REGULATIONS OF THE PORT

PREMISE

The application and observance of the following regulation is ensured and controlled within the port of Marina Di Campo within the State Concession 1/2022, and specifically by the company. Igiene Service s.r.l. (which will be defined as CONCESSIONAIRE in the following) with its own employees, and the infringements will be communicated to the Concessionaire who will be able to take the measures he deems appropriate against the users, without prejudice to any civil and criminal liability.

ARTICLE I
(mooring and stopping at the dock)

1. The Port offers moorings on the quay that are sufficiently protected from the winds, with the exception of those coming from the South and South-East. In the event of adverse weather conditions from the aforementioned quadrants, the Concessionaire reserves the possibility (within a suitable time such as to allow the safe movement of the boats or vessels by those entitled) to vary the Mooring Plan or to vacate the Port itself. In any case, the Concessionaire reserves the right to vary, even temporarily, the Mooring Plan for particular weather conditions, safety reasons, maintenance, operational needs, holding of demonstrations, sporting events or other similar activities, without this in any way legitimizing way for users to suspend or cease payment of the mooring fee and the services purchased. However, in the event that a weather alert is issued by the competent authorities, the owners of the boats are required to verify the good stability of the mooring and/or evaluate the movement of the boat, as the Concessionaire is not responsible in the event of extraordinary weather events.
2. Each vessel will be assigned a berth which cannot be changed without prior authorization from the Concessionaire, who reserves the right to change the assigned berth at any time, in relation to its logistical needs.
3. The Concessionaire, without assuming any responsibility, is hereby authorized by the owner or his successors in title to move and remove the incorrectly positioned vessel and to rearrange it in the assigned place. If necessary, communication can also be made by telephone and the user must arrange for the move within the following twenty-four (24) hours. Otherwise, the Concessionaire will use his own means and at the expense of the assignee to move the boat or vessel. Each vessel must be moored according to correct seafaring rules. Under no circumstances can the Concessionaire be held liable for any damage caused to the vessel due to forced removal for logistical safety reasons or incorrect positioning.
4. The Concessionaire is not required to verify the suitability of the mooring performed, nor to provide assistance with the docking or unmooring maneuvers which will be carried out by the captain and his crew. The Concessionaire therefore declines any responsibility for any accidents and damages (direct and indirect) occurring to the boats and/or things and/or people transported by them, without any liability ever being raised even if the landing staff has provided some assistance with the maneuver: the maneuver is in fact always followed under the direction of the unit commander. The maneuver must be considered completed only when the boat is securely moored (with at least one anchor at the bow (or anchors) and two at the stern) and has turned off the engines.
5. For stern mooring, the captain will be responsible for using extension springs of adequate diameter and laid by him. In any case, efficient fenders must be placed on the sides, adequate for the size of the boat and in a sufficient number to avoid damage to one’s own and other people’s boats. Mooring alongside will only be permitted with prior authorization from the Concessionaire and for short periods.
6. The owner (commander), the crew or the “guardian” of the vessel are required to collaborate (such as by spreading out or squeezing together in the mooring) and do whatever else is needed to facilitate the movement of other vessels.
7. The user of the berth and the fixed works of the Port must take the utmost care when using the works themselves. Anyone who damages these works will be required to compensate for the damage caused.
8. The boats must have dimensions suitable for the size of the mooring.
9. Within the Port the maximum speed allowed is 3 knots.
10. In the absence of people on board the boat, it is strictly forbidden to: connect to electricity and water supplies, leave the engines running. Port staff are authorized to interrupt the supply and turn off the engines.

ARTICLE II
(general rules and prohibitions)

1. Bathing, line fishing or fishing by any means is prohibited in the waters of the Port. Any violation found by the Port staff will be communicated to the Management, which will be able to take the measures it deems appropriate against users, or communicate the various violations found to the competent authorities.
2. It is also forbidden to dive – near the boats – to carry out visits, interventions or repairs. These activities can be carried out exclusively by specialized personnel, recognized and authorized by the Concessionaire and registered in the appropriate registers at the Maritime Authority.
3. It is forbidden to clutter the docks and piers with on-board equipment (life jackets, cushions, generators, diving and fishing equipment, etc.) and objects of any kind.
4. Within the Port, the emptying of bilge water, waste jets of any kind, liquids, debris or anything else, both in the water and on the docks or piers, is prohibited. For solid or liquid waste, the appropriate containers placed in the designated and specifically marked areas must be used. Any violation found by the Port staff will be communicated to the Management, who will be able to take the measures it deems appropriate against users.
5. It is forbidden to start power generators and/or the main or auxiliary engines of the vessel, for testing or for recharging the batteries; an exception is made only in cases authorized by the Port staff.
6. All work (maintenance or otherwise) on board the boats and all noisy activities that disturb the peace of others are prohibited.
7. All boats and vessels entering the Port must be in full working order for safe parking. Each unit must be covered by an insurance policy for civil liability and fire risks. The policy must be shown upon request to the Port staff, who may reserve the right to request integration if it is inadequate. In the event of lack of an adequate insurance policy or insufficient insured value, the Concessionaire may deny access to the port. The boats in the port must comply with all legal requirements and with all provisions of the maritime authority; they must be boats and vessels intended for nautical tourism or sport fishing.
8. In case of temporary and/or brief absence from aboard the boat, the gangway must be retracted or raised; in case of prolonged absence, it must be completely withdrawn.
9. All Vessels or boats equipped with outboard engines, in the event of temporary and/or prolonged absence of the owner on board, must be left with the outboard engines (engine) with the propeller in the water to avoid possible accidental damage due to any of the situations that may occur inside the port, or during a maneuver approaching the quay and/or the berth.
10. If a vessel sinks in the licensed body of water, the owner is obliged to remove and/or dismantle the wreck only after obtaining approval from the Concessionaire and clearance from the Maritime Authority.
In the absence of the above or in the absence of the owner/Commander, the management of the Port is hereby authorized by the owner of the vessel to recover the wreck, without assuming any responsibility and with charging him for the related expenses.
11. Before being absent from the Port for prolonged periods (more than 24 hours), the user who leaves the vessel at its mooring place must:
– Make sure you have perfect mooring and that the ropes are in excellent condition and properly secured.
– Communicate to the Port staff the name and address of the person in charge of monitoring the vessel, who must be able to move it if necessary.
In any case, the user is responsible for the safety of his boat for all damage caused by the boat and/or by his staff and/or supervisors also to other people, other boats or property owned by others and to port equipment in the area of the Port.
12. The Concessionaire does not assume any obligation regarding the safekeeping of the boats, their equipment and accessories, as well as any goods owned by the user. The Concessionaire will not be in any way responsible for thefts of the boats or for thefts that may occur on board the boats even if they relate to accessories and various equipment; furthermore the Concessionaire cannot be held responsible for damages, including total loss, which may arise to the boats from fire however caused, malicious acts, vandalism, mooring breakages not dependent on structures set up by the manager of the service, atmospheric and/or meteorological-marine events and causes of force majeure in general.
13. Pleasure craft can moor only with the consent of the Port staff.
14. The transfer of the assigned berth to third parties is not permitted.
15. The Concessionaire also guarantees – in the time frame between 11.00 am and 4.00 pm in the period from 15 June to 15 September of each year – the number of berths reserved for transit, which is determined at eight percent (8 %) of available berths (calculated excluding spaces reserved for residents, passenger transport, diving and other commercial types within the port). The tariff regime as indicated in the attached table is applied to these moorings. Mooring in transit conditions is permitted for no more than three berths during each month and the use of the place upon reservation is excluded. Upon docking, once the mooring operations have been completed, the person requesting the service must deliver to the dock staff, duly completed and signed, a specific form containing: the identification data of the unit, the time of docking and expected departure, declaration that mooring is required for units in transit and that the tariff conditions reported in the form have been read.
16. The Port, through its staff and with the methods and times communicated when registering the mooring, offers users the following services:
a) Water supply;
b) Toilets and showers;
c) Electricity supply;
d) Assistance with mooring and unmooring operations;
e) Inspection of the hulls or any underwater work (it is the sole responsibility of the Concessionaire to carry out these activities with its own underwater operators, in compliance with safety regulations).
17. Animals are allowed inside the Port as long as they are kept on a leash. In any case, all precautions must be taken to prevent their presence within the landing place from causing annoyance and inconvenience, and the owner will be responsible for all intents and purposes.
18. Charter activities, sailing schools, tourist trips and diving are not permitted in the concessionary waters, with the exception of the possibility for the Concessionaire to stipulate agreements with operators in the sector for the summer period.

ARTICLE III
(documentation, payments and services)

1. Once the mooring operations have been completed and the unit has been made safe, the assignee is required to register with the management of the landing place and to hand over, also in photocopy, the on-board documents, i.e. the vessel’s navigation licence, as well as a copy of the identity document of the owner/owner/captain carrying out the mooring. At the same time, the final payment of the mooring fee must be made.
2. The boats must be insured for the period of stay in the Landing facilities at the expense of the owner for third-party liability. Third parties and against the risks of fire and theft, with express waiver of the insurance company to the right of compensation pursuant to art. 1916 of the C.C. towards the Concessionaire.
The owner, upon delivery of the vessel to the Port, must present a copy of the documentation described above, together with his declaration of renunciation of compensation action against the Concessionaire.
3. Net of the sums paid at the time of booking, which constitute a confirmatory deposit for all legal purposes, the payment of the balance of the fee due for the entire mooring period must be made upon arrival and assignment of the place.
4. Deposits / advance payments, in case of withdrawal:
The customer can cancel the booking without applying penalties.
However:
a) If the cancellation occurs at least 30 days before arrival, the deposit will be refunded at 50%.
b) If the cancellation occurs in the last month, the customer loses the deposit.
If the receipt has already been issued, it is no longer possible to refund any amount.
5. The connection to the electricity sockets of the berths must be carried out, by the customer, exclusively with plugs and cables corresponding to the safety standards in force. Flying or multiple connections or connections made with unsuitable cables or plugs are strictly prohibited. The use of electricity is guaranteed by the Concessionaire only to recharge the on-board batteries (other uses must be approved by the Concessionaire).
6. Customers and their successors are also strictly prohibited from any intervention or tampering with the electricity supply columns.
7. The connection to the drinking water dispensers must be carried out, by the customer, exclusively with his own perfectly sealed hoses or flexible pipes, equipped with a suitable fitting as well as a specific automatically closing terminal.
8. The use of water is permitted only to remove the salt from the boat and using the hose supplied with the boat: an operation to be carried out in the shortest possible time and avoiding unnecessary waste; it is also forbidden to use soaps or other detergents (to wash the boat, contact the Management).
9. The Concessionaire is not responsible for any fires; in the event of fire and/or serious pollution, the Port staff has all the broadest powers and faculties and its provisions must be carried out immediately.
10. Vessels in transit, as defined in the previous Article II, are granted free entry on the mooring tariff during the designated time frame (from 11.00 to 16.00 in the period from 15 June to 15 September of each year), without prejudice to the payment of services, invoiced according to actual consumption, of water and electricity supply.
11. On free places, in addition to those intended for transit, for short-term stops aimed at on-board supplies, free access is granted on the mooring tariff item, without prejudice to the payment of water supply services, invoiced based on actual consumption. and electricity.
12. Payments (all) are understood to be on demand, without any deduction, to be made by direct remittance to the Concessionaire. Any different forms of payment must be agreed upon in the contract phase and accepted by the parties.
13. Free mooring may also be provided for:
a) demonstrations or promotional events
b) other events sponsored by the Municipality
c) needs of the Maritime Authority;
d) events of particular social importance.
14. The owner/captain must vacate the berth by 10.00 am on the morning following the last day of paid mooring.

ARTICLE IV
(validity of the contract and termination)

1. In the event that the Owner sells the vessel owned by him during the agreed contract period, or intends to terminate the same early, he must promptly notify the Concessionaire and undertake to pay the same, as compensation, a fee equal to 70% of the rent relating to the revoked period, unless the buyer intends to take over the same contract.
2. The failure of the latter and/or the companies appointed by him (even if previously authorized by the Concessionaire) to comply with the safety and health regulations in the workplace will cause early termination of the contract due to the owner’s fault, the provisions imparted by the Port Prevention and Protection Manager and those of this Regulation.
In this case, the owner undertakes to pay 100% of the remaining fee, without prejudice to the request by the Concessionaire for the settlement of any actions and/or damages attributable to the owner himself.
3. The Concessionaire may withdraw from the Contract even in the event of another serious default by the owner and/or his representatives and in the event of repeated failure to comply with these Regulations.
4. In the event that the owner is not up to date with payments, or if the contract expires, the Concessionaire is authorized from now on to move and/or haul out the vessel, which will be placed on land, with all related handling and parking costs at his expense and risk, without prejudice to the credit accrued in favor of the concessionaire and without any storage charge to be borne by the same.

ARTICLE V
(forced removal)

1. All boats and boats that are not entitled, or are no longer entitled to occupy the berth and which are not removed by whoever is required to do so are forcibly removed by the Concessionaire.
2. In the event that a boat and/or vessel occupies an already booked/assigned mooring or section of quay even for stops, without authorization from the Port staff and without any title, if present the user must arrange for the movement in the manner which will be indicated by the Port staff. Otherwise, in the absence of the user, the Concessionaire will provide with its own means and at the expense of the user (without any mooring rights), the immediate movement of the boat or vessel and without any charge of custody and maintenance on the part of the Concessionaire himself, exempt from any liability even for any damage that may occur to the vessel due to the aforementioned handling.

ARTICLE VI
(berths reserved for residents)

1. The Concessionaire, in agreement with the Municipality of Campo nell’Elba and in compliance with the provisions imposed by the Tuscany Regional Port Authority, ensures that an adequate number of moorings is ensured for residents within the bodies of water falling within its concession.
2. As established by the tender notice for the concession of the body of water and the state-owned area of the port, the port areas reserved for boats and boats of residents in the Municipality of Campo Nell’Elba have been identified. The notice itself establishes the characteristics of the units admitted to the reserved berth, as well as the rules for assigning the berth, the criteria for forming the ranking, participation methods, rates and anything else necessary in order to guarantee the protection and regularity of the aforementioned announcement.
3. All resident or commercial vessels and boats that are not entitled, or are no longer entitled to occupy the berth, and which have not been removed by whoever is required to do so, will be forcibly removed by the Concessionaire.
4. The Concessionaire proceeds after receiving a warning to remove the vessel (which is no longer entitled) within a reasonable period, not exceeding 7 (seven) days.
5. The warning is notified to the person holding the assignment or authorization, if responsible for the violation. Otherwise it is notified to the owner of the illegal vessel, if registered in public registers, or, in the impossibility of tracing the responsibility of any person in a certain and unequivocal manner, by means of a notice to the public posted on the Notice Board and in the appropriate spaces available to the Municipal Administration for notices to the public and deposited on the vessel itself.
6. If the assigned deadline has expired in vain, the Concessionaire will haul out and store the vessel in a suitable place of storage, giving prior notice to the competent Port and Maritime Authorities.
7. The Concessionaire informs the interested parties, in the manner provided for in the previous paragraph 5, of the removal, of the place where the vessel is kept, of the methods of release of the same and of the cost of the removal and storage operations, the payment is required for release. The same communication is forwarded, for information, to the Port Authority and the Maritime Authority.

ARTICLE VII
(obligations)

1. The Concessionaire uses its staff to carry out the following services:
a) Cleaning of the water surface of the Port;
b) Cleaning of docks and piers;
c) Cleaning of toilets;
d) Supply of fresh water and electricity connections, bollards/rings/catenary for stern mooring and 1 anchor for bow mooring at each berth.
2. The cleanliness and decorum of the port is also entrusted to common sense and the education of users: those who litter must clean and dispose of it at their own expense.
3. Dilapidated ropes, walkways, water pipes, energy cables, in general any type of equipment/material/encumbrance or which could damage and/or damage the decorum of the port (or which in any case may be left in special cases and with agreement with the Dealer). Special waste cannot be deposited within the port or urban waste can be scattered around. All types of waste must be deposited in the respective separate waste collection bins.

ARTICLE VIII
(general provisions)

The owners of moored boats – or their successors in title – must observe the following provisions of a preventive and general nature, with the Licensee having the right at any time to request on-board inspections from the competent Authority:
• Ventilate the engine compartment before starting petrol engines;
• Periodically check that there are no residues from hydrocarbon leaks in the bilge and that there are no leaks into the water;
• Periodically check that the on-board electrical systems are in perfect working order and maintenance;
• Check that the on-board compartments containing the liquid gas cylinders are adequately ventilated;
• Check that the fire extinguishers on board comply with the regulations in force, in sufficient numbers and in perfect working order;
• In the event of a fire breaking out on board a vessel, everything possible must be done immediately to put out the flames, both by the crew of the vessel concerned and that of nearby vessels, while at the same time notifying the as quickly as possible the manager of the Port, who will take care of reporting the emergency to the competent authorities and to the bodies whose intervention is foreseen, for the necessary measures.
The Concessionaire, according to his prudent assessment, has the right to immediately unmoor the vessel with the fire on board and remove it from the port. The costs relating to interventions carried out as a result of the fires are borne by the responsible customer, who will also be required to pay any compensation for any damage caused to third parties or to the port furnishings/works.
Anyone who has the opportunity to observe the accidental spillage of hydrocarbons onto the water surface or onto quays, piers and piers must immediately notify the Port Manager.

ARTICLE IX
(jurisdiction)

Any dispute that may arise from the contract agreed between the concessionary company and the customer/owner/shipowner will be regulated by current Italian legislation and the competent court is exclusively the Judicial Court of Livorno.

ARTICLE X
(final provisions)

Navigation in the port body of water is governed by the relevant rules of this Regulation, as well as by the general safety rules and by those, possibly more restrictive, issued by the Maritime Authority.

These Regulations, available at the offices, form an integral part of the Mooring Contract, and are deemed to be accepted jointly and severally upon signing the contract itself.

COVID regulations

In order to counter the spread of infectious diseases and in order to guarantee the health safety of the shipping and the port itself, navigation and stopping in the landing place – even temporary and/or transitory – of the pleasure craft must take place with scrupulous observance by all users (owners, crews and guests) of national and international legislation on the prevention of health risks, with the obligation to comply with every provision of the competent Health Authority. In relation to the health risk connected to the onset and spread of pathologies deriving from transmissible viral agents (in particular, Covid-19 infection), where required by law, the owner/captain of each vessel entering the Before the disembarkation operations, the port must complete and send to the competent Maritime Health Office of the Ministry of Health, General Directorate of Health Prevention, the “Maritime Health Declaration for pleasure boating”, or an equivalent declaration relating to the composition and state of health of the people present on board to obtain the status of “free health practice” or “authorisation” from the Health Authority. In any case, should the people on board present pathological conditions, the owner/captain of the vessel must immediately communicate the circumstance to the local Health Authorities and await the subsequent provisions before going ashore.