|
Venice Yacht Pier Rules and Regulations
We currently offer two electronic
versions of our Rules and Regulations; an online
version as found below as well as a downloadable
PDF version which can be
found following the link in the right hand side
menu. Should you not already have a PDF reader,
you can download one for free by clicking here.
For any further information
or clarification please feel free to contact
us via our online email form.
Section 1 - Definitions
For the purposes of these RULES AND REGULATIONS,
the following list of terms (marked in capital
letters throughout) have the following meaning:
| CLIENT(S): |
any party receiving a service
from VYP;
|
| |
|
| VESSEL(S): |
any kind of water craft destined for
recreational purposes even if registered for commercial use;
|
| |
|
| ISPS VESSEL(S): |
any VESSEL of 500 (five hundred) GRT or over
registered for commercial use;
|
| |
|
| DAY(S): |
unit of time governing the length of stay
in the BERTHS from - 12.00 (midday) on the
day of arrival until 12.00 (midday) the next
day. On the day of departure, the DAY finishes
at 11.00; |
| |
|
| RULES AND REGULATIONS: |
the current berthing conditions; |
| |
|
| TARIFF*: |
price list set in place by VYP for the use of it’s
BERTHS as attached in Appendix 1*; |
| |
|
| SALUTE: |
berthing
area in concession to VYP, under a license
granted by the Venice Port Authority; |
| |
|
| ADRIATICA: |
quayside under restoration, the use of which is forecast for July 2007 and onwards; |
| |
|
| RIVA S. BIAGIO: |
quayside in concession to VYP under a license granted by the Venice Port Authority; |
| |
|
| RIVA SETTE MARTIRI &
BANCHINA GHIAIA: |
quaysides
controlled by Venezia Terminal Passeggeri
S.p.A. conceded to VYP on the basis of a
3 year agreement (2005-2007) signed on the
14th of April 2005; |
| |
|
| BERTH(S): |
collectively
any berthing area in concession to VYP from
either the Venice Port Authority (by license),
or Venezia Terminal Passeggeri S.p.A. (by
commercial agreement signed on the 14th of
April 2005); |
| |
|
| VYP: |
Venice
Yacht Pier s.r.l., Fabbricato n. 17, Santa
Marta, Venezia, Italian VAT No. 03349000277,
with major shareholder Venezia Terminal Passeggeri
S.p.A. constituted under article(s) 6, 23
and 27 of law number 84/99. |
| |
|
Section 2 - General Conditions
-
The present conditions regulate the relationship
between VYP and it’s CLIENTS and define a common code of
practice for anyone using the BERTHS.
-
The activities undertaken by VYP are fully
authorised by the Venice Port Authority in accordance with all
port related laws and directives.
-
The local regulations governing entrance, circulation
and stays within the Venetian lagoon are drawn up and enforced
by the city’s harbour master’s office, port authority,
emergency services and city council. Further details are available
through VYP.
-
Except where due to unforeseen circumstances,
VYP carries out it’s day to day activities within the confines
of the space available and in accordance
with the present RULES AND REGULATIONS / TARIFF*.
-
VYP ensures that an updated copy of the present
RULES AND REGULATIONS is always available for public consultation
at the Venice Port Authority as well as at it’s own offices
(Fabbricato 17 – S. Marta - Venezia).
-
VYP reserves the right to modify it’s
RULES AND REGULATIONS at any time without prior notice. In the
event of any amendment, those clients with previously confirmed
bookings should use the RULES AND REGULATIONS valid on the date
of the booking confirmation to determine the conditions applicable.
-
The prices indicated in the TARIFF* reflect
the cost of using the BERTHS and that alone.
-
VYP is operational from Monday to Friday (national
and local holidays excluded), from 08.30 to 12.30 and from 14.00
to 18.00. Outside of these hours and in case of emergency the
following telephone number can be used: +39-3387287820.
-
VYP can operate outside of the above normal
office hours, but only by special request.
Section
3 - Bookings /
Cancellations / Extensions
-
Booking requests for BERTHS must be submitted
to VYP in written form (by fax or email) at least 5 (five) working
days (within 18:00) before the VESSEL’s expected arrival
date. The requests themselves should include the following: the
name and technical characteristics of the VESSEL (length overall,
width, draft and gross tonnage), a copy of the VESSEL’s
certificate of registry, the name of the BERTH and dates requested.
Booking confirmations must be confirmed in written form by email
or fax.
-
CLIENTS making bookings for special events
will have to pay a deposit as detailed in section 5 of the TARIFF.
For these bookings a cancellation made at least 15 (fifteen) days
before the confirmed arrival date will allow for a full refund
of the deposit. Cancellations made less than 15 (fifteen) days
before the confirmed arrival date will result in the total loss
of the deposit.
-
VYP reserves the right to refuse booking requests
to CLIENTS who in the past have not respected the RULES AND REGULATIONS
and/or have had payments overdue.
-
Should a CLIENT wish to extend a stay in a
BERTH beyond the date indicated on the booking confirmation, an
extension request should be made as early as possible in order
to allow VYP to fully evaluate availability and proceed with confirming
the extension.
-
Wherever a booking is made by an agency on
behalf of a CLIENT, the agency assumes full responsibility for
all payments to VYP, inclusive of penalties and deposits.
Section 4 - Procedure For Using
The Berths
-
At least 5 days before the confirmed arrival
date, VYP will communicate the precise position of the BERTH.
The BERTH will be available for use from 12:00 (midday) onwards
on the day of arrival. CLIENTS are forbidden from using BERTHS
other than those specified by VYP. CLIENTS mistakenly occupying
the wrong BERTH will be immediately asked to move.
-
Departure must take place within 11:00 (a.m.)
on the departure date indicated on the booking
confirmation. Should operational problems
arise from a CLIENT deliberately not liberating a BERTH within
this time, VYP reserves the right to charge a penalty as indicated
in section 4 of the TARIFF*.
-
Should a CLIENT wish to extend their stay beyond
the departure date indicated on the booking confirmation, a request
should be made to VYP as soon as possible so that availability
can be checked, a confirmation sent and necessary authorisations
made.
-
Space permitting, should a CLIENT wish to organise
a departure later than 11:00 (a.m.) but no later than 23:00, this
will be authorised by VYP charging a special half-day additional
as listed in the TARIFF*.
-
For any VESSEL that hasn’t made any sort
of berthing request and henceforth hasn’t been included
in VYP’s program, BERTHS will only be assigned where available
and always following the criteria “first come, first served”.
-
VYP will charge unauthorised VESSELS occupying
BERTHS a penalty as per section 4 of the TARIFF. This penalty
is subject to immediate payment and VYP does not allow for hourly
charges. Following payment of the penalty, the VESSEL will be
forced to liberate the occupied BERTH unless space can be otherwise
found and fully authorised by VYP.
-
The planning and organisation of the BERTHS
is subject to change at any time when ordered by the port’s
authorities and/or in the case of operational difficulties. In
this case, space permitting, VYP will do it’s best to find
alternative BERTHS for it’s CLIENTS elsewhere.
-
In any case of force majeure, VYP reserves
the right to move CLIENTS to BERTHS other than that specified
in the booking confirmation. VYP accepts no liability for any
cost resulting from such movements.
-
Whenever a VESSEL has to transfer from one
BERTH to another, the movement must take place within 11:00 (a.m.).
-
The planning and management of the BERTHS by
VYP is carried out taking into account the technical characteristics
of the VESSELS (length overall, width and draft) in relation to
those of the BERTHS as well as the type of VESSEL from a security
standpoint (those subject to ISPS and those not).
Section 5 - Client’s Obbligations
-
CLIENTS are bound to observe the present RULES
AND REGULATIONS as well as all local legislation governing the
Port of Venice including Italian sanitary and customs regulations.
-
CLIENTS must communicate all payment details
in written form at least 48 (forty eight) hours before arrival
at the BERTH. The CLIENT guarantees that the details are accurate.
VYP reserves the right to make checks on the authenticity of such
details.
-
Berthing fees will be adebited even if VYP’s
services are disrupted or suspended due to Force Majeure or reasons
beyond VYP’s control.
-
In case of any emergency, VYP should be informed as soon as possible.
Section 6 - Responsibility
-
VYP’s responsibility for any services
offered or operations undertaken, is bound by the limits drawn
up by applicable Italian laws.
-
VYP accepts no liability for any special, indirect
or consequential loss (including delays, loss of profit, loss
of use and any increased costs or expenses) incurred by the CLIENT
as a result of any act or state of affairs beyond it’s control.
-
VYP accepts no responsibility for damage resulting
from vandalism, or theft of any kind.
-
VYP assumes no responsibility for any damage
or loss of goods on the BERTHS.
-
VYP assumes no responsibility for any damage
or destruction of goods by the port’s authorities (e.g.
customs inspections).
-
VYP assumes no responsibility whatsoever for
any damage inflicted by CLIENTS to BERTHS and/or to other CLIENTS.
Any CLIENT inflicting damage of this nature will be held entirely
responsible.
Section 7 - Payments
-
Payments to VYP for services as listed in the
TARIFF must be paid for in local currency (Euros) before departure
by: bank transfer, cash or credit card.
-
Payments must be made within the payment date
indicated on the invoice. Late payments will be subject to interest
which is chargeable at the European Central Bank main refinancing
rate raised by seven percentage points (as permitted by italian
law no. 231 of 2002).
-
VYP reserves the right to grant credit days.
-
In the case of a credit agreement, VYP reserves
the right to request a bank guarantee to cover the invoice total.
-
VYP reserves the right to refuse booking requests
from CLIENTS who previously have had payments overdue,
or have refused to comply with any of the current RULES AND REGULATIONS.
-
Payments can only be made to VYP employees
and only on release of a receipt or invoice.
-
Requests for the re-issuance of an invoice must
be presented a in written form and will be subject to an administrative
charge of : 10.00 (ten) Euros per document.
Section 8 - Claims
-
Any eventual claims must be sent to VYP in
written form by recorded delivery within 30 (thirty) days from
the date of the contested invoice. The claim should include proof
of payment and also a copy of the contested invoice.
Section 9 - Validity
-
These RULES AND REGULATIONS are valid from
the 1st of January 2007 until the 31st of December 2007.
Section 10 - Jurisdiction
-
These RULES AND REGULATIONS are subject to Italian law, and
any dispute arising under them will be subject to the exclusive
jurisdiction of the court of law of Venice, Italy.
Section 11 - Privacy
-
As prescribed by the Italian personal data protection act,
(see Legislative Decree No. 196 of 30 June 2003), any personal
or fiscal data acquired through either direct or indirect means
may be processed by VYP who in doing so takes on the role of “data
controller”. The processing and transmission of such data
can be undertaken in either electronic and/or printed format
for administrative, contractual and commercial purposes. E-mail
addresses voluntarily submitted to VYP may be used for the sending
of promotional material.
-
Within Italy, collected data can be communicated to third parties
as long as it’s only for the aforementioned purposes.
Thusforth the same regulations on the use of such data are fully
applicable even to third parties.
-
As per section 7 of Legislative Decree No. 196/2003 any party
who’s data has been acquired by VYP may at any time request
confirmation that their data is being held, be notified of the
contents of such data and their origin, verify whether they
are accurate or request that they be completed, updated, corrected,
erased, demand that they be made anonymous or demand that data
held in violation of law be blocked, and such parties may also
object, for legitimate reasons, to the data being processed.
* Tariff and appendices only available by request.
|