General Terms of Membership and service

GENERAL TERMS AND CONDITIONS OF MEMBERSHIP OR PACKAGE    
 
Article 1. Subject and duration    
 
1.1  These General terms regulate the relation and membership agreement between the Service provides for help and logistics at sea hereinafter referred to as ES) and subscribers to ES membership or packages (hereinafter referred to as Es Member). Non-member is a customer who is not a member but calls for intervention. All conditions are applicable to members and non members.  
 
1.2    Es 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 must be paid in full prior activation. Membership is valid within 1 working day from payment date and a unique  membership number is issued to every paying member.   
 
1.5   Es Membership and packages are strictly valid for the watercraft registered with ES no matter who is manoeuvring the watercraft. Es skipper is valid for the skipper registered in the membership.   
 
1.6   Watercraft is considered to be a staffed floating object which is capable to travel on sea for leisure or commercial purposes. The following are considered as watercrafts for the purpose of this conditions             Windsurfer, Canoe, Kayak, Paddle boat, Dingy, Rhib / Rib, Jet Ski, Boat Open or with Cabin, Speed boat, Pleasure Fishing boat, Motor yacht, Sailing yacht, Catamaran, Trimaran or multi hull boats.             
 
1.7   Es Membership is valid for 12 months from activation date. Es Memberships cannot be transferred to other watercraft without written consent of ES. Other packages can have different duration and validity as shown on the package conditions.     
 
1.8   ES network is available 24 hours a day from March 1st to November 1st  and from 09:00 am till 16:00 between November 2nd and 27th February. ES call centre is reached on the 24/7 numbers: +35679027903 or +35679037902.      
 
Article 2. Type of memberships   
 
2.1   STANDARD membership is available for watercrafts for private use and sailing within territorial waters. Membership rates vary according to watercraft size as showing in the following in categories   
 
Small Watercrafts up to 22 feet / 6.70 meters
Medium Watercrafts between 23 feet / 7.01 meters and 30 feet / 9.15 meters
Large Watercrafts between 31 feet / 9.45 meters and 40 feet / 12.19 meters
XL Watercrafts between 41 feet / 12.45 meters and 60 feet / 18.28 meters 
XXL Watercrafts between 61 feet / 18.59 meters and 78 feet / 23.77 meters    
 
2.2   Kayak Membership is available for non-motorized and paddled watercrafts such as windsurfers, kayaks and canoes which are sailing for private and commercial use within territorial waters. Membership is applicable against the watercraft itself and is valid for 1 year   
 
2.3   Jet Ski membership is available for stand-up and sit-down jet ski categories with single or multiple passengers. The jet ski membership is only valid for private and pleasure users. The membership is valid for 1 year and is valid for use within territorial waters. 
 
2.4   Charter pass is available for persons chartering a self-drive boat within territorial waters. The person registering for the charter pass must have a valid and accredited boat license and is valid for 7 days.   
 
2.5   Skipper pro membership is available to licensed and qualified skipper operating watercrafts up to 78 feet / 23.77 meters within territorial waters. The membership can be used by the skipper on any watercraft if he is acting as the master or skipper during the intervention request.   Note: Multi hull watercraft (catamarans, trimarans etc) the membership fee is multiplied x 1.5      
 
Article 3. Membership services and territorial coverage   
 
3.1   Standard, Kayak, Jet Ski, Charter pass and Skipper pro memberships are entitled to 24/7 call assistance service and one of the following for free (one time per year): Transfers of passengers to and from closest shore, Delivery of spares and or consumables (cost of spares and consumables not included), Minor technical repairs, Tow to closest shore or 3 nautical miles from current position   
 
3.2   ES Services are made within the territorial waters of the Republic of Malta. Any service or intervention request beyond the 12 nautical miles is not covered by this membership.   
 
3.3   Es members enjoy 30 % discount on the ES tariff on added service or assistance requests   
 
3.4   ES members are given priority to non-members   
 
3.5   Non-members are provided with a quote at time-of-service call. No discounts on the ES Tariff apply to non-paying members 
 
3. 6  Non-members are to settle the rate showed on quote prior commencement of service. Quoted rate can change if any added services or milage is consumed during the intervention. Any difference s is billed and settled at time of termination if services   
 
3.7   Any of the afore mentioned services mention in 3.1 can be free consumed once during the membership period   
 
3.8  An intervention is active once confirmed and paid for. A Euro 250.00 cancellation fee is applicable to non-members if the Es service provider is still at home port or full charge if the Es service provider commenced the service. A consumed free intervention if cancelled by paying Es members   
 
3.9   The Es member or non-member is personally liable to any added 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. Providing assistance    
 
4.1   ES is not Search and Rescue, Emergency response nor 112 services. It is a commercial service for help and logistics at sea. We are a commercial entity, and our services are against a stipulated tariff. In case of a distress call ES shall at once inform SAR and other responsible authorities and act according to their directions. Any applicable charges or expenses for services given by SAR or other authorities are dealt directly between watercraft owner and authorities directly.     
 
4.2   ES Malta call centre is reached on +35679037902, +35679027903 or office number: +35623971100 (during office hours)    
 
4.3    ES or any of its service providers 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 watercraft in greater danger.   
 
4.4   Es or any of its service providers reserve 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. ES or any of its service providers reserve the right to refuse service if master, crew or passengers are under the influence of drug, alcohol or any illicit substances.      
 
4.5   During the intervention ES is not responsible for persons or property of the endangered watercraft. They are the responsibility of captain, skipper or crew in charge of the watercraft at time of intervention. Es is not responsible for any damages that can occur during the intervention     
 
4.6   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.   
 
4.7   ES operator and member shall fill out and sign the form of intervention once the situation on the watercraft is stabilized.  
 
4.8   Es member or non-member is solely responsible to any added request of services, charges or fines imposed by the local authorities   
 
Article 5. Refund    
 
5.1    Membership or packages bought online are subject to 15 days of cooling down period from activation date as per local laws   
 
5.2   No refund is issued to premature, terminated or exhausted subscriptions. No refund is issued to memberships which are transferred from one craft to another without the ES consent    
 
5.3   Intervention fees, quotes, rates and expenses are non-refundable   
 
5.4   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.    
 
5.5   As per clause 3.1, An intervention is active once confirmed and paid for. A Euro 250.00 cancellation fee applies to non-members if the Es service provider is still at home port or full charge if the Es service provider commenced the service. A consumed free intervention if cancelled by paying Es members    
 
5.6   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 the Republic of Malta