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TERMS AND CONDITIONS OF USE OF SAINTE MARIE LA MER MARINA
The present conditions apply to any Sainte Marie de La Mer marina client.
They are complimentary to the police order n° 9/88 of 15 June 1988.
Each demand for a berth will be considered only on payment of the entire duration of berthing.
The paiement must be made within a month from the date of demand.
Leaving the bearth before the stipulated date gives no right for a rebate or suspending the stage payment. The same holds for the yearly rental in case the berth stays unoccupied for more than a month.
The SAGAN company reserves the right to dispose of any berth, vacant or hired, at any moment of the contarct, for police or exploitation purposes.
The berths will be suffiiciently protected and well measured.
Any abscence exceeding a week must be reported to the managers.
This declaration must include the date of return.
Any change of ownership, sale or purchase must be egally reported upon a 8-day notice.
In case of purchase the berthing lease can not be transferred if the new owner has not submitted to SAGAN a demand for a berth.
The latter can assign to the boat a new berth or put it on the wait list, if necessary.
Sockets and water supply devices must be deconnected from water and electricity pedestals in the abscence of the berthholder.
Should the bertholder fail to pay the tenancy fee, the vessel can be removed upon a 15-day notice by registred letter, the charges of handling, storage and transport payable by the owner in fault (Clause 4 of the Municipal Order 9.88).
The SAGAN in its capacity as mortgage holder can opt for any procedure in compliance with the Civil Code and the New Code of the Civil Procedure.
Any owner obliging the SAGAN to remove the boat from the illegally taken berth will incur a penalty of 1500€.
The bertholder is supposed to change berth when asked to do so by the marina staff, for the reasons of police or exploitation.
INSURANCE
The SAGAN is not responsible for any theft, the owner should take all precautions he consideres necessary. The boat must be insured at least
- against any damage caused to the marina property
- against any damage caused to third parties inside the marina
- against removal and wreck inside the marina or its access channels.
Any demand for a berth must include a valid insurance certificate.
Any demand for a berth implies the acceptance of the present terms and conditions as well as those imposed by the police regulations.
THE TERM OF THE CONTRACT
The term of the contract is stipulated by the particular conditions, see recto.
At the date of termination the contract will be automatically resumed for another 6 months should any of the contracting parties fail to address a 1-month notice to the other party by a registered letter. In case of an automatic renewal of the contract it can be terminated by a 6-month term, by a registered letter upon a month's notice.
DISPUTES
Should the bertholder fail to pay within the stipulated term, or breach any of the above-listed terms and conditions, he is liable to pay the indemnity of 20% of the total lease price, in conformity with clauses 1226 and 1152 of the Civil Code, as well as the court charges and fees.
COMPETENCE CLAUSE
In case of dispute the parties may refer to the Court of Appeal or the Court of Commerce of Perpignan
N.B. : The specific conditions of use are available at the Harbor.
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