The following terms and conditions of service (hereinafter “ToS”) were drafted by the Marina di Torre Annunziata S.r.l., with registered office in Via Terragneta no. 72 – Torre Annunziata (NA) -, in its capacity as owner, concessionaire and manager of the marine state property areas covered by the State Property Concession no. 10 of the register issued on 27/12/2018 by the competent IV Department of the Torre Annunziata (NA) Municipality’s Marine State Property Service, consisting of all the works, on land and at sea, represented by the plan attached to these Regulations (Annex 1).
The intended use of the harbour and its infrastructures is of technical nature, to serve the main (and exclusive) activity of boat hauling and launching, which is carried out through the utilization of the specific equipment supplied by the business.
The undersigned concessionaire deals with the management of boat hauling and launching services, be it for leisure, trading, fishing or other purposes; it also offers repair and maintenance services to trading ships and private boats (save for the engine).
A program of recovery and development of the infrastructures constituting the dock is currently underway, with the goal of expanding and improving the range of services provided to meet the needs of its user base. In the meantime, the activities and services will be limited to supporting the main ongoing business.
The following Terms (ToS) expressly refer to the contents of the external set of terms readied for the structures of the dock, which is already in execution (to be found as an attachment).
To best identify the areas of interest related to the dock, it is mandatory to provide a technical, illustrative description of the location and nearby activities. The area of the Marina di Torre Annunziata S.r.l. is located North of the old town of the homonymous habited area; below are the reference GPS coordinates for the access points that outline the docking areas:
Headlights and spotlights (under maintenance):
Access hours: limited, from 08,00 to 17,00
Access modus: Pre-emptive communication with the association before each access (see art. 9 for details).
Seabed depth: up to 2,5 m max.
Responsible party: Marina di Torre Annunziata S.r.l., v. Terragneta, 72 – 80058 Torre Annunziata (NA) – tel.: +39 081 19042074 – email: [email protected] – website: www.marinaditorreannunziata.it
Berths – technical stopover: 30
Winds: north winds in the early morning hours.
Crosswind: westwind from 11 to sunset.
Sheltered docking: Quadrants I and II.
Nearest safe shaves: Castellammare di Stabia
The Landing lies partly on the area owned by the Marina di Torre Annunziata S.r.l. and, for the part relating to the access channel, on the area of the marine State Property Office in the Municipality of Torre Annunziata (NA), following the issuing of the State Property Concession no. 10/2018 by the Municipality of Torre Annunziata – State Property Office – (see attachment 2).
Art. 1 – Subject matter and scope of the ToS
The Terms of Service, including the annexes, drawn up in compliance with the provisions of the current marine state concession, regulate and coordinate the performance of port activities and the use of services relating to the use of facilities, both at sea and on land, within the dock.
The concessionaire and all its users who utilize the services provided by the managing company are obliged to comply with these Terms as well as provisions laid down in current legislation concerning navigation safety, protection of the marine environment and public health, insofar as they are applicable to the individual case.
The users, visitors and regulars, of the dock are obliged to observe the rules stated in these Terms, which they implicitly accept with the mere access to the facility. To this end, the Management must display all notices, information, circulars, and instructions concerning the rules imposed on users/visitors on a notice board located at the entrances to the Merchant Navy. These Terms shall also be published on the website www.marinaditorreannunziata.it.
The user is, under any circumstance, obliged to comply with the rules concerning the administrative regime of leisure boating, customs, police and safety matters, as well as the prescriptions of these Terms and the provisions issued from time to time by the Management within the scope of its specific competences and shall be held liable, both civilly and criminally, for any infringements committed.
Art. 2 – Definitions
By “Company”, we mean the Concessionary and Administrator of the Torre Annunziata harbour, called Marina di Torre Annunziata S.r.l.
By “Merchant Navy” or “Licensed Area”, we mean the area referred to in the current sea state concession, as shown in the general plan (Annex 1).
By “User”, we mean the natural or legal person using the service within the Merchant Navy, or any other entity within the licensed area at any given time.
By “Personnel”, we mean all the subjects, employees, collaborators, consultants or suppliers of the Company, assigned to the various activities of Merchant Navy management and made appropriately recognisable and identifiable by means of uniforms, and/or other unequivocal signs of recognition and identification.
By “Management”, we mean the bodies of the Company, jointly and/or severally responsible for planning, coordinating and controlling the management activities of the technical dock.
By “Office”, we mean the building located inside the nautical centre on the north/east side, consisting of the administrative and reception offices.
By “Marine Authority”, we mean, unless otherwise specified, the Marine District Office of Torre Annunziata.
By “Waterway”, we mean the protected basin area of the technical dock, including berths, channels and manoeuvring spaces, evolution circles, special areas reserved for the mooring of rescue and surveillance means.
By “Harbour Entrance” or “Sea Passage”, we mean the entrance section to the protected water area of the Dock.
By “Access channel”, we mean the channel, outside the protected harbour basin, leading from the open sea to the entrance of the Dock and the forebay.
By “jetty”, we mean the structure inside the Merchant Navy, floating and/or fixed, intended for the mooring of units.
By “quay”, we mean the fixed structure inside the Merchant Navy, which delimits the internal perimeter of the port basin, intended for the approach and mooring of units, for the transit of people and vehicles, and as a support for the root of the jetties.
By “Unit”, we mean any vessel, craft and ship of any type and classification.
By “Manoeuvring Channel”, we mean any channel within the Merchant Navy intended for manoeuvring, the general movement of units and the manoeuvring of units to their berths.
By “Berth”, we mean a portion of water, usually rectangular in shape, adjacent to a quay or jetty and intended for mooring a craft.
By “Floating Dock”, we mean the arrangement of the berths shown on the plan displayed on the notice board in the Management office, indicating and identifying the individual berths.
By “shipyard”, we mean the area specially equipped for services in general relating to the maintenance, repair, handling on land and in water of units.
By “Length”, we mean the maximum length of a recreational craft, including all temporary or permanent longitudinal appendages, such as pulpits, bowsprits, davits, the tender (if hoisted at the stern) and the bathing platform or dolphin boat.
Art. 3 – Publicity and Terms Amendments
The Company shall publicise the Terms of Service by leaving sufficient copies at the entrance of the Dock and in the premises accessible to the public, and/or through any other form of dissemination deemed appropriate by the Management, also in order to better specify the relevant rules of conduct.
The Company may, however, propose updates and/or additions to these Terms for the exclusive purpose of making them safer, more efficient and functional to Users.
Art. 4 – Port Operations and Management
The Company shall carry out all activities related to the management of the Merchant Navy, either directly or through a third party, in full compliance with the Concession and applicable regulations.
Management is responsible for planning, coordination and control of services and administration related activities.
The Management is supported by the Staff, and both carry out their activities according to the directives and orders given by the Company’s Administration. To this end, the Management plans and coordinates the deployment of the Staff – which is recognisable by its identity, functions and clothing. Notwithstanding the competences of the Public Administrations, compliance with the regulations in place is ensured and monitored, within the dock, also by the Management and the Staff, who report any violations to the competent Authority. In order to ensure compliance with these Terms, the Management and the Staff may give appropriate instructions to Users, who shall scrupulously observe them.
Unless otherwise specified by the Terms of Service, and subject to the requirements of the law, the Company remains ultimately responsible for compliance with the provisions of the Concession and the applicable legislation.
Art. 5 – About Management
The Company, either directly or through third parties, in addition to the main services of launching and hauling boats, undertakes a series of functional services to ensure the correct and regular use of the works under concession, including, purely by way of example, the following:
Art. 6 – Disbursement and use of the main activity of launching and hauling
Launching and hauling is regulated as follows:
Art. 7 – Obligations of the User
The User is directly responsible for the strict observance of the laws, of the Terms of Service and regulations concerning the administrative regime of the ships, customs, police and security, as well as of the possible dispositions and particular instructions given by the Management.
Any Personnel detecting and/or contesting infringements on the part of the User must immediately inform the Management, which, if necessary, will inform the competent Authorities. In any case, the Company reserves the right to adopt special measures against the Users, i.e. to remove both the boat and those responsible. Notwithstanding to the sanctions established in general terms and falling within the competence of the Marine Authority, the Company shall publicise the behavioural prescriptions and the relative sanctions established, to the extent of its competence, to implement the provisions by the competent Marine Office.
The User is also obliged to take appropriate measures to protect himself and his property from theft, fire, damage and the like.
All the units using the dock must be insured with a “compulsory for civil liability deriving from leisure boating” policy, for the minimum legal limits, according to the type of unit. A copy of the policy, and of the subsequent renewals, shall be delivered to the Company, or exhibited at the request of the Personnel, who may request the integration of its value, if deemed inadequate. In case the User intends to provide his unit with an additional insurance coverage for “damage to the private craft”, the policy shall contain an express clause of renunciation of the insurance company to compensation in case of damage to the unit or to the goods located on or inside it towards the Company and/or third parties entrusted, sub-entrusted or taking over the management of the dock for any reason.
In case of lack of insurance coverage, or of insufficient insured value, the Management may deny access to the Merchant Navy.
Art. 8 – Limits of Liability
The Company shall always be held not accountable for the damages to people and things within the Merchant Navy caused by the Users and/or by third parties, even if unknown, or by things and animals.
The Company provides a general surveillance service on the facilities and installations but does not assume any obligation towards the owners of the boats or cars and is not liable for any thefts or damages, even partial, that may occur within the Merchant Navy, including those on board of the units, vehicles, or inside the Merchant Navy’s real estate units, since both the boats and the cars and the objects contained in them are not entrusted for custody.
The Company is also not liable for damages to persons and property within the Merchant Navy in case of adverse weather conditions, natural disasters, riots, vandalism, war events, strikes, fires, unavailability of the premises and force majeure or accidental events.
Similarly, the Company assumes no liability for personal injury resulting from the tortious acts of others and, in any case, from unforeseeable or unavoidable events.
Similarly, the Company is not liable for any fires that may occur on board the boats, even if propagated by another boat. Each User shall eventually provide for the insurance coverage that he/she deems appropriate for the protection of his/her person and property. The Company is willing to cooperate, in compliance with the laws in force and within the limits of the means at its disposal, in the identification of possible responsible persons.
NAVIGATION IN THE PORT AREA – PARKING
Art. 9 – Entry and exit from the Merchant Navy – Navigation in the harbour area
The entrance to the dock and the transit in the access channel are exclusively allowed to the boats using the launching and hauling services.
Boats wishing to use the company’s services, in order to access the dock, must apply for prior authorisation to the competent office – TEL: +39 081 19042074 – email: [email protected] from 08,30 to 17,00 on Mondays to Fridays, at least 24 hours before the day on which the requested activity is to be carried out. Entry into the Merchant Navy is allowed only to vessels that are in a seaworthy condition, i.e. in a condition to navigate safely according to the type and model of the vessel, with prior consent by connecting to VHF channel 77. Possible units in difficulty or in trouble that need to enter the Merchant Navy must ask for the help of the Direction which, in agreement with the Marine Authority, will provide the most suitable solution to face the emergency. During the manoeuvres to enter and exit the Merchant Navy and during all internal movements, the units must:
Navigation in port waters must be carried out using only mechanical propulsion or rowing. Private craft propelled exclusively by sail shall:
The Captains of the units in general must take all precautions and measures of prudence and safety in order to prevent situations of danger and/or damage to third parties and/or the port facilities.
While navigating in the Merchant Navy ‘s water area, a safe speed must be maintained – i.e. the speed which does not constitute a danger, disturbance or element of wave motion and/or water agitation which could cause damage to other navigating units or moorings – and, in any case, it must not exceed 4 (four) knots.
Boats assigned to port services for proven necessity are excluded from this limitation.
It is forbidden to use jet skis or other similar means in the port unless specifically authorised by the Management and in compliance with the speed limits.
Art. 10 – Boat manoeuvres
All manoeuvres within the Merchant Navy must be carried out in full compliance with the instructions given by the staff, who may order the movement of the boats and the mooring movements necessary in case of emergency, for particular and motivated needs related to the Merchant Navy ‘s operations or for provisions issued by the Marine Authority.
In case of absence of the owner and his employees, or in case of refusal by the same to carry out the manoeuvres and mooring movements indicated by the Personnel, the Company may provide directly with the use of its own Personnel and/or trusted third parties.
Art. 11 – Parking regulations
In case of prolongation of the stay as indicated in art. 6, each User, also in transit, is obliged to deliver to the Merchant Navy offices a copy of the navigation licence, of the valid insurance policy and of the identification document of the person in charge of the boat.
Each User is obliged to report immediately any change and can only use the place reserved to him, with absolute prohibition to moor elsewhere – except for express indication and/or necessity, also management necessity, of the Management.
Art. 12 – Mooring procedures
It is forbidden to all units, except in case of force majeure, to drop anchors inside the dock. The units have to moor exclusively to the bollards, to the catenaries specifically provided, according to the indications, which will be given by the Merchant Navy staff, and they are responsible for any damage caused by them.
It is forbidden to moor at the piers or docks with the hauling lines of the catenaries. Such mooring must be carried out with the user’s own ropes and cables of adequate diameter and in good condition.
Each User is responsible for the safety of his own unit in relation to its mooring arrangements.
Efficient wings must be placed on the sides, adequate to the size of the unit and in sufficient number to avoid damage to their own and other vessels. The use of wing covers is also recommended.
It is forbidden to keep protrusions on board.
Mooring next to jetties and/or quays will be allowed only with prior authorisation of the staff, and in any case in areas where mooring can be carried out in this way, i.e. away from areas with traps.
In case of temporary and short absence from the boat, the gangway must be retracted or raised; in case of prolonged absence, it must be completely retracted.
The Merchant Navy staff of Torre Annunziata may order the reinforcement of the moorings, if considered unsuitable, charging the User with the relevant expenses.
Art. 13 – Cooperation
The User, his crew or the keeper of the units must not hinder the manoeuvres of the other units and cannot refuse to cooperate, to widen or tighten the mooring, or to do anything else necessary to facilitate the movements of the other units.
Art. 14 – Safe parking
All the units entering the port must be in perfect efficiency for the safety of the stationing and in compliance with the prescriptions issued in this regard by the competent Marine and Flag Authorities.
The Management, if there are well-founded reasons, may request that inspections be carried out on board of the units by the competent Marine Authority.
If a unit is in a state of abandonment or runs the risk of sinking or causing damage to surrounding units and equipment, the User or any custodian shall be notified immediately so that the problem can be addressed. If the latter fails to do so within the terms established by the Owner – or in case of urgency – the boat will be hauled ashore at the expense of the owner, notwithstanding any other remedy, also according to the law, that the Merchant Navy may have against the User.
It is forbidden to start the propellers when the boat is moored.
Art. 15 – Access restrictions
The Company has the right to temporarily restrict or regulate the access of the Users to certain portions of the water and/or land areas of the Merchant Navy, in order to carry out works, to perform public or private events or for other reasons related to the operation and commercial use of the Merchant Navy.
The Users are obliged to respect such temporary limitations or disciplines.
Art. 16 – Sinking of the unit
If a vessel sinks in the port, the outpost or in its vicinity, the owner will be obliged to remove or dismantle the wreck after obtaining the approval of the Management, subject to the clearance of the Marine Authority.
Art. 17 – General prohibitions
For the prohibitions enforced at the docks, express reference is made to what is established in the external regulations here attached.
It is also pointed out that the dock is equipped with a closed-circuit video surveillance system, in compliance with privacy regulations.
It is absolutely forbidden to use oxy-hydrogen flames and in general other open flame devices and instruments.
It is absolutely forbidden to embark, disembark and keep dangerous goods on board.
Within the Navy, it is forbidden to use unnecessary searchlights and acoustic signals.
In the waters of the Merchant Navy and at the entrance, it is forbidden to bathe, to collect seafood and other shellfish, and to fish with any equipment, including underwater fishing.
It is forbidden to dive – even in the proximity of the units – to carry out visits, interventions or repairs. These activities must be carried out only by specialised personnel, recognised and authorised by the Management.
It is forbidden to obstruct and/or modify the quays, piers and jetties and all areas not expressly destined for this purpose with on-board equipment (hoods, gangways, lifebuoys, rubber dinghies, wings, etc.) in any way, with objects or materials of any kind. In the event of non-compliance, the staff will remove the unauthorised items and clean the area concerned, at the expense of the User responsible.
It is forbidden to deposit bait and live or dead fish in the waste bins, or to abandon them in the port area.
It is forbidden to operate the units’ main or auxiliary engines for testing and battery recharging, except for proven and particular needs. If the Staff authorises the main engines to be kept running for a maximum of half an hour between 10 a.m. and 12.30 p.m. and between 4 p.m. and 6.30 p.m., the unit must be equipped with suitable guards for the external exhaust designed for the discharge of cooling water in order to avoid it being projected towards other units.
The carrying out of maintenance and repair works on board or on the quay, which imply the possibility of disturbance or danger of damage to things or people, is subject to the prior authorisation of the person in charge of the landing place, and shall take place only in exceptional cases of real necessity.
It is forbidden to leave the halyards on the mast.
It is forbidden to leave the bow sails (jib and genoa) without having secured and tied them in a suitable way.
It is forbidden to leave the dinghy in the water, except when it is used for maintenance of the unit.
Art. 18 – Prohibition of discharging objects and liquids into the sea
It is forbidden to empty bilge water, wastewater, throw objects, debris and waste of any kind (including cigarette butts) into the Dock, both in the water and on the quays, piers and jetties.
Violators who do not respect the prohibition to discharge liquid and solid waste into the sea will be reported to the competent Maritime Authority for polluting.
RULES RELATING TO SERVICES
Art. 19 – Services – General rules
The Users, whether fixed or in transit, may use the services provided by the Company according to the procedures established for this purpose, and where appropriate, the relative tariff will be applied.
These services are subject to the exclusivity clause, as per art. 1567 of the Civil Code.
Art. 20 – Site operations
The launching and hauling of the units inside the Dock is allowed only in the specially equipped area.
Art. 21 – Access to the work area
In the stretch of water in front of the worksite and in particular in the hauling tank, only the units authorised by the Administration of the worksite will be allowed to stop.
Art. 22 – Transit for shelter
In case of weather conditions higher than grade 6 on the Beaufort scale, or if such conditions are expected within the next 24 hours, the Management is authorised to accommodate as many units as possible.
This exemption will cease as soon as these conditions improve, with a stable tendency towards improvement.
RULES ON ACCESSING PORT AREAS AND INTERNAL TRAFFIC
Art. 23 – Pedestrian access
All the pedestrian paths of the Merchant Navy are for public access and use.
The access to the piers is forbidden to any kind of motor vehicle, except for those used by the service staff.
The access to the piers is reserved to the users, in order to balance the needs of public security and privacy with the public use of the port areas.
Pets are allowed inside the Merchant Navy, as long as they are kept on a leash, muzzled and in compliance with the hygiene and sanitary regulations. In particular, the Users and the occasional public must remove their pets’ droppings (urine and excrements) and take all precautions to avoid that the presence of animals can cause nuisance to anyone.
Considering that the whole area of the Merchant Navy is characterised by the presence of docks and piers with free board, and necessarily without railings or other forms of protection against the risk of falling into the water and that, moreover, the docks and piers may be usually crossed by mooring lines, electric cables, the pedestrian and/or vehicular access (including velocipedes, etc.) to the above mentioned areas is always at the Users’ risk, with explicit exclusion of any liability of the Company in case of accident. For anything not expressly indicated, Users shall comply with the signs present on site.
Art. 24 – Security and Safety Service
The Merchant Navy provides a 24-hour emergency monitoring and management service in the whole harbour basin. The Users are obliged to report to the Staff, according to the modalities eventually published by the Company, for any emergency situation of which they may become aware.
The Staff also monitors the transit of vehicles near the entrance to the Merchant Navy. The Users are obliged to comply with the indications and/or prescriptions of the Management regarding the access and circulation of vehicles within the Merchant Navy, as well as regarding any requirements for the recognition and identification of the persons transported.
Article 25 – Anti-pollution equipment and requirements
Moored units shall comply with the following requirements:
Art. 26 – Fire safety
The Merchant Navy is equipped with fixed and mobile fire-fighting systems, and the staff is properly trained to intervene in case of fire or serious pollution, in order to limit risks and damages, while waiting for or replacing the possible intervention of the competent Authorities and of the relevant Public Safety Forces.
In such circumstances, the Management has the widest powers and faculties and its provisions must be compulsorily and immediately respected by all Users.
In particular, the moored units must comply with the following preventive and general provisions, with the Management having the right at any time to request the competent Authority to carry out inspections on board and to adopt measures in the event of non-compliance with the aforementioned provisions:
The expenses related to the intervention in case of a fire, as well as the eventual compensation for the damages caused to third parties or to the harbour’s furniture and works, are charged to the responsible User.
Art. 27 – Supplements and amendments to the Terms
These Terms may be followed by further documents and tariffs governing the common areas of the Tourist Port and containing guidelines on the management and operation of the premises.
Art. 28 – Applicable law – Jurisdiction
These Terms are subject to Italian law. In case of disputes relating to and/or arising from the stated Terms, the Court of Torre Annunziata shall have exclusive jurisdiction.