TransLawFer 2017, 11-12 Sep, 2017, Benicàssim, Spain Marija Pijaca, Ph D A Comprehensive Analysis and Assessment of the Content of the Business Cooperation Agreements Between Marinas and Charter Agencies TransLawFer 2017, 11-12 Sep, 2017, Benicàssim, Spain

Developing a Modern Legal and Insurance Regime for Croatian Marinas – Enhancing Competitiveness, Safety, Security and Marine Environmental Standards www.delicromar.hazu.hr

The basic aim of the paper: Research the Business Cooperation Agreements Between Marinas And Charter Agencies; Analysing: the rights, obligation and responsibilities of the same parties; Asses all the aspects of their content.

Contract of Berh ≠ Business Cooperation Agreements Between Marinas And Charter Agencies

The data on the number of marinas, registered charter companies, business cooperation agreements, have been determined on the analysis of the business practises of CROATIAN MARINAS.

The importance of the analysis: the role, the importance of the marinas and charter companis for the nautical tourism, the core of marinas and charter agencies business activities, all the core business objectives are met.

There is no law in Croatian legislation that regulates the rights/ * There is no law in Croatian legislation that regulates the rights/ obligations/ responsibilities between marinas and charter companies

The paper will try to provide answers to the following questions: Should legal sources contain provisions dealing with the legal matters of the business cooperation between the marinas and charter companies? * Are unspoken rules, present when entering a business cooperation agreement, sufficient for contracting and carrying out an agreement?

Who the parties of these agreement are? marina charter agency The charter agency is a p/l person, registered in the Republic of Croatia for vessel renting. Croatian Ordinance on conditions that water craft, natural person or legal entity must comply with when providing services of vessel renting A marina is a part of a water area and coast purposely built and developed for the purpose of providing berthing services and other services in the nautical tourism. Croatian Ordinance on Classification and Categorisation of Nautical Ports

when we talk about a marina as a contractual party  we mean a p/l person providing berth services and other services on nautical tourism

The obligation of marina Provide enough berths for the vessels of the charter company the list of charter vessels’ specifications is attached to the agreement  integral part of the agreement.

every vessel in the agreement closes a CONTRACT OF BERTH This contract is a logical sequence of the business cooperation agreements

The obligation of marina supplying of vessels with electricity and potable water. marina must provide enough parking spaces for the cars of the charter agency’s guests

The obligation of the charter company Pay the fee for the services provided by the marina - > vessel’s length overall The charter company provides the marina with the bond -> form of security guaranteeing performance of the contract obligations. Regulation allows the marina to prevent a vessel from leaving the marina in case of non-payment.

The contract parties usually agree on some sort of payment intervals The term for payment : usually a few months from the day of signing the agreement. The contract parties usually agree on some sort of payment intervals -> in accordance with berth rental tables for different categories of vessels.

The usual content of these agreements: Integral part may also be an Commercial Property Lease Agreement for a particular period for a monthly rate bond – security guaranteeing performance of contract obligations for the purposes of performing charter services in the marina area

These agreements are usually temporary contracts, concluded for a period from one to two years. The explanation for these is in the marinas concessions for a definite period; 30-35 y there is no legal basis for concluding an indefinite duration contract.

Results The contract parties, in practice, agree in details on their rights, obligations and responsibilities There is no law in Croatian legislation that regulates the basic provisions of this type of agreement Marinas have already defined the basic provisions through templates when entering into agreement with charter company These provision have turned out to be very debatable in practice

the right of the marina to prevent the vessel from leaving the marina in case of berth non-payment; to terminate the agreement in case the charter agency does not pay the fees as set out in the agreement

The charter company - accept the conditions set out by the marina; - by signing the agreement, the charter company agrees to all the provisions of the agreement. The lack of legal regulation in practice leads to significant agreement imbalance in the position of the parties

a marina has a dominant position in defining the relationship between the parties  

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