ARTICLE 24. RULES FOR THE USE OF SERVICES BY OCCUPIERS OF MOORINGS
In accordance with article 12 of the rules for the regulations of marinas approved by Royal Decree 2486/80 of 26 September tenants shall have the undisputed right of preference to use their berth. The management of the marina will make use of moorings when they are not being used by the tenants, applying to the temporary user the protocol applying to moorings for transients.
The owner of rights to a mooring can:
a) Moor and anchor in the mooring of which he is the owner a vessel of the appropriate length and beam for the period arranged and use the buoys ,chains, bollards, or other parts of the installation.
b) Carry out the embarkation and disembarkation of persons animals, portable gear or fuel cans, materials, tackle, goods or chattels, navigational equipment with the exception of toxic or dangerous merchandise for which prior permission must be obtained from the management whose instructions must be followed.
c) Connect to, with the agreement of the management, electricity, telephone, TV, water and other services from the outlets in the distribution boxes allocated to each berth of group of berths.
ARTICLE 25. BOATS AND CREWS RESPONSIBILITY.
The boats and its crews as users of the marina apart from the above will have the following obligations:
1) To collaborate with the staff of the marina to make their work easy, avoid accident and breakdowns. (The master or crew of a vessel cannot refuse to take the line o warps of other vessels.)
2) Maintain the vessel in good repair, tidy and secure.
3) Care for vessels, their gear and equipment, also tools and materials as if they were their own.
4) Pay the charges according to the price list published.
ARTICLE 26. PORT OF CALL FOR VESSELS ON PASSAGE.
Vessels in transit coming or going from or to the port and not involved in a previous agreement to stay will be treated exactly as discussed earlier with the same appropriate benefits. The management can authorize or deny services requested. In every case where the applicant does accept the time, place or conditions laid down he shall not enter the waters of the marina or shall leave at once if he has already entered. He shall notify the control tower of his intention to leave.
The withdrawal of permission to stay does not avoid the payment for services used during the stay in the marina.
The fact of simple entry into the marina will be considered to be acceptance of the conditions laid down in these rules. The use of bollards, rings, fenders or other parts of the berth will attract the corresponding charges as laid down in the scale of charges.
ARTICLE 27. ACCESS NOT AUTHORIZED.
In the case that a vessel enters the waters of the marina improperly not having previously obtained permission it must leave immediately. Non compliance will lead to legal proceedings. In all cases where it is considered the vessel has not permission the charges will as laid out below or will be increased progressively 100% day by day from the first day or the charge will be 5ª the normal.
ARTICLE 28. CUSTOMS.
Vessels using the port must comply with the customs regulations applying to the Marina in relation to the embarkation and disembarkation of people or material. The management of the marina will cooperate with the authorities in the fulfillment of the regulations and inform the tenants of the current rules.
ARTICLE 29. MOVEMENT OF VESSELS.
By the act of entering the marina the person in charge of a vessel will accept the direction of the management and understand that he may be moved to whatever place offers the same standard of services when the management considers it necessary.
These movements will be carried out by the vessels own personnel but in case of absence or failure to comply with instructions of the management ,the management will then carry out the work and make appropriate charges, which will have to be met by the owner or representative before he leaves the marina.
ARTICLE 30. PROHIBITIONS.
It is totally forbidden in the whole marina area.
1) To smoke while operations with inflammable fuel are proceeding.
2) Have on board explosive or dangerous materials with the exception of distress signals.
3) Dump soil, rubble, rubbish , waste liquids , paper or wrapping materials of any sort whether contaminated or not either on the shore or in the water. Rubbish must be deposited in the containers provided.
Breakage of this rule which essentially effects the hygiene, cleanliness or health of the marina will incur a financial penalty and will result in the immediate expulsion of the culprit and his boat independently of the obligation to indemnify for damage or inconvenience the concessionaire or 3rd parties. This will also apply to tenants of moorings . Repetition of this rule breaking will cause the management to prohibit access to the marina either for a period or indefinably.
4) To move boats inside the properly signposted areas reserved for other users or as to make repairs or work on boats in the waters of the marina except in areas individually so authorized.
5) Carry out works or modifications to the port installations without the management’s permission.
6) Shower in the open.
7) Leave loose halyards to bang against the mast.
ARTICLE 31. REPAIR AND SAFETY OF VESSELS.
All vessel moored in the marina must be maintained in good repair, tidy, water tight and safe.
If the management sees that these conditions are not complied with, they will advise the owner or his representative and after a reasonable interval if the necessary work has not been completed remove the vessel from the marina.
After the time given has elapsed without the work being done or if the boat is in danger of sinking or causing damage to other vessels they will take the measures necessary to avoid sinking or causing damage and will charge the cost to the owner or without notification obtain a writ from the port Authorities.
ARTICLE 32. ABSENCE OF CREW.
If a vessel is left without crew there is a requirement for the tenant to provide the management with information as to where the person responsible for the vessel can be found, be it captain or crew during the time of his absence , so that the rules may be complied with.
ARTICLE 33. OPERATION OF ENGINES.
Testing of engines, the use of searchlights, charging of batteries or other operations of this kind either on land or sea which causes noise or nuisance, or inconvenience to other tenants must not be undertaken before 10 am or after 8 pm or between 1 pm and 4 pm unless previously authorized by the management .
ARTICLE 34. SPEED OF NAVIGATION.
The maximum speed of vessels near the entrance or between the piers including those entering or leaving will be 3 knots (5.5 k.p.h.).
ARTICLE 35. SPILLAGE OF FUEL.
If fuel is spilt accidentally in the marina it must be immediately reported to the management which will take the measures necessary to reduce the impact on the beaches, installations or remaining tenants of the marina. The person responsible for the incident will bear all the costs of the consequences of his act.
ARTICLE 36. IN CASE OF EMERGENCY.
If a fire starts on board a vessel its master or crew will take all necessary measures to deal with it for and will immediately raise the alarm with the port management and with neighboring vessels making plain the extent of the problem.
In case the vessel sinks in the marina the laid down procedure will be followed and the management will assume the responsibilities of the port Authority. In all cases of catastrophe , accident ,or emergency which threatens to effect the vessels or waters of the marina, the management will communicate urgently with the marine authorities and adopt the appropriate measures.
ARTICLE 37. PILOTAGE.
When the use of a pilot is thought necessary, the rules will be accordance will those establish by the decree of 1018/1986 for the regulation of these services as modified in the pilotage regulations approved by the degree of 4 July of 1958.
ARTICLE 38. AVAILABLE SERVICES.
The supply of water, energy, electricity, telephone or similar services will be through the Company depending on the availability of the same and may be by the method considered best by the management.