Operation at Marina de Lagos

GENERAL TERMS AND CONDITIONS

General conditions

The customer accepts Marina de Lagos' Regulation (available at the reception or on www.marinadelagos.pt), the established reservation and berthing conditions, as well as all the recommendations and procedures issued by the Portuguese authorities and by Marina de Lagos, namely in what regards public health matter and Covid-19.

Reservation confirmation

Reservations are only considered confirmed, and the respective berthing guaranteed for the indicated period, after payment of a reservation deposit in the amount of 25% of the reservation total.

Alterations to reservations

All alterations to reservation dates are subject to confirmation of availability by Marlagos, SA, and may result in changes of the allocated berth, final amount to pay and further berthing conditions.

Any reduction of the confirmed berthing period, after the arrival of the boat, will involve payment of 100% of the cancelled nights of berthing.

Cancellations and alterations

Communication to Marlagos, SA:

  • Reservations < 30 nights
    o Minimum 7 days notice: no cancellation charge.
    o Less than 7 days notice: cancellation charge of 25% of total berthing fees
  • Reservations between 30 and 60 nights
    o Minimum 15 days notice: no cancellation charge.
    o Less 15 days notice: cancellation charge of 25% of total berthing fees.
  • Reservations > 60 nights
    o Minimum 30 days notice: administrative cancellation charge of EUR 50
    o Less than 30 days notice: cancellation charge of 25% of total berthing fees

Conversions

Visitor berthing can be converted into contracts (6, 9 and 12 months) with a maximum retroactivity of 30 days.

Hours of arrival | departure

Arrivals from 12:00h of the first day and departures until 12:00h of the last day of the reservation.

Pets

  • Pets are allowed only if always by the lead.
  • It is not allowed to leave pets unattended on pontoons.
  • Restrooms and showers cannot be used for pets.

BERTHING AGREEMENT AT MARINA DE LAGOS - GENERAL TERMS AND CONDITIONS

  1. Subject Matter: This document governs the berthing of the vessel owned or represented by the Client, by him/her registered at Marina de Lagos, and consists of these General Terms and Conditions and the Special Conditions (Berthing Licence).
  2. Documentation: The owner of the Vessel or the individual responsible for its entry into Marina de Lagos and for entering into this agreement (the "Client") undertakes to provide Marlagos S.A. with the requested identification details, including a valid personal identification document (citizen card or passport), tax identification number, address and proof thereof, personal telephone number, email address, and other details as required, authorising copies to be made.
    1. Should the Vessel not belong to the Client, the personal details and contact information of the owner must also be provided.
    2. The Client shall present the Vessel's documents, including official registration, proof of dimensions, and a valid civil liability insurance policy recognised in Portugal, expressly authorising copies of these documents to be taken.
    3. The Client is required to maintain a valid civil liability insurance policy throughout the Vessel's stay at Marina de Lagos, covering damages of any nature (e.g., material, personal, or other) caused by the Vessel or its users under any circumstances, including while navigating or berthed at the marina.
    4. Notwithstanding the civil liability insurance, the Client remains liable for all damages not covered by the insurance, excluded from it, or exceeding the insured sum.
  3. Duration: This agreement shall last for the period agreed between the Client and Marlagos S.A., as specified in the reservation or entry registration at Marina de Lagos.
    1. Annual contracts shall automatically renew for the same term unless written notice of non-renewal is provided at least 30 days before the end of the initial term or any subsequent renewal period.
    2. Failure by the Client to cancel the automatic renewal of the contract within the specified timeframe will incur a cancellation fee as outlined in clause 3.3.
    3. The Client agrees to fully adhere to the agreed period of stay. No refunds or reimbursements will be issued for cancellations attributable to the Client. In cases where Marlagos S.A. accepts justified modifications to the agreed period of stay, after recalculating the stay based on applicable tariffs for the new period, an additional cancellation fee of 25% of the original value will be charged, to be settled before the Vessel's departure.
  4. Payment: The berthing fee for the Vessel at Marina de Lagos will be calculated based on the price list in effect at the start of the agreement or its renewal, as well as the period of the stay. Payment is due on the start date of the agreement or any of its renewals, upon receipt of an invoice issued by Marlagos S.A. to the address or email provided by the Client.
  5. Non-Compliance: In the event of non-payment, the Client may be subject to interest charges and restrictions as follows: 
    1. A delay exceeding 30 days from the invoice date will result in the cancellation of all discounts or reductions granted and the application of legal interest until full payment is made.
    2. Delays exceeding 60 days for annual or semi-annual contracts will constitute grounds for Marlagos S.A. to terminate the contract and apply the daily visitor rate from the start of the stay until full payment is made.
    3. Marlagos S.A. may disable access cards to private facilities until the payment issue is resolved.
    4. Marlagos S.A. may relocate the Vessel to another berthing space until full payment is made, which will include the entire stay period, interest, and any costs incurred by the Vessel during the stay.
    5. In the event of legal action or other litigation, the Client will be liable for all legal and extrajudicial expenses incurred by Marlagos S.A. due to Client's default.
  6. Retention Right:  Non-payment of issued invoices grants Marlagos S.A. the right to retain the Vessel and prevent its navigation within the marina or departure until the issue is resolved.
  7. Vessel Absence: Should the Vessel be absent from Marina de Lagos for three days or more, the Client must notify Marlagos S.A. of such absences in advance via email and formalise the Vessel’s departure at the marina reception or, if not possible, in writing, such as by email, and expressly authorises Marlagos S.A. to freely use the assigned berth during such absences. In the event of an early return of the Vessel before the notified period, Marlagos S.A. will provide an equivalent mooring space if the original one is unavailable.
  8. Assignment of Position: The Client may not transfer or assign berthing rights to third parties without prior express consent of Marlagos S.A., which must include compliance with marina registration and entry procedures.
  9. Liability of Marlagos S.A.: During the Vessel's stay, Marlagos S.A. is only liable to the Client for damages caused by its employees or representatives, including while handling the Vessel or other vessels, or for unlawful acts committed with intent or gross negligence.
    1. Marlagos S.A. explicitly excludes liability for, but not limited to:
      1. Damage to the Vessel caused by other Clients or third-party marina users in transit areas or access pontoons;
      2. Damage from manoeuvres performed by the Vessel or other vessels, including scratches, structural damage, or other harm;
      3. Damage resulting from other vessels, such as fires, oil spills, fuel leaks, or short circuits;
      4. Damage from natural phenomena, including storms, earthquakes, severe weather, or natural disasters;
      5. Theft of the Vessel and/or its contents.
  10. Data Protection: Marlagos S.A., as the data controller, will collect, retain, and process the Client's personal data as required to fulfil legal obligations and this agreement, with the Client’s express consent. Marlagos S.A. commits to confidentiality, restricting access to personal data to the extent necessary for normal operations or as required by Official Authorities. Clients have the right to access, rectify, or delete their data and withdraw consent at any time without affecting the legality of prior processing. Complaints regarding data processing may be directed to the Portuguese Data Protection Authority.
    1. Clients may exercise their data protection rights by contacting Marlagos S.A. at marlagos@marlagos.pt.
  11. Applicable Provisions: By registering, entering and staying in Marina de Lagos, the Client confirms their awareness and acceptance of the Marina de Lagos Regulations (available at reception and at www.marinadelagos.pt), General Terms and Conditions, the General Terms and Conditions of Berthing at Marina de Lagos, and all applicable recommendations and procedures issued by Portuguese Authorities, including maritime and border control authorities, the GNR, and Marlagos S.A.
  12. Conventional Domicile: The parties agree that their domicile for legal notifications is as provided in their identification. Changes of address must be communicated in writing to the other party, failing which notifications to the original address will remain valid.
  13. Jurisdiction: For disputes arising from this agreement, the parties designate the courts of Faro as the competent jurisdiction, without prejudice to the jurisdiction of other bodies, such as the National Injunction Service.
  14. Consumer Disputes: Consumer disputes may be referred to the Algarve Consumer Dispute Information, Mediation, and Arbitration Centre: Tel: 289823135 / www.consumidoronline.pt / apoio@consumidoronline.pt.
  15. Information: By signing this agreement, the Client expressly accepts all its terms and conditions, acknowledging their content, meaning, and implications in the context of the specific agreement between the parties.

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General Terms and Conditions