SunLife (Sunčani Život d.o.o.), Ljubićeva 24, 210000 Split, Croatia
EU VAT No. HR15892858013
Company VAT Number / OIB: 15892858013
Agency Identification Code: HR-AB-21-060180105
Director: Tina Gazin
Hereinafter referred to as «the Charter»
And
Agency:Zizooboats GmbH, Schoenlaterngasse 11/11, 1010Vienna, Austria
Company VAT Number: ATU68498789
Director: IvanMiletic
Hereinafter referred to as «the Agent»
Are signing this contract today, February,26, 2018.
A BUSINESS AGREEMENT
- Purpose of the contract
With this agreement we stipulate the rights and obligations between the companies Sunčaniživot d.o.o. / SUNLIFE charter and Agency byintermediation upon the accommodation of clients on vessels owned by the Charter or on vessels owned by other private persons or legal entities with whom the Charter has concluded agency agreement. The vessels are based in Split ACI Marina and can be offered by the Agent when available, according to the charter's booking list.
2. Agency obligations
2.1 The Agency will include the above mentioned vessels in it's charter program, offer them on local and foreign markets and make all reasonable efforts to rent them for the charter.
2.2 The Agency will promote the vessels in the specialised magazines, boat shows, it’s web pages, in order to maximize the renting of the vessels
2.3 The Agency will organise the accommodation on the vessels only within Croatian territorial waters.
2.4 The Agency is obliged to inform the Charter about all potential bookings and to confirm them within seven days by paying an initial instalment according to theArticle 5.
2.5 The Agency conducts business activities in the name and for the account of the Charter.
The Agency is obliged to offer services of intermediation upon accommodation on the vessel and to close the agreements with end-users, according to the price list and conditions approved by Charter and which are part of this agreement.
2.6 Agency is free to offer to end-user discounts which are not part of the Charter’s price list or offer but solely out of it’s agency commission, determined in Article 4, and with the previous consent of the Charter.
2.7 When making the agreement with the client the Agency is obliged to deliver to the Charter the following information: name and family name of the client, whether legal entity or private person, address and number of passport or any other identity number.
2.8 The Agency is obliged to inform the end-user about the chartering conditions, which are the part of each charter agreement.
The Agency is obligated to deliver to the Charter the crew list (the list of the crew members with their names, their dates of birth, passport numbers or identity cards and nationality – TYPED ON COMPUTER) no later than a week before the scheduled rental date.
3. Charter obligations
3.1 The Charter is obliged to: ensure that the vessel is in a good condition when chartered, that it is taken care of it properly throughout the year, that the vessel is prepared on the day of charter and checked over when the client returns; take care of the cost of keeping the vessels in the marina throughout the year; ensure that the vessels and passengers are insured.
3.2 The Charter is obliged to cover any costs that may occur, required from client, should the Charter fail to provide any item or service covered in the charter contract that are specified in the initialbooking with the client.
3.3 The Charter is obliged to send an offer to the Agent, after the Agent has made an inquiry,according to the SunLife's price list, valid for the current year, including the vaild discountsand state the amount of agency commission which is approved to Agency for her services, stated in Article 2 or notify the Agency that the vessel is not available in the requested period.
4. Agency commission for provided services
4.1 The Charter approves to the Agency the agency commission in amount of 17.00% for it's intermediation upon accommodation on vessels and the commission is calculated on NET amount of the agreed client's price.
4.2 The Agency is obliged to issue an invoice for agency commission, latest 4weeksbefore the charter begins and the invoice will contain the following:
-Information about the client (name, family name / company name, adress)
-Number of contract, amount of approved discounts, including the amount of the
discount given out of the agency commission, which has to be previously approved
by the Charter
-The amount for the agency commission without VAT, the amount of VAT for the
agency commission and total amount of the agency commission
-The end price for the client.
4.3 If the Agency does not issue an invoice for the agency commission in due time, the Agency authorises the Charter to issue the invoice for the Agency, according to the Article 78, clause 6 of the Croatian Value Added Tax Act. That invoice will be delivered to the Agency from the Charter and the Agency is obliged to accept it as it was issued by the Agency.
5. The terms of payment
5.1 The Agency will make a payment to the Charter after the confirmation of the booking according to the following principle:
- 50% of the price of the vessel after the contract has been signed
- 50% four weeks prior to departure.
The Charter issues the invoice to the Client after the service was accomplished with the price from the price list, reduced for discounts offered to the client.
5.2 If the client is not able to take over the vessel, the Agency can find another client who will use the vessel for his/her name. In case that the Agency cannot find another client, the Charter will keep the received money in total or part of it, according to the General conditions.
5.3 Client has the right to embark the vessel only after the entire amount of the accommodation service has been paid; otherwise the Charter has the right to refuse to let the client to embark the vessel. Also, the Charter has the right to refuse to let the client to embark the vessel if the Charter representative establishes that the client is not able or competent to drive the vessel.
5.4 Pursuant to the Tourist Act client is obliged to pay tourist tax upon his arrival.
6. Insurance and Obligatory deposit
The Agency is obliged to inform the client about the safety deposit which is to be paid in cash or by credit card upon taking over the vessel.
The Charter is obliged to return the safety deposit to the client when the client returns the vessel, provided there is no damage done to the vessel. In the case where the vessel has been damaged, the Charter will retain a proportion of the said deposit to cover the cost of any damage up to the full amount (written in the price list for the current year).
7. Duration of Contract
This contract is made for the period of one year, starting from February, 26, 2018. till December, 31st, 2018. The contract is automatically prolonged if none of the contractual parties doesn't terminate the contract by submitting a request for termination latest till September, 1st of the current year. Contractual parties agree that the contract is no longer valid in case of any Law change.
Termination of the contract is possible only in written.
Termination of the contract takes effect within 15 days from the day of the receipt of the written notice about the contract termination.
In the event of termination of contract all the rights and obligations, determined in this contract, remain the same for the subject-matters which have been concluded during it's duration, irrespective of the date of the realisation of the mentioned subject-matters.
8. Final provisions
In case of any dispute arising from this contract, the Commercial Court of Split is responsible for arbitrating the agreement.
This agreement has been issued in two identical copies, one for each party.
The Agency:Zizooboats GmbH / SunLife Ltd
Director: