THIS DOCUMENT HAS BEEN PREPARED IN GOOD FAITH BUT MAY CONTAIN ERRORS. AT ALL TIMES THE ORIGINAL SPANISH DOCUMENT MUST BE CONSIDERED TO BE THE DEFINITIVE VERSION AND SHALL BE REFERRED TO IN EVERY EVENT WHERE THERE IS DOUBT, DISAGREEMENT OR WHERE A LEGAL PROBLEM MAY ARISE, EITHER THEN, OR IN THE FUTURE.
SECTION I: OPERATING RULES AND CHARGES
ARTICLE 1. PURPOSE.
This rules lay down the norms for service and control for the best use and exploitation of the whole of the Marina of Aquadulce , TM de Roquetas de Mar (ALMERIA) authorized by the Council of Ministers on the 9th of March 1979 and modified by Ministerial order of 10th of November 1980 and 22nd July 1981 and resolution of the Council of Public Works and Transport of the 12th February 1987,16th of February 1989 and the 17th of February 1989 without prejudice to the general application of the rules of the marine authorities in matters concerning the competence of the authorities of the Marina and especially to the rules of the Committee of Public works and Transport of the Government of Andalucia and its provincial branch office.
ARTICLE 2. PURPOSE OF THE PORT.
The port is dedicated to providing the services needed by vessels, crews and users in accordance with the conditions in the concessionaires lease in the way laid down in these regulations by means of both material and personnel provided by the concessionaire or any others who have established contracts with him to provide particular services .
The services available are:-
1. Shelter, mooring, the supply of water, electricity and telephone .The depths are 4-5 meters on the dique, the waiting and fuel berths, 3 meters on berths of over 10 meters and 2.5 meters over the rest of the area.
2. The supply of gasoline and diesel.
3. Administration, communications, information both general and meteorological .
4. Hard standing up to 50 tones, workshops for the repair alteration and maintenance of boats and engines and storage of it on land.
5. Toilets , laundry , domestic supplies and ships chandlery.
6. Entertainment .
7. Winter storage for 350-400 vessels .
8. Hotel and Club Nautico for sports , social and cultural activities.
The marina will be available for the use of pleasure and sporting craft. Exceptionally in cases of emergency access will be granted to other vessels.
ARTICLE 3. RANGE
These rules for the regulation of activities in the public services affect:-
a.) who has any rights over any part of the estate .
b.) who may supply any type of service by arrangement with the concessionaire .
c.) who may be leaseholders or users of any lease ,thing , vessel , machinery or vehicle which is encountered within the estate .
d.) who may engage in any activity , professional, commercial or sporting within the port whether they be lease holders or not of any of the activities referred to above.
e.) whatever persons , boats , machinery or vehicles may have access to the port including occasional presence .
ARTICLE 4. TERM OF RULES.
The term of these rules extends from the moment of their approval by the Committee of Public Works of the Government of Andalucia until the termination of the concession or any ruling which requires their modification or revision .
ARTICLE 5. DIVISION OF THE PORT.
The port is divided for its best use into moorings of different types, into premises terraces and installations, thorough fares and parking areas, service areas appropriate for separate enjoyment and use.
ARTICLE 6. SURRENDERS.
The concessionaire firm is empowered to lease the use and enjoyment of any divion of the port within the limitations imposed by the laws relating to pleasure ports and their regulation and within the form presented by the present rules.
ARTICLE 7. CONDITIONS CONCERNING TRANSFER.
The owner of any right of use or enjoyment, which has been obtained by lease from the concessionary firm in accordance with the previous article, will be able to transfer this right to a third party. This will necessitate the permission of the concessionaire firm who will impose conditions and limits on the use of these transferred assets.
They can make subsequent transfers but these will carry with them all these conditions of surrender and transfers .
It will be absolutely necessary to transfer to the third party all rights and conditions including the need to pay all charges to restore or pay for the restoration of damage they have caused as laid down in these rules.
In every case the new holder of the lease will be obliged to accept the conditions applicable to the previous tenant and this acceptance will be laid out in a document lodged with the concessionaire which will include all details and dates of the transfer .
The management of the port will be able to impose limitations and conditions on any such transfer.
ARTICLE 8. RECORDING OF SURRENDERS AND TRANSFERS.
The surrender and transfer of use and enjoyment which have been caused by anything referred to in article 5 will be recorded in a register of the control and exploitation of the port as laid down by the concessionaire and where are available the dates of the old and new tenant and the conditions of surrender or transfer .