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General Terms of Membership

GENERAL TERMS OF MEMBERSHIP 
 
Article 1. Subject and duration  
 
1.1 These General terms regulate the relation and membership agreement between the Service provides for help at sea (hereinafter referred to as ES) and subscribers to ES membership (hereinafter referred to as Member) 
 
1.2 Member can be private person or company no matter the residence or nationality. 
 
1.3 ES member agrees with these general terms and gives consent to collection, processing and usage of his/her personal data as well as the exchange of the same with contractual ES providers if necessary for providing the service required. Es also reserves the right to record any communication including but not limited to vhf radio, telephone calls, email and fax between Es personnel and members or customers for quality and payment confirmation purposes 
 
1.4  ES membership fee has to be paid in full prior activation. Membership is valid within 1 working day from payment date and a membership number is issued to paying member. 
 
1.5   Membership and its benefits are strictly valid for the water craft registered with ES no matter who is maneuvering the water craft or a skipper in membership package for skippers.  
 
1.6 Membership is valid for 12 months and it cannot be transferred to other water craft without written consent of ES, except for Charter Pass membership which is valid for a minimum of 7 days upon registration.   
 
1.7    ES network is available 24 hours a day from January 1st to November 1st, and from 09:00 am till 04:00 pm during the remaining period.  ES call center is reached on the 24/7 number: +35679027903 or +35623971112 during office working hours   
 
Article 2. Type of memberships 
 
2.1 START package membership for water craft owners regardless the use of the water craft (private or charter) with no restrictions in regard to water craft size  
 
2.2   STANDARD package membership for water crafts for private use. According to water craft size in categories Small, Medium, Large, XL and XXL.  
 
2.3 GOLD package membership for water crafts for private use. According to water craft size it is divided in categories Small,Medium, Large, XL, XXL and Oversize.  
 
2.4 CHARTER Pass. Membership for skippers on a chartered water craft. Minimum Validity 7 days.  
 
2.5 SKIPPER Pro. Membership for professional skippers on water crafts up to 15 meters.  
 
Note: Multi hull watercraft  ( catamarans etc ) the membership fee is multiplied x 1.5  
 
 
Article  3. Membership benefits and territorial coverage 
 
3.1 START PACKAGE. Purchasing START package member grants you 15% discount on all interventions fees in Malta, during the membership validity. Discount is applicable to official ES price list of the country where member is navigating.Territorial coverage in all states where ES is operative in accordance to specific law regulations of each state.  
 
3.2 STANDARD / GOLD /CHARTER PASS / SKIPPER PRO PACKAGE Purchasing one of the above listed packages member is entitled to one free intervention within the membership validity. The free of charge interventions are listed below. Standard/Charter pass and Skipper Pro memberships cover services within the territorial waters of the Republic of Malta and include a free service as mentioned in 3.3 below. Gold membership has territorial coverage in all states where ES is operative in accordance to specific law regulations of each state with remark that in each state the benefits for Gold membership are different and can enjoy a free service as mentioned in 3.3 below and within the territorial waters  of Malta, Croatia, Montenegro, Slovenia and Italy   
 
3. 3 FREE INTERVENTION AND BILLING  
 
Only one of the following service is provided free of charge and not all below services . Any additional services required during the first intervention or any other intervention during the course of membership, members are entitled to 30 % discount on the ES service tariff.   
 
All services calculated from boat position on wards 
-Accompaniment of the water craft up to 3 nautical miles 
-Minor repairs or technical services-Engine parts or fuel delivery (cost fuel or parts member pays separately) 
-Transfer of passengers to nearest shore
-Towing up to 3 nautical miles or nearest shore

 
3.4  ADDITIONAL CHARGES AND PAYMENT TERMS  
 
Any of the afore mentioned services can be used once and only one of the above listed service is free of charge. All other provided services which are not part of the free package or exceed the free service shall be charged to the member as follows: 
 
The full amount according the official service price list discounted for 30% if the service is not included in free package
 
or 
 
Difference in price for the part of the service exceeding the free of charge limit (exp. In case the service is towing 10Nm, 3Nm of towing is free of charge and the rest 7Nm shall be charged with 30% discount on the service price list). Once the member has used the free of charge service all other services within the membership duration shall be charged according to the prices for members.  Intervention service commence once the member confirms request of service via telephone, email or vhf radio. A cancelled intervention is considered as a free intervention for members whilst a 250 euro cancellation fee is applicable to non-members or if the member cancels an intervention after the first free intervention.  The member is liable to any additional expenses incurred during the intervention as per ES price list or as mutually agreed between Es personnel and the member. Payment must be either made up front or to a maximum of 48 hours from request time in case member does not have access to instant payment services   
 
Article 4. Change of ownership  
 
4.1    If during the validity of ES membership the change of ownership of the water craft occurs, the membership becomes inactive within 24 hours upon the change of owner, unless the former owner (member of ES) and ES agree to transfer the membership benefits to the new owner or a new water craft.   
 
4.2  ES Member is obliged to inform the ES network of any change of ownership. Possibility of transfer of membership rights to other owner or water craft shall be agreed separately and independently of any right coming out of these general terms  
 
Article 5. Providing assistance  
 
5.1 ES is not Search and Rescue, Emergency response nor 112 services. It is a commercial service for help and delivery at sea. In case of a distress call ES shall immediately inform SAR and other responsible authorities and act according to their directions. Any applicable charges or expenses for services rendered by SAR or other authorities are dealt directly between water craft owner and authorities directly.   
 
5.2    ES Malta call center is reached on the GSM: +35679037904 or office number: +35623971100 (during office hours)  
 
5.3   ES provider shall seek to come to intervention location as soon as possible and will grant a maximum reaction time of 3 hours to its members. Members have priority on intervention except in cases of high urgency where there are crew or members of another water craft in greater danger.  
 
5.4   The operator reserves the right to reject assistance or involve SAR services in case of adverse weather conditions or other situations which might bear the risk of loss or damage on personnel or property.   
 
5.5    During the intervention ES is not responsible for persons or property of the endangered water craft. They are the responsibility of captain, skipper or crew in charge of the water craft.    
 
5.6   ES member is obliged to respect and consent to the terms of ES provider practice and to act according to ES operator instructions until the arrival of ES craft to the position.   
 
5.7   ES operator and member shall fill out and sign the form of intervention once the situation on the watercraft is stabilized.   
 
5.8   In case ES member seeks service from any other except ES provider no reimbursement is possible.   
 
5.9   Any disputes that might arise from these general terms of ES membership if not possible to solve in peaceful manner shall be settled under the laws of each respective operator country.     
 
Article 6. Cash Refund  
 
6.1 Es members benefit from 15 days of cooling down period from activation date  No refund is issued to premature terminated or exhausted subscriptions The membership is valid for the agreed period depending on package selected by member and is not refundable if no services are requested by the member during the membership period.    

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