Regulations for the Operation
at Marina de Lagos
OBJECT AND SCOPE OF APPLICATION
- The use of the yacht harbour, known as Marina de Lagos, hereafter called Marina, for whom the concessionaire is MARLAGOS - Iniciativas Turísticas S.A., is governed by the contents of these Regulations.
- The Regulations do not detract from the application of norms of a general character and the competence of the Maritime Authority.
Scope of Application
The regulations are applicable for all persons, individual or collective and things, which are for any reason in the concession area, and also in the complementary areas, in accordance with the Concession Contract.
ENTRY, STAY AND DEPARTURE FROM THE MARINA
- The waters of the Marina and its installations can be used by the boats admitted and the people aboard the boats, as well as by State boats whenever necessary.
- Upon entry to the Marina, all boats must raise the Portuguese flag, as well as the flag of their own nationality and maintain the name and port of registry exhibited on the exterior of the boat in a visible place.
- Access by land to vehicles and people is subject to conditions and regulated by the concessionaire or by duly uniformed agents, or by the same traffic signals used on public roads.
- Access to the Marina is prohibited to boats of more than 30 metres in length from stem to stem and/or an upper draft of more than 3 metres and/or more than 11 metres beam, except by special authorisation from the Maritime Authority upon previous request by the Director of the Marina.
- In the periods, in which, in harmony with the timetable established by the Port Administration, the drawbridge cannot be operated, access to the Marina is prohibited, except by force majeure, and during which time boats must dock in the reception docks.
- Access is also prohibited by application of the contents of the final part of the previous number, outside of the normal operating periods of the reception service and access to which the concessionaire is bound established with the Maritime Authority and the Marina.
- With the exception of the cases indicated in the previous numbers, the concessionaire can only refuse entry based on a ban established by the Maritime Authority or lack of available berths during the period requested for a stay.
- Access can also be barred, as an exception, for significant reasons, namely for reason of sporting events, repair work or dredging of the port, as long as previous agreement has been obtained from the Port and Maritime Authorities.
Formalities and Entry Manoeuvres
- At the beginning of the stay, all recreational boats must tie up at the reception dock for the purpose of:
- regularisation of stay with the reception and control services;
- proceeding with the necessary legal formalities with the Maritime Authorities and Customs;
- making the deposit referred to in article 11.
- Whenever circumstances demand, the manoeuvres of the boats will be assisted by personnel of the maritime staff of the Marina.
- During the stay in the Marina, the proprietors or their representatives must:
- Respect the navigation and manoeuvring rules, namely the conditions arising from the operation of the drawbridge;
- Maintain boats in a duly legalised situation before the services of the Marina, the Maritime Authorities and Customs;
- Keep the boats well tied and in their berths, so that no exterior parts extend over the floating docks and impede free passage;
- Keep the exterior of the boats clean and tidy:
- Keep the name and port of registration of the boat in a legible place on the exterior of the boats;
- Keep the boats perfectly floatable, tied and secure, with special attention to alterations and deterioration of weather conditions;
- Respect neighbours;
- Observe the rules which are established by the concessionaire and posted in the port installations regarding mooring, lighting, noise and other forms of pollution, namely in regard to depositing garbage and evacuation of dirty water and other solid or liquid products;
- Facilitate in all circumstances, even when moored, the movement of other boats, obeying all of the indications of Marina personnel;
- Accompany respective visitors, guests and suppliers on the access to the berths and on board, assuming civil responsibility for any and all acts by these parties.
- During the time that the boats are berthed, their respective owners or their representatives must inform the administrative services of the Marina when they intend to be absent, and indicate the form and location in which they can be contacted or who can represent them, should the need arise.
- During the stay in the Marina, it is not allowed to:
- Navigate by means of a sail and at a speed of more than three knots, namely, upon entering and leaving the port, causing waves which could be harmful to the well-being of others users;
- Empty the sanitary installations or any other dirty water directly into the port, or use containers with chemical or physical treatment systems contrary to the applicable norms, in defence against maritime pollution;
- Empty oil, dirt, debris or any other objects outside the appropriate containers located on the docks or in adjacent areas;
- Test motors and execute any work on the interior of the boats which can annoy the other users from sunset until 9 AM of the following day;
- Use searchlights, except in case of emergency;
- Obstruct the free manoeuvring of the boats;
- Park at the fuelling dock or the reception dock for longer than necessary;
- Make repairs and effect work causing noise, dust, odours or pollution outside of the installations meant for these purposes, namely at the mooring posts; Third parties, non members of the crew cannot work on the yachts unless they have a written authorisation of the Marina;
- Make electrical connections to terminals using plugs other than those indicated by the Marina;
- Use bicycles or motorbikes on the floating docks;
- Use trailers or tents for accommodation or other similar purpose;
- Keep pets, except when tied up so that others are not in any way disturbed and the sanitary norms are complied with;
- Exercise any commercial or publicity activity, except by express authorisation of the Director of the Marina or his representative;
- Use or circulate by car in the area around access gates, except by special written authorisation, given in individual cases by the Director of the Marina or his representative;
- Make noise outdoors, namely with audio instruments from sunset until 9 AM the following day;
- Make an open fire on board, including barbecues, except in the galleys;
- Engage in any activities which cause strong odours;
- Except by authorisation by the Director of the Marina, use the boat as permanent residence, that being sleeping on board for a period of more than 150 days in a calendar year;
- Bathe, swim, practice any nautical sports or engage in fishing of any type in the waters of the Marina.
- To put in the pontoons bicycles, dinghies, fenders, antennae or any other materials or equipments.
- The acts not allowed in the previous numbers are applicable to the proprietors, crew and persons on board, as well as their visitors and any persons, namely suppliers or persons rendering services who have authorisation to be on board, in the port or in the surrounding areas, at the request of the proprietor or person responsible for the boat in berth.
Removal of Boats
- Without prejudice to the respective sanctioning in the terms of these Regulations, the violation of the obligations contained in articles 5, and 11 or of the restrictions stated in article 6, the Director of the Marina has the power to order the immediate removal of boats or other object belonging to any transgressors from the berth which is occupied at that time.
- When the order referred to in the previous number cannot be notified to the transgressor by reasons for which he is not imputed or, when notified, does not comply promptly, the removal can be executed by the services of the concessionaire, and the respective costs will be at the expense of the owner or the person responsible for the boat and paid in the terms of article 11.
- When circumstances demand due to necessary services or bad weather boats may be ordered to change from one slip to another. These moves will be made by the Marina services should the crew not be on board, and such service will be paid by the proprietor or person responsible for the boat, in accordance with article 11.
- The stay can terminate within the timetable established for entry in article 3, provided that the user:
- Shows the document, issued by the Marina, proving that his accounts are up-to-date;
- Has complied with all the formalities required by the Maritime Authorities and Customs within the timetables in effect.
- In case of non-payment of the amounts due, the concessionaire can withhold authorisation for departure of the boat, after communicating with the Maritime Police.
CESSION OF BERTHS
Cession of Berths
- The paid transmission of the right to use of the berths can only be effected through previous communication, in writing, to the concessionaire, for the exercise of the right of first option, as stipulated by the terms of the contract.
- The content of the previous number is applicable for the temporary cession to third parties on a paid basis of the right referred to.
- Unpaid temporary cession to third parties can only be made through previous written communication to the concessionaire and in the terms established in the "Contract of Cession of Mooring Rights", and only for boats of the same class.
- Tariffs due for stays and services rendered contractually by the concessionaire are established annually by the latter, after being duly approved by the public entity which grants the concession, thirty days before the date of application, and are available at the reception of the Marina.
- Except for fortuities or force majeure, the concessionaire assures on an exclusive basis the rendering of the Marina services, which are the objects of the respective contracts.
- Upon completing the check-in procedures, a deposit must be made for the docking tariff and estimated consumption, namely that of water, electricity and telephone.
- The invoices relative to tariffs and consumption must be issued by the concessionaire as soon as they are requested by the user, or, when not requested, must be issued every seven days whenever the stay exceeds this period, and must be paid upon presentation.
- If payments are not made in the terms of the previous number, late¬payment interest will be charged at legal rate, and the Administration of the Marina also has the right not to authorise departure of the boats, should it so deem, after informing the Maritime Authority.
- The mooring tariff is understood to be for periods of 24 hours, starting from 12.00 PM each day.
- Should the user wish to stay longer than originally declared upon arrival, this must be communicated to the Marina services and the deposit referred to in nr. 1 of article 12 must be reinforced on the day before the end of the period initially expected, within the timetables in effect.
INSPECTION AND SANCTIONS
- Inspection of compliance with these Regulations is incumbent upon the concessionaire of the Marina and the Maritime Authority.
- Violation of the contents of these Regulations constitutes a contravention, subject to general Decree-Law nr. 433/82 of 27 October and special Decree-Law nr. 19/84 of 14 January.
- It is incumbent upon the Maritime Authority with jurisdiction in the area to institute suits for the illegal contravention resulting from violation of these Regulations, as well as to institute injunctions and the application of fines and accessory sanctions.
Note: This is a translation of a Portuguese version that prevails in case of doubt.