Regulations and Conditions of Berthing at the Portomaso Marina

Vessels berthing and using the facilities of this yachting centre shall do so in accordance with the provisions of this Agreement.

1. DEFINITIONS

1.1 “Company” shall mean Spinola Development Co Ltd, its servants or agents to whom the application for berthing is made or any company nominated by it.

1.2 “Harbour” shall include a Yacht harbour, pontoons, moorings or any other facility at the Portomaso Yacht Marina.

1.3 “Marina” shall include the marina proper and all grounds, buildings, outbuildings, harbours and other property belonging to the Company and shall include the Portomaso Yacht facilities.

1.4 “Owner” shall include a charterer, master or agent or other person for the time being lawfully in control of any Craft within the Marina.

1.5 “User” shall include Owners and all other persons within the Marina.

1.6 “Vessel” shall mean the motor or sailing yacht referred to in the application form and any other waterborne platform within the Marina including ribs, dinghies, jetskis, windsurfers etc.

1.7 “Facilities” means any buoys, mooring, wharves, jetties, piers, pontoons, slipways, pumps, walkways, boats and any fittings or appurtenances connected therewith and any property movable or immovable provided at the Marina.

1.8 “Serviced quay” means a quay where water, electricity and related services are available.

1.9 “Yacht” means a registered sea-going vessel used solely for pleasure and accepted as such by the Executive Director responsible for Yachting centres of the Malta Maritime Authority.

2. TERMS OF THE AGREEMENT

The Agreement is automatically renewed for another term, unless either of the parties gives written notice to the other party of its intention to terminate the agreement upon its expiry.

2.1 If in the opinion of the Company, the Owner is not complying with any of the terms of this Agreement or with any of the Regulations hereunder or, if in the opinion of the Company there exists any other cause which, within its absolute discretion, the Company warrants to be reason enough for the termination, the Company reserves the right to terminate immediately this Agreement at any time.

2.2 In the event that the cause of termination by the Company is a breach on the part of the Owner of any of the Rules and Regulations of this Agreement, or is related to any act or omission on the part of Owner, the Owner shall not be entitled to any reimbursement of any fees in respect of any pre-paid period. If on the other hand, the cause of termination by the Company, is not a breach on the part of the Owner of any of the Rules or Regulations of this Agreement, the Owner shall not be entitled to any compensation other than to any fees paid in advance in respect of any unutilized period, which reimbursement, the Owner hereby accepts, shall be in full and final settlement of all his pretended rights.

2.3 This Agreement is exclusive to the Vessel and is not transferable without written consent from the Company, such consent to be within the absolute discretion of the Company. Failure to obtain the prior written approval of the Company will amount to a termination of this Agreement, without the prior right of reimbursement of fees of any pre-paid period.

2.4 Should the Owner not wish to use the allocated space for any period, then the owner shall give notice in writing to the Company, who may enter into an agreement with third parties for the rental of the same space. No refunds will be paid to the Owner in this case.

2.5 The person signing as, or for and on behalf of the Owner, warrants that he is authorised to enter into this Agreement, and for all intents and purposes, assumes personal responsibility jointly and severally with the Owner, towards the proper and due fulfillment of all the obligations of the Owner in the Rules and Regulations of this Agreement, and such other Regulations as may be applicable from time to time.

2.6 Vessels berthing and using the facilities of this yachting centre shall do so in accordance with the provisions of this Agreement.

3. OWNERS AND USERS RESPONSIBILITIES

3.1 In circumstances where there is more than one person who may be considered to be the Owner then all liabilities and obligations attaching by nature of this Agreement or by process of law shall be joint and several between such persons.

4. REGULATIONS ON USE OF THE MARINA AND DUTIES OF OWNERS AND USERS

4.1 Except with the written consent of the Company, such consent to be within the absolute discretion of the Company, no part or parts of the Marina shall be used by the Owner, his crew, servants or otherwise by the Vessel for commercial purposes. Prohibited commercial purposes shall include hiring, embarkation or disembarkation of charter parties, sale or demonstration or hire of the vessel.

4.2 Except with the written consent of the Company, such consent to be within the absolute discretion of the Company, no work shall be done to the vessel whilst in the Marina other than minor running repairs or minor ordinary maintenance carried out by the Owner or crew. Should any activity be considered by the Company in its absolute discretion, to be a nuisance or annoyance then work started, must be stopped immediately.

4.3 In accordance with Legal Notice 278 (EU Directive 2000/59/EC) on Port Reception Facilities for Ship-Generated Wastes, garbage must be placed in the appropriate skips provided by the company. See attached layout for location of skips. The Company reserves the right to charge the Owner for cleaning up garbage left on the quay side or dumped into the water.

4.4 It is prohibited to discharge black (toilet) and grey (kitchen) waters overboard whilst the vessel is moored inside the marina. Ample toilet facilities are provided for the exclusive use by the Owners. See attached layout for location of toilets and showers.

4.5 It is prohibited to discharge overboard, offload or transfer any type of fuel, lubricant or other non-biodegradable material, including oily bilge water, detergents or soaps. Vessels without engine oil trays must switch-off their bilge pumps. In accordance with Legal Notice 278 (EU Directive 2000/59/EC) on Port Reception Facilities for Ship-Generated Wastes, a waste oil receptacle is provided for emergency use only. Contact the marina office for help and directions.

4.6 Repairs to the vessels moored inside the marina are prohibited, especially engine maintenance, repainting, sanding, varnish, welding, wood working, bottom scrubbing etc. without the specific consent of the management. This type of maintenance must be carried out in an approved boat yard. Oily rags, paint cans, thinners, etc are considered as hazardous waste and must not be disposed in the skips. Contact the marina office for help and directions.

4.7 No noisy, noxious or objectionable engines, radio or other apparatus or machinery shall be operated within the Harbour and/or car park so as to cause nuisance or annoyance to the Company, to any other Users of the Marina or its neighbours. The Owner hereby undertakes to be responsible for all persons visiting the vessel and the Owner.

4.8 No items of gear, fittings, equipment, supplies or stores or the like shall be left upon the pontoons, jetties or in the car parks. Dinghies, tenders and rafts shall be stowed aboard the vessel.

4.9 Vessels are, at all times subject to the speed restrictions implemented by the harbour, navigation or other authorities or otherwise by the company. Vessel’s entry to and exit from the Marina are to be navigated at a speed established by the Company and not to endanger or inconvenience other vessels and marina users.

4.10 The vessel shall be berthed or moored in such a manner and position as the company in its absolute discretion, shall require. Unless otherwise agreed all necessary warps and fenders shall be provided by the Owner.

4.11 The Owner shall be responsible to ensure that the yacht is safely moored in a proper manner and in such a manner as not to cause any damage to the Marina and its facilities, or any other vessel or other property within the Marina at all times when berthed or moored at the Marina.

4.12 No yacht shall be moved from one berth to another within the Marina without the prior authorisation of the company.

4.13 Halyards shall be secured so as not to cause nuisance or annoyance.

4.14 The vessel shall be kept in good order and in sufficient repair.

4.15 The vessel shall be maintained in good and clean condition.

4.16 Advance warning should be given to the dockmaster prior to the vessel departure from the Marina. At the time of giving such warning the Dockmaster should also be provided with the anticipated time and date of return. Failure to give such information may result in a berth not being available for the vessel on its return, provided that the time and date of return is in excess of 24 hours from the vessel’s departure.

4.17 In the latter event, the Company reserves the right to allocate the berth to other vessels for the duration of the resident vessel’s absence as long as this berth is vacated upon the return of the resident vessel and provided that the re-entry of the resident vessel is notified to the operator at least six hours in advance.

4.18 The owner shall take all necessary precautions against the outbreak of fire UPON THE VESSEL. Without prejudice to the said obligation of the Owner the Vessel must have at least one fire extinguisher of an approved or GSI standard type, size and installation for immediate use in case of fire. The extinguishers are to be regularly maintained and in good working order at all times.

4.19 The Owner shall indemnify the Company, and shall hold it harmless in respect of any claim for loss, damages, salvage, death, injury and any third party claims that may be made against the Company as a result of any act or omission on the part of the Owner, his crew, or servants, and any other person, who is engaged by the Owner directly or indirectly, as well as any other persons who may use the Vessel.

4.20 The Owner moreover obliges himself to keep the Vessel and its contents adequately insured to their full value at all times. He shall moreover obtain with responsible insurers, a third party liability cover on current market terms and conditions up to a minimum limit of €1,000,000 per event. The Owner shall ensure that throughout the duration of this Agreement and such other time as the Vessel is at the Marina, that the said policies shall be in the joint names of the Owner and the Company for their respective rights and interests. In the event of a claim, the policy shall, and this without prejudice to any other rights and remedies of the Company, be endorsed as a whole with a waiver of subrogation in favour of the Company and for any Marina Operator nominated by the Company and/or the Tumas Group of Companies and for the Hilton Malta and for their directors, agents, contractors and subcontractors and employees, as may be directed by the Company.

4.21 Marina trolleys must be returned to their storage area after use.

4.22 Owners may not park cars or other vehicles on the marina grounds and quay. Temporary parking of vehicles used by the owners for delivery of goods shall be as directed by marina management.

4.23 Any sort of fishing inside the marina is prohibited.

5. UTILITIES

Preamble: The Company is not responsible for the continuity or fluctuations in the provision of public services, such as electrical power and water. The Company, in the same way, is not responsible for any damages to the vessels or their equipment caused by:

1. High or low water pressure

2. Blackouts or voltage fluctuations

3. Any other fault or deficiency in the services

5.1 Electricity

5.1.1 Electricity is supplied for the use of the Vessel alone and must not be shared with any other Owner, User or Craft.

5.1.2 Connection and re-connection will only be carried out within Portomaso Marina office hours.

5.2 Water

5.2.1 Water consumption is to be metered and the owner will be charged at the prevailing rate charged by the company, from time to time. Non-payment will result in the supply being terminated and a reconnection fee may be levied.

5.2.2 Connection and re-connection will only be carried out within Portomaso Marina office hours.

6. RIGHTS OF THE COMPANY TO MOOR, RE-BERTH, MOVE, BOARD, ENTER AND CARRY OUT WORK ON THE VESSEL.

6.1 For the safety or convenience of the Marina, craft, other Users and Owners the Company shall have an absolute right to moor, re-berth, move, board, enter and carry out work on the Vessel. The Owner shall pay on demand the Company’s reasonable charges for mooring, re-berthing, moving, boarding, entering and carrying out work on the Vessel.

7. THE COMPANY’S LIEN

7.1 The Company has the right to exercise a general lien upon any craft and/or her gear and equipment whilst in or upon its premises or in the Harbour until such time as any money due to the Company, shall be paid.

8. DISCLAIMERS

8.1 Nothing in this agreement shall create the relationship of landlord and tenant.

8.2 All Owners and Users use the Marina at their own risk. The Company takes no responsibility for loss or damage to the Vessel, belongings, vehicles or personal property on or in the Marina.

8.3 The Owner of the Vessel shall, jointly and severally, with the Master or user thereof, at all times be responsible for the safety of the Vessel, and shall be liable for any damage caused by the Vessel or its tender, or otherwise as a result of any act or omission of the Owner, the Master or user of the Vessel, the crew or servants of such Owner, to the Marina or its facilities, or to any other vessel, contents thereof, or other property on or with Marina, or for any bodily harm, injury or death to any person.

8.4 No guarantee is given nor responsibility accepted for the suitability of any berth, gear or other facilities provided and for any loss or damage caused by any vessel or its tender or the Owner’s negligence in any way to any other vessel in the Marina and/or any other property belonging to third parties and /or for bodily or personal injury to any person including third parties.

8.5 Where the Company is unable to perform any of its obligations by virtue of fire, flood, storm, explosion, riot, terrorism, malicious damage and any other act, omission or state of affairs beyond the Control of the Company, the Company shall be relieved of all such obligations and the Owner and/or Users shall not be entitled to compensation or damages for the Company’s failure to or delay in performing same.

8.6 The Company makes no assurances as to the suitability of the Vessel to accept the supply of electricity. It is the responsibility of the Owner to assess the Vessel’s suitability for connection to the electrical supply. The Company does not accept any responsibility for any loss or damage arising out of the supply of electricity.

8.7 No person shall deposit on the quay any craft, stores, supplies or other material, or in any way obstruct the quay or its approaches:

8.7.1 Provided that the company may, in its discretion, allow such craft, stores and supplies to yachts be kept on a quay for a limited period of time subject to the payment of a fee to be fixed by the company for crafts so authorised to be kept on a quay;

8.7.2 Provided further that if the Master or Owner of any craft that is deposited on the quay without the authority of the company fails to remove any such craft or other object within a time considered reasonable by the company, the company may remove it at the Owner’s/Master’s risk and expense.

9. GENERAL PROVISIONS

9.1 Tenders may be left in the water or pulled ashore but only in such manner as the company, at its discretion may direct.

9.2 Any craft or other object which may sink at the yachting centre shall be removed by the owner at its sole expense.

9.2.1 Provided that if the owner fails to remove any such craft or other object within a time considered reasonable by the company, the company may remove it at the owner’s risk and expense.

9.3 Unless with the permission of the company, or for the purpose of entering or leaving the yachting centre, no auxiliary or main engine may be used except between 0800 hours and 2000 hours. No generators are to be operated at any time.

9.3.1 Provided that the company may, in its discretion, prohibit in any particular case the use of any such engine at any time for any purpose whatsoever.

9.4 Notwithstanding the provisions of regulation 3 of the Speed Boats and Water Skiing Regulations, 1985, no person shall cause or permit any craft to proceed at a speed in excess of three knots within the yachting centre.

9.5 Owners of yachts in respect of which any fees, charges or rates are due shall notify the company of their intention to leave the yachting centre not later than 24 hours before the estimated time of departure.

9.5.1 Provided that such notice shall not be deemed to have satisfied the provisions of any other law or regulation relating to the clearance outwards of vessels.

9.6 The Owner acknowledges and accepts all responsibilities related to Berthing at the Marina. The Owner moreover accepts that the Company shall under no circumstances be liable in respect of any loss of, or damage to, or theft of the Vessel, or any of its contents, furniture, equipment, stores, or machinery, howsoever so caused and whether caused by any act or omission, including any negligence, on the part of the Company, its operators, employees or servants.

9.7 Berthing or mooring space in the Marina may be reserved by the company for any yacht at the request of its owner and upon the payment of a booking fee equivalent to one week’s berthing fees. Such a fee shall not be reimbursed under any circumstances.

9.7.1 Where any such space is not taken up by the yacht for which it was reserved on the date from which the reservation was to take effect, the company may re-allocate it to other yachts.

9.8 The yacht shall not remain at anchor in mid-stream within the Yachting Centre or the Fairway.

9.9 Yachts shall at all times be under the charge of the owner or of any other person or persons duly authorised to assume full responsibility for the yacht:

9.9.1 Provided that the owner, of any yacht shall submit to the company the name and address in Malta of the person or persons authorised to take charge of the yacht before charge is taken by any such person and persons.

10. DISPUTE SETTLEMENT

10.1 The construction, validity and performance of this Agreement shall be governed in all respects by Maltese Law.

10.2 All disputes arising in any way out of this Agreement, shall be referred exclusively to arbitration in Malta under the rules of arbitration of the Maltese Arbitration Centre, before a single arbitrator, whose decision shall be final, save as hereinafter provided. In the event that the Company would be unable to enforce effectively such an arbitration award against the Owner, the Company shall be entitled to refer any such dispute to such Courts as would have jurisdiction to hear and determine the dispute.

11. NOTICES

11.1 Any notice to the Owner shall be deemed to have been properly served when sent, by first class or registered post, to the address supplied by the Owner, provided that if the Owner’s vessel is in the Marina, such notice is served on the vessel.

11.2 Any notice to the Company shall be prepaid registered post addressed to the Company at its registered office.

QUICK REVIEW OF REGULATIONS

• Maximum speed inside Marina is 3 Knots
• Place garbage in the skips provided
• Do not discharge black or grey waters inside the marina – Use offshore facilities
• Switch off automatic bilge pumps if your vessel is not equipped with an engine oil tray
• Do not perform on-board repairs and maintenance inside the marina without prior authorisation
• No refuelling of vessels or tenders should be performed inside the marina
• Do not leave items of gear, equipment or supplies on the quays
• Do not operate generators and other items of noisy machinery unnecessarily

USEFUL TELEPHONE NUMBERS

(These telephone numbers are listed for assistance purposes.  They might change from time to time.  We take no responsibility if these numbers are not updated)

• Portomaso Marina: 2138 7803
• Emergency: 112
• Ambulance: 196
• Police: +356 2122 4001-7, +356 2122 1111
• Traffic Accident: +356 2132 0202
• A.F.M. Helicopter Rescue:+356 2124 4371, +356 2182 4212, +356 2182 4214
• A.F.M. Patrol Boat Rescue: +356 2123 8797, +356 2122 5040
• Fire Brigade: 112
• Hospital Gozo: +356 2156 1600
• Hospital Malta Mater Dei: +356 2545 0000
• St. James Hospital Malta: +356 2133 5235
• St. James Hospital Gozo: +356 2156 4781
• Overseas Operator: 1152
• Passport Office – Gozo: +356 2156 0770
• Passport Office – Malta: +356 2122 2286
• Emergency Vet Services: +356 5004 3888