Section 1 - Definitions

The words marked in capital letters for these Rules and Regulations have the following meaning:

CLIENT(S): Any natural or legal person receiving a service on behalf of VYP;

VESSEL(S): Any kind of water vessel with means of propulsion used for recreational and commercial purposes;

ISPS VESSEL(S): Any vessels equal to or greater than 500 (five hundred) GRT 

registered for commercial use subject to the International Code for the security of ships and port facilities;

DAY(S): Unit of temporary parking time in MOORINGS from 12.00 (midday) arrival to 12.00 (midday) departure the following day;

PRICE LIST: The price list attached to this REGULATION sub 1, applied to VYP for the use of the MOORINGS;

SPECIAL EVENTS:  Celebration of Redentore, Venice Film Festival and any other events of general interest and particular relevance organized at international and local levels will be announced promptly;

PUNTA DELLA SALUTE; The berthing area in concession to VYP was granted by the Venice Port Authority;

ADRIATICA; The quayside in concession to VYP was granted by Venice Port Authority;

RIVA S. BIAGIO: The quayside in concession to VYP was granted by Venice Port Authority;

RIVA SETTE MARTIRI e BANCHINA GHIAIA: The quayside coordinated by the Venice Terminal Passengers S.p.A is granted to Vyp by commercial agreement.

MOORING/BERTH (S): The quaysides, piers and water spaces have been granted by the Venice Port Authority and the Venice Terminal Passengers S.p.A to VYP dated 22/02/2011;

VYP: The company Venice Yacht Pier s.r.l, based in Venice, Santa Marta No.17,

C.F. and VAT number 03349000277, controlled by Venice Terminal Passengers S.p.A., constituted under the art. 6, 23 and 27 of the Act 84/99. 

Section 2 – General Conditions

1. The present conditions regulate the relationship between VYP and it’s CLIENTS
2. Defining a common code of practice for anyone accessing the BERTHS.
   
   
3. The activities undertaken by VYP are authorized by the Venice Port Authority in compliance with port laws and regulations.
   
   
4. Entrance and circulation rules are arranged by VYP in compliance with laws and ordinances forced upon by the Port of Venice.
   
   
5. Precluding unforeseen circumstances and events, VYP performs daily activities within the confined spaces available and in accordance with the REGULATIONS.
   
   
6. VYP ensures that a copy of the REGULATIONS, and any amendments, is available for public consultation at the Venice Port Authority and at their offices
   
   
7. (Building No. 17 St Marta – Venice).
   
   
8. VYP reserve the right to modify the REGULATIONS at any time prior notice, as indicated in article 2.5. CLIENTS with prior bookings will be subject to protection.
   
   
9. The prices indicated the PRICE LIST include BERTH fees, electricity supply,
   
   
10. Safety measures provided for ISPS VESSELS, penalties for illegal BERTH occupation, deposits for bookings requested at special events and the work carried out by ADRIATICA to set up special events.
    
    
11. The staff of VYP is available from Monday to Friday, except public holidays, from 9.00 to 13.00 and from 14.00 to 18.00. For emergencies outside of those hours, call the following number 0039 347 6082425
    
    
12. After hour services may be carried out by VYP by prior arrangement.

Section 3 – Bookings / Cancellations /Extensions

1. DOCK booking requests must be sent to VYP by fax and/or email to the following addresses: 0039 041 2403091 info@veniceyachtpier.com. They must contain: ship name, technical characteristics (overall length, width, draught, gross tonnage and displacement), a copy of the SHIP’s registration certificate, with the MOORING and desired time period. Booking requests must be sent by the CLIENT, the representing Agent or the SHIP’s Commander.
   
   
2. VYP will confirm reception of the booking request by email and/or fax, confirming the availability of the dock, period and will provide the total cost for the MOORING, calculated according to the costs and modes indicated in the PRICE LIST, and the down-payment that must be paid previously to Account n. IT59 L058-5602-0461-0857-1177-421. The Booking request will be acquired as soon as possible, confirmed and inserted in the numerical list referring to the date of presentation of the same.
   
   
3. Booking confirmation, when the requested MOORING is available, uses the name of the SHIP that appears on the MOORING request as reference, and remains confirmed even in the event of a change of Agency.
   
   
4. The CLIENT, or through its representing Agency or Commander, must pay a penitential deposit equal to 50C% (fifty per cent) of the total cost, provided in the confirmation email for the availability of the MOORING, within 3 (three) days of reception of the availability confirmation from VYP.
   
   
5. If the afore mentioned penitential deposit isn’t paid within the terms of the previous point 6, VYP reserves the right to cancel the booking and reserve the requested MOORING for another party; the CLIENT can make no claim whatsoever. VYP retains the right to request the amount due, according to the amounts mentioned in the following point 6.
   
   
6. The cancellation of the bookings, outside the EVENTS, communicated by the CLIENT at least 72 hours before the planned arrival time (with reference arrival time of 12:00), will entitle the CLIENT to full refund of the previously paid deposit. If the CLIENT communicates the cancellation less than 72 hours before planned arrival time (with reference arrival time of 12:00) and up to 48 hours before the planned arrival time (with reference arrival time of 12:00), VYP will refund only 50% of the paid deposit. If the cancellation is communicated less than 48 hours before the planned arrival time (with reference arrival time of 12:00), VYP retains the right to retain the total penitential deposit according to the previous article 4.
   
   
7. In case of EVENTS, the cancellation of the booking that is communicated by the CLIENT at least 15 days before the planned arrival time, will give the CLIENT the right to full refund of the previously paid deposit. If the CLIENT communicates the cancellation less than 15days before, and up to 7 days prior to the planned arrival date, VYP will refund 50% of the previously paid penitential deposit. If the cancellation is communicated less than 7 days before the planned arrival time, VYP retains the right to retain the total penitential deposit according to the previous article 4.
   
   
8. The event of an early departure, according to the planned MOORING period, will result in the charging of only the amount relative to the services actually used, but only if the early departure is communicated by fax or email, at least 48 hours prior to the actual departure. In this case the amount relative to the services that were not used, and that have already been paid by the CLIENT, will be refunded by VYP after the actual departure, with a correction in the invoice. However, if the early departure is communicated less than 48 hours prior to departure, VYP will retain the total sum paid by the CLIENT.
   When the planned MOORING period is of 48 hours or less, early departure, compared to the planned period, will give VYP the right to retain the entire sum paid by the CLIENT.
   The amount of the deposit remains unvaried if the representing Agent or Commander requests a change of dates that reduces the planned mooring period.

9. In the event of several concurrent booking requests, precedence will be granted according to the chronological order of the reception of these requests.
   
   
10. VYP reserves the indisputable right to refuse any booking request if the CLIENT was previously known to have been non-compliant with REGULATIONS and/or insolvent.
    
    
11. Eventual extensions of the MOORING period must be immediately communicated to VYP by the CLIENT via fax and/or email, and VYP will check the availability of the MOORINGS and communicate the consent to the extension period of the MOORING.
    
    
12. If the Booking was made for the CLIENT by an Agency, the Agency will be liable for the payment of the incumbent fees, including eventual penalties, as well as the penitential deposit of the previous point 4, to VYP, in the name of, and for the CLIENT.
    
    
13. The booking requests for the ADRIATICA for the set-up of events, must be sent to VYP by fax and/or email, at least 10 (ten) working days prior to the date of the event. They must contain the: description, duration and purpose of the event, technical characteristics of the staging (size, weight and nature of the materials), as well as a plan of their positions. ADRIATICA booking for events must be confirmed by fax and/or email, and they follow the same regulations as the MOORING requests.

Section 4 – Procedure for using the Berths 

1. VYP will inform the CLIENT the assigned BERTH at least 02 (two) days prior arrival. The docking on the arrival day may take place starting at 12.00 in the appointed BERTH established by VYP. The CLIENT is not authorized to occupy any BERTH other than the designated one given by VYP. If a BERTH is erroneously occupied, the VESSEL will be promptly removed.
   
   
2. If the CLIENT intends to arrive before 12.00 on the arrival day (rather than after 12.00) and a BERTH is available, VYP will authorize the partial extension of docking applying the special tariff specified in the PRICE LIST, indicated in point 5.
   
   
3. The departure must take place before 12.00 on the day agreed with VYP. The CLIENT must promptly free the occupied BERTH. If there is a delay in doing so and problems to the other bookings occur, VYP will charge a penalty equal to the amount specified in the PRICE LIST, indicated in point 5.
   
   
4. If the CLIENT intends to leave before 24.00 on the departure day (rather than before 12.00) and a BERTH is available, VYP will authorize the partial extension of docking, applying the special tariff specified in the PRICE LIST, indicated in point 5.

5. For VESSELS that have not requested a booking and therefore are not included in the schedule, will be given the possible available ports. The VESSELS that fall in this category the “first in, first served” criteria will be applied.(if possible)
   
   
6. If a VESSEL illegally occupies a BERTH without having made prior booking requests to VYP, a penalty equal to the amount specified in the PRICE LIST, point 7, will be applied. Prices are not applied on an hourly basis for the stationing in the BERTHS. This penalty must be paid immediately. In the case where there are available BERTHS, the VESSEL will be required to free immediately the illegally occupied BERTH.
   
   
7. The planning and organization of the BERTHS are subject to changes, if ordered by the Maritime and/or Port Authority, at any time. In the latter, space permitting, VYP will provide other BERTHS.
   
   
8. In any case of force majeure, VYP reserves the right to allocate and/or move VESSELS to BERTHS other than the one specified in the booking prior to the arrival at the CLIENTE’S expense.
   
   
9. Whenever a VESSEL needs to move from one BERTH to another, the transfer must take place within 12.00 (a.m.).
   
   
10. The allocation of the BERTHS and the docking of the VESSELS are determined by VYP taking into account the category and technical characteristics (overall length, width, draft, tonnage and displacement) of each VESSEL (subject or not to the ISPS code) in relation to the technical characteristics of the BERTHS.
    
    
11. For the VESSELS that require the concession of ADRIATICA for the set up of events, VYP will charge a special tariff equal to the amount specified in the PRICE LIST, indicated in point 8. 

12. Some BERTHS are equipped with electrical power. This service is supplied to the CLIENT through electric sockets. The connection to the electrical sockets must be carried out by the CLIENTE with its own lines and adaptable plugs. For the supply of electricity VYP will charge the CLIENT an amount specified in the PRICE LIST, indicated in point 8.
    
    
13. All electrical sockets have a security wire protection being part of the ground system. The CLIENT must be equipped with an isolation transformer on board to isolate the electrical system of the VESSEL from the shore otherwise it could cause corrosion damage to the VESSEL and to the nearby VESSELS. VYP reserves the right not to provide power ground service for its own organizational arrangements. 

Section 5 – Client’s obligations 

1. 1The CLIENT and the operators are required to comply by the provisions laid down by the law and REGULATIONS. Furthermore, to respect health regulations, customs and Italian State tax.
   
   
2. The CLIENT is required to submit at least 48 (forty eight) hours prior to arrival, in writing, to VYP all the necessary information for the issuing of the invoices. The CLIENT guarantees that the information submitted to VYP is true. VYP has the right to verify the information.3.
   
   
3. Any emergency must be immediately reported to the staff of VYP. Telephone No. 0039 3476082425.
   
   
4. The cables and plugs used by the CLIENTS which connect to the power for the supply of electricity must comply with all the safety regulations provided by the Italian legislation (Ref. CEI, UNI) and be installed to perfection so as not to create obstacles along the quayside. The CLIENT must provide the necessary warning protection of the power supply from the socket to the VESSEL. It is strictly forbidden to the CLIENTS to intervene or tamper with the balusters of the electrical supply. 

Section 6 –Responsibility 

1. 1For the services and operations offered, VYP responds only to third parties within the limits set by the law.
   
   
2. VYP is not liable for damages caused by force majeure, cases of accidents, disposition of the Public Authority or by the fault of the person concerned.
   
   
3. Nor it is liable for delays that occur in custom operations, border controls due to the congestion of the access to the port, inadequacy means of transport, port services and/or any other cases.
   
   
4. VYP is not liable for damages that may arise from any vandalism, total or partial theft.
   
   
5. VYP is not responsible for any damage or the loss of goods unloaded o destined to go on the VESSEL.
   
   
6. Any responsibility is declined for the damage or destruction of the goods from provision of the Public Authority.
   
   
7. VYP declines all responsibility for any damage caused by the VESSEL to the BERTHS or to other CLIENTS who occupy adjacent BERTHS. The VESSEL causing the damage is held responsible and therefore must respond directly to the damage.
   
   
8. VYP declines all responsibility to the quality and continuity of the electrical supply on behalf of the supplier. VYP also declines any responsibility for any disturbances or interferences generated by the VESSEL of the CLIENT on the electrical line. In the case of complaints or damage, VYP will consider the CLIENT responsible and will indemnify for any compensation. In the case of failure or severe weather conditions that may comprise the security connection, VYP does not ensure the continuity of the electrical supply. VYP considers the CLIENT responsible for any damage resulting from the sudden unmooring of the VESSEL with the shore power line still connected.

Section 7 – Payments 

1. Payments for the services indicated in the PRICE LIST must be made according to the schedules indicated in the previous article 3 by bank draft or cash (in Euro), according to current regulations.
   
   
2. At the departure of the ship, VYP will emit a regular bill to the CLIENT, indicating the amount due and the total amount that must be paid, in more or in less, according to the previous article 3, minus the penitential deposit that has already been paid, according to the deadlines indicated in the previous article 3.
   
   
3. The amount due, indicated in the invoice, minus the penitential deposit, must be paid by the CLIENT (or in his name by the Agency or Commander), or by VYP, depending on the situation, according to the deadline indicated in the invoice. If the deadline is passed, interests will be calculated on the true late deadline delay, according to the annual interest rate of the ECB, plus seven percent (Legislative Decree. N°231 dated 09.10.2002).
   
   
4. VYP reserves the right, exceptionally and in absolute discretion, to accept deferred payment of that which is due, according to the previous article 3.
   
   
5. VYP has the right to request adequate guarantee to cover any eventual deferred payment, granted according to article 7.4.
   
   
6. VYP has the right to refuse booking to those who have not paid their dues previously or that were bankrupt or refused to offer guarantees, according to previous article 7.4.
   
   
7. It is absolutely forbidden to pay any due, including those found in the PRICE LIST, to anyone who isn’t expressly authorized to collect dues and issue regular receipts.
   
   
8. Eventual requests for the second issue of an invoice must be presented by written request, and will cost the CLIENT 10,00 (ten) Euro for each document, for administrative fees.

Section 8 - Claims related to the services invoiced 

1. Any claims against invoices issued by VYP must be submitted by registered mail to the Management of VYP including the invoice as proof of payment within a maximum period of 30 (thirty) days from the dated invoice. 

Section11 – Privacy 

1. As prescribed by the Italian personal data protection act, (Legislative Decree No 196/2003), any personal or fiscal data acquired by VYP may be processed to allow an effective commercial relation. E-mail addresses which have been submitted to VYP will be used for sending promotional material relative to the services carried out by VYP.
   
   
2. The collected data may be communicated in Italy exclusively for the purposes mentioned above and processed by other parties (consultants and professional)
   
   
3. The interested party may apply all the rights in section 7 of the Legislative Decree N° 196/2003 (including the right of access, rectification, opposition to the treatment and cancellation).