Professional paper
https://doi.org/10.21857/m3v76t1woy
Marina Liability Insurance: a Practical View
Ines Bezić
Abstract
This paper discusses the liability insurance of ports of nautical tourism – marinas – considering adverse events in the marina and in the case law. In order to better understand the term marina in legal transactions, the introductory part of the paper begins with definitions of a special purpose port that has been granted a concession as an economic entity (nautical tourism port) with special reference to certain legal and bylaw regulations.
The following regulations were drawn on in particular for the purposes of this work: the Maritime Domain and Sea Ports Act; the Maritime Code; the Civil Obligations Act; the Act on the Provision of Tourism Services; the Ordinance on the Categorisation of Nautical Tourism Ports and the Classification of Other Facilities for the Provision of Berth Services and the Accommodation of Vessels; and the Regulation on the Classification of Ports Open to Public Traffic and Special Purpose Ports. Regarding the responsibility of the marina, the concept of core business is elaborated through the provision of services in nautical tourism, including the berthing and accommodation of vessels.
Further, an analysis is made of the sources of liability arising from these activities. The responsibility of the marina for damage to vessels moored in the marina towards service users is observed mainly through the contract on nautical berths and the general terms and conditions of berth use in marinas. In addition to contractual liability, the non-contractual liability of the marina towards third parties is also considered.
In the context of marina liability insurance, the paper analyses different types of insurance, the most important concepts from insurance contracts and insurance policies, and also possible ways of achieving safety in marinas. After presenting examples of actions in the event of adverse events in the marina and several examples of adverse events from practice, concluding with the insurer’s decision, the paper moves on to briefly present several decisions of domestic courts in cases conducted for the compensation of damages. Finally, conclusions are drawn in the last part of the paper.
Keywords
port of nautical tourism – marina; concession holder; responsibility of the marina; liability insurance; insurance contract; berth contract; general terms and conditions of berth use; nautical services; safety factors; damage; adverse event; indemnity
Hrčak ID:
323929
URI
Publication date:
17.12.2024.
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