Date:
Position:
BERTHING CONTRACT
- YACHT’S DATA
NAME: / REGISTRY NBR:
LENGTH: / m²: / FLAG:
BREADTH: / PORT OF REGISTRY:
DRAFT: / INSURANCE EXP.DATE:
YACHT CATEGORY: PRIVATE □ PROFESSIONAL □ / TYPE: MOTOR □ SAILING □ CATAMARAN □
- OWNER’S / ASSOCIATION’S DATA
FULL NAME: / I.D. NBR:
ADDRESS: / PASSPORT NBR:
TOWN: P.O. / COUNTRY:
TEL.: MOB: / e-mail:
- CLIENT’S DATA : CAPTAIN □ CHARTERER □ LEGAL REPRESENTATIVE □ OTHER □
FULL NAME: / I.D. NBR:
ADDRESS: / PASSPORT NBR:
TOWN: P.O. / COUNTRY:
TEL. MOB: / e-mail:
- BERTHING’S DURATION
FROM: / TO: / PERIOD:
PREPAYMENT : / PRICELIST :
MEMBERSHIP
□ KREUZER ABTEILUNG□ CRUISING ASSOCIATION
□ TRANS-OCEAN
□ STW / □ SETUR AYVALIK
□ SETUR ANTALYA
□ SETUR CESME
□ SETUR FINIKE / □ SETUR KALAMIS-FENERBAHCE
□ SETUR KAS
□ SETUR KUSADASI
□ SETUR MARMARIS / □ SETUR YALOVA
□ ………………………………………
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The applicant......
- SERVICES OFFERED BY THE MARINA
5.1. By the present instrument, the Client requests and the Company grants him a berthing slot for the Vessel, as well as the ability to use the services and facilities provided by the Company in sea area of the Marina during a fixed term (time period) and for a fee (“Right”).
5.2. It is expressly stipulated that the obligation of the Company is limited to the provision of any suitable berthing slot as well as the possible use of the land area services by the Client depending on the current availability of the requested by the Client areas and facilities.
5.3. The Client does not acquire any right, ownership, disposition or possession over a specific berthing slot or land storage slot of the Vessel, nor is he entitled to assign its use or exploit it in any way vis-à-vis third parties, with or without pecuniary consideration. The berthing is allowed exclusively for the Vessel described in clause (1) YACHT ‘S DATA. The Client may not berth in the Vessel’s slot any other vessels under his ownership, disposition, possession or use in any manner, nor may he occupy in any way the berthing slot of the Vessel during the Vessel’s absence from the Marina. The Company reserves the right, at any time and at its sole discretion, to request the mooring of the Boat in another berth. In such case, the Client must comply within two days (2) at the latest. In case the Client does not comply with the above request, the Company is entitled to terminate the present agreement and to request the indemnification of any of its damage. The use of the same berthing slot for a long period of time does not entail the creation of a special right of use of that berth in the future. As a result, the Client undertakes the obligation to move the Boat promptly and according to the Company’s directions.
5.4. The Client is obliged to use for the mooring of the Boat the specific berth indicated each time by the Company and has no right to arbitrarily occupy with their Boat another berth within the Marina.
5.5. The Company may deny the berthing of the Vessel in the cases provided in the General Marinas Operating Regulation, the Special Operating Regulation of the Marina Mytilini and under the prevailing law and/or regulation. By using the term berthing, we mean the storage of the boat for a period or for all the duration of the contract.
- BERTHING AND ASSOCIATED SERVICES FEES
6.1. In consideration for the services rendered, the Client will pay the Company the fees determined from time to time according to the provisions of Law 2160/1993, as currently in force.
6.2. It is expressly and without reservation agreed that the Client and his legal representative is responsible and liable for the observance of the provisions of the present contract and the payment of the berthing fees and the other charges for the services, connections and facilities offered. The Client and his legal representative each acknowledges and accepts that he remains severely and wholly liable and waives the objection of division.
6.3. The Client states that he has been made fully aware, he acknowledges and he fully and unreservedly accepts the charges associated with the berthing fees and the other services (provision of electricity, water etc.) of the Marina, and undertakes to duly and timely pay to the Company the charges corresponding to each service rendered, as these are calculated and determined in the fee-determining decisions and the Special Operating Regulations of the Marina Mytilini.
6.4. The Client bears the corresponding Value-Added Tax (VAT) for the each service rendered, as well as any expenses (operating, legal and court or other) which the Company may incur by cause of the non-observance of the contractual obligations of the Client.
6.5. The fees for the berthing of the Boat are determined by the price list in force at any time Annex I.
6.6. The berthing of the Vessel in the Marina for a period of less than twenty-four (24) hours is charged with the daily rate.
6.7. It is expressly agreed that the delay in the payment of the fees (berthing and other services’) attributable to the Vessel for a period of more than two (2) months entitles the Marina to terminate the contract and, in addition to other consequences provided in the Special Operating Regulations of the Marina Mytilini and the applicable law, to consider any further stay of the Vessel within the Marina to be arbitrary, resulting in the payment by the Client of a penalty equal to one-tenth (1/10) of the current monthly berthing fee for the Vessel for each day of the Vessel’s stay in the Marina until its final removal. This penalty is accepted by the Client as being fair, reasonable and corresponding to the contractual obligations. Moreover, it is expressly acknowledges that the delay in the payment of the fees, as described above, may result, at the absolute discretion of the Company, in the prohibition of the Vessel’s departure or any other vessel under the ownership of the Client, as provided in the applicable law. In addition the Company is entitled to move away the Vessel from its area at the expense of the Client. All expenses deriving from the removal, safekeeping, mooring e.t.c. of the Boat will devolve the Client. It is expressly agreed that any overdue settlement of the Company’s invoices by the Client, whether concerning the right of berthing or additional services, provides the Company with the right to seek the issuance of an Order of Payment by virtue of the issued invoices, even if these are not received for any reason by the Client. In such case, a written out of court notification for settlement of the invoices to the Client will suffice. The notification of the above is expressly been accepted by the Client that constitutes acceptance of the services provided by the Marina to the Client. In case the Client disputes the call for settlement will have to answer within the deadline provided.
6.8. Berthing fees are payable in advance and are non refundable. If the term of this contract is longer than twenty nine (29) calendar days, the advance is payable within the initial five (5) days of berthing.
6.9. If the term of the contract is equal or less than 29 days the Berthing fees will be paid at the last day of the berthing of the Boat.
6.10. It is expressly agreed that in the case of late or improper payment of the fees for berthing or other services rendered, the Client bears the legal late-payment interest. Moreover, the Company reserves every right to further indemnification for any damage suffered by cause of the berthing of the Vessel or in relation to it.
6.11. The payment of the fees for the berthing and other services rendered is made in Euro, by means of cash, credit card or cheque issued by a bank or other credit agency recognized in Greece, payable on the same day.
6.12. The Company reserves the right to alter its price lists at any time with the only obligation to inform the Client of any such changes, in writing, one month prior to implementation of the new price lists.
- CLIENT’S OBLIGATIONS
7.1. The Client and his agents (captain, crew, passengers etc.) are exclusively responsible for the arrival, departure, securing, approach, berthing and, generally, the stay and presence of the Vessel in the area indicated by the management of the Marina and they are obliged to observe all the rules and regulations of the General Marinas Operating Regulation and the Special Operating Regulation of the Marina Mytilini, which they hereby state that they fully know and accept expressly and unconditionally.
7.2. The Client is obliged to produce to the management of the Marina, upon arrival at the Marina and upon request, all the original shipping documents of the Vessel, the Vessel’s active insurance policy (covering third party liability) as well as any other document, certificate or statement which may be asked to be examined. In addition, the Client is obliged to produce original or duly authenticated copies of any document, certificate or minutes regarding the Ship-owner and his representation in Greece, as well as other related documents or solemn statements of the representative or the agent.
7.3. The person signing this contract is deemed to be the legal representative of the Client and is personally and wholly responsible and liable towards the Company for any matter (technical, financial) concerning the Vessel’s stay in the Marina.
7.4. The Client is obliged to immediately inform the Company in writing of any transfer of the Vessel as well as any change of the contact and representation details of the Client mentioned above. All written communications of the Company to the Client will be lawfully transmitted to the address stated by the Client, if no prior notification of the Marina concerning any change of address has not been made by the Client, and the Client hereby waives any right to challenge such transmission.
7.5. The Client is obliged to move the Vessel immediately following the instructions of the Company, in accordance with the provisions of the Special Operating Regulation of the Marina Mytilini.
In case of total or partial sinking or of imminent danger of sinking or damage of the Vessel within the Marina, the Client hereby grants the irrevocable right to the Company to move, with the Company’s means and at the Client’s expense, the Vessel to an appropriate area of the Company’s choice, within or outside the Marina. It goes without saying that the provisions of the Law on shipwrecks is otherwise applicable.
7.6. The Client is obliged to take care of the safe-keeping of any machinery, parts or materials (like small outboards, oars etc.) in the Boat and not to leave them exposed on the Boat or other areas of the Marina. The Company has no responsibility for the safety of the Boat and any of its components or supplements.
7.7. In case the Boat sails from the Marina, the Client is obliged to inform the Marina regarding the period of the Boat’s absence. In case of change of the Boat’s day of return, the Client is obliged to inform the Company of the issue at least two (2) days before the expected arrival of the Boat.
7.8. The Client is obliged to comply with/ abide by the international rules for safe navigation during manoeuvres, departure and arrival of the Boat at the Marina and to take care of the safe mooring of the Boat in the position indicated by the Company. The Company reserves the right to proceed to periodic examinations concerning the safe mooring of the Boat and in case that a defective mooring is ascertained, to re–establish the safe mooring of the Boat at Client’s expenses.
7.9. The Client is obliged to inform directly the Company about every change concerning the Boat, as for instance, change of ownership of the Boat, additions and alterations to the Boat that result in a change of Boat details as indicated in the present, change of insurance cover of the Boat, change of representative and his data etc.
7.10. During the initial or extended term of the present, the Client is obliged to maintain the Boat insured at least against the danger of instigation of pollution and the danger of instigation of damages in the installations of the Marina according to international and domestic regulations. Moreover, during the initial or extended term of the present, the Client is obliged to insure the civil liability of themselves and their employees for the damages against third parties that might be caused by them during the mooring of the Boat in the Marina.
7.11. In case that the present is not signed by the owner of the Boat but by his representative or another possessor of the Boat by virtue of any contractual relation, this person is responsible in whole along with the Boat owner as principle debtor, hereby explicitly waiving the objections of division and discussion, for the compliance with all obligations arising from the present, the General Regulation for Operation of Marinas as well as the Special Regulation for Operation of the Marina, as in force at any given time.
7.12. The Client is prohibited from undertaking repair or maintenance works on the Boat without the Company’s permission.
- EXPIRY, TERMINATION, EXTENSION OF THE CONTRACT
8.1. This contract expires automatically upon the completion of the term provided in clause (5) duration.
8.2. The Company, at its reasonable discretion, may terminate this contract in the case where the Client does not produce any document requested in accordance with the above clause (8.2) within five (5) working days.
8.3. The Company may terminate this contract at any time in any case of violation of any provision of this contract, the General Marinas Operating Regulation and the Special Operating Regulation of the Mytilene Marina, as in force at the time.
8.4. This contract may be terminated by the Client only in writing and in accordance with the legislation on leasing. This termination comes into effect only upon its service to the Company and provided that the Client has fully paid up all his debts towards the Company.
8.5. The Client is obliged to notify the Company in writing and at least thirty (3) days before the expiry of the term of this contract of his intent to extend the berthing of the Vessel in the Marina. In any case, the Company fully reserves all rights concerning the acceptance or refusal of the said extension request.
8.6. It is expressly agreed that the stay of the Vessel within the Marina after the expiry of the term of this Contract or its termination by the Company is prohibited and deemed arbitrary, resulting in the Client being subject to the penalties provided in the General Marinas Operating Regulation and the Special Operating Regulation of Marina Mytilini. It is expressly stipulated that the possible stay of the Vessel within the Marina beyond the expiry of the term of this contract shall in no case be deemed a tacit renewal or extension of this contract.
8.7. In the case of termination of this contract or of expiry of its term without the Vessel being removed from the Marina for any reason, the Client is obliged to pay berthing or other applicable fees according to the price list in force at the time, until the definitive removal of the Vessel from the Marina. Further compensation or indemnification of the Company because of the stay of the Vessel in the Marina is not excluded.
- APPLICABLE LAW AND JURISDICTION
9.1. Any dispute between the parties concerning the interpretation or implementation of this contract shall be resolved in accordance with Greek Law exclusively by the Courts of Mytilini.
- OTHER TERMS AND LIMITATION OF LIABILITY
10.1. The provision of a berthing slot by the Company concerns exclusively the berthing of the particular Vessel
described above, provided that the Vessel remains under the ownership of the same aforementioned Client.
10.2. The Company is not obliged to remind the Client to pay the agreed berthing and other services’ fees, which are payable on due dates.
10.3. The present contract contains the full and sole agreement between the Company and the Client concerning the berthing of the Vessel in the Marina and supersedes any prior written or verbal agreement or communication with the Company or its predecessors. The Company reserves the right to amend the provisions of this contract in accordance with the applicable law. The non-enforcement or partial enforcement by the company of any of its rights under this contractual relationship with the Client may not be deemed a waiver of such right and shall not preclude its exercise in the future.
10.4. The Company may assign its rights and claims under this contract to any bank and / or other banking institutions and / or factoring enterprises by means of a factoring agreement.
10.5. For purposes of implementation of its agreements with its counterparts, the Company maintains and processes a database with their personal data. The Client has the rights of information and objection, as provided under the personal data protection legislation.
10.6. All the provisions of this contract are deemed substantial and their violation constitutes substantial grounds for the termination of this contract.
10.7. It is expressly agreed that the Company does not bear any liability for any bodily injury of the Client or any of his agents, his crew members, the passengers and the visitors of the Vessel, nor for any damage, injury or loss of the Vessel itself, its parts and contents or the property of the aforementioned persons on the Vessel and in any part (land or sea) of the Marina, including cars or other vehicles, for any reason other than malicious intent. The Client is exclusively liable for the above.
10.8. It is expressly agreed that the Client is liable for any damage caused to another vessel of the Marina installations during the Vessel’s arrival to, stay in and departure from the Marina.
10.9. The Client states and warrants that all the details and documents of the Vessel and himself which are mentioned and appended in this Contract, are true, valid and in force.
10.10. The customer agrees unconditionally, accepts and undertakes to comply with the terms and conditions that