Article 1 - Definitions in RULES and REGULATIONS: the terms and expressions in capitals will have the following meaning:
any physical or juridical person on whose behalf VYP provides the services.
any construction of any type and with any means of propulsion for pleasure cruising even if used for commercial purposes.
any vessels with GRT of 500 GRT or over registered for commercial use and subject to the ISPS Code. DAY: temporal unit of measurement for BERTHING from 12.00 noon of the day of arrival to 12.00 noon the following day.
the price list attached as sub 1 to the present RULES AND REGULATIONS and is applied by VYP for the use of BERTHS.
SPECIAL EVENTS: the opening of the Biennial of Architecture, the Feast of the Redentore, the Mostra del Cinema di Venezia and any other events of general interest or of special importance organized internationally or locally (the event schedule will be made available promptly).
PUNTA DELLA SALUTE:
the stretch of water that has been granted in concession to VYP by the Venetian Port Authorities.
ADRIATICA the mooring place granted in concession to VYP by the Venetian Port Authorities.
RIVA S. BIAGIO: the mooring place granted in concession to VYP by the Venetian Port Authorities.
RIVA SETTE MARTIRI and BANCHINA GHIAIA mooring places: their joint use with Venezia Terminal Passeggeri S.p.A. was granted in concession to VYP for a three year term (2011-2013) following the execution of the agreement signed on 22/02/2011;
collectively the moorings, the docks and the stretches of water which have been granted in concession by the Port Authorities to VYP and by Terminal Passeggeri S.p.A. pursuant the agreement executed on the 22/02/2011;
the company Venice Yacht Pier s.r.l. with head office in Venice, Santa Marta, Fabbricato n. 17, Tax Code and VAT registration number 03349000277, controlled by Venezia Terminal Passeggeri S.p.A. and established according to the provisions of articles 6, 23 and 27 of law 84/99.
2. General Provisions
1. The present rules and regulations regulate the relations between VYP and CLIENTS and lay out the procedures to follow by all persons who access the BERTHS.
2. The exercise of maritime activities by VYP is authorized by the Harbormaster of Venice in compliance with the current regulations in force with regards to dockage.
3. The provisions for entrance, circulation and docking are specified by VYP in compliance with the law, rules and use in force in the Port of Venice.
4. VYP shall carry out the operations provided for in the RULES AND REGULATIONS at the prices and under the conditions stated, depending on the availability of dockage and in the absence of special conditions or events over which VYP has no control.
5. VYP publishes the RULES AND REGULATIONS and any changes thereto, in the offices of the Harbormaster of Venice and in our own offices (Fabbricato 17, Santa Marta, Venice).
6. VYP reserves the right to modify the RULES AND REGULATIONS, even while the same are in effect, after prior clarification as per art. 2.5. The rights of CLIENTS who have already made a booking will not be affected.
7. The prices shown in the PRICE LIST include rates for the docking in BERTHS, the supply of electric power, security measures for ISPS YACHTS, penalties for the unauthorized docking in BERTHS, advance payment for booking special events, use of the ADRIATICA dockage for events.
8. VYP staff working hours are Monday to Friday excluding bank holidays, from 9.00am to 1.00pm and 2.00pm to 6.00pm. For emergencies outside working hours please contact + 39 347 6082425.
9. Service is available outside working hours. Please contact VYP for details.
Article 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 email@example.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 40C% (fourty 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 4, 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.
4. Dockage regulations
1. VYP shall advise the CLIENT at least 2 (two) days before its arrival which berth has been reserved. Docking on the day of arrival in the assigned BERTH can take place after 12.00 noon. The CLIENT is strictly forbidden to occupy a different BERTH from the one assigned by VYP.
2. If a YACHT mistakenly occupies a BERTH different from the BERTH assigned, the YACHT must be moved immediately. If a CLIENT intends to arrive before 12.00 noon on the arrival day arranged with VYP when the booking was made (instead of after 12.00 noon), and BERTHS are available, VYP will authorize a partial extension of the dockage and apply the special rate indicated in the PRICE LISTS at 4.
3. The YACHT must depart within 12.00 (noon) of the day arranged with VYP at the time of booking. The CLIENT must free the occupied BERTH promptly and, should the departure be delayed causing complications to the bookings schedule, VYP shall charge a penalty equal to the amount shown in the PRICE LIST at 6.
4. If a CLIENT would like to leave within 12.00 midnight (instead of 12 noon) of the day of departure arranged with VYP at the time of booking, and there are BERTHS available, VYP shall authorize the partial extension of dockage and apply a special rate as shown in the PRICE LIST at 4.
5. If a YACHT has not made an advance booking and, as a result, is not included in the booking schedule, it will be assigned a free dockage, if any. In this case, dockage will be assigned on a “first come, first served” basis.
6. If a YACHT occupies a BERTH without authorization from VYP, it will be charged a penalty amounting to the rate shown in the PRICE LIST at 4. The penalty must be paid without delay. BERTHING rates are not charged on an hourly basis. Unless there is a vacant BERTH, the YACHT shall immediately vacate the BERTH it has occupied without authorization.
7. The BERTH booking schedule can be changed by VYP, and its decision shall be final, for technical or operational reasons or following an order issued by the Harbormaster and/or maritime authorities. In this case, VYP shall make every effort to provide other BERTHS depending what dockage is available. It is understood that the CLIENT may not claim compensation.
8. In case of force majeure VYP reserves the right to assign/move the YACHTS to a BERTH different from the one communicated before the arrival and at the CLIENT’s cost. VYP’s decision shall be final. It is understood that the CLIENT may not claim compensation.
9. If the YACHT has to move from one BERTH to another, the transfer must be carried out by 12.00 noon.
10. How BERTHS are allocated and the how YACHTS must dock is determined exclusively by VYP depending on the YACHT category (subject to ISPS) and the technical specifications (LOA, beam, draft, tonnage and displacement) of each YACHT with regard to the BERTH specs.
11. For YACHTS requesting to use ADRIATICA for the organization of events, VYP will charge a special rate shown in the PRICE LIST at 8.
12. A number of BERTHS are equipped with electric shore power. This service is provided to the CLIENT from the power outlet. The connection to the power outlet must be done by the CLIENT using own power lines and the appropriate plugs. For the supply of electric power, VYP will charge the client the amount shown in the PRICE LIST at 9. For damage caused by using the power pedestals refer to the art. 5.4.
13. All electric power outlets are equipped with a shore based protective conductor. The CLIENT must equip the YACHT with an isolation transformer to isolate the YACHT’s electrical system from the shore so as to prevent corrosion from damaging the YACHT and other nearby yachts. VYP reserves the right not to supply the electric shore power service also for own organization requirements. VPY’s decision is final.
5. Client’s Obbligations
1. The CLIENT and crew must comply with all the provisions of the laws in force and the RULES AND REGULATIONS which must be read beforehand. The above also commit to complying with health regulations, customs and tax provisions issued by the Italian government.
2. The CLIENT must communicate to VYP all the information required to issue invoices at least 48 (forty-eight) hours before arrival. The CLIENT also guarantees that the information provided is true and accurate. VYP has the right to check said information.
3. Any emergency must be reported immediately to VYP at + 39 3476082425.
4. All cables and plugs used by CLIENTS which are connected to the shore electric power sockets must comply with the current safety rules and regulations under Italian law (Ref. CEI, UNI). They must be appropriately installed and not hinder passage and operations on the dockside. The CLIENT must ensure the electric cables are suitably signposted and protected from the YACHT to the power outlet. CLIENTS are strictly forbidden to tamper with or disable the power pedestals. Damages caused by the CLIENT to infrastructure and/or the CLIENT and/or other yachts by the improper use of power lines, either accidental or deliberate, shall be compensated by the same CLIENT who shall indemnify and hold VYP harmless from any liability.
1. With regards to operations carried out and sundry services requested, VYP is liable to third parties within the limits provided by the current laws in force.
2. VYP shall not be liable for damage caused by accidents or force majeure, or following orders issued by the Public Authorities or by misconduct of the persons concerned. Furthermore, VYP shall not be liable for any delays that may occur at customs, boarder checks, or delays due to traffic congestion of the port access lanes, to the lack of means of transport or to the port services or to any other cause over which it has no control.
3. VYP shall not be liable for damages which might derive from vandalism, total or partial theft.
4. VYP shall not be liable for damages or loss to goods unloaded from or waiting to be loaded on the YACHTS.
5. VYP shall not be liable for damage to or destruction of goods following an order by the Public Authorities.
6. VYP declines all responsibility for any damages caused by the YACHTS to the BERTHS or to other CLIENTS who are moored close by. The YACHT which caused the damage shall be directly liable for the damages caused and shall indemnify and hold VYP harmless.
7. VYP takes no responsibility with regards to the quality and continuity of the supply of electric shore power by the service provider. VYP takes no responsibility for any disturbance or interference generated by the CLIENT’S YACHT to the power lines. In case of complaints or damage VYP shall deem the client liable and shall seek recourse from the same in case of claims. In the case of a serious malfunction or meteorological events which might compromise the security of the connection, VYP does not guaranty the continuity of electric power supply. VYP deems the CLIENT to be the sole party responsible for any damage caused by the sudden unmooring of the YACHT with the shore power cable attached.
Article 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.
1. Complaints about invoices issued by VYP must be sent by registered with letter return receipt to VYP Management together with the receipted invoice as proof of payment within 30 (thirty) days from the date of issuance of the invoice.
1. The REGULATIONS are valid as from the 1st January 2020 until the 1st December 2020
10. Jurisdiction and venue
The RULES AND REGULATIONS are subject to Italian Law and the place of jurisdiction is the Court of Venice.
11. Processing of personal data
Article 11 - Processing of personal data1. Pursuant to Regulation (EU) 2016/679 (General Data Protection Regulation – hereinafter only, GDPR), the company Venice Yacht Pier Srl, as Data Controller, notifies the Customer of the Information pursuant to Articles 13 and 14 GDPR, regarding the processing of personal data collected. The extended information, called Customer Information, is published in the Privacy section of the website www.veniceyachtpier.com