ASTA JAHTING d.o.o.,
Put Murata 1a, 23001 ZADAR, P.P.255,
VAT: HR10891615207,
represented by Mr. Andrija Botica (in further text “Provider“)
and
Otago Yacht Agency, Michalow-Grabina
Ul. Platanowa 2D, 05-126 Nieporet, Poland
VAT EU: PL1180047221
represented by general manager ………………….. (in further text “Agency“) have concluded this
BROKERAGE CONTRACT FOR ACCOMMODATION SERVICES
Article 1
The subject of this Contract is the sale of accommodations aboard commercial vessels which are part of the Provider's fleet.
The Agency will act as a broker between Client and Provider, and will operate in the name and on behalf of the Provider and on his account. Special Power of attorneyis an integral part of this Contract.
Article 2
Prior to and during the conclusion of this Contract for the provision of accommodations aboard a vessel, the Agency will consult with the Provider about the availability of the vessels. The Agency will use its standard contracts in the name and on the behalf of the Provider with each individual Client. The Client is not obliged to sign any other contract with the Provider, since by concluding this Contract, the Client confirms his/her awareness and the acceptance of the General Vessel Accommodation Conditions, which are therefore an integral part of this Contract.
All eventual disputes between the contractual parties are to be solved based on the General Vessel Accommodation Conditions.
Article 3
The price of vessel accommodation service is stated in the Accommodation Service Contract, or in an invoice issued to the Client by the Provider.
If the payment for accommodation service has not been made on time and in full amount, or if the Client is unable to operate the vessel, the Provider has a right to refuse giving the accommodation to the Client.
As per agreement with the Agency, the Provider is obliged to hand over to the Client a vessel of the same or better characteristics, ready for sailing, with all the necessary equipment, as stated in the inventory/equipment list.
Article 4
The payment of vessel accommodation service price should be made in accordance with the terms of payment indicated in the Vessel Accommodation Contract or in accordance with the General Vessel Accommodation Conditions.
Within the subject-matter of this Agreement, Agency is entitled to receive money from the Provider’s Clients and is obliged to transfer the money to the Provider after deducting agency commission unless this Agreement stipulates otherwise.
The Provider will issue an invoice on the Client’s nameindicating the price listed in the price list, reduced by the discounts approved to the Client.
The Agency will issue, at the date of embarkation, commission invoice to the Provider, indicating Agency's commission in the amount of 15 % of the Client's invoice amount reduced by current VAT rate in Croatia for accommodation services.
Article 5
If the Client, for whatever reason, is unable to take over the vessel indicated in the Contract, the Agency may find another Client to use the vessel accommodation service on his/her behalf.
In case the Agency cannot find a replacement for the client, the Provider will retain the paid amount, in total or in part, in accordance with the General Vessel Accommodation Conditions.
Article 6
By signing this Contract the contractual parties explicitly agree that, depending on the situation on the market, Agency can - as an exception - grant additional discount to a Client in the name of the Provider. The discount cannot be higher than the amount of commission the Agency is entitled to, which is covered by the Provider.
Agency will deduct the amount of additional discount from its commission and invoice the remaining commission amount to the Provider according to the Article 4 of this Contract. The Agency has to obtain prior written consent of the Provider for all the other discounts possibly granted to the Clients.
Article 7
At the date of embarkation Agency is entitled to set off its claim for a commission against the liabilities it has towards the Provider.
If the Client withdraws from the contract with the Provider, Agency is entitled to set off its claim for a part of the commission if any at the date the conditions for the enforcement of the claim for cancelation fee were met.
Article 8
This contract is concluded for a period from 01.04.2014 to 01.04.2015.
Upon expiration of the one-year period indicated in the previous sentence, the validity of this Contract will be renewed for successive one-year periods, under same conditions, provided that the contractual parties don't terminate the contract in written form until the 30th of September of the current year.
If either contractual party breaches any of the conditions of this contract to such an extent that the other party finds further cooperation unacceptable, the Provider and the Agency have a right to terminate this Contract without prior notice, and the Provider assumes all commitments made by the Agency up until that point.
Article 9
In case of any disputes, the contractual parties will try to settle it by mutual agreement. If that is not possible, the contractual parties agree that the dispute falls under jurisdiction of the competent Court in Zadar.
Article 10
All amendments and addenda to this Contract are valid in written form only, after being signed by both contractual parties.
Article 11
This Contract is composed of 2 (two) identical copies, 1 (one) for each contractual party.
The Undersigned persons declare that has competence to sign this Agreement. This Agreement supersedes all the previous contracts and agreements and is only valid Agreement between Provider and Agency in meeting of the subject-matter of this Agreement.
In Zadar, 01.04.20014
Provider: Agency:
______
ASTA JAHTING d.o.o. Otago Yacht Agency
Special Power of attorney
ASTA JAHTING d.o.o., Put Murata 1a, 23001 ZADAR, P.P.255, VAT: HR10891615207,
represented by Mr. Andrija Botica (in further text “Provider“)
authorize
Otago Yacht Agency, Michalow-Grabina
Ul. Platanowa 2D, 05-126 Nieporet, Poland
VAT EU: PL1180047221
represented by managing director …………………………
to do any and all of the following:
- To sign Contracts for Accommodation services under General Vessel Accommodation Conditions(enter into contract) on behalf of Provider and on Provider´s account,
- To receive money from the Provider´s customer on behalf of Provider and on Provider´s account.
Place: Zadar, Date: 01.04.2014
Andrija Botica______
Name of the responsible person
......
Signature + stamp
Registracijski sud: Trgovački sud u Zadru MBS: 060014511 OIB 10891615207
Temeljni kapital: 5.100.844,74 KN u cijelosti uplaćen, Član uprave: Andrija Botica
IBAN HR8524020061100040578 SWIFT ESBCHR22 Porezni broj(EU VAT No): HR10891615207