Base Nautica Flavio Gioia S.p.A.

General Agreement Conditions

art. 1) Any and all work and services supplied by Base Nautica Flavio Gioia, S.p.A. will be regulated by this General Agreement except for any other possible condition added to this contract.

Persons and places covered by this contract include: a) BNFG (Base Nautica Flavio Gioia, S.p.A.); b) Applicant or Signatory (person who signs this contract with BNFG); c) vessel (pleasure craft, boat, and/or any type of craft, pleasure or commercial); d) mooring location (the area where the vessel is located when in the water); e) dry dock (the area on land or in the storage racks where the vessel is located when not in the water); f) Main Office (the main administration of the Marina and Yacht yard.) g) overall length of the vessel (LOA): the actual overall length of the vessel despite the length indicated in the vessel’s licence or other documentation.

 

art. 2) The Applicant or Signatory requesting services from BNFG and having been assured of same, must, at the time of signing the contract and/or requesting services, supply BNFG with personal identification, as well as the vessel’s documentation which will include ownership and nationality of the vessel.

By signing this contract, the Applicant or Signatory:

  1. A) guarantees to BNFG, and absolves it from any and all liabilities, that the vessel for which services are requested a) is immediately available for services requested, b) is in excellent seaworthy condition; c) has all the required documents which are current; d) carries all the required equipment to comply with marine regulations; e) is fully qualified and in compliance with the regulations of the Maritime Authority; f) has third party insurance;
  2. B) guarantees to BNFG (if not the owner of the vessel) that he/she is authorised to sign the contract and by doing so accepts all general and specific contract conditions on behalf of the owner or leasing company;
  3. C) is legally bound: a) to accept BNFG stated fees; b) to eliminate BNFG from any possible compensation expected by any insurance company concerning the vessel (e.g. Theft, fire, third party liability, etc.); c) while in dry dock to insure that his/her own insurance company is waiving any compensation; d) to comply with the check-in/check-out procedures at time of arrival and departure; e) to communicate the details and identity of the vessel’s crew and/or any guests; f) to permit verification of identity for legal or statistical purposes as specified by law.
  4. D) furthermore, (if not the owner of the vessel) commits to: a) informing immediately the owner and/or leasing company of the signing of the contract; b) being personally responsible (with no exception/exclusion/reduced responsibility for the owner and/or leasing company) for all obligations derived from these General Agreement Conditions, from the specific contract conditions and in particular for the fees due to BNFG for the services supplied.

 

art. 3) BNFG does not accept custody of the vessel, its equipment, or its accessories while the vessel is moored in the water, located on the docks or in dry dock regardless of whether the owner, crew or any other authorized individual is on board.

 

art. 4) In the event that the Applicant or Signatory delivers to the Main Office and/or the Marina Staff a copy of the keys to the vessel, this action will be considered solely as a courtesy without any onus of liability on the Main Office. This action will not be considered as taking delivery and/or custody of the vessel.

 

art. 5) The Applicant or Signatory is informed that BNFG, in accepting the vessel whether at a mooring in the water or in dry dock, is exclusively bound: 1) to permit the vessel to moor in the water, or to be placed in dry dock on its premises; 2) to provide 24 hour security surveillance of its mooring and dry dock facilities; 3) to maintain cleanliness of the docks and parking spaces and collect ordinary waste from the docks; 4) to provide assistance (if requested) during vessel manoeuvring without onus of any liability on BNFG; 5) to provide meteorological information without onus of any liability on BNFG.

All other services including water and electricity, special waste removal, etc., must be specified and mutually accepted by the Applicant or Signatory and BNFG.

 

art. 6) In the event of default on formal and timely cancellation, the contract will be considered renewed for the same period. Cancellation of any contract by the Applicant or Signatory must be communicated in writing: a) at least 90 days before the expiration date on contracts of 6 months or longer; b) at least 30 days before the expiration date on contracts of 2 months or longer and less than 6 months; c) at least 7 days before the expiration date on contracts of less than two months and no more than 15 days validity.

 

Upon expiration of the mooring or dry dock contract, the vessel must vacate the Marina. Failure to do so will result in the removal by BNFG of the vessel at the Signatory‘s expense and the imposition for the entire period not regulated by the contract of a fine equivalent to the summer daily mooring fee.

 

art. 7) BNFG reserves the right to cancel any contract at any time with 15 days’ notice to the Signatory and without assuming any reimbursement obligation.

In the event that the vessel does not leave the Marina upon expiration of the notice date, BNFG may remove the vessel at the Signatory‘s expense, and charge the daily summer mooring fee for each extra day of permanence.

The obligation to serve notice of cancellation of contract to the Signatory will be waived if the cancellation occurs due to reasons of safety at the Marina or the Yacht Yard, or if there are other circumstances outside of the normal control of BNFG.

 

art. 8) Water and electricity supply must be authorized and agreed in advance with the Main Office according to the terms and safety conditions in effect. Any abuse will cause the immediate cessation of any supply with no prior notice and with consequences to the Signatory based on communications with the Authority having jurisdiction over same.

Electric energy supply is accepted at the Signatory‘s risk and it is his/her sole responsibility to ensure that all safety rules and regulations are observed. BNFG assumes no liability. All electric energy is limited and reserved exclusively for recharging the vessel’s batteries, or for use with household appliances bearing a “CE” label.

Water and electric energy fees are calculated based on BNFG rates.

For vessels with an overall length of 23m. or over, fees must be pre-emptively agreed with the Main Office.

 

art. 9) The Marina Staff will allocate moorings and/or placement of the vessel in dry dock, and ensure compliance with the Marina regulations.

 

art. 10) Vessels may not take over or exchange mooring locations even if temporarily without the express permission of the Main Office.

 

art. 11) In order for the Marina to function smoothly, a vessel leaving the Marina must notify the Main Office 48 hours prior to leaving and state the expected return date.

A vessel leaving the Marina, even if for less than 24 hours, must declare its departure time and expected return time.

While the vessel is out of the Marina, its mooring location shall be at the disposal of BNFG.

Every arrival at the Marina must be communicated on VHF Channel 9 to the Main Office.

 

art. 12) In the event that the Applicant or Signatory intends to substitute the vessel moored and/or on dry dock, he must notify the Main Office in advance. BNFG has the incontrovertible authority to permit or deny the continuity of the contract, and/or to modify it.

 

art. 13) The Signatory bears all responsibility to inform the Main Office of any changes pertaining the ownership, possession and access to the vessel including all persons who may be responsible for the vessel, use or board the vessel while in the Marina. BNFG has the incontrovertible authority to permit or deny the continuity of the contract.

If such information is not notified (signed and accepted by BNFG) the responsibilities, obligations and duties accepted at the time the contract was signed will continue to apply.

 

art. 14) The fees agreed upon and assessed for services must be paid for the duration of the contract, even if the vessel is not, for some reason or motive, in the BNFG Marina, or if the vessel leaves the Marina (even if temporarily), or is in dry dock in the BNFG Yacht Yard for repair.

 

art. 15) Service fees are calculated based on the actual overall length of the vessel, despite the length indicated on the vessel’s licence or other documentation.

Supplies and services must be paid in advance.

If a mooring or dry dock space is reserved in advance, the following shall be due: a) contracts for periods of up to six months: the full agreed amount; b) contracts for periods of over six months: 50% of the agreed amount.

The reservation will be valid only after the above mentioned payments have been made (at the Main Office or via bank transfer with fixed date), and accepted by BNFG.

The amount paid at the time the reservation is made cannot be refunded under any circumstance, except for reasons imputable to BNFG.

The payment terms specified in the contracts are final and peremptory in the interest of BNFG.

If the contracts allow for payments to be settled on specific dates, failure to pay within 3 days from each specific date will cause all payments to automatically become due, without BNFG having to notify formally the Signatory.

Even when the contracts allow for payments to be settled on specific dates, if the vessel leaves the dock or the dry dock location before the agreed date, the entire amount agreed becomes due. In these cases, payment of the entire balance must be made before the vessel leaves the dock and/or the dry dock location.

In case of default, BNFG has the right to hold the vessel, its equipment and accessories until payment has been made.

Furthermore, in these cases BNFG reserves the right to move the vessel to a dry dock location.

 

art. 16) BNFG has the sole right to change the allocated mooring or dry dock space at its exclusive and incontrovertible discretion without objection by the Signatory.

 

art. 17) Each Signatory is liable for the safety of his vessel.

The vessel must be moored by the Signatory, in the space allotted by the Main Office, using his/her own lines, rigging, and fenders in sufficient size and number to protect any other mooring structure or third party.

The Applicant or Signatory is always responsible for any manoeuvring during the mooring process even if Marina staff have been requested for assistance.

The Applicant or Signatory must moor the vessel perfectly to protect against any possible emergency situation and he/she is bound to maintain a check and control constantly: a) that there is no loss of fuel; b) that electric facilities are working and are properly maintained; c) that on board fire extinguishers are in full working order; d) that compartments with liquid gas cylinders are properly vented; e) that automatic bilge pumps are fitted and will function properly if needed; f) that the lines used for tying up the boat to the dock are in good condition and secure enough for the duration of the contracted period of stay.

 

art. 18) The Signatory is required to communicate immediately to BNFG any condition of/or damage to the vessel which would compromise the seaworthiness of the vessel and/or pose a hazard to the Marina..

 

art. 19) BNFG is expressly free from any liability for any type of inefficiency or damage beyond one’s control such as natural disasters, Authorities’ interventions, or any events attributable to third party or the Signatory‘s actions or omissions..

In addition, BNFG is not liable: a) for any damage to the vessel, whatever the cause; b) for fire to the vessel, whatever the cause; c) for theft of the vessel; d) for damages caused by fire or theft of: vessel furnishings, objects/materials left on board, equipment and accessories (nothing excluded).

Mooring and dry dock of the vessel are at the Signatory‘s risk and danger.

 

art. 20) Motor vehicles, land vehicles whatever named, parked and/or stopped within the property of BNFG are not the custody of BNFG.

Admittance inside the Marina/Yacht Yard area of any vehicle whatever named is allowed only subject to the agreement of the Main Office, and in any case may not cause excessive noise, excessive smoke emissions which are incompatible with public health and safety. Vehicles must proceed at ‘walking pace’ while on BNFG property.

Authorization for parking is dependent on availability of space in designated areas and on condition that there is an absolute prohibition of sound alarms and theft systems.

Vehicle parking must be in accordance with the safety regulations of the Marina and the BNFG staff so as to allow for the free movement of first aid vehicles.

Any violation of these rules will authorize BNFG to remove the vehicle to an authorized depot with all charges to the violator.

The Applicant or Signatory is informed that permission for parking in any arranged area can be temporarily suspended or withdrawn during sporting events or causes beyond one’s control.

 

art. 21) The Applicant or Signatory wishing to contract for work on his/her vessel, equipment or accessories must submit a written request to the Main Office.

It is expressly forbidden to allow outside contractors not authorized by the Main Office to enter the Yacht Yard for the purpose of working on the vessel.

Any violation of this article can be cause for the immediate cancellation of the contract with damages assumed by the Signatory.

Should BNFG authorise work from external contractors at the Signatory’s request, BNFG will not be liable and all work will be carried out at the Signatory’s own risk and peril.

Furthermore, the Signatory will be responsible for any environmental damage as well as damage suffered by persons or property; BNFG will not be held responsible.

 

art. 22) For any work ordered and/or performed by BNFG, the Signatory must request a test and/or proof of work executed before the vessel’s departure. If such test is not requested, the work will be considered acceptable.

The guarantee for any work carried out or subcontracted by BNFG must be agreed beforehand ad hoc with BNFG, if no agreement is made BNFG will guarantee exclusively against third party rights on the material supplied.

 

art. 23) Access to any vessel on land (in dry dock) on which BNFG is in charge of carrying out repair work, must be agreed and authorised by BNFG and will only be granted if wearing all necessary individual protective equipment as required by Legislative Decree 81/08 and subsequent amendments. BNFG is not responsible for the efficiency of the individual protective equipment, as such responsibility lies with the owner/captain of the vessel.

Access to the vessel on land (in dry dock) is granted at the visitor’s risk and peril; BNFG is not liable for any damage to vessels, persons and/or property.

 

art. 24) In accordance with the Occupational Safety and Health Legislation (Legislative Decree 81/08 and subsequent modifications) DIY work, with or without the help of family members and/or employees, is forbidden on moored vessels.

Any violations to this rule will cause the immediate cancellation of the contract with damages assumed by the Signatory.

 

art. 25) Anything not expressly included in this General Agreement will be assumed to be covered in the BNFG Regulations, and be in compliance with the Maritime Authority which, delivered to the Signatory together with the signed contract is considered to be an integral and inseparable part.

By signing the contract, the User declares to have read, understood and unconditionally accepted BNFG Code of Ethics and Emergency Evacuation plans.

 

art. 26) Should BNFG not exercise any of the rights granted in these General Agreement Conditions, and or in the specific stipulated contracts, this will not infer that it has waived such rights and/or that it will not exercise them in the future.

 

art. 27) Any disputes will be adjudicated in the territorial court of Rome.

 

art. 28) In accordance with DTL n. 196/2003, any identification information in BNFG’s property is used only for administrative-book-keeping procedures to track any requested and supplied services, promotions concerning the Marina, and for control by the State Police seeking compliance with the Naval Code.

The Signatory has the right to request which identification information is in BNFG’s property and to which use such information is being directed. The Signatory is required to keep the BNFG informed of any changes or cancellation of such information, and also has the right to ask for the information to be blocked and/or rejected if the information does not comply with the Law.

The liability for protection of all identification information is borne by the BNFG Administrative Authority.

 

With reference to the above General Agreement Conditions, in accordance with art. 1341, 2°comma, and art. 1342 of the Civil Code , I accept the provisions of the following articles: 1 (Definitions), 2 (Signatory’s Duties and Bounds – Signatory’s Declarations), 3 (Vessel Custody and Control Exclusion), 4 (Keys and/or Documentation Acceptance Without Duty of Care or Responsibilities), 5 (BNFG Duties), 6 (Written Notice – Terms – Renewal – Removal – Penalties), 7 (BNFG Early Withdraw Option – Waive of notice period in the event of an act of nature or for the safety of the docking), 8 (Electricity and Water Supply Conditions – Specific rules for vessels with an overall length of 23m. or over), 9 (Mooring and/or Dry Dock Location Assignment), 10 (Contract Transfer), 11 (Vessel Departure From The Marina), 12 (Vessel Substitution) 13 (Change of Vessel’s Ownership, Possession and/or Access), 14 (Service Fees), 15 (Fee Calculation – Reservations- – Final and Peremptory Expiry Dates – Acceleration clause – Default – Right of Retention – Right to move the vessel to a dry dock location), 16 (BNFG Option to Change Mooring and/or Dry Dock Location), 17 and 18 (Signatory’s Docking Security Obligations and Duties – User Responsibilities During Assisted Manoeuvring), 19 (BNFG Fire, Damage, Theft AND Inefficiency No Warranty Policy), 20 (Land Vehicles Access – Land Vehicles Custody Exclusion), 21 (External Contractors Work – Responsibilities), 22 (Work Carried Out Or Subcontracted By BNFG – Acceptance of Work – Warranty Terms and Exclusion), 23 (Access To Vessels in Dry Dock Locations During Repair), 24 (DIY Work Policy), 25 (General Agreement – Code of Ethics – Emergency Evacuation Plans), 26 (BNFG Options – Non-Waiver Clause), 27 (Jurisdiction), 28 (Privacy Policy).