engleski

Marina Operator's Obligations from the Contract of Berth Acording to the Business Practices of Croatian Marinas

Contract of berth is the contract that is not regulated by any special laws, meaning that its essential components, including the contractual obligations of the parties are not specifically prescribed. The practice of using general terms and conditions of marinas is adopted when concluding a contract and determining the scope and content of the parties’ obligations. The paper considers the obligations of marinas as a contractual party that provides specialized and complex services of berthing. The provisions of general conditions of marina business practices are analysed and interpreted in terms of obligations regarding the provision of technically acceptable and safe berth in the marina, control and custody of the vessels at berth. The paper explains the meaning and scope of specific contractual obligations and emphasises the impact of contract commitments on the subject of contractual liability and definition of the legal nature of a particular contract. For a better understanding of marina obligations, the paper compares them with the corresponding obligations of the berth user. The developed market of nautical tourism requires a balanced protection of economic and legal interests of marinas and berth users as its participants, which is reflected through the right balance of their contractual obligations. Bearing in mind contemporary conditions governing the nautical tourism and trends of its growth, the paper presents the thesis on the need for standardization of the provisions on the obligations of parties in specific general conditions of marinas in order to classify them into categories based on scope and content of services that marinas provide.

nautical tourism, berth contract, marina obligations, business practices of Croatian marinas

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