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reglementer
Reglementer
As we welcome you to our Facility, we invite you to carefully read the Regulations set out hereunder – extensively publicised on our Website and at the Capalonga Camping Village – pointing out that they are binding on anyone – customer, guest or visitor – who enters the Facility or books the relevant resources (rest areas and accommodation units; moorings serving the Campground).
Access to the Facility, use of the rest areas and the accommodation units and their restoration at the end of the stay.
Article 1 (Identification and access to the Facility) - The incoming customer or guest must attend at the reception office, where he/she shall produce an identity document for each member of the group. The person who signs the admission form to comply with public security obligations warrants the correctness of the data declared for all group members, incurring any liability to that effect.
An identification bracelet (to be carried on the wrist by all the campground customers and guests) will be issued to each customer or guest, along with a personal control card to be produced at the entrance to the campground or at the behest of the staff on duty. Production of the card alone is insufficient to prove membership of the facility. A sticker bearing emblem of the campground will furthermore be applied to the car window.
Guests are informed that during the stay the Facility Staff reserve the right to check the identity of the persons inside the campground and check due concordance with what was declared.
It should be noted that unauthorised entry is a breach of the rules of the Italian Criminal Code (particularly Article 614 of the Italian Criminal Code on trespassing).
Article 2 (Visitors) – Visitors are only allowed entry pursuant to management’s authorisation, and if the visit extends longer than an hour they are obliged to pay the daily rate.
Visitors, too, must first attend at the campground’s reception office to fulfil the identification and access formalities, by handing in their personal identity documents that will be returned at the time of departure.
During their stay at the campground, they must wear the special identification bracelet and guard the personal control card. Visitors are not allowed to enter the pool area.
Article 3 (Check-in and Check-out times) – We wish to reiterate that the rest areas are available for delivery from 13h00 on the date of arrival, and the accommodation units from 16h30 on the date of arrival (unless an agreement has been reached beforehand with the facility for early delivery at 12h30, subject to payment, in that instance, of an additional charge of EUR 60.00).
Departing guests must vacate the rest areas by 12h00 and the accommodation units by 10h00 and leave the facility by the same time, failing they will be charged for an entire day.
Article 4 (Cashier’s office) – The cashier’s office is open in the morning from 8h00 to 12h00 and in the afternoon from 16h00 to 18h00. The control cards must be returned at the time of settling the balance of the stay. The personal documents will be handed back at the time of departure.
Article 5 (Allocation of rest areas and units) – Allocation to incoming guests of the rest areas and accommodation units is attended to by the campground staff.
Article 6 (Occupation of rest areas) – Occupation is permitted only in respect of the rest area allocated.
Article 7 (State and completeness of accommodation units) - Customers of accommodation units are kindly requested to check on arrival whether the accommodation is duly cleaned and equipped as per the inventory available inside it. Any shortage or deficiency must be notified to management by 12h00 on the following day.
Article 8 (Equipment) – During his/her stay, the Customer must take care of whatever equipment he might have received. Any faults, breakages or malfunctions of installations must be reported to management, for the latter to duly organise the maintenance staff.
Campground customers and guests must carefully and wisely use the bicycles received and take charge of the small repairs regarding normal use thereof. They shall likewise bear the repair costs in the event of breakages and malfunctions detected at the time of returning them by the end of the stay.
Article 9 (Notice of Variations) – The guest must notify Management in real time of any type of variation, on arrival and on departure, concerning his group, or relating to the occupiers of the rest area or accommodation unit, failing which it will not be possible to retrospectively request a reduction in the price of occupation and Management will not be liable for higher charges pertaining to incorrectly notified stays.
Article 10 (Balance) – The balance of the stay may be settled during the opening hours of the cashier’s office on any day of the week, but in any event no later than the day preceding departure. Departures at night or outside office hours must be agreed with management beforehand so that the operations of control and return of deposit and documents can be organised.
Article 11 (Cleaning) – The accommodation must be vacated in a perfectly clean state, just as it was delivered. The charge for any cleaning not performed or incompletely performed by the customer is EUR 90.00. The rest area must be vacated in a clean and orderly state.
Article 12 (Deposit) – In order to secure the refund of the deposit – to be paid when arriving at the campground and amounting to EUR 75.00 for each accommodation unit - the Customer, after vacating the accommodation, must hand back, at the reception office, the keys, the identification cards, the bracelets and the receipt of the deposit, and also produce the receipt of the duly settled balance of the stay (voucher for agencies).
Article 13 (Withholding of Deposit) – After conducting a check, in the absence of damages or shortages the deposit will be returned along with the personal documents. The control operation may last approximately 15 minutes.
If damages or shortages are detected, they will be charged to the customer based on the valuation lists available for perusal at the reception office.
Article 14 (Minimum duration of stay) – During high season periods, the minimum stay is seven days. Any exemptions may be granted exclusively by management.
Article 15 (Prohibition of sub-letting) - It is prohibited to sublet or assign to third parties the resource and the contract, save for exemptions expressly granted by Management.
II°
Behavioural duties and prohibitions for Guests
Article 16 (Animals) – Dogs or other animals may not be introduced into the facility. Only the “Capalonga” Campground is exempted from the operation of said prohibition, since dogs may be admitted inside it, subject however to the limits and to the precise conditions laid down in detail in the applicable Regulations (“Regulations on Animals”).
Article 17 (State of Tents and Caravans) – No entry is allowed for caravans or tents not inhabited or in a precarious state of conservation. Any empty or inadequate equipment shall be removed as a rule at the expense of the culprit.
Article 18 (Hours of Silence) – Campers and guests of the campground must adhere to silence from 13h30 to 15h30 and from 23h30 to 7:00 a.m. During those periods, use of motor-powered vehicles is strictly forbidden, save for exemptions that may be granted exclusively by management.
In general, outside those times as well, conduct, activities and games as well as the use of equipment that might disturb other guests and upset the peace of the campground ought to be avoided.
Article 19 (Speed limits and manner of circulation) – Within the campground, there is a speed limit of 10 km/h for motor vehicles, along with the obligation to abide by the on-site signs and the rules of the road.
Any vehicle, including one that is not motor-powered (hence bicycles as well), is in any event bound to behave cautiously and adapt the speed and the driving so as to avoid any danger to the campground guests.
Article 20 (Minors) – Children must be constantly supervised and accompanied by an adult, in charge of their custody (as regards possible damages to third parties as well) and their safety, while Management disclaims any liability in that regard.
Article 21 (Games) - Games available at the Campground (including water games by the pool) and on the beach must be used strictly in accordance with the instructions received.
Only minors accompanied by an adult in charge may gain access to the games.
The Company disclaims liability for any irregular and unauthorised use.
Article 22 (Lost items) – Items found inside the campground must be handed to management that will see to the task of returning them to their rightful owners.
Article 23 (Prohibitions) – It is forbidden to:
Article 24 (Barbecue) - Only the barbecue provided may be used, on condition that weather conditions so permit, and provided that it does not disturb the other guests and create dangerous situations.
Customers and guests are responsible for its safe use and liable for any damage caused.
Article 25 (Respect for installations, furnishings, plants and trees) – Respect must be shown to installations, furnishings, plants and trees.
Article 26 (Toilet Facilities) - The toilet facilities must be left in a decent and clean state. It should be noted that the same are temporarily closed during cleaning and sanitising activities.
Article 27 (Waste) – Paper, cigarette butts and waste must be placed in the appropriate containers, and dealt with strictly in compliance with the applicable law in the field of differentiated collection.
Article 28 (Prescriptions by Management and Staff) – The Campground Management and staff reserve the right to prescribe to guests and visitors of the campground any further conduct necessary or appropriate for safeguarding the tranquillity and safety of the persons or for protecting the assets making up the Facility, along with the obligation resting on customers and guests to strictly abide by the prescriptions thus issued.
Article 29 (Certifications) - Kunden anerkender, at Virksomheden er udstyret med certificeringerne "UNI EN ISO13009", "UNI EN ISO9001" og "UNI EN ISO14001" af Accredia - Det Italienske Akkrediteringsorgan. Kunden forpligter sig, som følge af det førnævnte, til at anvende alle procedurer og/eller adfærdsmetoder, som Virksomheden vil kræve som følge af og i overensstemmelse med de nævnte certificeringer, især med hensyn til behandlingen af "affald".
Article 30 - (Duties of campground guests and right to throw them out) - In general, a correct and cautious behaviour inside the campground, on the beach and in the equipped areas, as well as adherence to order and cleanliness, are precise obligations of the campground guests. If said rules of conduct are not complied with, management will be entitled to throw the offenders out of the campground.
III°
Use of the Pool
Article 31 (Technical characteristics) - The depth of the swimming pool and the bathtubs is as follows:
Pool River Capalonga
Swimming area: depth 140 cm.
Area “river”: depth 120 cm.
Children Area: depth 60 cm.
Games Area: depth 20 cm.
Area jacuzzi: depth 90 cm.
Pool Laguna Capalonga
Swimming Pool (covered): depth 120 cm.
Children Pool: depth 0-60 cm.
Baby pool: depth 0-20 cm.
Article 32 (Opening days and times) – The swimming pools are opened from 10.00 am to 7.00 pm and are closed throughout the whole day on Mondays (River Water Park) and Fridays (Laguna Pool) to allow for complete cleaning. Management reserves the right to close it down on different times or at different hours as well, for the purposes of extraordinary maintenance or hygiene. Use of the swimming pool is strictly forbidden on closing hours and days.
Given the need to ensure safe use of the pool in suitable conditions of well-being, Management reserves the right to limit the overall number of entries in the pool in the event of excessive crowding as well, based on the needs of the concrete circumstances.
Management warrants due operation of the filtering, sterilisation and replacement system only during opening times, and is exonerated from any complaints for damages caused by lack of compliance with the foregoing. It will likewise be entitled – to ensure compliance with the applicable hygienic provisions – to cause the removal from the pool of people who use it outside its opening hours.
Article 33 (Entry requirements) - To be able to enter the pool area, you must necessarily wash in the specific showers and rinse in the foot-baths. For hygienic reasons, wheelchairs and other objects incapable of being disinfected may not enter the pool area.
Exemptions may be granted by Management for aids to the disabled, which must however be adequately sanitised.
Entry is only permitted to customers and guests of the facility who wear the identification bracelet.
Article 34 (Inexperienced swimmers) – Inexperienced swimmers must use the bathtubs set aside for them and wear water wings or life jacket. Unaccompanied children may not enter the pool.
Article 35 (Recommendations) - We recommend letting an interval of at least three hours elapse after a meal before swimming. To be able to use the pool, swimmers must be free from contagious or in any event transmissible diseases, as well as from open injuries or wounds that are incompatible with use of the pool.
Article 36 (Prohibitions) – It is prohibited to introduce air mattresses, dinghies and the like into the pool. Jumps and thrusts from the edges of the pool, playing tricks inside the water and runs near the pool, made slippery by the presence of water, are all prohibited. It is forbidden to dirty at any time the water of the bathtubs and the surrounding areas. The Staff is entitled to chase out at any time the swimmers who engage in improper conduct and who infringe the prescriptions issued to protect people’s safety, hygiene and integrity.
Article 37 (Safekeeping duty) - Users are kindly invited not to leave any unattended goods in the pool area.
Likewise prohibited is the prolonged occupation of the pool area and the related furnishings with towels or other personal items in the absence of the owner.
The Staff will be entitled to remove any objects left unattended, which will be placed in the special container located in the pool area.
Article 38 (Specific requirements for the Jacuzzis) - Only adults and children above 14 may use the Jacuzzis (hot tubs).
For the sake of a correct and healthy use, and to enable guests to use the system, any stay in the hot tub must be limited to 15 minutes at the most.
Before diving into the water, you must take an adequate shower.
You may only enter the shower tray barefoot.
Use of the Jacuzzis is prohibited to people affected by any diseases, who are bound to independently and scrupulously assess the risks posed by its use to their own health.
Article 39 (Disclaimer of liability) - Management disclaims any liability for thefts, accidents or damages to persons or things caused by users’ carelessness.
IV°
Possible garaging
Article 40 (Garaging agreement) - The garaging service to caravans, campers and boats is only provided by the Facility pursuant to the prior conclusion of a specific written agreement with the user, against payment of an ad hoc fee.
Article 41 (Obligation to remove money, valuables, equipment and devices) - In case any asset is taken delivery of, safekeeping will nevertheless be deemed limited to the asset itself (caravan, camper or boat) in its essential structure, the user being obliged to remove beforehand items, money and/or other valuables inside it (including equipment, accessories and devices of the asset, unless they are items permanently incorporated in it, alternatively, in the event of removable assets, items expressly marked and handed to the Company for safekeeping by the User, along with the simultaneous draft and signature of ad hoc minutes).
Despite the foregoing, the Company will nevertheless not be liable for any misappropriations, losses or deteriorations of any items left by the User at his/her own risk and danger inside the asset.
Article 42 (Insurance obligation) - Caravans, campers and boats must be duly equipped with a currently valid insurance policy. Lack of sufficient insurance cover will entitle the Company to refrain from concluding the agreement or demand the immediate removal of the vehicle.
V°
Liability of Guests and of the Facility
Article 43 (Duty to safeguard one’s personal effects, money or valuables – Safes, Valuables Safekeeping Service, Safety Deposit Boxes) - The campground guests and visitors must carefully safeguard their personal effects. Money and valuables should not be left inside the tents, caravans and accommodation units, or inside the vehicles.
It should be noted that all the accommodation units are fitted with safes and entrance lock protected by a locking system. It should likewise be noted that a valuables safekeeping service is available at the reception office, where safety deposit boxes may also be rented.
Users of the accommodation units must deposit money, jewels and valuables in the ad hoc safes and keep the units strictly locked, whereas the other campground guests must use the valuables safekeeping service or the safety deposit boxes.
Given the peculiarity of the Facility and of the services offered – camping and holiday right amid nature -
the campground guests are recommended not to bring inside the Campground excessively valuable items, which must in any event be declared to Management and expressly entrusted to it for safekeeping, subject to Management’s right to decline the safekeeping of items whose value is seemingly disproportionate to the characteristics of the Facility and to the type of vacation offered.
Breach of the abovementioned instructions shall amount to gross negligence by the guest and shall entail the exclusion of any right to compensation whatsoever.
Article 44 (Disclaimer of liability for losses and thefts) - The Facility is not liable for loss or theft of items and valuables not entrusted and accepted in safekeeping, or not adequately safeguarded by users.
Article45 (Disclaimer of liability for losses and thefts of vehicles) - It should be borne in mind that liability for theft or loss of vehicles (bicycles as well) is in any event excluded, and the interested parties are accordingly recommended, as regards items with a special value, to assess the convenience of taking out an independent insurance policy to cover theft, loss or damages.
Article 46 (Natural environment) - It should be borne in mind that the Facility lies in a special natural environment and that the preservation of such environment and its characteristics of spontaneity and heightened naturalness is an intrinsic characteristic and value added of the campground.
The presence of irregularities in the ground, the fall of pinecones and resin, etc. – just to mention a few examples – should therefore be deemed a normality, no liability being capable of attaching to the Facility for the dynamism intrinsic to the natural environment in which the campground is plunged.
It should be likewise borne in mind that during the season even intense if not actually exceptional weather phenomena might occur. In view of the intense weather events that have occurred in recent years, you are kindly advised to assess the opportunity of taking out an insurance policy as cover for any resultant damage.
Article 47 (Disclaimer of liability for Damages unrelated to negligent conduct by the campground staff) - The Facility is not liable for injuries and accidental wounds or for damages caused by other guests, by force majeure, by natural calamities or by exceptional weather phenomena, and generally by reasons unrelated to negligent conduct by the campground staff.
Article 48 (Insurance) - The campground guests are informed that Bibione Mare S.p.a. has taken out a liability insurance to cover (on the terms specified in the policy) liability to third parties.
VI°
Final provisions
Article 49 (Court with jurisdiction) – Jurisdiction over any dispute between the Company and the Campground customers and guests is vested exclusively in the Courts of the place where the Company’s registered office is situated (save where a peremptory legislative provision has stipulated recourse to a different Court).
Article 50 (Applicable law) – The relationship between the Company and the Campground customers and guests is governed by Italian law.
WARNINGS
Guests affected by any intolerances (food-related, to animals or of other kinds) or diseases must independently assess whether the Facility is suitable for their stay.
Management is available to provide any additional information or clarification.
For all intents and purposes, we wish to hereby point out:
- that animals are allowed at the “Capalonga” Campground (subject to the limits and conditions laid down in the relevant Regulations)
- that periodical anti-mosquito treatments are carried out at the Facility and chemical products used therein for cleaning purposes, in accordance with legal provisions.
Guests are kindly invited to elicit information from Management if they wish to know the precise products employed.
You are informed that the Authorities to contact in case of emergency are:
Article 1 (Identification and access to the Facility) - The incoming customer or guest must attend at the reception office, where he/she shall produce an identity document for each member of the group. The person who signs the admission form to comply with public security obligations warrants the correctness of the data declared for all group members, incurring any liability to that effect.
An identification bracelet (to be carried on the wrist by all the campground customers and guests) will be issued to each customer or guest, along with a personal control card to be produced at the entrance to the campground or at the behest of the staff on duty. Production of the card alone is insufficient to prove membership of the facility. A sticker bearing emblem of the campground will furthermore be applied to the car window.
Guests are informed that during the stay the Facility Staff reserve the right to check the identity of the persons inside the campground and check due concordance with what was declared.
It should be noted that unauthorised entry is a breach of the rules of the Italian Criminal Code (particularly Article 614 of the Italian Criminal Code on trespassing).
Article 2 (Visitors) – Visitors are only allowed entry pursuant to management’s authorisation, and if the visit extends longer than an hour they are obliged to pay the daily rate.
Visitors, too, must first attend at the campground’s reception office to fulfil the identification and access formalities, by handing in their personal identity documents that will be returned at the time of departure.
During their stay at the campground, they must wear the special identification bracelet and guard the personal control card. Visitors are not allowed to enter the pool area.
Article 3 (Check-in and Check-out times) – We wish to reiterate that the rest areas are available for delivery from 13h00 on the date of arrival, and the accommodation units from 16h30 on the date of arrival (unless an agreement has been reached beforehand with the facility for early delivery at 12h30, subject to payment, in that instance, of an additional charge of EUR 60.00).
Departing guests must vacate the rest areas by 12h00 and the accommodation units by 10h00 and leave the facility by the same time, failing they will be charged for an entire day.
Article 4 (Cashier’s office) – The cashier’s office is open in the morning from 8h00 to 12h00 and in the afternoon from 16h00 to 18h00. The control cards must be returned at the time of settling the balance of the stay. The personal documents will be handed back at the time of departure.
Article 5 (Allocation of rest areas and units) – Allocation to incoming guests of the rest areas and accommodation units is attended to by the campground staff.
Article 6 (Occupation of rest areas) – Occupation is permitted only in respect of the rest area allocated.
Article 7 (State and completeness of accommodation units) - Customers of accommodation units are kindly requested to check on arrival whether the accommodation is duly cleaned and equipped as per the inventory available inside it. Any shortage or deficiency must be notified to management by 12h00 on the following day.
Article 8 (Equipment) – During his/her stay, the Customer must take care of whatever equipment he might have received. Any faults, breakages or malfunctions of installations must be reported to management, for the latter to duly organise the maintenance staff.
Campground customers and guests must carefully and wisely use the bicycles received and take charge of the small repairs regarding normal use thereof. They shall likewise bear the repair costs in the event of breakages and malfunctions detected at the time of returning them by the end of the stay.
Article 9 (Notice of Variations) – The guest must notify Management in real time of any type of variation, on arrival and on departure, concerning his group, or relating to the occupiers of the rest area or accommodation unit, failing which it will not be possible to retrospectively request a reduction in the price of occupation and Management will not be liable for higher charges pertaining to incorrectly notified stays.
Article 10 (Balance) – The balance of the stay may be settled during the opening hours of the cashier’s office on any day of the week, but in any event no later than the day preceding departure. Departures at night or outside office hours must be agreed with management beforehand so that the operations of control and return of deposit and documents can be organised.
Article 11 (Cleaning) – The accommodation must be vacated in a perfectly clean state, just as it was delivered. The charge for any cleaning not performed or incompletely performed by the customer is EUR 90.00. The rest area must be vacated in a clean and orderly state.
Article 12 (Deposit) – In order to secure the refund of the deposit – to be paid when arriving at the campground and amounting to EUR 75.00 for each accommodation unit - the Customer, after vacating the accommodation, must hand back, at the reception office, the keys, the identification cards, the bracelets and the receipt of the deposit, and also produce the receipt of the duly settled balance of the stay (voucher for agencies).
Article 13 (Withholding of Deposit) – After conducting a check, in the absence of damages or shortages the deposit will be returned along with the personal documents. The control operation may last approximately 15 minutes.
If damages or shortages are detected, they will be charged to the customer based on the valuation lists available for perusal at the reception office.
Article 14 (Minimum duration of stay) – During high season periods, the minimum stay is seven days. Any exemptions may be granted exclusively by management.
Article 15 (Prohibition of sub-letting) - It is prohibited to sublet or assign to third parties the resource and the contract, save for exemptions expressly granted by Management.
II°
Behavioural duties and prohibitions for Guests
Article 16 (Animals) – Dogs or other animals may not be introduced into the facility. Only the “Capalonga” Campground is exempted from the operation of said prohibition, since dogs may be admitted inside it, subject however to the limits and to the precise conditions laid down in detail in the applicable Regulations (“Regulations on Animals”).
Article 17 (State of Tents and Caravans) – No entry is allowed for caravans or tents not inhabited or in a precarious state of conservation. Any empty or inadequate equipment shall be removed as a rule at the expense of the culprit.
Article 18 (Hours of Silence) – Campers and guests of the campground must adhere to silence from 13h30 to 15h30 and from 23h30 to 7:00 a.m. During those periods, use of motor-powered vehicles is strictly forbidden, save for exemptions that may be granted exclusively by management.
In general, outside those times as well, conduct, activities and games as well as the use of equipment that might disturb other guests and upset the peace of the campground ought to be avoided.
Article 19 (Speed limits and manner of circulation) – Within the campground, there is a speed limit of 10 km/h for motor vehicles, along with the obligation to abide by the on-site signs and the rules of the road.
Any vehicle, including one that is not motor-powered (hence bicycles as well), is in any event bound to behave cautiously and adapt the speed and the driving so as to avoid any danger to the campground guests.
Article 20 (Minors) – Children must be constantly supervised and accompanied by an adult, in charge of their custody (as regards possible damages to third parties as well) and their safety, while Management disclaims any liability in that regard.
Article 21 (Games) - Games available at the Campground (including water games by the pool) and on the beach must be used strictly in accordance with the instructions received.
Only minors accompanied by an adult in charge may gain access to the games.
The Company disclaims liability for any irregular and unauthorised use.
Article 22 (Lost items) – Items found inside the campground must be handed to management that will see to the task of returning them to their rightful owners.
Article 23 (Prohibitions) – It is forbidden to:
- dig holes in the ground;
- light fires outdoors;
- spill onto the ground oils, fuels, boiling, salty or waste liquids;
- wash cars or other vehicles;
- wash dishes and linen outside the specific sinks;
- lay fences or shade tarpaulins, tie or anchor anything to the plants, pull ropes at eye level, or install anything else that might represent a danger or obstruct the passage;
Article 24 (Barbecue) - Only the barbecue provided may be used, on condition that weather conditions so permit, and provided that it does not disturb the other guests and create dangerous situations.
Customers and guests are responsible for its safe use and liable for any damage caused.
Article 25 (Respect for installations, furnishings, plants and trees) – Respect must be shown to installations, furnishings, plants and trees.
Article 26 (Toilet Facilities) - The toilet facilities must be left in a decent and clean state. It should be noted that the same are temporarily closed during cleaning and sanitising activities.
Article 27 (Waste) – Paper, cigarette butts and waste must be placed in the appropriate containers, and dealt with strictly in compliance with the applicable law in the field of differentiated collection.
Article 28 (Prescriptions by Management and Staff) – The Campground Management and staff reserve the right to prescribe to guests and visitors of the campground any further conduct necessary or appropriate for safeguarding the tranquillity and safety of the persons or for protecting the assets making up the Facility, along with the obligation resting on customers and guests to strictly abide by the prescriptions thus issued.
Article 29 (Certifications) - Kunden anerkender, at Virksomheden er udstyret med certificeringerne "UNI EN ISO13009", "UNI EN ISO9001" og "UNI EN ISO14001" af Accredia - Det Italienske Akkrediteringsorgan. Kunden forpligter sig, som følge af det førnævnte, til at anvende alle procedurer og/eller adfærdsmetoder, som Virksomheden vil kræve som følge af og i overensstemmelse med de nævnte certificeringer, især med hensyn til behandlingen af "affald".
Article 30 - (Duties of campground guests and right to throw them out) - In general, a correct and cautious behaviour inside the campground, on the beach and in the equipped areas, as well as adherence to order and cleanliness, are precise obligations of the campground guests. If said rules of conduct are not complied with, management will be entitled to throw the offenders out of the campground.
III°
Use of the Pool
Article 31 (Technical characteristics) - The depth of the swimming pool and the bathtubs is as follows:
Pool River Capalonga
Swimming area: depth 140 cm.
Area “river”: depth 120 cm.
Children Area: depth 60 cm.
Games Area: depth 20 cm.
Area jacuzzi: depth 90 cm.
Pool Laguna Capalonga
Swimming Pool (covered): depth 120 cm.
Children Pool: depth 0-60 cm.
Baby pool: depth 0-20 cm.
Article 32 (Opening days and times) – The swimming pools are opened from 10.00 am to 7.00 pm and are closed throughout the whole day on Mondays (River Water Park) and Fridays (Laguna Pool) to allow for complete cleaning. Management reserves the right to close it down on different times or at different hours as well, for the purposes of extraordinary maintenance or hygiene. Use of the swimming pool is strictly forbidden on closing hours and days.
Given the need to ensure safe use of the pool in suitable conditions of well-being, Management reserves the right to limit the overall number of entries in the pool in the event of excessive crowding as well, based on the needs of the concrete circumstances.
Management warrants due operation of the filtering, sterilisation and replacement system only during opening times, and is exonerated from any complaints for damages caused by lack of compliance with the foregoing. It will likewise be entitled – to ensure compliance with the applicable hygienic provisions – to cause the removal from the pool of people who use it outside its opening hours.
Article 33 (Entry requirements) - To be able to enter the pool area, you must necessarily wash in the specific showers and rinse in the foot-baths. For hygienic reasons, wheelchairs and other objects incapable of being disinfected may not enter the pool area.
Exemptions may be granted by Management for aids to the disabled, which must however be adequately sanitised.
Entry is only permitted to customers and guests of the facility who wear the identification bracelet.
Article 34 (Inexperienced swimmers) – Inexperienced swimmers must use the bathtubs set aside for them and wear water wings or life jacket. Unaccompanied children may not enter the pool.
Article 35 (Recommendations) - We recommend letting an interval of at least three hours elapse after a meal before swimming. To be able to use the pool, swimmers must be free from contagious or in any event transmissible diseases, as well as from open injuries or wounds that are incompatible with use of the pool.
Article 36 (Prohibitions) – It is prohibited to introduce air mattresses, dinghies and the like into the pool. Jumps and thrusts from the edges of the pool, playing tricks inside the water and runs near the pool, made slippery by the presence of water, are all prohibited. It is forbidden to dirty at any time the water of the bathtubs and the surrounding areas. The Staff is entitled to chase out at any time the swimmers who engage in improper conduct and who infringe the prescriptions issued to protect people’s safety, hygiene and integrity.
Article 37 (Safekeeping duty) - Users are kindly invited not to leave any unattended goods in the pool area.
Likewise prohibited is the prolonged occupation of the pool area and the related furnishings with towels or other personal items in the absence of the owner.
The Staff will be entitled to remove any objects left unattended, which will be placed in the special container located in the pool area.
Article 38 (Specific requirements for the Jacuzzis) - Only adults and children above 14 may use the Jacuzzis (hot tubs).
For the sake of a correct and healthy use, and to enable guests to use the system, any stay in the hot tub must be limited to 15 minutes at the most.
Before diving into the water, you must take an adequate shower.
You may only enter the shower tray barefoot.
Use of the Jacuzzis is prohibited to people affected by any diseases, who are bound to independently and scrupulously assess the risks posed by its use to their own health.
Article 39 (Disclaimer of liability) - Management disclaims any liability for thefts, accidents or damages to persons or things caused by users’ carelessness.
IV°
Possible garaging
Article 40 (Garaging agreement) - The garaging service to caravans, campers and boats is only provided by the Facility pursuant to the prior conclusion of a specific written agreement with the user, against payment of an ad hoc fee.
Article 41 (Obligation to remove money, valuables, equipment and devices) - In case any asset is taken delivery of, safekeeping will nevertheless be deemed limited to the asset itself (caravan, camper or boat) in its essential structure, the user being obliged to remove beforehand items, money and/or other valuables inside it (including equipment, accessories and devices of the asset, unless they are items permanently incorporated in it, alternatively, in the event of removable assets, items expressly marked and handed to the Company for safekeeping by the User, along with the simultaneous draft and signature of ad hoc minutes).
Despite the foregoing, the Company will nevertheless not be liable for any misappropriations, losses or deteriorations of any items left by the User at his/her own risk and danger inside the asset.
Article 42 (Insurance obligation) - Caravans, campers and boats must be duly equipped with a currently valid insurance policy. Lack of sufficient insurance cover will entitle the Company to refrain from concluding the agreement or demand the immediate removal of the vehicle.
V°
Liability of Guests and of the Facility
Article 43 (Duty to safeguard one’s personal effects, money or valuables – Safes, Valuables Safekeeping Service, Safety Deposit Boxes) - The campground guests and visitors must carefully safeguard their personal effects. Money and valuables should not be left inside the tents, caravans and accommodation units, or inside the vehicles.
It should be noted that all the accommodation units are fitted with safes and entrance lock protected by a locking system. It should likewise be noted that a valuables safekeeping service is available at the reception office, where safety deposit boxes may also be rented.
Users of the accommodation units must deposit money, jewels and valuables in the ad hoc safes and keep the units strictly locked, whereas the other campground guests must use the valuables safekeeping service or the safety deposit boxes.
Given the peculiarity of the Facility and of the services offered – camping and holiday right amid nature -
the campground guests are recommended not to bring inside the Campground excessively valuable items, which must in any event be declared to Management and expressly entrusted to it for safekeeping, subject to Management’s right to decline the safekeeping of items whose value is seemingly disproportionate to the characteristics of the Facility and to the type of vacation offered.
Breach of the abovementioned instructions shall amount to gross negligence by the guest and shall entail the exclusion of any right to compensation whatsoever.
Article 44 (Disclaimer of liability for losses and thefts) - The Facility is not liable for loss or theft of items and valuables not entrusted and accepted in safekeeping, or not adequately safeguarded by users.
Article45 (Disclaimer of liability for losses and thefts of vehicles) - It should be borne in mind that liability for theft or loss of vehicles (bicycles as well) is in any event excluded, and the interested parties are accordingly recommended, as regards items with a special value, to assess the convenience of taking out an independent insurance policy to cover theft, loss or damages.
Article 46 (Natural environment) - It should be borne in mind that the Facility lies in a special natural environment and that the preservation of such environment and its characteristics of spontaneity and heightened naturalness is an intrinsic characteristic and value added of the campground.
The presence of irregularities in the ground, the fall of pinecones and resin, etc. – just to mention a few examples – should therefore be deemed a normality, no liability being capable of attaching to the Facility for the dynamism intrinsic to the natural environment in which the campground is plunged.
It should be likewise borne in mind that during the season even intense if not actually exceptional weather phenomena might occur. In view of the intense weather events that have occurred in recent years, you are kindly advised to assess the opportunity of taking out an insurance policy as cover for any resultant damage.
Article 47 (Disclaimer of liability for Damages unrelated to negligent conduct by the campground staff) - The Facility is not liable for injuries and accidental wounds or for damages caused by other guests, by force majeure, by natural calamities or by exceptional weather phenomena, and generally by reasons unrelated to negligent conduct by the campground staff.
Article 48 (Insurance) - The campground guests are informed that Bibione Mare S.p.a. has taken out a liability insurance to cover (on the terms specified in the policy) liability to third parties.
VI°
Final provisions
Article 49 (Court with jurisdiction) – Jurisdiction over any dispute between the Company and the Campground customers and guests is vested exclusively in the Courts of the place where the Company’s registered office is situated (save where a peremptory legislative provision has stipulated recourse to a different Court).
Article 50 (Applicable law) – The relationship between the Company and the Campground customers and guests is governed by Italian law.
WARNINGS
Guests affected by any intolerances (food-related, to animals or of other kinds) or diseases must independently assess whether the Facility is suitable for their stay.
Management is available to provide any additional information or clarification.
For all intents and purposes, we wish to hereby point out:
- that animals are allowed at the “Capalonga” Campground (subject to the limits and conditions laid down in the relevant Regulations)
- that periodical anti-mosquito treatments are carried out at the Facility and chemical products used therein for cleaning purposes, in accordance with legal provisions.
Guests are kindly invited to elicit information from Management if they wish to know the precise products employed.
You are informed that the Authorities to contact in case of emergency are:
- Pronto Soccorso (Emergency): 118
- Facility’s Management: +39 0431438351
- Vigili del Fuoco (Fire Brigade): 115
The following Regulations aim to protect the customers’ safety and well-being, as well as the order and cleanliness of the beach next to the Campground.
Each Campground customer and guest must comply with all the rules and regulations that generally govern activity on the beaches and use of the equipment, and also comply with the Order Regulating Beach Activities and Seaside Safety issued by the competent Authorities, in force at the tourist locality of Bibione.
Said measures are adequately publicised by displaying them at the Beach entrance.
The attention of customers and guests is drawn to the points set out hereunder.
1. The beach service is charged for, unless otherwise indicated on the booking confirmation. When charged for, it may be purchased at the time of booking or directly at the Campground.
2. In order to use the service, you must approach Management to be issued with a special Voucher, to be produced whenever demanded by the relevant staff. The Voucher issued is not refundable and may not be assigned to third parties. The customer must guard and carry on himself the Voucher proving his right to utilise the beach services, for him to be able to produce it to the controlling Staff.
3. No beach chairs or camp beds may be taken from other beach spots.
4. Adjacent beach spots may not be occupied with beach chairs or camp beds from the allocated beach spot.
5. Sports activities and games (volleyball, football, bowls, etc.) are only allowed in the areas behind the umbrellas, while taking care not to disturb other customers and guests. The Company disclaims any liability for damages to things or persons caused by the activities undertaken by customers and guests under their exclusive responsibility.
6. For safety reasons, only holes of moderate size may be dug. They may not be left unattended and must always be covered.
7. Children must play games in the presence of their parents or the adult persons in whose custody they are. Management disclaims any liability for any improper use of equipment. We recommended not to climb on any game facilities wet by rain.
8. It is forbidden to place umbrellas, deckchairs, watercrafts or other objects that hinder transit and bathing in the beachfront area within 5 metres from the water edge. If beach establishments are present, the prohibition further extends beyond the five metres from the water edge up to the first row of umbrellas.
9. It is forbidden to throw rubbish on the beach.
10. It is forbidden to light fires on the beach. Offenders will be reported to the competent Authorities.
11. In compliance with the legislative provisions in force, the Company carries out rescue and first aid activities, consistently with the provisions of the Municipal Order Regulating Beach Activities.
12. Meaning of the flag exhibited: BLUE: rescue service active and weather conditions ideal and safe for bathing; YELLOW: NB! Reduced rescue service. – Bathing permitted; RED: danger or lack of rescue service! – Bathing discouraged.
13. If the conditions of the sea are deemed dangerous or dangerous situations prevail, the red flag will be hoisted. Once that signal is given, bathing is discouraged and the Facility disclaims any liability vis-à-vis those who fail to abide by such warning.
14. On very windy days, the beach umbrellas must be kept strictly closed, and customers and guests must attend to that. Each customer, in those circumstances, must comply with the instructions issued by the beach staff. Given the potentially dangerous situation, you are advised not to stay on the beach when weather conditions are not ideal.
15. Customers must abide by the provisions set out in these Regulations, in the Orders of the Municipality and the Port Authority, and in the Municipal Regulations on use of Maritime State Property, as well as by any other provision issued by the competent Authorities. Failure to comply with said rules will entail the offender’s removal from the facility.
You are recommended not to leave money, valuables in general, clothes, toys, air mattresses and any other personal object unguarded. The Facility is not liable for objects and/or materials belonging to customers and guests damaged or stolen within the beach area.
Each Campground customer and guest must comply with all the rules and regulations that generally govern activity on the beaches and use of the equipment, and also comply with the Order Regulating Beach Activities and Seaside Safety issued by the competent Authorities, in force at the tourist locality of Bibione.
Said measures are adequately publicised by displaying them at the Beach entrance.
The attention of customers and guests is drawn to the points set out hereunder.
1. The beach service is charged for, unless otherwise indicated on the booking confirmation. When charged for, it may be purchased at the time of booking or directly at the Campground.
2. In order to use the service, you must approach Management to be issued with a special Voucher, to be produced whenever demanded by the relevant staff. The Voucher issued is not refundable and may not be assigned to third parties. The customer must guard and carry on himself the Voucher proving his right to utilise the beach services, for him to be able to produce it to the controlling Staff.
3. No beach chairs or camp beds may be taken from other beach spots.
4. Adjacent beach spots may not be occupied with beach chairs or camp beds from the allocated beach spot.
5. Sports activities and games (volleyball, football, bowls, etc.) are only allowed in the areas behind the umbrellas, while taking care not to disturb other customers and guests. The Company disclaims any liability for damages to things or persons caused by the activities undertaken by customers and guests under their exclusive responsibility.
6. For safety reasons, only holes of moderate size may be dug. They may not be left unattended and must always be covered.
7. Children must play games in the presence of their parents or the adult persons in whose custody they are. Management disclaims any liability for any improper use of equipment. We recommended not to climb on any game facilities wet by rain.
8. It is forbidden to place umbrellas, deckchairs, watercrafts or other objects that hinder transit and bathing in the beachfront area within 5 metres from the water edge. If beach establishments are present, the prohibition further extends beyond the five metres from the water edge up to the first row of umbrellas.
9. It is forbidden to throw rubbish on the beach.
10. It is forbidden to light fires on the beach. Offenders will be reported to the competent Authorities.
11. In compliance with the legislative provisions in force, the Company carries out rescue and first aid activities, consistently with the provisions of the Municipal Order Regulating Beach Activities.
12. Meaning of the flag exhibited: BLUE: rescue service active and weather conditions ideal and safe for bathing; YELLOW: NB! Reduced rescue service. – Bathing permitted; RED: danger or lack of rescue service! – Bathing discouraged.
13. If the conditions of the sea are deemed dangerous or dangerous situations prevail, the red flag will be hoisted. Once that signal is given, bathing is discouraged and the Facility disclaims any liability vis-à-vis those who fail to abide by such warning.
14. On very windy days, the beach umbrellas must be kept strictly closed, and customers and guests must attend to that. Each customer, in those circumstances, must comply with the instructions issued by the beach staff. Given the potentially dangerous situation, you are advised not to stay on the beach when weather conditions are not ideal.
15. Customers must abide by the provisions set out in these Regulations, in the Orders of the Municipality and the Port Authority, and in the Municipal Regulations on use of Maritime State Property, as well as by any other provision issued by the competent Authorities. Failure to comply with said rules will entail the offender’s removal from the facility.
You are recommended not to leave money, valuables in general, clothes, toys, air mattresses and any other personal object unguarded. The Facility is not liable for objects and/or materials belonging to customers and guests damaged or stolen within the beach area.
Animals are allowed entry only in the “Capalonga” Campground.
Entry is currently limited to dogs (subject to express exemptions that may be granted exclusively by Management at its discretion).
Dogs are welcome in the facility, but they must not cause any inconvenience to the other guests, and the following specific rules will also have to be complied with:
Article 1 – Entry to the Facility is only allowed to small- to medium-size dogs (save for express exemptions granted by Management). No entry is allowed to dogs belonging to races deemed dangerous as listed in the annex to the Order of 12 December 2006 published on the Official Gazette No. 10 of 13 January 2007 and specified hereunder: American Bulldog, Charplanina Shepherd Dog, Anatolian Shepherd Dog, Central Asian Shepherd Dog, Caucasian Shepherd Dog, Serra da Erstreilla Dog, Argentine Mastiff (Dogo), Fila Brazileiro, Neapolitan Mastiff, Perro da canapo Majoero, Perro da presa canario, Perro da presa Mallorquin, American Pit Bull Terrier, Pit Bull mastiff, Pit Bull Terrier, Rafeiro do Alentejo, Rottweiler, and Tosa inu.
Article 2 – Dogs may only enter the rest areas and the accommodation units* earmarked for them – up to a maximum 2 animals per rest area/accommodation unit - and the specific campground areas*, indicated on the relevant map.
Article 3 – The presence of animals and their number must be reported at the time of booking as well as on arrival at the Facility, so that the campground staff might conduct the necessary checks;
Article 4 – At reception, a small map is handed where the areas and routes set aside for dogs are highlighted;
Article 5 – During check-in, the animals must be accompanied by the pet health ID card duly proving the required vaccinations and must be identifiable and recognisable by microchip or tattoo. They must also have been duly subjected to preventive care against the main parasitic and infectious diseases (canine distemper, leptospirosis and parvovirus). Any irregularity must be reported to the competent Authority;
Article 6 - Only animals on a leash (maximum length 1.50. – Ministerial Order of 03/03/2009 and subsequent ones) are allowed entry. The dogs must wear the flea collar or an equivalent anti-parasite device, as well as a stiff or soft muzzle to use if need be or purely upon request;
Article 7 – It is forbidden to leave the animals unattended both inside and outside the accommodation units and the mobile overnight accommodations of the campground guests;
Article 8 - The dogs must exclusively follow the routes indicated on the campground plan and may not transit through or traverse other areas of the facility. It is strictly forbidden to bring the animals into the common areas, such as bars, restaurants, swimming pools and toilets;
Article 9 - The presence of animals on the sandy shore is not allowed at present, pursuant to order issued by the competent Authority (order no. 42/2012 of the Maritime State Property Service of the Municipality of San Michele al Tagliamento);
Article 10 - Dogs must be accompanied to the area designated for their physiological needs. Solid excrements must be removed at once with a special bag, while liquid ones must be washed away with plenty of water;
Article 11 - Biodegradable bag dispensers are available inside the facility and along the indicated routes to pick up the excrements to be inserted in the appropriate containers;
Article 12 - The animals must not disturb the other guests. Noisy dogs that growl or bark will not be allowed to stay at the campground;
Article 13 – It is the owners’ duty to ensure utmost compliance with the hygiene and health rules during the animal’s stay at the campground;
Article 14 – The dog’s owner and to the person who brought the animal into the Facility will be exclusively liable for any damages caused by the animals to third parties and to facilities;
Article 15 – Management reserves the right to remove at once from the campground the Guests who breach the provisions of these Regulations;
Article 16 – Customers are kindly reminded that the occupation of accommodation units with animals entails an extra charge of € 40.00 to clean and sanitise the accommodation itself;
Article 17 – At the end of the stay, the accommodation units where animals are present must be evacuated one hour ahead of the scheduled time, so as to enable cleaning and sanitising procedures to be carried out.
Entry is currently limited to dogs (subject to express exemptions that may be granted exclusively by Management at its discretion).
Dogs are welcome in the facility, but they must not cause any inconvenience to the other guests, and the following specific rules will also have to be complied with:
Article 1 – Entry to the Facility is only allowed to small- to medium-size dogs (save for express exemptions granted by Management). No entry is allowed to dogs belonging to races deemed dangerous as listed in the annex to the Order of 12 December 2006 published on the Official Gazette No. 10 of 13 January 2007 and specified hereunder: American Bulldog, Charplanina Shepherd Dog, Anatolian Shepherd Dog, Central Asian Shepherd Dog, Caucasian Shepherd Dog, Serra da Erstreilla Dog, Argentine Mastiff (Dogo), Fila Brazileiro, Neapolitan Mastiff, Perro da canapo Majoero, Perro da presa canario, Perro da presa Mallorquin, American Pit Bull Terrier, Pit Bull mastiff, Pit Bull Terrier, Rafeiro do Alentejo, Rottweiler, and Tosa inu.
Article 2 – Dogs may only enter the rest areas and the accommodation units* earmarked for them – up to a maximum 2 animals per rest area/accommodation unit - and the specific campground areas*, indicated on the relevant map.
Article 3 – The presence of animals and their number must be reported at the time of booking as well as on arrival at the Facility, so that the campground staff might conduct the necessary checks;
Article 4 – At reception, a small map is handed where the areas and routes set aside for dogs are highlighted;
Article 5 – During check-in, the animals must be accompanied by the pet health ID card duly proving the required vaccinations and must be identifiable and recognisable by microchip or tattoo. They must also have been duly subjected to preventive care against the main parasitic and infectious diseases (canine distemper, leptospirosis and parvovirus). Any irregularity must be reported to the competent Authority;
Article 6 - Only animals on a leash (maximum length 1.50. – Ministerial Order of 03/03/2009 and subsequent ones) are allowed entry. The dogs must wear the flea collar or an equivalent anti-parasite device, as well as a stiff or soft muzzle to use if need be or purely upon request;
Article 7 – It is forbidden to leave the animals unattended both inside and outside the accommodation units and the mobile overnight accommodations of the campground guests;
Article 8 - The dogs must exclusively follow the routes indicated on the campground plan and may not transit through or traverse other areas of the facility. It is strictly forbidden to bring the animals into the common areas, such as bars, restaurants, swimming pools and toilets;
Article 9 - The presence of animals on the sandy shore is not allowed at present, pursuant to order issued by the competent Authority (order no. 42/2012 of the Maritime State Property Service of the Municipality of San Michele al Tagliamento);
Article 10 - Dogs must be accompanied to the area designated for their physiological needs. Solid excrements must be removed at once with a special bag, while liquid ones must be washed away with plenty of water;
Article 11 - Biodegradable bag dispensers are available inside the facility and along the indicated routes to pick up the excrements to be inserted in the appropriate containers;
Article 12 - The animals must not disturb the other guests. Noisy dogs that growl or bark will not be allowed to stay at the campground;
Article 13 – It is the owners’ duty to ensure utmost compliance with the hygiene and health rules during the animal’s stay at the campground;
Article 14 – The dog’s owner and to the person who brought the animal into the Facility will be exclusively liable for any damages caused by the animals to third parties and to facilities;
Article 15 – Management reserves the right to remove at once from the campground the Guests who breach the provisions of these Regulations;
Article 16 – Customers are kindly reminded that the occupation of accommodation units with animals entails an extra charge of € 40.00 to clean and sanitise the accommodation itself;
Article 17 – At the end of the stay, the accommodation units where animals are present must be evacuated one hour ahead of the scheduled time, so as to enable cleaning and sanitising procedures to be carried out.
RECITALS
The Company is the licensee of the stretch of water, part of maritime State property, fronting the lagoon side (along Canale dei Lovi) of the CAPALONGA Campground situated in San Michele al Tagliamento (Ve) locality Bibione Pineda – Via della Laguna no. 16.
Said stretch of water is equipped with jetties set aside for the mooring of boats/pleasure crafts, which are allocated for use to the Campground customers pursuant to temporary individual agreements during the summer season, on the terms specified hereunder.
The user of the mooring must strictly comply with all the prescriptions governing use of the Facility (Campground), as laid down in the relevant Regulations (Booking Regulations; General Regulations of the Facility; Beach Service Regulations; Regulations on Animals) which the Customer declares to be acquainted with and undertakes to abide by.
GENERAL TERMS AND CONDITIONS
Article 1 – Subject-matter of the agreement
The Company temporarily grants to the Customer, as per these General Terms and Conditions and the provisions of the General Regulations set out hereunder, use of the mooring indicated in the “booking confirmation”.
By signing the “booking confirmation”, the Customer represents that he knows and accepts the mooring allocated to him, deeming it suitable for the berthing of the boat indicated in the “booking confirmation”, which alone will be able to make use thereof.
The measures declared by the Customer are warranted by him/her as being consistent with those actually adopted and are deemed to refer to the maximum bulk of the boat/watercraft (all of that also including whatever protrudes from the hull both length- and width-wise, such as pulpits, battalion, bowsprit, sterndrives, davits, aft deck, outboard motors, etc., and any other protrusion).
Due to organisational needs of the berthing or pursuant to provisions of the Maritime Authority, the Company can place at the Customer’s disposal a different mooring having similar characteristics to the one indicated in the “booking confirmation”, along with the Customer’s waiver of any complaint or claim in that regard.
Services and supplies not expressly stipulated herein will be excluded from the subject-matter of this agreement.
Article 2 – Duration of the agreement – Arrival and Departure – Obligations to vacate the mooring at the end of the agreement – Delay and consequences
The agreement will last for the period indicated in the “booking confirmation”.
The Customer shall take delivery of the mooring from 15h00 to 18h00 on the date of his/her arrival, and shall redeliver it (free and empty of persons and things) by 12h00 on the date of his/her departure, after complying with the relevant formalities during opening hours of the Campground’s Reception Office.
Upon the expiry of its term, the agreement will cease automatically without any need for a formal notice of cancellation. Any extension of its term or conclusion of a new agreement will be dealt with in a separate written agreement between the parties.
From date of expiry of the agreement and for any day (or portion of day) of delay in vacating and redelivering the mooring, the Customer shall pay to the Company the daily mooring rate set out in the price list in force.
The effectiveness of this agreement is conditional on the effectiveness of the concession of maritime State property mentioned in the recitals, with the result that should said concession fall away or be revoked on any ground, the effectiveness of this agreement, too, will fall away, and the Customer will not be entitled to press any claim against the Company to obtain refunds or compensations, save for the part of fee/rental already paid, which will be refunded to him proportionately to the shorter term of the agreement.
Article 3 – Fee – Delayed payment and consequences
Unless otherwise agreed upon in the “booking confirmation”, the fee will be settled at the latest by the effective date of the contractual relationship.
If payment of the fee is delayed, interest at the annual rate of 8% will automatically be charged without the need for any formal notice of default.
Failure to pay the fee by the stipulated deadline will additionally entail, again without the need for any formal notice of default, the termination of the agreement by law in accordance with Article 1456 of the Italian Civil Code, subject to the Company’s right to institute action with a view to recovering the full fee agreed upon and/or being compensated for damages.
It is likewise understood – the Customer hereby granting his/her consent to that end – that in case of failure to pay the Company may take in pledge and/or in any event exercise a lien over the moored boat and over the other assets brought by the Customer to the Facility, along with the right to transfer the boat and the other assets to the ground pursuant to the rules laid down for sale of the pledge, being entitled to satisfy its claim from the proceeds for the full amount of its credit (plus interest and costs), whereas any residual amount will be returned to the owner of the assets. The Customer hereby consents to the above and exempts the Company from any civil or criminal liability arising from execution of the abovementioned transactions.
Article 4 – Identification of Customers and fulfilment of Public Security obligations
On arrival at the Facility, the Customers must attend at the Company’s Offices to fulfil the identification and entry formalities and to sign the original mooring agreement (unless already done before). Reference should be made to the provisions of the General Regulations of the Facility.
Any visitors are only admitted pursuant to Management’s authorisation.
Overnight stay inside the mooring units is prohibited.
Article 5 – Exclusion of safekeeping
This agreement does not entail the Company incurring any safekeeping task or obligation in respect of the watercrafts and associated equipment and accessories, or any other assets belonging to the Customer, who remains the sole possessor and custodian of the assets themselves.
Any liability of the Company for possible damages arising (inter alia) from fire, intentional misconduct and acts of vandalism by third parties, thefts, weather and marine weather events, events of force majeure, etc. is expressly excluded.
Any takeover of the boat, and incurring of the resultant safekeeping obligations by the Company, shall have to be expressly agreed upon by the parties in writing, failing which it will be invalid (the handover of the keys to Staff or to Management not amounting to that, for the same – if handed in by the Customer – will be received by the Company merely for the Customer’s convenience or to enable interventions, including emergency ones, which the Company will be entitled to carry out for safety purposes or for a better management of the moorings; likewise, the supervision/monitoring service exclusively concerns a general activity on the facilities and on compliance by Users with rules of conduct, without any obligation of specific supervision over the boats and the persons using them, excluding in any event any safekeeping duty and resultant liability of the Company).
Even in case of takeover of the watercraft (in the manner referred to above), the safekeeping will in any event be deemed limited to the unit in its essential structure, the Customer being obliged to remove beforehand items, money and/or other valuables inside it (as well as equipment and accessories forming part of the boat itself – including but not limited to engines, sails, tenders, equipment, safety devices, etc. - , unless they are items expressly delivered by the Customer to the Company for safekeeping, along with simultaneous signature of ad hoc minutes, with the exclusion of any liability of the Company for misappropriations, losses or deteriorations of any items left by the User at his/her own risk and danger inside the boat.
Article 6 – Insurance
The watercraft must be adequately insured with a primary insurance company as cover for liability for damages caused to third parties during this contractual relationship, including damages to other boats and to the persons in charge thereof or transported on them, as well as damages to the Company’s equipment and installations and to the staff, not limited to employees, serving at the Facility in any capacity, for a coverage cap not less than the legal minimum per claim.
On request, copy of the policy shall be delivered to the Company, which reserves the right to remove from the mooring the boats not covered by adequate insurance.
Article 7 – Prohibition of sub-letting and/or assignment of the agreement
Without the Company’s written consent, the Customer may not sub-let to third parties, not even temporarily, the mooring referred to in this agreement or assign to third parties the agreement itself and the rights arising from it.
Any indulgence by the Company will not amount to acceptance of the supervened sub-lease or assignment.
Breach of the prohibition of sub-letting and/or assignment will entail the termination by law of the agreement in accordance with Article 1456 of the Italian Civil Code.
The mooring right is strictly personal, and may only be exercised by the Customer in respect of the boat indicated in the “booking confirmation”.
If the mooring is not utilised, the Customer will not be entitled to demand any refunds.
Article 8 –Additional obligations of the Customer
By signing the agreement and/or the “booking confirmation”, the Customer:
a) represents that he knows and accepts the Regulations that govern the Facility (Booking Regulations; General Regulations of the Facility; Beach Service Regulations; Regulations on Animals; Regulations on Use of the Moorings serving the Campground) and undertakes to fully comply with their provisions (including any future amendments the Company or the Maritime Authority might introduce thereto for a better management of the Facility and of the licensed stretch of water);
b) acknowledges that every handling operation relating to the watercraft and its mooring are entrusted exclusively to the Customer, who incurs all associated liabilities also in respect of weather events and attendant consequences. Any interventions by the Company aimed at avoiding greater damages to the boats or to other assets of the Users (e.g., replacement or reinforcement of the berths, retrieval of the boats on the land, etc.) will be purely discretional and will entail no obligation or liability resting on the Company. The costs of any such emergency interventions will be charged to the Customer;
c) undertakes to comply with all the maritime rules about mooring, especially as regards use of suitable fenders and berthing techniques (compliance with traffic rules, use of ropes and/or the like, suitability of the mooring based on weather-marine weather changes, etc.);
d) acknowledges that the Customer remains solely liable for any damage caused to third parties by things, persons and installations on any ground hosted inside the watercraft or brought into the Facility;
e) represents and warrants that he/she is in possession of all the authorisations, the personal qualifications and the certifications prescribed by the applicable law for use of the boat/watercraft and for its navigation;
f) represents and warrants that the boat complies with legal requirements;
g) undertakes to timely notify the Company of any deeds of sale of the boat, reflagging, seizure orders or orders establishing other restrictions on the boat, etc.
Article 9 – Ownership of the watercrafts:
The person who signs the booking confirmation warrants that he is the owner of the watercraft, or in any event that he is acting in the name and on behalf of the owner within the scope of the powers conferred by him/her, coupled with the commitment – in the latter instance – to cause the agreement to be signed by the owner as well, as soon as possible and in any event before the scheduled effective date of the contractual relationship.
In any case, the person who signs the booking confirmation incurs on a personal basis as well all the obligations stemming from the conclusion of the agreement.
Without prejudice to the obligations personally incurred by the signing person, the Company reserves the right to rely on the ineffectiveness of the agreement and/or demand its cancellation in case the agreement is not signed by the actual owner of the asset as well.
Article 10 – Hauling, launching, launching cradle placement and/or pulling operations
If the User intends commissioning to the Company the hauling, launching, launching cradle placement and/or pulling operations of the watercraft (in return for payment of a specific fee), he/she shall provide every precise technical information on the position of instruments, facilities and organs protruding from the hull or any other object that might be damaged during the aforementioned operations, the Company being exempted from any liability for damages that might possibly arise in the course of such operations.
To ground the unit (wherever agreed upon with the Company, along with signature of a separate agreement and stipulation of an independent fee), the user shall personally provide the necessary launching cradle, warranting its consistency with the characteristics of his/her own unit, as well as its good state and efficiency, incurring every burden and liability to that end.
Article 11 – Termination
The agreement will terminate by law in accordance with Article 1456 of the Italian Civil Code in the following instances:
a) failure to pay the fee by the stipulated deadline;
b) assignment of use of the mooring, temporarily as well, to third parties;
c) false and/or inaccurate declarations about the specifications of the moored boat/watercraft;
d) lack of adequate insurance cover;
e) breach of the provisions of the General Regulations of the Facility and/or the Regulations on Use of the Moorings serving the Campground.
This agreement will likewise lose effectiveness if the concession of maritime State property mentioned in the recitals falls away.
Article 12 – Obligations stemming from termination of the agreement
Wherever the legal effects of this agreement come to an end (due also to the expiry of its term), the Customer shall vacate the mooring occupied at once and arrange its redelivery to the Company.
For each subsequent day of occupation, the Customer shall pay to the Company the daily mooring rate set out in the price list in force, subject to compensation for any further damages.
On the same ground, the Company will be entitled to see to the removal of the boat and shelter it on the ground or elsewhere (even outside the area entrusted to the Facility), charging to the Customer any associated cost (hauling, parking and/or safekeeping) in accordance with the applicable rates, once fifteen days have elapsed from termination of the effectiveness of the agreement and without any need for prior notice or formal notice of default.
Article 13 – Court with jurisdiction
Jurisdiction over any dispute arising from this agreement is vested exclusively in the Courts of the place where the Company’s registered office is situated (save where a peremptory legislative provision has stipulated recourse to a different Court).
Article 14 – Applicable law
The relationship between the Company and the Customer is governed by Italian law.
Article 15 – Notices and address for service
For the purpose of implementing this agreement and for any notice or communication that might become necessary, including service of judicial documents, the Company elects as its address for service its own registered office and the Customer elects the address set out in the booking confirmation.
The Customer binds himself/herself to notify the Company with utmost promptness of any changes of address.
REGULATIONS ON THE USE OF MOORINGS
1) SUBJECT-MATTER OF THESE REGULATIONS:
These Regulations govern the way moorings are used and the conduct to be adhered to inside the Facility, again as regards use of the moorings.
2) BINDING NATURE OF THE REGULATIONS AND PUBLICATION THEREOF:
These Regulations (and the future amendments the Company and the Maritime Authority might deem it fit to introduce to manage the Facility and the moorings better) is binding on whoever enters the Facility and utilises, on a purely factual basis as well, the moorings and the other equipment.
The Company warrants adequate publicity to these Regulations, which are displayed at the offices of the Facility’s Management and copy of which will be handed to any interested person who might request it.
Similar publicity will also be given to any future amendments to the Regulations.
Anyone entering the Facility and the moorings must peruse these Regulations as well as notices and reports generally, from the competent Authorities as well, displayed at the offices of the Facility’s Management, and furthermore comply with the relevant prescriptions, incurring exclusive and direct liability for his/her own negligence and omissions.
The User must cause these Regulations (and future amendments thereto) and the prescriptions issued by the Maritime Authority to be also complied with by his/her family members and guests and by any person brought inside the Facility and to the moorings, as well as by all the members of his/her crew.
Without prejudice to the measures that might be adopted by the competent Authority, failure to comply with the provisions of these Regulations will amount to serious breach by the User, and might give rise to the cancellation of the agreements underway, subject to compensation for damages caused to the Company.
3) IDENTIFICATION OF MOORINGS:
The moorings are pointed out by specific signage.
Management keeps at its office a specific updated printout setting out the names of the persons entitled to a mooring and the data identifying the respective watercrafts.
Users must timely notify the Company of any deeds of sale of the watercraft, reflagging, seizure orders or orders establishing other restrictions on the watercraft, etc.
Each User may only use the mooring allocated to him/her.
Docking is only allowed at the mooring of the watercraft indicated by the User at the time of booking and/or registration.
The measurements of the watercraft are declared by the User under his/her own responsibility and are deemed to refer to the maximum bulk of the boat/watercraft (all of that also including whatever protrudes from the hull both length- and width-wise, such as pulpits, battalion, bowsprit, sterndrives, davits, aft deck, outboard motors, etc., and any other protrusion).
4) REFERENCE TO THE CONTRACTUAL PROVISIONS IN FORCE WITHIN THE FACILITY:
The Company places at the User’s disposal, for a fee and on a temporary basis, one or more moorings, subject to prior signature of an ad hoc agreement, on the specific terms and conditions (relating to subject-matter, duration, fee, etc.) set out in the agreement itself, to be supplemented by the provisions of the General Terms and Conditions.
The text of the General Terms and Conditions intended to govern the relationships with Users is given adequate publicity and is available at the offices of the Facility’s Management.
It should be borne in mind, by way of illustration:
– that the concession for use concerns the mooring indicated in the agreement for the duration and for the fee expressly agreed upon, subject to the Company’s right to make available to the User a mooring having similar characteristics to the one indicated in the agreement. Services and/or supplies not expressly indicated are excluded;
– that by signing the agreement the User represents that he is acquainted with and accepts the mooring allocated to him/her and that he/she deems it suitable for his/her own needs, incurring exclusive liability for the correctness of the data and information provided to Management at the time of signing the agreement;
– that the mooring is granted for use in respect of specific periods, with automatic termination on expiry thereof and excluding any tacit renewal;
– that in the event of delay in vacating the mooring upon the expiry of the agreement, or if the contractual relationship is terminated on any ground, the daily mooring Rates in force at the Facility will become due. The Rates are displayed at the offices of the Facility’s Management and duly publicised within the Facility itself;
– that in the event of failure to pay the fees due for the berthing, the Company will be entitled to take in pledge and/or exercise a lien over the moored watercraft and the other assets on the berthed watercraft as well as those brought by the User inside the Facility;
– that the Company limits itself to making the indicated mooring available to the User, without taking on any safekeeping obligation and resultant liability; any handover of the keys to the Facility’s Staff will be received by the Company merely for the Customer’s convenience or to enable interventions aimed at improving the safety and management of the moorings, without amounting to the acceptance of a safekeeping obligation (to be expressly stipulated in writing in exchange for payment of a specific fee); even where a safekeeping obligation is incurred, the same will be deemed limited to the watercraft in its essential structure, subject to the User’s obligation to remove appurtenances, equipment and removable parts in general and the exclusion of any liability of the Company for loss or damage to any assets not removed;
– that the User is solely responsible for berthing and handling the watercraft;
– that the liability of the Facility is excluded, inter alia, for any damages arising from fire, intentional misconduct and negligent acts by third parties, thefts, weather and marine weather events, events of force majeure, etc.;
– that the User retains exclusive liability for any damage caused to third parties by things, persons and installations hosted on any ground inside the watercraft or brought into the Facility;
– that the watercraft must be covered by adequate third party liability insurance and that the Company reserves the right to remove from the Facility the watercrafts not covered by adequate insurance;
– that the mooring right is strictly personal and may not be assigned or on any ground licensed or sub-licensed for use to third parties.
5) ENTRY IN THE FACILITY:
When entering the Facility with his/her watercraft, the User shall approach the offices of Management to sign the mooring agreement (unless he/she had already done it before) and comply with the additional legal obligations.
Use of the moorings is forbidden to anyone who has not duly signed the mooring agreement.
Unless otherwise stipulated by Management, the moorings are reserved for the Campground guests.
6) FEE:
The mooring fee is the one evinced by the Rates in force, duly displayed at the offices of the Facility’s Management.
Any person who makes use, on a factual basis as well, of the mooring, accepts those Rates and is bound to pay the Daily mooring Rate for each day (or portion of day) of berthing.
7) FAILURE TO PAY THE FEE:
In each instance of failure to pay the fees due for berthing, the Company will be entitled to take in pledge and/or exercise a lien over the moored watercraft and the other assets on the berthed watercraft as well as those brought by the User inside the Facility.
In each instance where the right of pledge and/or lien is exercised, the Company will be entitled to move the watercraft or the other assets under pledge and lien onto the ground, outside the Facility as well.
8) PERSONAL NATURE OF THE MOORING RIGHT:
Use of the mooring is strictly personal and non-transferable, and the mooring right may be exercised only in respect of the watercraft indicated in the mooring agreement. Under no circumstances may the User claim refunds for failure to use the mooring.
9) CHANGE OF MOORING AND GROUNDING OF THE BOAT:
The Company reserves the right to change the position of the mooring, to temporarily ground the watercraft, and to implement anything else assisting the improved operation and safety of the moorings and the Facility (due in particular to weather conditions, safety reasons, maintenance works, operational needs, demonstrations, sports events or kindred instances, or to instructions issued by the Public Authority).
The mooring fee will be owed by the User even where the watercraft is retrieved on the land, unless the parties have stipulated otherwise in specific written agreements (for the application of different Rates).
10) LIABILITY FOR THE CONDITION AND USE OF THE WATERCRAFT:
The User represents and warrants that the watercraft complies with legal prescriptions and warrants to be in possession of all the authorisations laid down for its use.
The User bears sole and exclusively liability for due compliance with all relevant legal obligations.
The watercraft must be kept in a decent and well conserved state, and must also be perfectly efficient in terms of safety and in line with the prescriptions laid down to that end by the competent Authorities and by Management, so as not to represent a danger for itself and for the other watercrafts.
If said prescriptions are breached, the Company (besides being able to inform the competent Authority for it to adopt the most appropriate measures, and besides being able to demand the removal of the watercraft from the Facility) will be entitled – by first giving notice to the User – to directly remove the watercraft (grounding it and retrieving it even outside the Facility) or directly carry out the positioning and retrieval works, in both instances charging all related costs to the User.
In urgent cases, the Company may directly intervene on the watercraft in order to position and/or retrieve it, without the need to notify the User first.
All other entitlements and rights of the Company remain unaffected.
11) INSURANCE FOR THE WATERCRAFT:
Every boat/watercraft brought inside the Facility must be adequately insured with a primary insurance company as cover for liability for damages caused to third parties during the permanence and handling within the Facility and the mooring, including damages to other watercrafts and to the persons in charge thereof or transported on them, as well as damages to the Company’s equipment and installations and to the staff, not limited to employees, serving at the Facility in any capacity, for a coverage cap not less than the legal minimum per claim. On request, copy of the third party liability insurance policy shall be produced to the Company, which reserves the right to remove from the mooring and from the Facility the boats not covered by adequate insurance (or whose insurance cover has not been proved).
12) LIABILITY FOR THE MOORING:
The User must personally berth the watercraft in the mooring allocated to him/her, using his/her own cables and ropes. He/she bears sole and exclusively liability for the way the mooring is carried out and for the efficiency and adequacy of the docking means employed. In case of prolonged absence, the User must make sure that the mooring cables are sufficiently solid. For safety reasons, the Company’s staff will have the right (but in any event not the obligation) to position the mooring, charging the related costs to the User.
13) REQUIREMENTS FOR MOORING AND POSITIONING THE WATERCRAFTS:
All watercrafts are forbidden to drop the anchors, save in cases of force majeure.
The watercrafts must be moored exclusively to the docking rings or bollards and to the dolphins, and the User and, generally, any person making use thereof, are liable for any damage caused to them.
The docking must take place with ropes and cables belonging to the User with an adequate diameter and in excellent state, to be fastened onto the dolphins with floats that facilitate their sliding during tidal changes and to the docking rings or bollards on the quay.
Efficient fenders must be placed on the sides of the watercrafts, fitting the size of the watercraft and in sufficient number to avoid damages to one’s own and to the other watercrafts.
Lateral mooring will only be allowed by prior approval of the Facility’s Management.
In case of temporary and brief absence from the watercraft, the gangway must be retracted or lifted, whereas, in case of prolonged absence, it must be fully retracted.
At night the gangways must be suitably lighted.
Every User is liable for the safety of the mooring and for any associated consequence.
14) OBLIGATION TO COMPLY WITH LEGISLATIVE PRESCRIPTIONS AND THOSE ISSUED BY MANAGEMENT:
The User must strictly comply with the law, the rules laid down in these Regulations, the regulations governing the administrative regime of ships, the Customs, police and security Regulations, as well as with the instructions issued by the Facility’s Management, and is liable, under both criminal and civil law, for the breaches committed. He/she must additionally deploy all suitable measures to protect his/her own things from thefts, damages and the like.
15) EXCLUSION OF SAFEKEEPING:
The Company will not incur any safekeeping obligation over the moored watercrafts, not even in case of handover of the keys, which will be received and accepted by the Facility’s Staff merely for the User’s convenience or to enable interventions (including emergency ones) aimed at improving the safety and management of the moorings.
Any safekeeping obligation is likewise excluded in the event that the watercraft is grounded.
Any safekeeping obligation will have to be expressly stipulated in writing in exchange for payment of a specific fee.
Even where a safekeeping obligation is incurred, the same will be deemed limited to the watercraft in its essential structure, subject to the User’s obligation to remove appurtenances, equipment and removable parts in general (including, but not limited to, engines, sails, tenders, equipment, safety devices, etc.) and the exclusion of any liability of the Company for loss or damage thereto, wherever such assets are left on board at the User’s own risk and danger.
16) EXCLUSION OF LIABILITY FOR DAMAGES AND THEFTS:
The Company is not liable for damages suffered by the watercraft arising from the unsuitable nature of the mooring and from adverse weather conditions. The Company is not liable for any thefts that might take place on the land, on jetties, quays and parking areas, as well as on board or inside the watercrafts. It is likewise not liable for any damage caused to persons and things inside the mooring area by persons other than its own employees.
17) MANOEUVERING AND HANDLING THE WATERCRAFTS INSIDE THE HARBOUR:
All the manoeuvres inside the mooring must be carried out strictly in compliance with the instructions issued by Management, which may instruct the moorings to be moved around and shifted wherever it proves necessary or appropriate.
If the User or his/her appointees are absent (or in case of refusal), the Company may see to the task directly through its own staff, charging the relevant costs to the User.
For the sake of a better management of the Facility and the moorings and in any emergency (due, e.g. to adverse weather conditions), the Company will have the right (in any event not the obligation) to carry out all the manoeuvres required for the safety of the mooring and the watercrafts, as well as to shift the watercraft from the mooring, including through its retrieval on the land.
Said interventions will not entail any safekeeping of the watercraft and the assets retrieved inside it.
18) PROHIBITION OF OVERNIGHT STAY:
Overnight stay inside the watercrafts moored is prohibited.
19) ABSENCE IN EXCESS OF 24 HOURS:
The User who stays absent for a period exceeding 24 hours must notify the Facility’s Management thereof, indicating the departure date and hour and possibly the locality he intends to reach, as well as the expected date of return. During the absence of the boat, the mooring remains at the Company’s disposal.
20) SINKING OR OUTBREAK OF FIRE ON THE WATERCRAFT:
In case the watercraft sinks, the User is obliged – after obtaining the corresponding authorisation by the Company – to remove and dismantle the wreck and also reclaim the entire area affected, alternatively, in the event of direct intervention by the Company, to reimburse to it any charge and cost incurred in that connection.
A similar obligation exists in case of fire.
21) PROHIBITIONS:
The following is prohibited throughout the mooring area and at the entrance:
• bathing;
• scuba diving;
• any type of fishing;
• inspections of hulls;
• any engine maintenance and/or tests;
• use of acoustic signals;
• performance of noisy works or any other activity or conduct that might disturb other people’s peace;
• use of any projector or headlamp;
• all works that entail inconvenience or harassment to other Users;
• starting the propellers while the watercraft is moored, charging batteries and use of the power supply without staff.
The inspections of hulls or any underwater works or works conducted on the boats are entrusted solely to the Company, which attends to them through its own staff in compliance with safety requirements. It is forbidden to obstruct the quays, the docks and the jetties with objects, equipment and devices, or to dirty them with any material and/or product.
Management, once it has ascertained what happened, shall cause whatever has been illegally deposited to be removed or what has been soiled to be cleaned at the User’s expense and/or in any event at the expense of the person responsible for that.
22) HOURS OF SILENCE:
Silence must be adhered to from 13h30 to 15h30 and from 23h30 to 7:00 a.m. In general, outside those times as well, conduct that might disturb other guests of the Facility ought to be avoided.
23) MAXIMUM ALLOWED SPEED:
The maximum speed allowed is 3 knots (5.5 km/h) in the stretch of water and 10 km/h on land (for the vehicles allowed entry), subject to the obligation to keep the lower speeds justified in a concrete case for the sake of caution.
24) WASTE:
It is forbidden to empty bilge water, throw or abandon waste of any kind, objects, liquids, debris or the like in the berthing area, both in the water and on the quays, docks and jetties.
The Facility is equipped with special containers for differentiated collection (divided into wet section-undifferentiated section-glass, plastic and cans), which must be resorted to by Users in strict compliance with the relevant destination and with the prescriptions of the applicable law.
Any different waste may only be disposed of pursuant to prior agreement with Management.
For personal needs, the specific toilets existing on the ground must be used, unless the watercraft is fitted with special equipment to collect the on-board sewage.
25) SAFETY AND POLLUTION PREVENTION REQUIREMENTS:
Users and moored watercrafts must comply with the following requirements of a preventive and general nature:
a) in case of accidental spillage of hydrocarbons into the water or onto the quays, docks and jetties, the person in charge must di notify the Facility’s Management at once, while simultaneously deploying all the most appropriate measures to contain the damage and inform the staff of the nearby watercrafts and everyone on site. The reclamation of the affected area must be carried out by Management with its own staff, at the expense of the person in charge;
b) before starting the engine, the User must ventilate the engine compartment;
c) before mooring, each watercraft must check that there are no residues of hydrocarbon leaks in the bilge and that none of them are spilling into the water;
d) the on-board electrical systems must be in perfect working order and properly maintained;
e) in case of utmost necessity, complete lack of fuel, need for repairs, etc., the interested party, owner or firm requiring a refuelling on site must request Management’s express authorisation, regardless of the quantity in question, even if minimum;
f) the on-board compartments containing liquid gas cylinders must be adequately ventilated;
g) the fire extinguishers on board must comply with the regulations in force, be in adequate number and perfectly efficient.
h) The User is bound to always recharge the batteries under his/her personal control, alternatively, where absent, to notify the Facility’s staff thereof, to thereby deal with any possible leakages or dangerous accumulations of gas produced by charging the batteries themselves.
26) PRESCRIPTIONS APPLYING IN CASE OF FIRE:
If a fire erupts aboard a watercraft, both the persons aboard it and those aboard the nearby watercrafts shall proceed with the utmost promptness and incisiveness, as far as possible, against the fires, while simultaneously notifying by the fastest means possible (sirens, telephone, acoustic means, dispatch of staff, etc.) Management, which will see to the task of informing the Authorities and the bodies whose intervention is stipulated. Management is expressly accorded the right to immediately unmoor the unit affected by the fire and to remove it from the jetty and from the Facility.
27) EMERGENCY NUMBERS:
We inform that the Authorities to be contacted in an emergency are:
28) RADIOTELEPHONE ASSISTANCE:
The Company has a listening service on the work channel allocated by the Ministry of Communications (channel 9) and can be contacted telephonically at the numbers disclosed.
The Company is the licensee of the stretch of water, part of maritime State property, fronting the lagoon side (along Canale dei Lovi) of the CAPALONGA Campground situated in San Michele al Tagliamento (Ve) locality Bibione Pineda – Via della Laguna no. 16.
Said stretch of water is equipped with jetties set aside for the mooring of boats/pleasure crafts, which are allocated for use to the Campground customers pursuant to temporary individual agreements during the summer season, on the terms specified hereunder.
The user of the mooring must strictly comply with all the prescriptions governing use of the Facility (Campground), as laid down in the relevant Regulations (Booking Regulations; General Regulations of the Facility; Beach Service Regulations; Regulations on Animals) which the Customer declares to be acquainted with and undertakes to abide by.
GENERAL TERMS AND CONDITIONS
Article 1 – Subject-matter of the agreement
The Company temporarily grants to the Customer, as per these General Terms and Conditions and the provisions of the General Regulations set out hereunder, use of the mooring indicated in the “booking confirmation”.
By signing the “booking confirmation”, the Customer represents that he knows and accepts the mooring allocated to him, deeming it suitable for the berthing of the boat indicated in the “booking confirmation”, which alone will be able to make use thereof.
The measures declared by the Customer are warranted by him/her as being consistent with those actually adopted and are deemed to refer to the maximum bulk of the boat/watercraft (all of that also including whatever protrudes from the hull both length- and width-wise, such as pulpits, battalion, bowsprit, sterndrives, davits, aft deck, outboard motors, etc., and any other protrusion).
Due to organisational needs of the berthing or pursuant to provisions of the Maritime Authority, the Company can place at the Customer’s disposal a different mooring having similar characteristics to the one indicated in the “booking confirmation”, along with the Customer’s waiver of any complaint or claim in that regard.
Services and supplies not expressly stipulated herein will be excluded from the subject-matter of this agreement.
Article 2 – Duration of the agreement – Arrival and Departure – Obligations to vacate the mooring at the end of the agreement – Delay and consequences
The agreement will last for the period indicated in the “booking confirmation”.
The Customer shall take delivery of the mooring from 15h00 to 18h00 on the date of his/her arrival, and shall redeliver it (free and empty of persons and things) by 12h00 on the date of his/her departure, after complying with the relevant formalities during opening hours of the Campground’s Reception Office.
Upon the expiry of its term, the agreement will cease automatically without any need for a formal notice of cancellation. Any extension of its term or conclusion of a new agreement will be dealt with in a separate written agreement between the parties.
From date of expiry of the agreement and for any day (or portion of day) of delay in vacating and redelivering the mooring, the Customer shall pay to the Company the daily mooring rate set out in the price list in force.
The effectiveness of this agreement is conditional on the effectiveness of the concession of maritime State property mentioned in the recitals, with the result that should said concession fall away or be revoked on any ground, the effectiveness of this agreement, too, will fall away, and the Customer will not be entitled to press any claim against the Company to obtain refunds or compensations, save for the part of fee/rental already paid, which will be refunded to him proportionately to the shorter term of the agreement.
Article 3 – Fee – Delayed payment and consequences
Unless otherwise agreed upon in the “booking confirmation”, the fee will be settled at the latest by the effective date of the contractual relationship.
If payment of the fee is delayed, interest at the annual rate of 8% will automatically be charged without the need for any formal notice of default.
Failure to pay the fee by the stipulated deadline will additionally entail, again without the need for any formal notice of default, the termination of the agreement by law in accordance with Article 1456 of the Italian Civil Code, subject to the Company’s right to institute action with a view to recovering the full fee agreed upon and/or being compensated for damages.
It is likewise understood – the Customer hereby granting his/her consent to that end – that in case of failure to pay the Company may take in pledge and/or in any event exercise a lien over the moored boat and over the other assets brought by the Customer to the Facility, along with the right to transfer the boat and the other assets to the ground pursuant to the rules laid down for sale of the pledge, being entitled to satisfy its claim from the proceeds for the full amount of its credit (plus interest and costs), whereas any residual amount will be returned to the owner of the assets. The Customer hereby consents to the above and exempts the Company from any civil or criminal liability arising from execution of the abovementioned transactions.
Article 4 – Identification of Customers and fulfilment of Public Security obligations
On arrival at the Facility, the Customers must attend at the Company’s Offices to fulfil the identification and entry formalities and to sign the original mooring agreement (unless already done before). Reference should be made to the provisions of the General Regulations of the Facility.
Any visitors are only admitted pursuant to Management’s authorisation.
Overnight stay inside the mooring units is prohibited.
Article 5 – Exclusion of safekeeping
This agreement does not entail the Company incurring any safekeeping task or obligation in respect of the watercrafts and associated equipment and accessories, or any other assets belonging to the Customer, who remains the sole possessor and custodian of the assets themselves.
Any liability of the Company for possible damages arising (inter alia) from fire, intentional misconduct and acts of vandalism by third parties, thefts, weather and marine weather events, events of force majeure, etc. is expressly excluded.
Any takeover of the boat, and incurring of the resultant safekeeping obligations by the Company, shall have to be expressly agreed upon by the parties in writing, failing which it will be invalid (the handover of the keys to Staff or to Management not amounting to that, for the same – if handed in by the Customer – will be received by the Company merely for the Customer’s convenience or to enable interventions, including emergency ones, which the Company will be entitled to carry out for safety purposes or for a better management of the moorings; likewise, the supervision/monitoring service exclusively concerns a general activity on the facilities and on compliance by Users with rules of conduct, without any obligation of specific supervision over the boats and the persons using them, excluding in any event any safekeeping duty and resultant liability of the Company).
Even in case of takeover of the watercraft (in the manner referred to above), the safekeeping will in any event be deemed limited to the unit in its essential structure, the Customer being obliged to remove beforehand items, money and/or other valuables inside it (as well as equipment and accessories forming part of the boat itself – including but not limited to engines, sails, tenders, equipment, safety devices, etc. - , unless they are items expressly delivered by the Customer to the Company for safekeeping, along with simultaneous signature of ad hoc minutes, with the exclusion of any liability of the Company for misappropriations, losses or deteriorations of any items left by the User at his/her own risk and danger inside the boat.
Article 6 – Insurance
The watercraft must be adequately insured with a primary insurance company as cover for liability for damages caused to third parties during this contractual relationship, including damages to other boats and to the persons in charge thereof or transported on them, as well as damages to the Company’s equipment and installations and to the staff, not limited to employees, serving at the Facility in any capacity, for a coverage cap not less than the legal minimum per claim.
On request, copy of the policy shall be delivered to the Company, which reserves the right to remove from the mooring the boats not covered by adequate insurance.
Article 7 – Prohibition of sub-letting and/or assignment of the agreement
Without the Company’s written consent, the Customer may not sub-let to third parties, not even temporarily, the mooring referred to in this agreement or assign to third parties the agreement itself and the rights arising from it.
Any indulgence by the Company will not amount to acceptance of the supervened sub-lease or assignment.
Breach of the prohibition of sub-letting and/or assignment will entail the termination by law of the agreement in accordance with Article 1456 of the Italian Civil Code.
The mooring right is strictly personal, and may only be exercised by the Customer in respect of the boat indicated in the “booking confirmation”.
If the mooring is not utilised, the Customer will not be entitled to demand any refunds.
Article 8 –Additional obligations of the Customer
By signing the agreement and/or the “booking confirmation”, the Customer:
a) represents that he knows and accepts the Regulations that govern the Facility (Booking Regulations; General Regulations of the Facility; Beach Service Regulations; Regulations on Animals; Regulations on Use of the Moorings serving the Campground) and undertakes to fully comply with their provisions (including any future amendments the Company or the Maritime Authority might introduce thereto for a better management of the Facility and of the licensed stretch of water);
b) acknowledges that every handling operation relating to the watercraft and its mooring are entrusted exclusively to the Customer, who incurs all associated liabilities also in respect of weather events and attendant consequences. Any interventions by the Company aimed at avoiding greater damages to the boats or to other assets of the Users (e.g., replacement or reinforcement of the berths, retrieval of the boats on the land, etc.) will be purely discretional and will entail no obligation or liability resting on the Company. The costs of any such emergency interventions will be charged to the Customer;
c) undertakes to comply with all the maritime rules about mooring, especially as regards use of suitable fenders and berthing techniques (compliance with traffic rules, use of ropes and/or the like, suitability of the mooring based on weather-marine weather changes, etc.);
d) acknowledges that the Customer remains solely liable for any damage caused to third parties by things, persons and installations on any ground hosted inside the watercraft or brought into the Facility;
e) represents and warrants that he/she is in possession of all the authorisations, the personal qualifications and the certifications prescribed by the applicable law for use of the boat/watercraft and for its navigation;
f) represents and warrants that the boat complies with legal requirements;
g) undertakes to timely notify the Company of any deeds of sale of the boat, reflagging, seizure orders or orders establishing other restrictions on the boat, etc.
Article 9 – Ownership of the watercrafts:
The person who signs the booking confirmation warrants that he is the owner of the watercraft, or in any event that he is acting in the name and on behalf of the owner within the scope of the powers conferred by him/her, coupled with the commitment – in the latter instance – to cause the agreement to be signed by the owner as well, as soon as possible and in any event before the scheduled effective date of the contractual relationship.
In any case, the person who signs the booking confirmation incurs on a personal basis as well all the obligations stemming from the conclusion of the agreement.
Without prejudice to the obligations personally incurred by the signing person, the Company reserves the right to rely on the ineffectiveness of the agreement and/or demand its cancellation in case the agreement is not signed by the actual owner of the asset as well.
Article 10 – Hauling, launching, launching cradle placement and/or pulling operations
If the User intends commissioning to the Company the hauling, launching, launching cradle placement and/or pulling operations of the watercraft (in return for payment of a specific fee), he/she shall provide every precise technical information on the position of instruments, facilities and organs protruding from the hull or any other object that might be damaged during the aforementioned operations, the Company being exempted from any liability for damages that might possibly arise in the course of such operations.
To ground the unit (wherever agreed upon with the Company, along with signature of a separate agreement and stipulation of an independent fee), the user shall personally provide the necessary launching cradle, warranting its consistency with the characteristics of his/her own unit, as well as its good state and efficiency, incurring every burden and liability to that end.
Article 11 – Termination
The agreement will terminate by law in accordance with Article 1456 of the Italian Civil Code in the following instances:
a) failure to pay the fee by the stipulated deadline;
b) assignment of use of the mooring, temporarily as well, to third parties;
c) false and/or inaccurate declarations about the specifications of the moored boat/watercraft;
d) lack of adequate insurance cover;
e) breach of the provisions of the General Regulations of the Facility and/or the Regulations on Use of the Moorings serving the Campground.
This agreement will likewise lose effectiveness if the concession of maritime State property mentioned in the recitals falls away.
Article 12 – Obligations stemming from termination of the agreement
Wherever the legal effects of this agreement come to an end (due also to the expiry of its term), the Customer shall vacate the mooring occupied at once and arrange its redelivery to the Company.
For each subsequent day of occupation, the Customer shall pay to the Company the daily mooring rate set out in the price list in force, subject to compensation for any further damages.
On the same ground, the Company will be entitled to see to the removal of the boat and shelter it on the ground or elsewhere (even outside the area entrusted to the Facility), charging to the Customer any associated cost (hauling, parking and/or safekeeping) in accordance with the applicable rates, once fifteen days have elapsed from termination of the effectiveness of the agreement and without any need for prior notice or formal notice of default.
Article 13 – Court with jurisdiction
Jurisdiction over any dispute arising from this agreement is vested exclusively in the Courts of the place where the Company’s registered office is situated (save where a peremptory legislative provision has stipulated recourse to a different Court).
Article 14 – Applicable law
The relationship between the Company and the Customer is governed by Italian law.
Article 15 – Notices and address for service
For the purpose of implementing this agreement and for any notice or communication that might become necessary, including service of judicial documents, the Company elects as its address for service its own registered office and the Customer elects the address set out in the booking confirmation.
The Customer binds himself/herself to notify the Company with utmost promptness of any changes of address.
REGULATIONS ON THE USE OF MOORINGS
1) SUBJECT-MATTER OF THESE REGULATIONS:
These Regulations govern the way moorings are used and the conduct to be adhered to inside the Facility, again as regards use of the moorings.
2) BINDING NATURE OF THE REGULATIONS AND PUBLICATION THEREOF:
These Regulations (and the future amendments the Company and the Maritime Authority might deem it fit to introduce to manage the Facility and the moorings better) is binding on whoever enters the Facility and utilises, on a purely factual basis as well, the moorings and the other equipment.
The Company warrants adequate publicity to these Regulations, which are displayed at the offices of the Facility’s Management and copy of which will be handed to any interested person who might request it.
Similar publicity will also be given to any future amendments to the Regulations.
Anyone entering the Facility and the moorings must peruse these Regulations as well as notices and reports generally, from the competent Authorities as well, displayed at the offices of the Facility’s Management, and furthermore comply with the relevant prescriptions, incurring exclusive and direct liability for his/her own negligence and omissions.
The User must cause these Regulations (and future amendments thereto) and the prescriptions issued by the Maritime Authority to be also complied with by his/her family members and guests and by any person brought inside the Facility and to the moorings, as well as by all the members of his/her crew.
Without prejudice to the measures that might be adopted by the competent Authority, failure to comply with the provisions of these Regulations will amount to serious breach by the User, and might give rise to the cancellation of the agreements underway, subject to compensation for damages caused to the Company.
3) IDENTIFICATION OF MOORINGS:
The moorings are pointed out by specific signage.
Management keeps at its office a specific updated printout setting out the names of the persons entitled to a mooring and the data identifying the respective watercrafts.
Users must timely notify the Company of any deeds of sale of the watercraft, reflagging, seizure orders or orders establishing other restrictions on the watercraft, etc.
Each User may only use the mooring allocated to him/her.
Docking is only allowed at the mooring of the watercraft indicated by the User at the time of booking and/or registration.
The measurements of the watercraft are declared by the User under his/her own responsibility and are deemed to refer to the maximum bulk of the boat/watercraft (all of that also including whatever protrudes from the hull both length- and width-wise, such as pulpits, battalion, bowsprit, sterndrives, davits, aft deck, outboard motors, etc., and any other protrusion).
4) REFERENCE TO THE CONTRACTUAL PROVISIONS IN FORCE WITHIN THE FACILITY:
The Company places at the User’s disposal, for a fee and on a temporary basis, one or more moorings, subject to prior signature of an ad hoc agreement, on the specific terms and conditions (relating to subject-matter, duration, fee, etc.) set out in the agreement itself, to be supplemented by the provisions of the General Terms and Conditions.
The text of the General Terms and Conditions intended to govern the relationships with Users is given adequate publicity and is available at the offices of the Facility’s Management.
It should be borne in mind, by way of illustration:
– that the concession for use concerns the mooring indicated in the agreement for the duration and for the fee expressly agreed upon, subject to the Company’s right to make available to the User a mooring having similar characteristics to the one indicated in the agreement. Services and/or supplies not expressly indicated are excluded;
– that by signing the agreement the User represents that he is acquainted with and accepts the mooring allocated to him/her and that he/she deems it suitable for his/her own needs, incurring exclusive liability for the correctness of the data and information provided to Management at the time of signing the agreement;
– that the mooring is granted for use in respect of specific periods, with automatic termination on expiry thereof and excluding any tacit renewal;
– that in the event of delay in vacating the mooring upon the expiry of the agreement, or if the contractual relationship is terminated on any ground, the daily mooring Rates in force at the Facility will become due. The Rates are displayed at the offices of the Facility’s Management and duly publicised within the Facility itself;
– that in the event of failure to pay the fees due for the berthing, the Company will be entitled to take in pledge and/or exercise a lien over the moored watercraft and the other assets on the berthed watercraft as well as those brought by the User inside the Facility;
– that the Company limits itself to making the indicated mooring available to the User, without taking on any safekeeping obligation and resultant liability; any handover of the keys to the Facility’s Staff will be received by the Company merely for the Customer’s convenience or to enable interventions aimed at improving the safety and management of the moorings, without amounting to the acceptance of a safekeeping obligation (to be expressly stipulated in writing in exchange for payment of a specific fee); even where a safekeeping obligation is incurred, the same will be deemed limited to the watercraft in its essential structure, subject to the User’s obligation to remove appurtenances, equipment and removable parts in general and the exclusion of any liability of the Company for loss or damage to any assets not removed;
– that the User is solely responsible for berthing and handling the watercraft;
– that the liability of the Facility is excluded, inter alia, for any damages arising from fire, intentional misconduct and negligent acts by third parties, thefts, weather and marine weather events, events of force majeure, etc.;
– that the User retains exclusive liability for any damage caused to third parties by things, persons and installations hosted on any ground inside the watercraft or brought into the Facility;
– that the watercraft must be covered by adequate third party liability insurance and that the Company reserves the right to remove from the Facility the watercrafts not covered by adequate insurance;
– that the mooring right is strictly personal and may not be assigned or on any ground licensed or sub-licensed for use to third parties.
5) ENTRY IN THE FACILITY:
When entering the Facility with his/her watercraft, the User shall approach the offices of Management to sign the mooring agreement (unless he/she had already done it before) and comply with the additional legal obligations.
Use of the moorings is forbidden to anyone who has not duly signed the mooring agreement.
Unless otherwise stipulated by Management, the moorings are reserved for the Campground guests.
6) FEE:
The mooring fee is the one evinced by the Rates in force, duly displayed at the offices of the Facility’s Management.
Any person who makes use, on a factual basis as well, of the mooring, accepts those Rates and is bound to pay the Daily mooring Rate for each day (or portion of day) of berthing.
7) FAILURE TO PAY THE FEE:
In each instance of failure to pay the fees due for berthing, the Company will be entitled to take in pledge and/or exercise a lien over the moored watercraft and the other assets on the berthed watercraft as well as those brought by the User inside the Facility.
In each instance where the right of pledge and/or lien is exercised, the Company will be entitled to move the watercraft or the other assets under pledge and lien onto the ground, outside the Facility as well.
8) PERSONAL NATURE OF THE MOORING RIGHT:
Use of the mooring is strictly personal and non-transferable, and the mooring right may be exercised only in respect of the watercraft indicated in the mooring agreement. Under no circumstances may the User claim refunds for failure to use the mooring.
9) CHANGE OF MOORING AND GROUNDING OF THE BOAT:
The Company reserves the right to change the position of the mooring, to temporarily ground the watercraft, and to implement anything else assisting the improved operation and safety of the moorings and the Facility (due in particular to weather conditions, safety reasons, maintenance works, operational needs, demonstrations, sports events or kindred instances, or to instructions issued by the Public Authority).
The mooring fee will be owed by the User even where the watercraft is retrieved on the land, unless the parties have stipulated otherwise in specific written agreements (for the application of different Rates).
10) LIABILITY FOR THE CONDITION AND USE OF THE WATERCRAFT:
The User represents and warrants that the watercraft complies with legal prescriptions and warrants to be in possession of all the authorisations laid down for its use.
The User bears sole and exclusively liability for due compliance with all relevant legal obligations.
The watercraft must be kept in a decent and well conserved state, and must also be perfectly efficient in terms of safety and in line with the prescriptions laid down to that end by the competent Authorities and by Management, so as not to represent a danger for itself and for the other watercrafts.
If said prescriptions are breached, the Company (besides being able to inform the competent Authority for it to adopt the most appropriate measures, and besides being able to demand the removal of the watercraft from the Facility) will be entitled – by first giving notice to the User – to directly remove the watercraft (grounding it and retrieving it even outside the Facility) or directly carry out the positioning and retrieval works, in both instances charging all related costs to the User.
In urgent cases, the Company may directly intervene on the watercraft in order to position and/or retrieve it, without the need to notify the User first.
All other entitlements and rights of the Company remain unaffected.
11) INSURANCE FOR THE WATERCRAFT:
Every boat/watercraft brought inside the Facility must be adequately insured with a primary insurance company as cover for liability for damages caused to third parties during the permanence and handling within the Facility and the mooring, including damages to other watercrafts and to the persons in charge thereof or transported on them, as well as damages to the Company’s equipment and installations and to the staff, not limited to employees, serving at the Facility in any capacity, for a coverage cap not less than the legal minimum per claim. On request, copy of the third party liability insurance policy shall be produced to the Company, which reserves the right to remove from the mooring and from the Facility the boats not covered by adequate insurance (or whose insurance cover has not been proved).
12) LIABILITY FOR THE MOORING:
The User must personally berth the watercraft in the mooring allocated to him/her, using his/her own cables and ropes. He/she bears sole and exclusively liability for the way the mooring is carried out and for the efficiency and adequacy of the docking means employed. In case of prolonged absence, the User must make sure that the mooring cables are sufficiently solid. For safety reasons, the Company’s staff will have the right (but in any event not the obligation) to position the mooring, charging the related costs to the User.
13) REQUIREMENTS FOR MOORING AND POSITIONING THE WATERCRAFTS:
All watercrafts are forbidden to drop the anchors, save in cases of force majeure.
The watercrafts must be moored exclusively to the docking rings or bollards and to the dolphins, and the User and, generally, any person making use thereof, are liable for any damage caused to them.
The docking must take place with ropes and cables belonging to the User with an adequate diameter and in excellent state, to be fastened onto the dolphins with floats that facilitate their sliding during tidal changes and to the docking rings or bollards on the quay.
Efficient fenders must be placed on the sides of the watercrafts, fitting the size of the watercraft and in sufficient number to avoid damages to one’s own and to the other watercrafts.
Lateral mooring will only be allowed by prior approval of the Facility’s Management.
In case of temporary and brief absence from the watercraft, the gangway must be retracted or lifted, whereas, in case of prolonged absence, it must be fully retracted.
At night the gangways must be suitably lighted.
Every User is liable for the safety of the mooring and for any associated consequence.
14) OBLIGATION TO COMPLY WITH LEGISLATIVE PRESCRIPTIONS AND THOSE ISSUED BY MANAGEMENT:
The User must strictly comply with the law, the rules laid down in these Regulations, the regulations governing the administrative regime of ships, the Customs, police and security Regulations, as well as with the instructions issued by the Facility’s Management, and is liable, under both criminal and civil law, for the breaches committed. He/she must additionally deploy all suitable measures to protect his/her own things from thefts, damages and the like.
15) EXCLUSION OF SAFEKEEPING:
The Company will not incur any safekeeping obligation over the moored watercrafts, not even in case of handover of the keys, which will be received and accepted by the Facility’s Staff merely for the User’s convenience or to enable interventions (including emergency ones) aimed at improving the safety and management of the moorings.
Any safekeeping obligation is likewise excluded in the event that the watercraft is grounded.
Any safekeeping obligation will have to be expressly stipulated in writing in exchange for payment of a specific fee.
Even where a safekeeping obligation is incurred, the same will be deemed limited to the watercraft in its essential structure, subject to the User’s obligation to remove appurtenances, equipment and removable parts in general (including, but not limited to, engines, sails, tenders, equipment, safety devices, etc.) and the exclusion of any liability of the Company for loss or damage thereto, wherever such assets are left on board at the User’s own risk and danger.
16) EXCLUSION OF LIABILITY FOR DAMAGES AND THEFTS:
The Company is not liable for damages suffered by the watercraft arising from the unsuitable nature of the mooring and from adverse weather conditions. The Company is not liable for any thefts that might take place on the land, on jetties, quays and parking areas, as well as on board or inside the watercrafts. It is likewise not liable for any damage caused to persons and things inside the mooring area by persons other than its own employees.
17) MANOEUVERING AND HANDLING THE WATERCRAFTS INSIDE THE HARBOUR:
All the manoeuvres inside the mooring must be carried out strictly in compliance with the instructions issued by Management, which may instruct the moorings to be moved around and shifted wherever it proves necessary or appropriate.
If the User or his/her appointees are absent (or in case of refusal), the Company may see to the task directly through its own staff, charging the relevant costs to the User.
For the sake of a better management of the Facility and the moorings and in any emergency (due, e.g. to adverse weather conditions), the Company will have the right (in any event not the obligation) to carry out all the manoeuvres required for the safety of the mooring and the watercrafts, as well as to shift the watercraft from the mooring, including through its retrieval on the land.
Said interventions will not entail any safekeeping of the watercraft and the assets retrieved inside it.
18) PROHIBITION OF OVERNIGHT STAY:
Overnight stay inside the watercrafts moored is prohibited.
19) ABSENCE IN EXCESS OF 24 HOURS:
The User who stays absent for a period exceeding 24 hours must notify the Facility’s Management thereof, indicating the departure date and hour and possibly the locality he intends to reach, as well as the expected date of return. During the absence of the boat, the mooring remains at the Company’s disposal.
20) SINKING OR OUTBREAK OF FIRE ON THE WATERCRAFT:
In case the watercraft sinks, the User is obliged – after obtaining the corresponding authorisation by the Company – to remove and dismantle the wreck and also reclaim the entire area affected, alternatively, in the event of direct intervention by the Company, to reimburse to it any charge and cost incurred in that connection.
A similar obligation exists in case of fire.
21) PROHIBITIONS:
The following is prohibited throughout the mooring area and at the entrance:
• bathing;
• scuba diving;
• any type of fishing;
• inspections of hulls;
• any engine maintenance and/or tests;
• use of acoustic signals;
• performance of noisy works or any other activity or conduct that might disturb other people’s peace;
• use of any projector or headlamp;
• all works that entail inconvenience or harassment to other Users;
• starting the propellers while the watercraft is moored, charging batteries and use of the power supply without staff.
The inspections of hulls or any underwater works or works conducted on the boats are entrusted solely to the Company, which attends to them through its own staff in compliance with safety requirements. It is forbidden to obstruct the quays, the docks and the jetties with objects, equipment and devices, or to dirty them with any material and/or product.
Management, once it has ascertained what happened, shall cause whatever has been illegally deposited to be removed or what has been soiled to be cleaned at the User’s expense and/or in any event at the expense of the person responsible for that.
22) HOURS OF SILENCE:
Silence must be adhered to from 13h30 to 15h30 and from 23h30 to 7:00 a.m. In general, outside those times as well, conduct that might disturb other guests of the Facility ought to be avoided.
23) MAXIMUM ALLOWED SPEED:
The maximum speed allowed is 3 knots (5.5 km/h) in the stretch of water and 10 km/h on land (for the vehicles allowed entry), subject to the obligation to keep the lower speeds justified in a concrete case for the sake of caution.
24) WASTE:
It is forbidden to empty bilge water, throw or abandon waste of any kind, objects, liquids, debris or the like in the berthing area, both in the water and on the quays, docks and jetties.
The Facility is equipped with special containers for differentiated collection (divided into wet section-undifferentiated section-glass, plastic and cans), which must be resorted to by Users in strict compliance with the relevant destination and with the prescriptions of the applicable law.
Any different waste may only be disposed of pursuant to prior agreement with Management.
For personal needs, the specific toilets existing on the ground must be used, unless the watercraft is fitted with special equipment to collect the on-board sewage.
25) SAFETY AND POLLUTION PREVENTION REQUIREMENTS:
Users and moored watercrafts must comply with the following requirements of a preventive and general nature:
a) in case of accidental spillage of hydrocarbons into the water or onto the quays, docks and jetties, the person in charge must di notify the Facility’s Management at once, while simultaneously deploying all the most appropriate measures to contain the damage and inform the staff of the nearby watercrafts and everyone on site. The reclamation of the affected area must be carried out by Management with its own staff, at the expense of the person in charge;
b) before starting the engine, the User must ventilate the engine compartment;
c) before mooring, each watercraft must check that there are no residues of hydrocarbon leaks in the bilge and that none of them are spilling into the water;
d) the on-board electrical systems must be in perfect working order and properly maintained;
e) in case of utmost necessity, complete lack of fuel, need for repairs, etc., the interested party, owner or firm requiring a refuelling on site must request Management’s express authorisation, regardless of the quantity in question, even if minimum;
f) the on-board compartments containing liquid gas cylinders must be adequately ventilated;
g) the fire extinguishers on board must comply with the regulations in force, be in adequate number and perfectly efficient.
h) The User is bound to always recharge the batteries under his/her personal control, alternatively, where absent, to notify the Facility’s staff thereof, to thereby deal with any possible leakages or dangerous accumulations of gas produced by charging the batteries themselves.
26) PRESCRIPTIONS APPLYING IN CASE OF FIRE:
If a fire erupts aboard a watercraft, both the persons aboard it and those aboard the nearby watercrafts shall proceed with the utmost promptness and incisiveness, as far as possible, against the fires, while simultaneously notifying by the fastest means possible (sirens, telephone, acoustic means, dispatch of staff, etc.) Management, which will see to the task of informing the Authorities and the bodies whose intervention is stipulated. Management is expressly accorded the right to immediately unmoor the unit affected by the fire and to remove it from the jetty and from the Facility.
27) EMERGENCY NUMBERS:
We inform that the Authorities to be contacted in an emergency are:
- Capitaneria di Porto di Bibione (Harbour Master’s Office of Bibione): 0431 430893 – bibione@guardiacostiera.it
- Pronto Soccorso (Casualty): 118
- Management della Facility (Facility’s Management): +39 0431 438351
- Vigili del Fuoco (Fire Brigade): 115
28) RADIOTELEPHONE ASSISTANCE:
The Company has a listening service on the work channel allocated by the Ministry of Communications (channel 9) and can be contacted telephonically at the numbers disclosed.