MOORING CONTRACT WITHOUT ANY OBLIGATION OF CUSTODY
1. with this contract, the company, which is the holder of a state-owned maritime concession for mooring boats and pleasure craft, in the chosen period provides the contracting party with a water space within its own dock for the mooring of the boat / vessel indicated in the epigraph, as well as, in the aforementioned period, a space on land for the storage of the same boat / vessel, so that the contracting party may use them within the limits and in the manner established in this agreement,
2. both spaces will be chosen and assigned at the sole discretion of the company and according to the space availability at the time of the signing of this contract,
3. the contracting party has no faculty of changing any of the seats assigned to him/her without the company’s prior consent,
4. the contracting party will arrange all mooring operations using the utmost caution and attention,
5. if the contracting party is not using at all or only partially using the mooring or the place on land, then he will not be entitled to any refund,
6. during the halt in the water, the boat / craft will be supplied with water and electricity according to the availability at the time and the contracting party will be able to use the toilet facilities in the dock, as well as, if available, to benefit from a single parking space,
7. the company is not compelled to safeguard the boat / craft that is object of this contract, neither during its halt in the water nor during its permanence on land. Likewise, the company does not undertake any obligation of custody of the things contained inside the boat / vessel itself, nor of its facilities, equipment, accessories and appliances, removable and non-removable, mandatory and / or optional, permanent and / or occasional, lasting and / or temporary, regardless of whether they are inherent to the basic structure of the boat / vessel or whether, while retaining their autonomy, they are permanently or provisionally utilized for its functioning and / or embellishment. It is therefore expressly agreed between the parties that the use of the land and the stretch of water as well as their systems and accessories does not give rise to any company’s delivery or deposit duties nor guardianship services or even entrustment of the boat / vessel and / or the aforementioned things, although the company may directly or indirectly provide various courtesy services in favor of the contracting party, including a careful monitoring of the moored boat / vessel,
8. therefore, during the whole permanence of the boat / vessel, object of this agreement, including the things indicated in the previous clause, at the company’s premises, the contracting party remains the sole and exclusive responsible guardian, responsible also towards the company itself, expressly acknowledging that the latter – as established in clause 7 above – will not assume any liability deriving from its position, in any situation or atmospheric condition, with particular but not exclusive reference to the damage and losses that the boat / vessel and the things referred to in the previous clause might suffer, or the damage and losses to things and / or people that the same adverse conditions may cause, also as a consequence of the improper of the moorings, the stretch of water and the space on land that are assigned in execution of this deed and also in the event that, due to the contracting party’s absence, the company was forced to carry out mooring or hauling operations of the boat / vessel itself / or to meet any needs or requirements, including the weather related ones; the contracting party also assumes all risks deriving from the connection to the electricity network and from the use of docking and mooring accessories,
9. a copy of the boat’s insurance policy with a RCT liability coverage, also active against the risks of theft, fire, vandalism, natural events, hauling and launching, also containing a waiver clause against the company that is valid for the entire period covered by this contract, must be attached to the latter in order to form an integral and essential part of it,
10. in any case, the contracting party, also according to what is specified in clauses 7 and 8 above, expressly assumes all the boat’s / vessel’s risks, or all risks deriving from the same boat / vessel with waiver of recourse against the company,
11. to this end, the contracting party signs, at the bottom of this contract, a statement which relieves the company from its liability for any damage arising, directly or indirectly, from theft, fire, vandalism, natural events, hauling and launching that may affect the boat / vessel and all the things that are contained inside or outside the boat / vessel itself, its apparatuses, equipment, accessories and appliances, removable and non-removable, mandatory and / or optional, permanent and / or occasional, durable and / or provisional, regardless of whether they are inherent to the basic structure of the boat / vessel or whether, while retaining their autonomy, are permanently or temporarily intended for its functioning and / or embellishment,
12. the compensation agreed upon between the parties related to the utilization of the berth in the water and on land is equivalent to Euro _______________ (including VAT), a sum that the contracting party must pay to the company no later than the opening season date (1 May) and, in any case, before any crane service for the launching,
13. as for the boats referred to in point b) in the introduction it is specified that:
a. the crane service will be carried out from 9 to 12.50 and from 14.10 to 19.00
b. any crane service provided after 30 September or before 1 May must be agreed from time to time;
c. the halt at the jetty is allowed only for the time necessary to get on and off the boat;
14. when moored, the same boat / vessel must hang sufficient and big enough fenders, on both sides, overboard, to avoid damage to the boats / vessels side by side and must also use suitable mooring lines,
15. the contracting party is obliged to keep the things he/she owns in good conditions. He must not abandon curtains, hoods, etc., which may fly away. The company is not liable for any shortages that may arise from this improper conduct,
16. the contracting party may park a vehicle in the spaces indicated by the company, if these are available, inside the pleasure boat yard. The company does not have to guard the parked vehicle nor the things contained therein; therefore, the company will not be liable for any damages or losses suffered by the parked vehicle or for those that it or the things contained therein may cause to things and / or people. Also, in this case, the contracting party will assume all the risks associated with the vehicle and the things themselves, renouncing as of now the compensation towards the company, i.e. without recourse,
17. the contracting party, his guests, the captain and the crew members of each boat / vessel must not:
1. Throwing waste and objects of any kind into the water,
2. Use the toilets on board during the stop at the piers,
3. Operate the bilge drainage pumps,
4. Swim or engage in underwater activities in the waters surrounding the piers
5. Clutter the piers or the quay with any material,
6. Use the water hose if not provided by a special water-stop gun,
7. Carry out acts of vandalism, disorder or other offences that could compromise the safety and tranquility of other users or damage the infrastructure of the pleasure boat yard,
8. Operate the engines, including the generator one, when the boat is moored,
9. Connect to the electricity grid and use the materials and / or tools belonging to the company without its consent: the company will not be held responsible for non-compliance with this rule,
10. Use radios and / or television sets or other appliances at an unsuitable volume that may annoy other users,
11. any intervention regarding both ordinary and extraordinary maintenance work to the engines or to the boat / craft will be performed exclusively by the company or by other companies, as indicated by the contracting party, that are expressively authorized for this purpose. In any case, the intervention of external personnel or companies is prohibited unless these are duly registered with the Chamber of Commerce and are in good standing from a contributory and insurance point of view. The company is not liable in any way for interventions carried out by external parties or companies even if the latter are authorized by the company itself,
12. upon the signing of this contract, the contracting party must deliver to the company:
1. Copy of the navigation license
2. Copy of the insurance contract as provided for in clause 9,
3. Copy of the identity documents,
13. the access to and the exit from the marina area, as well as all navigation maneuvers along the river, must be carried out with the engines at idle,
14. those customers who are not up to date with the payments, will suffer the interruption of all the services provided for by this contract,
15. upon arrival at the shipyard, the owner of the boat / vessel is required to promptly go to the staff for the delivery of the documentation provided for in clause 18, the signing of the contract and to also provide personal identification,
16. the annual mooring contract is understood to be tacitly renewed from year to year if no cancellation of the contract is given, anyway this cancellation must be forwarded by means of written communication by registered letter with return receipt at least 90 days before the expiry date,
17. the contracting party’s failure to pay, at the set deadline, the agreed fee for the use of the spaces assigned to the boat / vessel or that of any ancillary services, entails the legal termination of this deed. The aforementioned termination does not in any case exempt the contracting party from paying what is requested by the company, the latter will recover its sums in the modality deemed most appropriate,
18. for any controversy and / or dispute regarding both parties, the competent court will be that of La Spezia.
The contracting party declares of having carefully read all the clauses of the preceding contract and declares to specifically approve, by means of a specific signature, the following:
Art.2 (berth’s assignment at the sole discretion of the company); Art.3 (the immutability of the berth without the company’s consent), Art.5 (the absence of refunds in case of non-use of the berth), Art.7 (an absolute lack of custody of the boat and of the things inherent to it); Art.8 (the custody and responsibility of the contracting party – the release of the company from any liability), Art.10 (assumption of risks by the contracting party); Art.11 (a release declaration in favor of the company); Art.12 (consideration and payment), Art.14 (arrangement of fenders and ropes); Art.15 (custody of personal items); Art.16 (absence of custody of the parked vehicle and its contents); Art.17 (prohibitions); Art.18 (limits in maintenance operations); Art.23 (tacit renewal of the contract upon expiry); Art.24 (express termination clause due to default by the contracting party); Art.25 (Jurisdiction in case of disputes).
DECLARATION OF EXEMPTION FROM LIABILITY
The undersigned, having issued a contract with the company Motomar 2000 srl for the use of a berth without any obligation of custody from the company side, whose object is the named boat / vessel, registered in the Port Authority’s registers and not having stipulated or despite having stipulated, at the time of the signing of this contract, a suitable insurance coverage against the risks of fire, theft, vandalism, natural events and hauling and launching as provided for in point 9 of the above contract and in any case as an essential clause as provided for in point 11 , declares to indemnify, as an indemnity right, the company Motomar 2000 Srl from any direct and / or indirect responsibility for any damage deriving directly or indirectly from theft, fire, vandalism, natural events and hauling and launching that may concern the boat / vessel and all the things that are contained inside or outside the boat / vessel itself, its apparatuses, equipment, accessories and appliances, removable and non-removable, mandatory and / or optional, permanent and / or occasional, durable and / or provisional, regardless of whether they are inherent to the basic structure of the boat / vessel or whether, while retaining their autonomy, they are permanently or temporarily destined for its functioning and / or embellishment.
