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conditions of sales

1. The contracting parties of this mooring-rental agreement are, on the one hand, through the Harbor Master’s Office, the state-owned maritime concessionaire company Lignano Pineta s.p.a., hereinafter LP s.p.a, and on the other hand the skipper, owner, charterer, usufructuary, purchaser under reservation of title, user under lease agreement, legal representative of the company/agency/association owning the pleasure boat, as fully identified on the front page, hereinafter referred to as the "Guest".

2. The subject matter of this contract is the provision by LP s.p.a to the guest, at the Marina Uno tourist port, for the fee specified on the front page of this contract, of a berth in the water for the mooring or stationing of a pleasure craft (boat, craft or pleasure vessel) that also allows the overnight stay of the guest and passengers on board, as well as a series of ancillary services related to the use of the port infrastructure in common use, the supply at the berth of drinking water and electricity, urban waste disposal services at the waste and recycling areas located at the wharf and, on specific request of the guest and compatibly with the duties of technical-port personnel, mooring support, unmooring and transit to/from the berth, it being understood that the personnel in charge of support shall not take command or skipper the vessel.

3. Signing of this contract does not imply, in any case, the handing over and/or safekeeping by LP s.p.a. of the moored pleasure boat, its appurtenances and accessories, which will always remain at the full and exclusive disposal and control of the Guest and/or of any third parties that may be entrusted to it. The Guest, for the entire period of stay of the pleasure boat at the mooring facilities, undertakes the specific obligation to handle its safekeeping and maintenance, with the consequent exclusion of any liability of LP s.p.a. for thefts and damages of any kind, suffered and/or caused to third parties, including those to the port facilities.

4. The Guest acknowledges and accepts that the amount of the agreed fee specified on the front page for the period specified therein, paid for the provision of the mooring place in the water and for the ancillary services identified above, has been calculated, unlike a different and more onerous mooring-custody contract, taking into account the circumstance that no safekeeping, surveillance or security service is provided for the pleasure boat, its appurtenances and accessories contained in it or related to it.

5. The term of the contract is the one specified on the front page, with payment in advance. There shall be no automatic contract renewal or renewal by conclusive facts. The contract shall only be renewed in writing.

6. The Guest states to be aware of and accept the internal regulations of the mooring spot and to comply with the related applicable rules and regulations.

7. The Guest states to have read and to be fully aware of the characteristics and dimensions (width, length and depth) of the berth and to accept them without reservation, considering them suitable for the mooring of the pleasure boat that he/she has, or will have, at his/her disposal.

8. If the pleasure boat exceeds the aforementioned dimensions (taking into account, by way of example and without limitation, appurtenances, appendages, tenders, jet skis, accessories, fixed or movable fenders, dolphin strikers, pushpits, bowsprits, fin stabilizers) will automatically constitute just cause for contractual termination, due to major breach by the guest without the right of the latter to obtain a refund for the portion of the fee not enjoyed.

9. In any case, should the exceeding of the permitted dimensions of the recreational craft parked or stationed cause and/or be occasion for damage to third parties during the mooring maneuvers, the guest hereby holds LP s.p.a. harmless from any and all responsibility towards the injured parties in this regard.

10. In the event of spills of hydrocarbons or other liquid and/or solid substances that pollute the environment, even accidentally, in the port area, the Guest, or whoever on his/her behalf, shall immediately take any action that is useful or even just appropriate to contain the damage, immediately informing the Harbor Master’s Office of the incident so that, as far as it is of its jurisdiction, it may take the appropriate measures, including requesting the intervention of specialized companies for reclamation works. All costs relating to the interventions by the Harbor Master’s Office personnel and third parties shall be borne by the Guest.

11. The Guest accepts that any permanence of the pleasure boat at the berth beyond the termination of this contractual relationship shall entail, for each day of occupation, the application of the maximum daily rate in force at that time, except for the compensation for any greater damages. In such cases, the Guest shall grant LP s.p.a., also through third parties, the right to transfer the pleasure boat to another mooring place, or to place it ashore, charging the related hauling, parking, storage and any launching expenses, according to the rates in force.

12. The Guest accepts that, should the pleasure boat remain at the mooring location beyond the termination of this contract, the claims of LP s.p.a. for the services and expenses relating to the preservation of the property (in the water and/or on land), shall be subject to a lien on the pleasure boat pursuant to art. 2756 of the Civil Code, holding LP s.p.a. Harmless from any damage resulting from the hauling and grounding attributable to poor maintenance of the asset, with particular reference to the state of preservation of the hull.

13. The Guest may not assign the berth received in enjoyment and/or the ancillary services deriving from this contract to third parties, not even temporarily, in whole or in part. The Guest shall also not transfer this contract to third parties without the express authorization of LP s.p.a. in writing. 

14. The assignment of the contract or the transfer, in whole or in part, of the berth and/or ancillary services deriving from this contract shall automatically lead to legal termination of this contract, in accordance with Art. 1456 of the Italian Civil Code, with the obligation for the Guest to abandon, or have abandoned, the occupied berth, without prejudice to any compensation for further damages.

15. If the Guest entrusts a third party with the use or skippering of the pleasure boat inside the mooring location or carries out any of the activities established in art. 4 of the law No. 172 dated 8 July 2003, and subsequent modifications/integrations (leasing and renting of units for pleasure boating training, as well as the supply of support units for diving for sport or recreational purposes) he/she shall be responsible for making them aware of these contractual conditions and the internal rules of conduct in force at the mooring location. In any Guest undertakes the obligation to make his/her employees, aides, guests and passengers aware of the rules of conduct in force at the mooring location, and shall be deemed liable for any failure to comply with them.

16. Pursuant to article 186 of the Navigation Code, all people on board will be subject to the authority of the pleasure boat’s skipper.

17. Without prejudice to the measures adopted by the competent Authority, the Harbor Master’s Office may, within the scope of the powers deriving from the deed of maritime state concession, through specially appointed personnel wearing identification badges, issue appropriate orders and instructions.

18. The pleasure boat shall be moored exclusively with ropes and mooring accessories of the Guest. Also, with regard to the mooring suitability criteria used, the guest shall remain solely responsible for the safety of his or her own recreational vessel and shall be liable for direct and indirect damage caused or attributable to it, to whomever it was caused. To this end, he/she states to have already taken out adequate third-party liability insurance coverage, including among the risks insured any damage caused to other pleasure boat and to the port infrastructures, which must be shown to the Harbor Master’s Office upon request.

19. The Harbor Master’s Office may order the reinforcement of the moorings deemed unsuitable and/or unsafe and, in case of failure to act by the Guest, it shall have the right to do so directly in order to safeguard the infrastructures, without thereby accepting any liability for the safekeeping of the unit, its appurtenances and accessories, and shall charge the related expenses, according to the rates in force.
For interventions on the infrastructures, for maintenance, safety or in case of emergency, the Guest expressly grants the Harbor Master’s Office the right to intervene directly on the pleasure boat, carrying out any mooring, unmooring, maneuvering, transfer ashore or any other intervention useful or appropriate to the efficiency or safety of the mooring location, to the safety of third parties and third parties' property, without thereby having transferred any safekeeping duties for the unit, appurtenances and accessories contained therein. Security and emergency interventions shall entail the charge of the applicable expenses, according to the rates in force.

20. To guarantee a quota equal to one tenth of the total usable berths to be allocated to the pleasure boats of third parties in transit, in fulfillment of the obligations imposed by the granting administration to LP s.p.a. with the deed of maritime state concession, the Guest acknowledges and accepts that, during his periods of navigation by sea or river (of at least one night out of the mooring location) or, during the days when his/her pleasure boat is at the Shipyard for storage, the mooring berth provided may be used by the Harbor Master’s Office to allow the temporary mooring of units in transit. The Guest hereby waives henceforth any claim of reimbursement or payment for the aforesaid temporary use of the mooring berth by third parties, it being understood that the Guest shall in no way be liable for the temporary mooring of others.

21. The Guest states that his/her pleasure boat is in perfect condition of seaworthiness and maintenance, with particular reference to the preservation condition of the hull and efficiency of the propulsion and electrical equipment, if any.
In the cases established by law, the Guest guarantees that the pleasure boat is provided with a regular navigation license, appropriate safety certificate and safety equipment in accordance with the regulations in force. In any case, for the entire period of stay at the port facilities, the Guest undertakes the specific obligation to comply with any requirements of the law and/or regulations in force for pleasure boating.

22. The pleasure boat shall be moored exclusively with the guest's mooring lines and accessories. Also, in relation to the mooring suitability criteria used, the Guest shall be the sole party responsible for the safety of his/her own pleasure boat and will be liable for direct and indirect damages caused or attributable to him/her, towards anyone, with consequent exemption of liability for LP s.p.a. To this end, he/she states to have already taken out adequate third-party Civil Liability insurance coverage, including among the risks insured any damage caused to other pleasure boat and to the port infrastructures, which must be shown to the Harbor Master’s Office upon request.

23. While the pleasure boat is parked or stationed at the berth, for safety reasons concerning possible short circuits, overloads or fires on board in the absence of persons constantly present on board and capable of acting, leaving active, switched on or otherwise connected to the ground power supply column, on-board equipment is strictly forbidden. Should this prohibition be disregarded, LP s.p.a. Shall not be liable either for blackouts, or for any consequent damage suffered by the pleasure boat, with exclusive liability of the Guest also for any damage caused to port infrastructure, third parties and/or third parties' property.

24. Before starting the inboard engines, the guest, or his/her representative, shall ensure that the engine compartment is ventilated, unless the pleasure boat is equipped with an efficient automatic ventilation system.

25. LP s.p.a., shall not be liable for theft of or damage to the guest's mooring lines, electrical cables, and/or mooring accessories left unattended on the mooring poles, at the dock, or otherwise in the port area, either while the unit is moored at the berth or during navigation.

26. For safety reasons, without authorization by the Harbor Master's Office, diving within the port and in any case in the stretch of water pertaining to the berth to carry out interventions, inspections, or checks, is forbidden. Without authorization by the competent Authority, fishing in the mooring areas is forbidden.

27. Within the mooring areas, the maximum permitted sailing transit speed is three knots, and in any case, it must not cause appreciable waviness. The guest undertakes to meet this limit and to adopt all due diligence and prudence required for maneuvering within the port area.

28. When moored, starting the engines not equipped with an efficient exhaust silencer is forbidden.
Recharging electric energy accumulators using motors is forbidden. Except for proven and special needs, starting the main or auxiliary engines of the pleasure boat for testing before 8 a.m. and after 8 p.m. and from May to September included between 1 p.m. and 4 p.m. is forbidden.

29. If the Guest, on his/her own behalf or through external companies or other parties, wishes to carry out maintenance/repair work on the pleasure boat at his/her berth, he/she shall make a special request in writing to the Harbor Master's Office. The request must include the identification of any external parties, the documentation regarding their technical and professional suitability and the expected duration of the intervention, as well as a declaration of exemption from liability in favor of LP s.p.a. regarding the risks resulting from the intervention. In any case, the Guest undertakes to ensure that the interventions do not cause inconveniences or discomfort to other guests and/or damage to the facilities, other units, third parties and/or third parties' property. The intervention may only be carried out with the express permission of the Harbor Master's Office.

30. Throwing garbage of any kind, objects, substances, sewage liquids (including those resulting from the use of on-board toilets), debris or other in the port area is forbidden. Municipal solid waste must be placed in the appropriate containers located along the docks. Hazardous, toxic, or harmful waste shall be disposed of only in the manner established by law. Obstructing with shipboard equipment or otherwise with objects or materials of any kind, passages, sidewalks, parking lots, docks, piers, and wharves, and in any case all areas not expressly designated for storage is forbidden. The Harbor Masters' Office reserves the right to remove them, charging the Guest the related fees.

31. For the purpose of immediate recognition when transiting in or out of the mooring location, the Guest's pleasure boat shall display, in a clearly visible position, in addition to the required flag(s), the appropriate distinctive burgee of Marina Uno.
For maritime police purposes, for reasons of landfall management or when requested by the Authority, the Guest and his/her visitors shall provide their personal identification data and those of the pleasure boat to the Harbor Master's Office.

32. The guest is required to take notice and become aware, at the Harbor Master's Office and/or at the appropriate notice boards located within the port area, of any Notices to Pleasure Boaters, Orders or other measures issued by the Maritime Authority or other State Administration Bodies.

33. If extraordinary events occur within the mooring location, the guest shall immediately notify the Harbor Master's Office which, after assessing the fact, will, to the extent of its competence, forward a report of extraordinary event to the Maritime Authority.

34. If the Guest has also agreed to the use of a parking spot in the port area, the guest agrees to park the car closed, without the keys and without goods and accessories inside. If the Guest and/or his/her visitors park their vehicles in a forbidden location, they shall be subject to towing at the Guest's expense.

35. Reason for early withdrawal from this contractual relationship by LP s.p.a. Shall be the expiry and/or revocation of the maritime domain granted in concession by the competent Authority. In these cases, except in the cases of gross negligence by the concessionary company, the Guest acknowledges and accepts the exclusion of any kind of indemnity and/or compensation in his/her favor by LP s.p.a.

36. By signing this contract, the Guest confirms his/her personal data and pleasure boat data, as entered on the front page.
Any changes in data during the relationship, in order to be deemed valid shall be communicated to LP s.p.a. by registered letter with notification of receipt.

37. The Harbor Master's Office reserves the right, if necessary, with the intervention of the competent public Authority and without prejudice to the prerogatives of all State Administration Bodies, to expel persons visiting the guest who do not comply with the rules of conduct or refuse to provide personal identification details and/or documents.

38. Without prejudice to the jurisdiction of the competent State Administration and/or the prevalence of the special court of the residence or domicile of the consumer, for any dispute that may arise with reference to this contract, including its validity, interpretation, execution, and in any case nothing excluded, the exclusive territorial jurisdiction is that of the Court of Udine, with the exclusion of any other Court.