General Rules & Conditions of Berthing
‘Rafting’ or making fast one vessel to another within the Marina shall not be permitted without the prior written consent of the Company.
Except in the case of vessels having a recirculation or holding tank lavatory system, lavatories aboard vessels shall not be used whilst the Vessel is at the Marina or Company’s Premises. All vessels which moor in the Marina must be in compliance with all regulations established by Bermuda regulatory agencies regarding marine sanitation devices and waste discharge.
No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Marina or Company’s Premises so as to cause any nuisance or annoyance to the Company or to any other users of the Marina or Company’s Premises or to any person residing in the vicinity, and the Owner undertakes for himself, his guests and all using the Vessel that they shall not behave in such a way as to offend as aforesaid. Halyards shall be secured so as not to cause such nuisance or annoyance.
No refuse shall be thrown overboard or left within the Marina or the Company’s Premises (including all pontoons, jetties or car parks), or disposed of in any way other than in the receptacles provided by the Company (if any) from time to time.
Punts, dinghies, rafts, and tenders shall be stored as directed by the Company.
No items of boats gear, fittings or equipment, supplies, stores, or the like shall be left within the Company’s Premises including car parks, walkways, fingers or foreshore thereof, without the express permission of the Company.
This Agreement is for the use of the Berth only. The Company shall not be liable for the care and protection of the Vessel (including her gear, equipment and contents.) The Berth is to be used at the sole risk of the Owner. The Company, whether by its servants, agents, or otherwise shall not be liable for any loss, damage or injury of whatever nature, and from whatever cause arising to any vessel or vehicle or other property of the Owner, his servants, agents, sub-contractors, licensees or invitees or in respect of any personal injury, loss or damage suffered by the Owner, his servants, agents, sub-contractors, licensees or invitees. At no time shall the Company be responsible for the Vessel or the proper securing of the Vessel. The Owner shall fully and effectually indemnify and hold harmless the Company where the Company’s employees secure (in whole or in part) the Owner’s Vessel and at no time shall such securing of the Owner’s Vessel create a responsibility or requirement for the Company to continue to properly secure the Vessel. The Owner shall at all times be responsible for the proper securing of the Vessel.
The Owner shall fully and effectually indemnify and hold harmless the Company, its servants or agents and landlord, against any and all demands, claims, actions, proceedings, liabilities, costs and expenses in any way arising from or in connection with any act or omission of the Owner, its servants, agents, sub-contractors, licensees or invitees, or in any way arising from any defect in or caused by any Vessel, vehicle or other property of the Owner, its servants, agents, sub-contractors, licensees or invitees. The Owner shall further fully and effectually indemnify and shall keep indemnified the Company, it’s servants or agents against any and all demands, claims, actions, proceedings, liabilities, costs and expenses in any way arising out of the use and occupation of the Berth or any handling of the Vessel in connection therewith,.
The Owner shall ensure that they have full and comprehensive insurance in relation to their Vessel and the use of the Berth and hereby agrees and accepts that they will look solely to the Owner’s insurance to cover damages and losses to the Owner’s Vessel and/or property, or for all damages, losses or injury caused by the Owner or Owner’s Vessel of whatever nature including in relation to the Owner’s use of the Berth.
The Company accepts no responsibility, for loss or damage to boats, craft, third party property or persons using the same within the confines of, or near to the Marina, nor for the adequacy or otherwise of the Marina, or of the Berth, or any other part of the facilities of the Marina, and shall not be liable to the owner or any person for any loss or damage to property, or death, or personal injury incurred or suffered within the Marina, however the same occurs, and whether or not attributable to the acts or defaults of the company, or it’s servants, agents, contractors or otherwise howsoever.
The Owner, for himself and assigns hereby knowingly, irrevocably and expressly waives any and all rights to assign and/or subrogate causes of action and/or claims that the Owner may have against the Company and its officers, employees, agents, successors and assigns and covenants and guarantee to them that the Owner shall not make such assignment(s). This provision is and is intended by the Company and the Owner to be a waiver of subrogation clause and/or right to assign causes of action or claims Owner may have against the Company, its officers, agents, employees and successors.
The Owner agrees to comply with all posted rules and regulations, including these General and subsequent General Conditions all of which form part of this Agreement, and should any breach of this Agreement or violation of the posted rules, conditions (of whatever nature) and regulations occur, this Agreement shall terminate immediately and the Company may remove the Owner’s Vessel from her Berth at the Owner’s sole risk and expense, and retake possession of the Berth. The Company will also charge the Owner at the daily rate for the period between termination of the Agreement and removal of the Owner’s Vessel from the Marina.
Further, in the event of:-
The destruction (partial or complete, termination to be decided in the Company’s absolute discretion) of the Marina and/or Berth (from whatever cause); or
The Owner making a bona fide sale or otherwise relinquishing ownership or control of the Vessel which is the subject matter of this Agreement;
Then this agreement shall terminate forthwith.
All vessels and vehicles in or on the Company’s Premises may be moved by the Company at any time without the Owner’s permission which is hereby deemed given.
No part of the Marina or the Company’s Premises or the Vessel shall be used by the Owner for any commercial or illegal purposes or otherwise contrary to these General Conditions or Regulations.
Within seven (7) days prior to any sale or transfer of the Vessel which is subject to this Agreement, the Owner shall notify the Company, and the Vessel shall be removed upon the sale from the Berth unless prior written consent has been granted by the company.
No work shall be done to the Vessel whilst at the Marina or the Company’s Premises or moorings (unless with the prior written consent of the Company which may be withheld at its sole discretion) other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew, or members of his family not causing any nuisance or annoyance to any other users of the Marina, the Company’s Premises or moorings or any other person residing in the vicinity.
If in the Company’s opinion work shall be necessary for the safety of the Vessel or for the safety of other users of the Marina, or for other vessels, or for the safety of the Marina, the Company’s Premises, plant or equipment, the Company shall have the right to moor, berth, move, board, enter or carry out any emergency work on the Vessel and the Company’s reasonable charges therefore shall be paid by the Owner.
Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner.
All persons using any part of the Marina or the Company’s Premises or facilities for whatever purpose and whether by invitation or otherwise do so at their own absolute risk.
No vessel, when entering or leaving or maneuvering in the Marina or adjoining harbor shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina or adjoining harbor. Vessels are at all times subject to the speed restrictions and by-laws of Bermuda Marine & Ports’Authority or other competent authorities.
The Owner shall take all necessary precautions against the outbreak of fire in or upon his Vessel and the Owner shall fully and effectually observe all statutory and local regulations relative to fire prevention.
The Company reserves the right to introduce regulations in relation to the administration of the Marina and the Company’s Premises and to amend such regulations from time to time in its absolute discretion. Such regulations and any amendments to them shall become effective on being displayed on the Company’s public notice board or other prominent place at the Company’s Premises, and the Company shall have the same rights against the Owner for breach of such regulations as for a breach of these Conditions.
No dangerous, inflammable, poisonous or obnoxious substance, spirit oil or fluid shall be brought on the Marina or the Company’s Premises except in properly secured containers staunch against leakage and all bye-laws and statutory rules and regulations with regard thereto shall be strictly observed.
Any person accessing the Marina and the Company’s Premises shall conduct themselves in a proper and orderly manner and with due regard to the safety, comfort and convenience of others, including any person residing in the vicinity and all relevant bye-laws and statutory rules and regulations. Any person failing to do so shall immediately leave the Marina and the Company’s Premises (as the case may be) on being requested by a representative of the Company to do so.
Owners shall (but only where previously authorized in writing by the Company) park their motor vehicles at the Company’s Premises in such a position and in such a manner as shall from time to time be directed by the Company but solely at the Owner’s risk.
No guarantee or condition or warranty or representation is given by the Company for the suitability of any Berth structure gear or other facilities, either at the Marina or the Company’s Premises.
The Vessel when entering or leaving the Marina and adjoining harbor shall obey all traffic control signals and observe all speed restrictions displayed or which relate.
The Owner accepts full responsibility for the sea-worthy condition of their Vessel and for any damage caused by their Vessel and her fittings or equipment or by persons using the same.
In the case of joint Owners their liability here under shall be joint and several.
No oil and/or tar and/or paint and/or any other similar substance shall be discharged at the Marina or the Company’s Premises.
The Owner shall leave a cabin entrance key and an engine key of his Vessel in the care of the Company (this is to enable the Vessel to be moved in the event of an emergency, e.g. fire)
Vessels shall not anchor at the Marina, the Company’s Premises, or to any moorings relating thereto except at the Company’s discretion.
The Company cannot and will not accept any responsibility for disturbance, noise, dust and any other inconvenience suffered by Owners on account of work carried out at the Company’s Premises or on land adjoining thereto.
The Owner shall immediately notify the Company of an intended private sale of his Vessel.
The Owner shall not be permitted to display a “For Sale” notice on his Vessel whilst at the Marina or the Company’s Premises.
Any Owner or guest bringing an animal onto Marina premises must ensure that they are in direct control of the animal at all times. Animals must not be permitted to roam freely about the Marina and must stay on board the owner's boat unless attended and on a leash. Owners must ensure that no animal behaviour is permitted that might annoy another berth holder or cause damage to any property. Owners are responsible for fixing any damage, or cleaning up any mess that is caused by their pets.
Management reserves the right to withdraw permission, or deny access for any animal in the marina at any time..
No washing to be hung in public view on vessels in the Marina.
In the event of a tropical storm warning the Marina will be cleared of all vessels. The Company shall determine when this will be necessary in its absolute discretion. It is the responsibility of the Owner to move or arrange for their Vessel to be moved.
No barbecues or other fueled appliances are to be lighted at the Marina or the Company’s Premises without prior consent of the Company.
Loose halyards must be secured to minimize noise.
Vessel registration shall be kept up to date and properly displayed.
This Agreement may be terminated by the Company on giving written notice to the Owner after which the Owner shall be obligated to remove their Vessel from the Marina forthwith.
This Agreement shall be governed by and interpreted in accordance with the laws, rules and regulations of the Islands of Bermuda for the time being in force and the Courts of the Islands of Bermuda shall have exclusive jurisdiction for the purpose of hearing or determining any and every dispute.
The Company shall be at liberty at any time to require the owner to vacate the Berth either on a temporary or on a permanent basis, and to take up another berth within the marina if there is a berth available. The company shall not be liable to pay any compensation in respect of such change of the berth. The terms of this agreement shall apply to such new berth.
The Owner shall not pollute or permit the pollution of the Marina, or discharge into the Marina or its waters any poisonous, noxious, dangerous or offensive substance or thing. Dumpsters are provided by the Marina for the collection of boating generated refuse. All appropriate garbage will be deposited in these containers. No garbage, trash, oil, fuel, debris, or other material, liquid or solid, shall be deposited in the water, on land areas of the facilities, or on any floats or piers.
The Owner is responsible for removing “Moderate-risk,” “Dangerous wastes,” “Hazardous substances,” “Hazardous waste,” or “Extremely hazardous waste”,“Pesticide” “Hazardous household substances from the premises.
If the Company determines that an individual has caused the marina to spend money to clean up any waste or debris, such costs will be the responsibility of, and charged to that individual. Owners are encouraged to note vehicle/boat registration numbers of violators and to report such incidences to the Company.
The Owner shall not permit or allow any children for whom the Owner is responsible, being children under the age of 12 years, to enter into the Marina unless accompanied by an adult.
The Owner shall not engage in any swimming, diving or underwater activities within the Marina, provided that this shall not prohibit maintenance of the nominated boat, subject to such directions as the company may stipulate from time to time.
No lines shall cross walkways.
The Company may serve on the owner a notice requiring the owner, within the time specified in the notice, to repair the fastenings on any such vessel so as to ensure that they will safely secure the said vessel.
The Owner shall not carry out any fueling of any boat within the premises, other than at the designated fuel dock from the designated pumps, unless otherwise directed by the company.
The owner shall not alter or modify the Berth or adjacent structures without the prior written approval of the company
The Owner shall in the use of the premises comply with all bylaws from time to time applicable thereto, and shall also comply with any special instructions from time to time issued by the company or any of it’s agents for the efficient, safe and harmonious use of the premises, and any of it’s facilities, by any persons entitled thereto.
The Owner may use the common water, power and other facilities provided on the structures, in common with any other owners, on an occasional basis only. Tampering or interfering with the electrical distribution panels, meters, circuit breakers, outlets, or other parts of the electrical system on any float is prohibited.
The use of another owner’s electrical supply without their express permission is prohibited.
The Owner shall not, without the written consent of the Company, live on board any boat at the Berth, or permit anyone else to do so. For the purposes of this clause the expression “living on board” shall mean sleeping overnight for three consecutive nights or more. See Living Aboard.
LIVING ABOARD
A. DEFINITION
The Company defines a liveaboard to be any owner(s) who use their vessel as a primary, full- time residence while moored at the marina. Full-time residence is defined as being when an individual resides on that vessel for a period of time in excess of one month.
B. ELIGIBILITY
To be eligible as a liveaboard, the Owner must be the registered and/or legal owner of the vessel unless consent has otherwise been granted by the company, and must agree to comply with all applicable regulations related to living aboard a vessel. Immediate family members may also live aboard the vessel, so long as residency is concurrent with that of registered/legal owner.
C. QUOTA
The total number of full-time liveaboard vessels shall not exceed twenty percent (20%) of the number of slips in the marina. A full-time liveaboard shall be defined as one that is registered as a liveaboard in excess of 1 month during any calendar year. Vessels that are registered as liveaboards for less than one month during any calendar year are not considered long-term and will not be included in the determination of this quota.
D. REGISTRATION
1. Owners wishing to live aboard must register their intent and be approved by the Company prior to moving aboard the vessel.
2. Registered liveaboard owners are required to notify the company within seven (7) days of having vacated their vessel.
3. Registration must be renewed on an annual basis.
E. CONTINUED ELIGIBILITY
All individuals meeting eligibility requirements listed above are eligible to live aboard in the Pier 41 Marina, providing that eligibility has not been withdrawn. Eligibility does not insure that residency at the Pier 41 Marina may be continued, nor does it create a landlord-tenant legal relationship between the Company and the liveaboard Owner. It is the responsibility of the liveaboard Owner, not the marina, to comply with any applicable regulations of any agency with jurisdiction. Recognition by the Company in this policy does not alter the liveaboard Owner’s responsibility, nor create an obligation on the Company to make changes or incur obligations to allow liveaboard Owner’s continued residency.
Owners granted live aboard status must utilize the privilege throughout the year. If not so used, the privilege may be revoked by the company unless a leave of absence has been granted.
F. PETS
Liveaboard tenants wishing to have pets live aboard, must request and receive prior written consent from marina management. If consent is granted, having a pet onboard is permitted only as long as all marina rules regarding pets are strictly followed, including those outlined at the time of consent, and those listed in item #37 of the General Rules & Conditions of Berthing. Failure to meet these conditions will result in permission to live aboard being withdrawn.
H. COMPLIANCE AND ENFORCEMENT
Individuals living aboard their vessels must comply with all General Rules & Conditions of Berthing. Violation of, or failure to comply with any company regulations, or any conduct which adversely affects the health or safety of any person, may result in termination of liveaboard eligibility and/or termination of the boat owner’s marina berth license. The Company or designee shall have the right to make periodic inspections of the vessel to determine compliance with these conditions and the seaworthiness of the vessel.
VEHICLE TRAFFIC/PARKING
The vehicle parking areas immediately surrounding the Pier 41 Marina are to be used only for temporary vehicular parking in connection with offloading and loading, and short term access to the marina facilities.
The Company may establish such reasonable traffic and parking regulations as may be required for orderly handling of motor vehicles on the premises, including the posting of “No Parking” areas and such other regulations as may be required. A vehicle parked in violation of any such signs or regulations may be towed away and impounded and will be released only after all charges and costs have been paid.
PERMIT PARKING
Permit parking is available for liveaboard Owners. Permits should be prominently displayed in a window of the vehicle. Permits do not guarantee a space, but are intended to promote equitable utilization of the space available. Although the company endeavors to provide adequate customer parking at all times, it is possible that during peak summer months or scheduled events, demand for parking may exceed availability.