REGULATIONS FOR THE MANAGEMENT AND OPERATION OF «PORT NATURA».
MARINA WITH DOCKS AND CANALS FOR PRIVATE USE OWNERSHIP OF CANALES DEL FLUVIÀ NÀUTIC S.L.
The purpose of these rules is to regulate the docks and channels for the mooring of boats in the corresponding private use of the moorings, not linked to adjoining plots, of Port Fluvià, an inland marina that is commercially known as «Port Natura». This being of obligatory compliance which must be observed by tenants, occupants and users. All this in accordance with the provisions of the tenth additional provision of Law 2/2013, of 29 May, on the protection and sustainable use of the coast and modification of Law 22/1988, of 28 July, on Coasts, and the second additional provision of Royal Decree 876/2014, of 10 October, approving the General Coastal Regulations.
The owner is Canales del Fluvià Nàutic, S.L., with address for notification purposes at the Marina itself, Camí del Joncar s/n, mouth of the river Fluvià, 17470 Sant Pere Pescador (Girona), which is responsible for the management, exploitation and ordinary operation of the moorings, and e-mail: info@portnatura.es and website: www.portnatura.es.
In all the matters that are not provided in these Rules, the provisions of Law 10/2019, of 23 December, of ports, shall apply, where appropriate, with the exception of what by virtue of the second section of its first transitory provision applies to the previous Law 5/1998, of 17 April, on Ports of Catalonia, and subsidiarily and analogically to the provisions of Decree 17/2005, of 8 February, which approves the Inland Marine Regulations of Catalonia and Decree 206/2001, of 24 July, of the Port Police Regulations of Catalonia, as well as other applicable local and state legislation.
1. DOCUMENTATION TO BE PROVIDED.
Tenants and occupants of the docks and canals of «Port Natura» are obliged to have the
following documentation in force, a copy of which must be provided and, where
appropriate, made available to «Port Natura» when formalizing the mooring contract:
a. Official document with technical specifications of the boat.
b. Registration of ownership of the boat.
c. Identity details of the owner of the boat.
d. Insurance of the boat with its civil liability policy with the established legal limits together with the receipt of having paid for it.
e. MARPOL certificate if the vessel requires it.
This data will be processed in accordance with the current Data Protection Act.
2. CONTACT.
The lessees, occupants and users of the docks and canals of «Port Natura», without prejudice to providing their corresponding data, address, telephone, email, will have to provide a local contact so that they can be notified in case of emergency. They shall provide their telephone, email and address of said local contact for the corresponding notification purposes in Spain. Any change of address must be notified to the owner.
Changes of address are only legally binding if they are communicated in writing to the management of «Port Natura».
3. VESSEL PROPERLY MOORED. NOT TO EXCEED MOORING OCCUPANCY.
Hirers, occupants, and users may only moor in the mooring assigned to them and always in the appropriate manner to avoid damage to the facilities or to other boats. They shall ensure that their boat is securely moored in accordance with due diligence, with the appropriate moorings and fenders (in number and height and well-fixed to the deck) and prepared for any weather conditions, ensuring that it does not hit the jetty or other boats.
They may only moor in the moorings corresponding to their length and beam measurements. The length of the boat may not exceed the length of the mooring, while the beam of the boat shall be 10% less than that stated on the mooring, to be able to use the fenders. The measurements of the boat shall be understood to be those that result from its real measurements, including fenders, elongated sterns or booms and other accessories that may be incorporated. In any case, it will be the Port Management and, where appropriate, the Chief Mariner, who will decide on the convenience of using each mooring based on the conservation and safety of the boat and the facilities.
The hirers, occupants and users must ensure that no part of the vessel protrudes beyond the limits of its berth and causes any damage, and they must respect the installations of the docks and channels.
4. MAINTENANCE, GOOD UPKEEP.
All boats moored at the facilities must be well conserved, have a good presentation, buoyancy and safety, and the boats must be in such a condition that they do not represent any kind of risk to the rest of the users and the facilities of «Port Natura».
Each mooring may only house one boat and may not have any boat or floating device (dinghy, windsurf, jet ski, …) attached to it.
Boats must visibly display their name and registration number so that the owner can be identified.
If «Port Natura» observes that these conditions of the boat are not met, it will notify the owner, occupants, and user of the mooring by writing to the address indicated, with full effect in accordance with the provisions of rule eighteen, giving them a period of one month to remedy the deficiencies found, or proceed to remove the boat from the facilities.
If after this period the owner of the boat has not complied with the requirements, «Port Natura» is authorized, where appropriate, to temporarily immobilize the boat at its own mooring point or to remove the boat from the mooring to dry-dock it. The costs arising from the removal or immobilization of the vessel shall be borne by the holder of the right of use. All of the above without prejudice to the notification of the Marine Authorities for the corresponding legal purposes.
In the event of danger of the vessel sinking, and/or causing damage to other vessels or facilities of «Port Natura», the latter is authorized to remove the vessel without prior notice, move it to another location or deposit it on land. All costs arising from this shall be borne by the owner, lessee, or user.
In the event of abandonment of the vessel, the provisions of art. 28.4 of the Port Police Regulations shall apply.
5. ADMISSION AND INSPECTION RIGHTS RESERVED.
«Port Natura» has the right to prevent access to the docks and channels, and to the port platform to the entire port area, to people who may be disruptive or who do not comply with any of the rules of these Regulations. The right of admission also includes any person accessing on foot or by bicycle.
The hirer or occupant of «Port Natura » expressly authorizes its personnel to go on deck of the boat to carry out the necessary checks to guarantee safety and, in general, to ensure compliance with these regulations.
6. CHANGING BOAT MOORINGS.
The management of «Port Natura» has the right to change the mooring of boats temporarily or definitively for another mooring suitable for their use, when this is necessary for safety reasons, for the execution of works or maintenance, or for the optimisation of the fleet. To this end, it shall notify the tenants, occupants and users affected in good time.
7. VIDEO SURVEILLANCE CAMERAS.
The tenant, occupants and users of the docks and channels of «Port Natura» expressly accept and authorize that they may be recorded by the CCTV system that may be installed in the dock. These images will be treated in accordance with the current legislation according with the Data Protection Act.
8. NON-TRANSFER OF MOORING.
The mooring contract gives a natural or legal person the right to berth a specific vessel.
The right to use this berth is not transferable. The berth may not be transferred or sublet, unless expressly authorized by the owner. If a user intends to leave the berth free for a long period of time, he/she may agree to manage the subletting through «Port Natura».
9. FUEL SPILLAGE.
In the event of an accidental spillage of fuel in the dock, the cause must be reported immediately to «Port Natura», which will take the appropriate measures to reduce the damage to the facilities and other users, with the cause of the damage being responsible for the costs incurred and other consequences of its responsibility.
10. EXONERATION OF RESPONSIBILITY TO THE PROPERTY.
«Port Natura» is not responsible for theft, robbery, accidents or damage to people or things that occur throughout the «Port Natura» premises. Neither is it responsible for any damage caused to boats, nor for any damage or loss that may occur to boats inside the docks and canals of «Port Natura», or to parked vehicles and trailers, which are the responsibility and risk of their owners or users, without prejudice to any security measures that may be adopted, such as the installation of video surveillance cameras.
11. INSURANCE LIABILITY.
All boats moored in the docks and canals of «Port Natura» must have liability insurance in accordance with current legislation and, in any case, to cover damage to third parties, with a minimum civil liability amount of 300,000 Euros. Each year, proof must be provided to «Port Natura» of being up to date with the payment of the insurance premium.
The hirers or users will be responsible for any damage or breakdowns caused to the installations, supply elements, their own or third parties because of defects in the elements, installations of their boats or poor manoeuvring of the same. Whenever there is damage and/or any other type of incident caused by users to the Marina’s assets, they will be responsible for paying the cost of repairs.
The producers of waste from any action within the dock will be responsible for its management.
The owners of the boats will in any case be civilly liable for the infringements or debts contracted or for the responsibilities that may be decreed against the users or skippers by any title.
The boats shall be liable, where appropriate, with a real guarantee for the rents or amounts assimilated to them for the use and enjoyment of the mooring and for the amount, where appropriate, of the services that may have been provided and for the damage and breakdowns that they cause to the installations or to third parties.
The lessee or user must pay the rents or similar amounts until the mooring point is vacated.
Hirers, occupants, and users shall be responsible for their crew, family, guests or employees of third parties and shall ensure that at no time may they cause any inconvenience to other people.
12. TRANSMISSION.
When the owner of a boat located in the docks and canals of «Port Natura» intends to sell it without prejudice to the boat remaining moored at the mooring provided, he/she must immediately inform the management of «Port Natura», so that the new owner may, where appropriate, sign the corresponding rental contract and provide the corresponding documentation and contact details. Both the old owner and the new owner shall be liable for any amounts that may be owed to the owning company up to the date of signing the new rental contract.
13. MAINTENANCE COMPANIES.
Only companies that comply with all health and safety and sectoral regulations will be allowed access to the dock to carry out repairs and/or maintenance of the boats.
Responsibility in the event of non-compliance will fall directly on the owner/lessee/user of the vessel that is the object of the work.
14. HOURS OF SILENCE.
The hours of silence are established from 24:00 to 07:00. During these hours the use of the engine is forbidden except for mooring and unmooring manoeuvres and for vehicle movements except in the entrance area and on the road from the entrance to the access to the beach.
Anyone who repeatedly interrupts the rest of our customers or disregards the surveillance staff must leave the port. Everyone is requested to respect the rest of the people who are staying overnight.
15. PROHIBITIONS.
a) It is forbidden to leave halyards loose in such a way that they may strike the mast and, consequently, disturb the neighbours in the dock and disturb the ropes of other users.
b) It is forbidden to keep the engines running while the boat is moored. Engines may only be run for the time necessary to tune them up.
c) It is prohibited to throw, either in the water or on land, debris, rubbish, liquid or sewage, or any liquid or solid polluting matter. Rubbish must be deposited in the bins provided for it. The same applies to emptying bilges and/or tanks on the premises. Bilge pumps may not be connected in docks and channels.
d) It is forbidden to clean vessels, with detergents or similar, or fuel tanks in the dock.
e) It is forbidden to carry out work or activities on board in the boats that are a disturbance to other users.
f) It is forbidden to use loudspeakers, sirens or acoustic signals in general, except in the case of urgent or public utility warnings.
g) When going out to sea, the power cable must remain disconnected from the turret to avoid electrical risks for other users of the dock.
h) It is not permitted to moor with chains on the cleats, as they damage the steel and aluminium, nor to use anchors inside the docks and channels.
i) The consumption and/or trafficking of illicit substances is prohibited. The Spanish
authorities prohibit the consumption of alcoholic beverages by people that are under 18 years of age.
j) Work and repairs, painting, and sanding on the boat within the facilities of «Port Natura»
are not permitted, unless expressly authorized by «Port Natura».
k) The installation of a satellite dish requires the permission of «Port Natura».
l) The pontoons must always be free of any object that may hinder transit along them.
m) No buoys, piles or objects may be placed within the waters of the dock without prior written authorisation from «Port Natura».
n) It is not permitted to hang clothes in the entire «Port Natura» area.
o) It is forbidden to have explosive materials on board in the boats, with the exception of regulatory signal rockets.
p) Smoking is forbidden during refueling operations, in places close to where they are carried out. Cooking is prohibited on the jetties. It is also forbidden to light fires, bonfires and barbecues or to use naked flame lamps in the entire «Port Natura» area.
q) It is forbidden to water-ski, sail, windsurf, bathe or swim in the docks and canals. It is expressly forbidden to fish in the section of the entrance to the port.
r) It is forbidden to peddle, sell products, carry out unauthorized advertising or place advertisements or advertising posters and other actions that may be susceptible to commercial use, on the boats or within the docks and canals.
s) The commercial operation of moored boats is prohibited unless they contract this service with «Port Natura», paying the corresponding supplementary fee.
t) It is forbidden to use radar inside the Marina.
u) It is forbidden to board other people’s boats.
v) The maximum speed of navigation within the docks and channels of the Marina is 3 knots.
w) The maximum speed of circulation within the entire «Port Natura» enclosure is 10 km/h, except on the perimeter road where the limit is 20 km/h.
a) It is forbidden to leave halyards loose in such a way that they may strike the mast and, consequently, disturb the neighbours in the dock and disturb the ropes of other users.
b) It is forbidden to keep the engines running while the boat is moored. Engines may only be run for the time necessary to tune them up.
(c) It is prohibited to throw, either in the water or on land, debris, rubbish, liquid or sewage, or any liquid or solid polluting matter. Rubbish must be deposited in the receptacles provided for it. The same applies to emptying bilges and/or tanks on the premises. Bilge pumps may not be connected in docks and channels.
d) It is forbidden to clean vessels, with detergents or similar, or fuel tanks in the dock.
e) It is forbidden to carry out work or activities on board the boats that are a nuisance to other users.
f) It is forbidden to use loudspeakers, sirens or acoustic signals in general, except in the case of urgent or public utility warnings.
g) When going out to sea, the power cable must remain disconnected from the turret to avoid electrical risks for other users of the dock.
h) It is not permitted to moor with chains on the cleats, as they damage the steel and aluminium, nor to use anchors inside the docks and channels.
i) The consumption and/or trafficking of illicit substances is prohibited. The Spanish authorities prohibit the consumption of alcoholic beverages by persons under 18 years of age.
j) Work and repairs, painting and sanding on the boat within the facilities of «Port Natura» are not permitted, unless expressly authorised by «Port Natura».
k) The installation of a satellite dish requires the permission of «Port Natura».
l) The pontoons must always be free of any object that may hinder transit along them.
m) No buoys, piles or objects may be placed within the waters of the dock without prior written authorisation from «Port Natura».
n) It is not permitted to hang out clothes in the entire «Port Natura» area.
o) It is forbidden to have explosive materials on board the boats, with the exception of regulatory signal rockets.
p) Smoking is forbidden during refuelling operations, in places close to where they are carried out. Cooking is prohibited on the jetties. It is also forbidden to light fires, bonfires and barbecues or to use naked flame lamps in the entire «Port Natura» area.
q) It is forbidden to water-ski, sail, windsurf, bathe or swim in the docks and canals. It is expressly forbidden to fish in the section of the entrance to the port.
r) It is forbidden to peddle, sell products, carry out unauthorised advertising or place advertisements or advertising posters and other actions that may be susceptible to commercial use, on the boats or within the docks and canals.
s) The commercial operation of moored boats is prohibited unless they contract this service with «Port Natura», paying the corresponding supplementary fee.
t) It is forbidden to use radar inside the Marina.
u) It is forbidden to board other people’s boats.
v) The maximum speed of navigation within the docks and channels of the Marina is 3 knots.
w) The maximum speed of circulation within the entire «Port Natura» enclosure is 10 km/h, except on the perimeter road where the limit is 20 km/h.
16. NAVIGATION ON THE RIVER SYSTEM.
Boats based at «Port Natura» are not authorized to go up any stretch of the river Fluvià and may only go out to sea at a maximum speed of 3 knots. To go up the river Fluvià or navigate the rec Sirvent, the user must make a declaration of responsibility to the Catalan Water Agency and pay the corresponding fee.
17. PARKING OF VEHICLES
It is strictly forbidden to park on the road and in any place that hinders and/or impedes the circulation of other vehicles.
Both boats and trailers must be parked exclusively in the area set aside for trailer parking.
18. DOMESTIC ANIMALS.
Pets must always be under supervision and must be kept on a leash when they are in the common areas of «Port Natura». Hygiene regulations must be observed about pets. Pet owners will be directly responsible for any damage, dirt, aggression, or any type of incident that may be caused directly or by them inside «Port Natura», and in any case, the Animal Protection Law and the applicable municipal by-laws must be observed.
The presence of pets in the toilets is strictly prohibited.
19. TERMINATION OF THE CONTRACT.
Failure to comply with any of the rules set out in this document may result in the termination of the mooring contract, following a notice at the address indicated, giving a period of fifteen days to regularize the non-compliance and if this is not remedied.
In the event of termination of the mooring contract for any reason, the owner shall notify the owner or user of the mooring in writing and in an irrefutable manner at the address indicated. Said notification will have full effect when its frustration is due solely to the express or tacit will of the addressee, or to the passivity, error, lack of interest, negligence or lack of skill of the person for whom it is intended, who must remove the boat, indicating that, if this is not done within twenty days, «Port Natura» will be authorized to immobilize it provisionally at its own mooring point or to remove the boat from the mooring in order to dry-dock it. The costs derived from the removal or immobilization of the boat shall be borne by the holder of the right of use. All of the above, without prejudice, where appropriate, will be notified to the Marine Authorities, for the corresponding legal effects.
20. SUBMISSION TO THE LAWS AND JURISDICTION OF THE COURT OF THE SPANISH COURTS WITH JURISDICTION IN THE COURTS OF FIGUERES (GIRONA).
In the event of any doubt or divergence regarding the interpretation and application of the present regulations, the lessees or users will be subject to Spanish legislation. In the event of legal action, renouncing their own jurisdiction if different, they will be subject to the jurisdiction of the courts of Figueres (Girona).
21. PUBLICATION AND PUBLICITY.
These regulations, as indicated, are mandatory for all tenants, occupants and users of the docks and channels of «Port Natura», and the port platform, that is, in the entire port area, and includes also to any person who, without being a client, accesses it on foot or by bicycle. These regulations will be published on the “Port Natura” website www.portnatura.es and will be available at its offices. They will also be included as an annex to the mooring contracts that are granted.
Sant Pere Pescador, 08 June 2022.