GENERAL TERMS AND CONDITIONS SEAHELP MEMBERSHIP
As per 01.12.2019
These General Terms and Conditions apply to all contractual relations between Sea Help GmbH (hereafter referred to as: SH) and active members (hereafter referred to as: Member) as well as all other Contracting Partners. No other terms and conditions shall apply. Any natural or legal person may become a member, irrespective of their place of residence, nationality or registered office. SHService Partners are partners with whom SH has concluded a service agreement.
PROVISION OF SERVICES
Upon payment of the membership fee, each Member will be entitled to make use of services and other defined benefits free of charge in accordance with the selected type of membership. Services will be provided exclusively in the areas of deployment covered by SH as indicated on the SH website.
Members are entitled to the free services provided by SH only during the term of membership (Article 5). SH will provide their services irrespective of the date and time. In the period from October to April, SH will not provide their services on the German and Danish Baltic Sea coast and in the rest of Europe only from 08:00 a.m. to 04:00 p.m.During the winter months of December, January and February, SH will provide a limited operation, though accessibility by telephonewill be guaranteed during this periodfrom 09:00 a.m. to 04:00 p.m. SH will provide their services only outside licensedareas such as ports and marinas. SH will endeavour to reach the site of the damaged ship within two hours after receipt of the notification of the damage report; during restricted operationbetween October and April longer waiting times may occur. In case of multiple simultaneous interventions, the services will be provided according to priority or assessment of the urgency by SH (danger to life, sinking ships etc. take precedence). SH does not accept reservations for services (marina to marina towing) and will carry these out only according to availability. In case the client is mooring in a safe port (prior to towing from one marina to the other), the towing operation may be carried out during the night hours in order to keep the rescue forces free during the day. SH does not assume any liability for costs incurred to the member due to time delays in its provision of services (cancellation or rebooking fees etc.).
TYPES OF MEMBERSHIP
Depending on the type of membership, a Member is entitled to various free breakdown services at sea.
Types of membership:
§ 1 OWNER’S/STANDARD PASS – Membership is linked to the boat of the Member and it is intendedfor any person steering the boat. Membership does not apply for any commercial use of the vessel. Membership is granted for a period of 12 months, starting 72 hours after receipt of payment and is not transferable.The free membership benefits are listed in Article 4 (§ 1-11). Dinghies, tender boats or Jet Skis are only included within a 2 NM radius around the basis ship (member yacht).
§ 2 SMARTPASS – Membership is linked to the boat of the Member. Membership is granted for a period of 12 months, starting 72 hours after receipt of payment and, subject to article 7, is not transferable. The free membership benefits are listed in Article 4 (§ 1-13). Dinghies, tender boats or Jet Skis are only included within a 2 NM radius around the basis ship (member yacht).
§ 3 PREMIUMPASS – Membership is linked to a specific boat, irrelevant who leads it (similar to Standard or SmartPass) and to the person who subscribed to the membership and can only be used by that person, irrespective of the boat to be navigated. Membership does not apply for that person’s commercial or professional use. Membership is granted for a period of 12 months, starting 72 hours after receipt of payment and, subject to article 7, is not transferable. The free membership benefits are listed in Article 4 (§ 1-15). Dinghies, tender boats or Jet Skis are only included within a 2 NM radius around the basis ship (member yacht).
§ 4 MARINAPASS – Membership is linked to the boat of the Member and can only be purchased by a marina, enterprise, insurance company etc., as the contracting party and as a package consisting of at least 100 memberships. Membership is granted for a period of 12 months, starting on the date of the conclusion of the contract; subject to article 7, membership is not transferable. The free membership benefits are listed in Article 4 (§ 1-11).SH will only provide services within a zone of 5 nautical miles around the home berth of the vessel (usual mooring place of the boat). Pursuant to Article 4 (§1-11), any service can only be used once per year by the Member. If the boat is located outside the 5-mile zone of the home berth, a fee will be charged for the service at the rate of 50% of the applicable SH price list. By payment of a supplement, the membership can be upgraded to an Owner’s/Standard or Smart or Premium Pass, in which case the benefits linked to the corresponding Pass can be used only after a waiting period of 72h after receipt of payment.
§ 5. CHARTERPASS – Membership is linked to a charterboat. This membership is intended for skippers who charter leisure boats for a period of one to two weeks. SH will provide the services only once within a period of 14 days (period of use) and only for the chartered boat.
Membership with SH has to be activated at least 2 days prior to the period of use in written. The Member has to indicate the name of the charter company (charter base), the port of departure, manufacturer/model/name of the charter yacht. In exceptional cases, the data may be reported later (breakdown of the charter boat etc.).The free membership benefits are listed in Article 4 (§ 1,2,3,4,5,7,8,10). Membership can be activated only after a waiting period of 48 hours after receipt of payment. Dinghies, tender boats or Jet Skis are only included within a 2 NM radius around the basis ship (member yacht).
§ 6. SUPPLEMENT FOR SPAIN – The supplement for Spain is charged in addition to the membership fee for boats/yachts and skippers that are used predominantly in Spain or who have their permanent residence in Spain. The reasons for the supplement for Spain are the considerably higher operational and logistics costs (berth, service charges, personnel costs etc.) in Spain.
§ 7. PARTNERPASS – This membership contract determines in detail the scope of services and applications by means of specific agreements with determined partners. Examples: Olive Island Card, Triglav Standard or Comfort, respectively, Allianz Nautic Card, Generali Nautic Card etc.
§ 8.BASICCOMMERCIAL PASS– Membership is linked to a commercially used boat (charter, taxi, fishing boat, etc.) and it is intended for any person steering the boat. Membership is granted for a period of 12 months, starting 72 hours after receipt of payment and, subject to Article 7, is not transferable. The services provided are listed in Article 4 (§ 1 free of charge and § 2-11 with a 50% discount of the applicable SH price list). Dinghies, tender boats or Jet Skis are only included within a 2 NM radius around the basis ship (member yacht).
§ 9. Allinclusive COMMERCIAL PASS – membership corresponds to the Commercial Pass as stated in § 8, only with the difference that the free membership benefits are listed in Article 4 (§ 1-11).
FREE MEMBERSHIP BENEFITS
§ 2 TOWING – Performance of towing works to the nearest marina/port where repairs or cranage can be carried out in case of vessels that are not self-propelled. The term ‘not self-propelled’ means that the vessel cannot be manoeuvred due to a defect in the drive mechanism, and that the boat is not fit for continuing the sea cruise. This does not apply if only one of several drive units of a boat fails as long as the steering support is not affected.
§ 3 JUMP START – This means supporting the start up of a drive system by means of electric cables and an external power source at the site of the damaged ship in cases where the vessel’s own drive system has failed.
§ 4 TOWING FREE IN CASE OF SLIGHT GROUNDING – Towing free of a boat that does not emerge from the water by more than 10cm from the normal waterline and that will be able to continue the cruise after having been towed free. All other instances will be classified as salvage operations within the meaning of Article 5 and are therefore not part of the free membership services. The SH skipper will assess the situation in situ – seabed, swell, construction of the yacht, condition of the rigg etc. – after his comprehensive assessment of the situation free of charge towing free may be refused.
§ 5 UNTANGLING ROPES FROM THE PROPELLER – Untangling ropes from the propeller of a drive unit of a boat only outside ports and marinas.
§ 6 DELIVERY OF SPARE PARTS – Procurement of required spare parts, as well as their delivery, if required for the Member’s boat to continue the sea cruise (the spare parts will be billed by SH). Spare parts not essential to continue the sea cruise, will be billed according to the applicable SH pricelist.
§ 7 FUEL SUPPLY – Supply of fuel (maximum 20 litres)in cases where a Member’s vessel is not capable of continuing the sea cruise due to a lack of fuel. This does not apply to dinghies or tender boats. The fuel price will be charged at the prevailing market price and has to be paid in the national currency concerned.
§ 8 WEATHER & AREA CONSULTATION– During the period from May1 until October 31, from Monday to Friday 08:00 a.m. to 08:00 p.m.and Saturday 08:00 a.m. to 01:00 p.m, all SH Members may make weather and area consultations free of charge and non-binding via the telephone number 00385 51 855404. SH does not assume responsibility forthe correctness of the information provided.
§ 9 TRANSPORT OF PERSONS –Members are entitled to use these services once per yearwith a maximum of 5 passengers including luggage or maximum 500kgs, respectively) from a port to the Member‘s mooring berth or from to the Member‘s mooring berth to a port within a maximum distance of 20 nautical miles. SH does not warrant any on-time provision of service; possible interventions should prevail. SH does not assume liability for any costs arising from delays (rebookings, cancellation fees, frustrated crane costs, etc.).
§ 10 BENEFITS PARTNER PROGRAM– SH Members will obtain special discounts with renowned partner companies (see website or app info map). The digital membership card, retrievable via the SH app or a photo/photocopy of this membership card must be presented to the partner companies. The services of the partner companies are outside the scope of SH; SH does not assume liability forthe services provided by partner companies.
§ 11 ADVANTAGES IN PREMIUMS & COVER IN SEAHELP YACHT INSURANCE– SHMembersholding anOWNER‘S/STANDARDPASS, SMART-PASS or PREMIUMPASS, are entitled to special discounts on annual premiums and comprehensive cover for many types of own-damage and liability insurancesby theSea-Help Insurance GmbH.
§ 12 MARINA TO MARINA TOWING – SHMembers holding a SMARTPASS or a PREMIUMPASS, are entitled to towing to their home portin the following cases, if requested:
Case 1: If the distance between the home port and the nearest port be not more than 8 nautical miles pursuant to § 2, free of charge towing to the home port willbe performed at the Member’s request.Case 2: If it is determined in the nearest port pursuant to § 2 that repair is not feasible at all or not within 3 days, free of charge towing to the home port will be performed at the Member’s request.If the distance between the home port and the site of the breakdown(case 1) or the nearest port (case 2) is more than 30 nautical miles,a fee will be charged for the towing servicesas from the 31st nautical mile at the rate of 50% of the applicable SH price list. The time of atowing operation pursuant case 2depends on the availability of a SH rescue team as well ason the weather conditionsand will be agreed with the member in advance. The SMARTPASS or the PREMIUMPASS, respectively, musthave come into force or been activated at least 15 days prior to the breakdown.
§ 13 TELEPHONE ASSISTANCE – In the case of language difficulties (English-Croatian) all SH Members holding a SMARTPASS or a PREMIUMPASS are entitled to a free of charge support of up to 15 minutes during the period from May 1 to October 31 from Monday to Friday from 08:00 a.m. to 08:00 p.m.and Saturdayfrom 08:00 a.m to 01:00 p.m. via the telephone number: 00385 51 855404. This is not an interpreting serviceproviding a legally binding translation. This service is intended to provide support in the case of language difficulties in pharmacies, shops, marinas, at medical doctors or with repairs. The translation of documents is not a free of charge service.
§ 14 ANCHOR DIVING– All SHMembers holding a PREMIUMPASS, are entitled to free of charge assistance if the anchor is stuck on the seabed. This service is limited to a water depth of up to 7 metres and a normal situation of being stuck on the seabed.Exceptions: If the anchor is stuck under a power supply, water, gas or sewage line or cannot be cleared barehanded. If due to special external influences safe recovery of the anchor is not possible according tothe SH catain’s assessment, SH reserves the right to reject the service and does not assume any cost on the loss of the anchor or in the case of any possible damages. If requested, SH will ask for an offer of a professional diving company to be submitted and pass it on to the Member.
§ 15 TELEMEDICAL SUPPORT – SHMembers holding a PREMIUMPASS, are entitled to contact the HelpLine in the case of medical emergencies which, depending on the requirements, involves the assistance of a paramedic or a medical doctor in the phone call or the arrangement of a return call. This service is provided by SH partners. SH does not assume any liability for services provided by their partners.
Recurring defects (defective batteries, defective alternators, jump starts, …) will be remedied only three times free of charge during the term of the membership. As from the fourth operation forthe same cause, SH’s service will be charged according to the SH price list.
To the extent that services and works not provided free of charge in terms of the respective type of membership are required to enable continuation of the cruise, SH will charge the Member for such services or works according to the applicable SH price list. The Member will be informed about such costs before the works/services are performed. Remuneration for such works/services is payable on the spot (mode of payment: credit card or cash in local currency ofthe country where the service was provided). If the required repair works cannot be performed in the nearest port after towing, SH offers the option to tow the boat to the nearest repair shop or tothe home berth subject to costs (according to the SH price list at a 50% discount). SH will charge the required material (spare parts, fuel, etc.), deployment of divers or other services that are not provided free of charge in terms of the respective type of membership in accordance with the applicable SH price list. If the use of a second rescue boat is required to successfully provide a service, the use of such second boat will be charged tothe Member according to the SH price list.
In cases other than a slight grounding within the meaning of Article 4 § 6, SH may perform a salvage operation against remuneration. Except in cases of an emergency, the remuneration will be calculated in advance and according to situation, risk and weather conditions. Salvage operations are subject to specifically compiled General Terms and Conditions.
CHANGE OF OWNERSHIP
If a change of ownership occurs in regard to a vessel during the term of a membership in terms of Article 3 §§ 1, 2 and 4, the membership will be transferred – subject to the consent of SH – to the new owner, or – subject to the payment of a possible supplement – to a new boat. SH must be notified about the change of ownership by the Member (previous owner). If SH does not receive such a notification (in due time), SH is not obliged to provide any services.
PERFORMANCE OF THE SERVICES
SH is a naval breakdown service, operated on a commercial basis. In case of an emergency call, SH will immediately inform the search and rescue service as well as the competent public authorities and follow their instructions as required.
In case of a shipwreck or a defect to a boat of a Member, rendering the boat incapable of continuing the sea cruise, the Member can contact SH through the SH operations centre. In case of contact, the following information must be provided: Membership number and/or the name of the Member, mobile phone number, name and type of the vessel, exact GPS position, description of the defect, current situation (drifting at sea or anchored etc.), as well as any other information requested by the operator at the SH operations centre. The operator at the operations centre or the captain of the dispatched SH rescue vessel will evaluate and determine the required service following the report of a breakdown.
The SH Member undertakes to act according to the instructions of the SH operator until the arrival of the dispatched rescue boat at the place of the damaged vessel and to act according to the instructions of the captain of the SH rescue boat after the arrival of that boat at the site of the damaged boat.
SH reserves the right, to carry outvarious operations according to their urgency. SH is not responsible for theloss or sinking of a vesselduring salvage. In emergency situations, in particular in case of imminent or occured injuriy to persons, the skipper ofthe boat of a Member is in any event obliged to notify the responsible public authorities. This obligation cannot be devolved to SH.
SH reserves the right to refrain from providing the services or from delaying the provision of the services in case of extreme weather conditions (gale force of more than 30 knots and waves of over 1.5m height). At a gale force of more than 30 knots, if the total loss of the vessel is imminent, SH will provide assistance only in the form of payable salvage operations. The fee will be calculated situation-related according to difficulty, risk and weather conditions.
Free membership services may be claimed by new Members after expiry of the third day (72 hours) after receipt of payment and provided that the membership fee has been paid up in full on this date. The right to claim free membership benefits ends after 365 days, starting on the date stipulated in the membership registration. Membership is extended automatically by 365 days unless it is terminated in writing by the Member 60 days before expiry of the membership term.
RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES, LIABILITY
SH does not assume any liability for injury to persons and damage to propertyaboard a vessel while providing a service which are not directly linked with SH’s service, as the captain ofthe vessel is responsible in this case.
SH shall not be held liable for damage incurred as a result of services provided by a Service Partner. As a fundamental matter, SH shall not be held liable for damages of any kind, which arise in the course of provided services to the extent permitted by law. In particular SH shall not be held liable forslight negligencein relation to consumers.
After receipt of the payment, SH will transmit an invoice and a graphic membership card (pdf file) via email to the Member. In addition, the SH membership card will be recorded in the SH app. If the membership contract is terminated before its expiration, SH does not reimburse the respective pro-rata portion of the membership fee.
The Member undertakes to notify SH correctly of all relevant data of the vessel (length and width in metres) according to the vessel’s documentation (registrations). If, during an operation, it turns out that theboat length had been stated incorrectly, SH will charge the service according to the applicable SH price list.The Member undertakes to notify SH of all relevant modifications to the vessel (name of the boat, registration, motors, drives, etc.) as well as of the relevant personal data (address, email, co-owners etc.).
If required, SH Service Partners may generate forms for each provided service/intervention (operation protocol) about the service/intervention performed; in this case, the Member must sign the form, after due perusal, on the spot.
Members grant SH permission to capture, process, use and transmit their data to the extent that such data are perceived to be necessary for the smooth provision of services by SH or SH Service Partners (such need will be determined by SH).
MODIFICATION –GENERAL TERMS AND CONDITIONS UND PRICE CHANGE
SH reserves the right to agree upon new or modified General Terms and Conditions and price changes with theirexisting Members. Each Member will be duly informed about any modifications or price changes by email or in written. Consent tothe new or modified General Terms and Conditions and price changes is deemed to have been given, provided that the Member does not object within 60 days of the notification by email, as mentioned above, or in written.
EXTRAORDINARY RIGHT OF CONTRACT TERMINATION:
Existing Members are entitled to terminate the existing contractual relationship within 60 days after receipt of the written notification about the price change by means of a declaration in writing without giving reason if no additional benefit has been included.
Jurisdiction for legal disputes arising out of these General Terms and Conditions for SH and the Member or his legal successor shall rest with the court having jurisdiction as regards subject matter and locus for Ebensee.
This contractual relationship between SH and the Member shall be governed – subject to exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules – by Austrian law.