Identification of the website owner:
In compliance with reporting obligations as stipulated in Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, MARINA NOU FONTANA, SL (hereinafter MARINA NOU FONTANA), as the owner of the website www.marinanoufontana.com hereby provides the identification required by the aforementioned rule:
Corporate name: MARINA NOU FONTANA, SL
Registered office: CALLE BURDEOS, 2, 03730, JAVEA/XABIA (ALICANTE)
CIF (Tax ID number): B98122518
E-mail: gestion@marinanoufontana.com
Mercantile Registry of Alicante, Volume: 3649, Folio: 131 Sheet: A-132569, Register: 4th.
This information sets out and regulates the conditions of use, liability disclaimers and obligations which users of the webpage published under the domain name www.marinanoufontana.com assume and undertake to respect.
GENERAL CONDITIONS OF PURCHASE
Please read carefully the following General Conditions of Purchase before placing an order in Marina Nou Fontana’s web shop. Please remember that these General Conditions of Purchase are supplemented by the terms contained in any pages that can be accessed from the General Conditions of Purchase.
In which cases do these General Conditions of Purchase apply?
These General Conditions of Purchase apply to all offers and agreements relating to berth leases in Marina Nou Fontana. You should agree to these General Conditions of Purchase (1) when placing an order on our website or (2) on any site that is directly connected to our website, or (3) when accepting an offer from Marina Nou Fontana. It will only be possible to opt out of these Terms and Conditions of Purchase if Marina Nou Fontana so agrees in writing.
Berth Lease / Reservation
All information contained in our website is merely a business suggestion and not a binding offer or agreement. By placing an order, you request to buy the products/services included therein.
Marina Nou Fontana shall not be bound to accept an order. Marina Nou Fontana shall at all times be entitled to check orders in advance or to reject them without justification. If Marina Nou Fontana does not confirm your order within ten business days, the order shall be deemed to be rejected.
From Marina Nou Fontana’s website you can make a reservation for a berth lease upon payment of the full lease fee and acceptance of the terms and conditions of the Non-preferential use Lease Agreement. For the reservation to be final, Marina Nou Fontana must authorize the entry of the vessel in its facilities, which they can do at their discretion. Here are some examples of cases where the authorization shall not be granted:
The list below indicates the steps needed to request a berth lease:
1. Fill in the required information about Type of user, Type of vessel, Overall length, Overall beam, Arrival date, Departure date.
2. The dimensions of available berths will be displayed together with the corresponding rates. You may then start the reservation process if you agree.
3. Fill in your personal details as well as details of the vessel and submit the form.
4. Booking, personal and vessel details will be displayed. You must then confirm your agreement and submit details of your credit card for payment, which can be made at the end of this process.
5. To finish off, a successful booking screen will be displayed.
6. You will receive an email confirming the berth reservation. Please contact us if no confirmation email is received after 30 minutes.
7. Once the confirmation email has been received and the required documents for check in have been submitted by you, an email authorizing the entry of the vessel into our facilities will be sent.
Refund / Cancellation of reservations
If the reservation is cancelled up to 20 days before the arrival date, Marina Nou Fontana shall refund the amount paid to the same card used for payment of the reservation, minus cancellation fees. If cancelled later, the amount paid shall not be refundable.
Rates
The payment of the berth lease reservation does include VAT. Prices are shown in euros (EUR). Marina Nou Fontana reserves the right to alter prices and products before you place your order.
Marina Nou Fontana reserves the right to alter, limit or terminate any special offer or discount at any given time.
Payment methods
The following payment options can be used:
INTELLECTUAL PROPERTY
All trademarks, trade names or distinctive signs of any kind which are displayed on the website are the property of MARINA NOU FONTANA or, as the case may be, of third parties who have authorized the use thereof, and use or access to the Portal and/or to the Contents shall not be deemed to vest in the User any rights over the aforementioned trademarks, trade names and/or distinctive signs, and none of the exploitation rights which exist or may exist over such contents shall be deemed to have been assigned to the user.
Likewise, the Contents are the intellectual property of MARINA NOU FONTANA or of third parties where appropriate, and therefore the Intellectual Property rights are owned by MARINA NOU FONTANA or by third parties who have authorized their use, who shall be exclusively entitled to the right to exploit them in any form and, in particular, to the rights of reproduction, distribution, public communication and transformation.
The unauthorized use of the information contained on this website, as well as any breach of intellectual or industrial property rights of NOU FONTANA MARINA or third parties included on the website and who have lent contents shall result in legal liability.
Hyperlinks
Those who intend to establish hyperlinks between their webpage and the Website must observe and comply with the following conditions:
– Prior authorization is not required when the hyperlink only allows access to the homepage but cannot reproduce it in any way. Any other form of hyperlink shall require express and unequivocal written authorization by MARINA NOU FONTANA.
– No “Frames” shall be created with the webpages or on the webpages of MARINA NOU FONTANA.
– No false, inaccurate or offensive statements or information shall be made regarding MARINA NOU FONTANA or its management, employees or partners, people listed on the website for any reason, site users, or content supplied.
– No statement or implication shall be displayed that MARINA NOU FONTANA has authorized the hyperlink or has supervised or assumed in any way the contents provided or made available on the webpage where the hyperlink is included.
– The webpage which includes the hyperlink may only contain what is strictly necessary to identify the destination of the hyperlink.
– The webpage which includes the hyperlink shall not contain information or content which is illegal or contrary to morality and generally accepted good customs and public order, nor shall it contain contents that infringe the rights of third parties.
Cookies
Cookies are a technical means for the traceability and follow-up of navigation on Websites. They are small text files written on the user's computer. This method has implications for privacy issues, therefore MARINA NOU FONTANA declares that cookies may be used for statistical purposes regarding website use as well as for identification of the user's PC with a view to allow recognition in future visits. In any case, the user can configure his browser to disallow the use of cookies on his visits to the website.
Availability of the webpage
MARINA NOU FONTANA does not guarantee the absence of errors or interruptions when accessing the site or its contents, nor that it is updated, although efforts will be made to prevent, correct or update them when appropriate. MARINA NOU FONTANA is therefore not responsible for damages of any kind caused to the user as a result of failure or disconnection of telecommunications networks causing the suspension, cancellation or interruption of the portal both during and before the provision of such service.
MARINA NOU FONTANA shall not be held liable, with the exceptions included in the law, for damages of any kind that may be derived from the lack of availability, continuity or quality of the operation of the Site and its contents or from non-compliance with expectations of use that users may have attributed to the webpage and its contents.
The only objective of the hyperlinks included in this website is to inform the user about the existence of other websites containing information on the subject. Such hyperlinks are not intended as suggestions or recommendations.
MARINA NOU FONTANA is not responsible for the contents of such linked pages, for the performance or value of the hyperlinks or for the performance of such links. It cannot either guarantee the absence of viruses or other elements that may alter the computer system (hardware and software), documents or user files, and shall therefore exclude any liability for damages of any kind caused to the user for these reasons.
Access to the webpage does not imply any obligation for MARINA NOU FONTANA to control the absence of viruses, worms or any other malicious software. In any case it is the user’s responsibility to use the adequate tools to detect and disinfect harmful computer programs. MARINA NOU FONTANA is therefore not liable for any potential security errors that may occur during the provision of the website service, or for any damage caused to the user's or third parties’ computer system (hardware and software), files or documents stored therein as a result of the presence of a virus in the computer used for the connection to the web services and content, of a malfunction of the browser or of the use of outdated versions.
Quality of the webpage
Given the dynamic and changing environment of the information and services provided through the webpage, MARINA NOU FONTANA does his best but cannot guarantee the complete veracity, accuracy, reliability, usefulness and/or updates of the content.
MARINA NOU FONTANA ensures that all contents and services offered at www.marinanoufontana.com respect the principle of human dignity, the principle of non-discrimination on grounds of race, sex, religion, opinions, nationality, disability or any other personal or social circumstance, as well as the principle of youth and childhood protection.
MARINA NOU FONTANA undertakes through this means not to engage in misleading advertising. Formal or numeric errors that can be found throughout the content of the various sections of the website shall not be considered false advertising.
MARINA NOU FONTANA undertakes to correct errors as soon as it becomes aware of them. MARINA NOU FONTANA undertakes not to send commercial communications without identifying them as such, in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce. The information sent to MARINA NOU FONTANA customers for the purpose of maintaining the existing contractual relationship with them, as well as information tasks and other activities related to the service contracted by the customer with the company shall not be considered as advertising.
The nature of the information included in the pages that make up this portal is only informative, consultative and promotional. It is under no circumstances of binding commitment or contractual nature.
Limitation of liability
MARINA NOU FONTANA shall not be liable for the decisions taken by the user on the basis of such information, as well as for any typographical errors that the documents and graphics on the webpage might contain. The information is subject, without prior notice, to potential periodic changes due to extension, improvement, correction or updating of the contents.
Notifications
All notices and communications made by any means by MARINA NOU FONTANA to the user shall be deemed effective for all purposes.
Availability of contents
The provision of the site and its contents shall in principle have an indefinite life term. MARINA NOU FONTANA is however authorized to terminate or suspend the provision of the site and/or any of its content at any time. When reasonably possible, MARINA NOU FONTANA shall give prior notice of the termination or suspension of the Site.
JURISDICTION AND APPLICABLE LEGISLATION
These General Conditions are governed by Spanish legislation. The Valencia Courts are competent to resolve any controversy or dispute arising from these General Conditions. The user hereby expressly waives any other jurisdiction he may be entitled to.
Privacy policy of the website marinanoufontana.com
Information to the user regarding the existence of a file and request for consent for the automated processing of personal data.- Regarding any personal data provided by interested parties through the forms available on the website www.marinanoufontana.com, the existing legislation on personal data protection shall be strictly enforced and the data provided, if any, shall be included in a file under the responsibility of Marina Nou Fontana, SL (hereinafter, the Owner or Editor), for treatment in accordance with the purposes described in this Privacy Policy and in the forms provided in each case, whereby those concerned grant consent to such treatment by accepting this Privacy Policy or by sending information by any of the means provided on the website.
Purpose of the data: The Owner collects certain personal data as voluntarily provided by users through different forms (“Contact”, “Reservations” and “Comments”) included in the website www.marinanoufontana.com. The data is used for the following purposes:
Mandatory data: Mandatory fields are identified either by an asterisk (*) or by explicit mention of their mandatory nature (“required”). If the mandatory fields are not completed, it will not be possible to manage the requests sent by users.
Rights of access, rectification, cancellation and opposition: Those interested may at any time exercise their rights of access, rectification, cancellation and opposition, and revoke consent in each case for the treatment and/or transfer of data, either by regular mail to the Owner at the following address: Calle Burdeos, 2, 03730, Jávea (Alicante) or by e-mail to gestion@marinanoufontana.com. In any case, such request must include a copy of a document certifying the identity of the data subject.
Responsibility for the processing of data. - Marina Nou Fontana, SL is responsible for data processing; his address is indicated in the above clause. The Owner has duly registered his files in the Spanish Data Protection Agency and they can be consulted at www.agpd.es.
Data transfer. - The data provided by those interested are not transferred to third parties, unless expressly authorized to the Owner, and are only communicated, where appropriate, in order to manage the services requested by users. The communication of data is linked to the very purpose for which the data have been introduced and is therefore related to the free and legitimate acceptance of the legal relationship between those interested and the Owner, whose development, fulfillment and control necessarily imply the data connection and which includes the necessary transmission thereof. By accepting this privacy policy, those interested declare to have been informed and consent, without reservation, to the communication of data under the terms stated in this clause. Those interested can revoke consent as outlined in this policy.
When a user leaves a comment on the website, s/he is expressly authorizing the publication of her/his personal data on the website and, in consequence, the communication to other users accessing the website. Comments or opinions published on the website are in any case public and identify the user’s name as provided in her/his post.
Users should refrain from providing personal data of other people, unless expressly authorized by them. The Owner may at any time contact users to attest the existence and content of such authorizations.
Security. - The Owner ensures absolute confidentiality and privacy of personal data, thereby adopting the necessary security measures, be it technical and/or organizational, to prevent alteration, loss or unauthorized access to data, thus ensuring their security. The Owner shall in no way be liable for any incidents that may arise over personal data when derived from either an unauthorized attack or access to the system in such way that the security measures implemented are incapable of detecting.
Cookies. - The Editor only uses cookies, where appropriate, to make the exchange of data via electronic communication networks, or when they are strictly necessary for the provision of a certain functionality which is part of an information society service specifically requested by the user. If the use of cookies does not fulfill any of the stated purposes, the Editor will request the informed consent of the user for the use of such data storage and retrieval tools on his computer (e.g., through a pop-up or a layer information system). The cookies used contain no personal information identifying the user. In any case, the user can configure his browser to refuse the installation of cookies or to receive an onscreen notice whenever a cookie requests installation, and can always decide whether to accept it or not. For the policy of installation and management of storage devices and data retrieval on website terminal equipment, please refer to our Cookies Policy.
Accuracy of data. - Users are responsible for the accuracy of the data provided, agreeing not to enter false data and to amend them if necessary.
×You have to fill in all the form data to complete the rental contract
"This documentation is an aproximate translation of the original version in Spanish, being the latter to one that shall prevail under the law."
(NON PREFERENTIAL USE)
Jávea (Alicante), ---
BY AND BETWEEN
Ricardo Enrique Burriel Villanueva, of legal age, whose address for these purposes is C/ Burdeos, 2, 03730, Jávea (Alicante) and with NIF (Fiscal Identification Number) 22.514.583-K.
AND
--- ---, of legal age, with NIF --- and address at ---, ---, --- - ---.
ACTING HEREIN
Ricardo Enrique Burriel Villanueva, on behalf and as sole administrator of MARINA NOU FONTANA, SL, with address at C/ Burdeos, 2, 03730 Jávea (Alicante), and NIF B-98122518, by means of a public deed executed before Notary Public of Valencia, Mr Miguel Estrems Vidal, on 13 February 2009 with official record number 356.
AND --- --- on his own behalf and in his own right.
Do hereby acknowledge each other to have the necessary legal capacity to sign this document, and to this effect
DECLARE
I.- That MARINA NOU FONTANA, SL, hereafter Concessionaire, owns the administrative concession for the construction and operation of a nautical sports facility in the town of Jávea (Alicante), called “Marina Nou Fontana”, hereafter Marina or Port, by resolution of the regional Minister of the Department of Infrastructure, Land and Environment dated 18 November 2014, in accordance with the technical requirements and conditions of the concession license and based on the Project drafted by Dr Carlos R. Sánchez, civil engineer (roads, canals and ports).
II.- That --- --- is interested in leasing a berth in the aforementioned nautical sports facility for the vessel named “---” with register number “---” and --- overall length and --- overall beam, so therefore the parties agree to formalize the following
CLAUSES
FIRST. - OBJET
MARINA NOU FONTANA, SL agrees to lease a BERTH of dimensions ---m (length) by ---m (beam), with a total water surface of --- m², for use by the vessel “---” with register number “---”, including all uses and additional services available at the date of signature of this document, with no further limitations other than those arising from the conditions set out in the concession License and the regulations and administrative provisions that apply.
SECOND. - COST
The cost of the lease of the berth is ---, including VAT.
This amount results from the application of current rates and is settled upon acceptance of this agreement by card payment.
The fees paid are estimated on the basis of the vessel’s dimensions as provided by the Lessee in the present agreement. Should the measurements performed by Marina Nou Fontana prior to entry into port be different, newly recalculated fees according to the actual dimensions of the vessel will be billed again in order to allow entry, subject to availability of berths of the required dimensions. In case of unavailability of a suitable berth, the vessel will be refused entry into the port and the amount paid by the Lessee will be refunded to the same card used for the reservation payment, minus cancellation fees, and the present agreement will be considered null and void.
Failure to pay the agreed price on the agreed dates may result in termination of this agreement by the Concessionaire, including an obligation to leave the berth at the moment determined by the management of the Marina. Should this period not be respected, the management of the Marina will be entitled to order a dry docking, whereby any costs incurred, including the stay of the vessel at the site determined, will be at the expense of the debtor.
For notification purposes, the address of the user of a berth will be the one provided in this agreement or duly notified to the Concessionaire at a later stage. It is the sole responsibility of the user to update the details indicated in this agreement, and failure to do so shall not preclude the Concessionaire to act in accordance to the terms included in this agreement and in the Rules of Operation of the Marina.
THIRD. - BERTH LEASE TERM
The term of the lease as set out under this agreement starts on --- and ends on ---.
The reservation is held until 23h59 on the first day of the rental.
Should the entry be foreseen after this time the Lessee shall confirm arrival by telephone call.
FOURTH. - CANCELLATIONS
Should the Lessee terminate the agreement up to 20 days prior to the start date of the lease, Marina Nou Fontana shall return the amount paid to the same card used in the payment of the reservation, minus cancellation fees. If terminated after that period, the amount paid shall not be returned.
FIFTH. - CHECK IN
Upon arrival of the Lessee’s vessel in the port, Marina Nou Fontana will take measurements and photographs of the vessel. If the entry is authorized, the Lessee will be provided the berth number and will sign the Notice of Arrival.
Marina Nou Fontana must have, prior to the entry of the vessel to their facilities, a copy the documents listed below. Otherwise the necessary authorization to access the port will not be granted, even if the lease fees have been paid in full.
SIXTH. - CHECK OUT
The departure of the vessel must take place the day when the lease agreement expires, at any time of the day until 21h00.
If the departure operation is going to be carried out by a nautical company, an authorization for that company to carry out the required maneuvers should be provided along with the documentation required for check in.
In the event that the departure date is exceeded, the Lessee shall, prior to the vessel removal, go to the port’s Customer Support Desk to pay any additional costs incurred due to the extra days of berth use, according to the applicable rates.
SEVENTH. - COMPLIANCE WITH INTERNAL RULES
Given that the nautical sports facilities are a Public Service, the Lessee is subject to the provisions of the Rules of Operation adopted by the Marina and to the fee system adopted by the Administration, as well as to the internal rules established by the Concessionaire for the proper provision of services.
Prior to occupancy of the berth, the management of the Marina shall check the actual dimensions of the vessel (overall length and overall beam) in order to verify that they match those specified in this agreement, and shall also check the condition of the vessel.
The Rules of Operation of the Marina compel berth users to respect the conformity of the maximum allowed dimensions of the vessel with those of the leased berth. To avoid any potential issues at a later stage, the dimensions of the vessel should be verified by the Lessee to ensure they do not exceed the maximum allowed length or beam.
The table below presents the correspondence of dimensions:
To this effect the following definitions apply:
a) Total length: is defined as the distance measured in the longitudinal direction (ie, from bow to stern) between the perpendicular to the two endpoints of the boat above the waterline., including outboard engines, auxiliary engines or any equipment of the boat, either fixed , mobile or removable (e.g., figurehead, Bow balcony, stern platform, outrigger, walkways, handrails, ladders, fenders, davits, etc.). In the case of mobile or removable elements, the measure will be taken at the mooring situation. The total length shall be measured by the Boatswain or a person designated by the Director Engineer of the Port, not being valid for this purpose any measures of length reflected in the documentation of the ship. The owner or lessee of the berth, as well as the owner and the skipper of the vessel are obliged to ensure compliance with well defined total length and, therefore, will be jointly responsible of any damage or injury that occurs due to exceeding the total length of the boat corresponding to the berth, as specified in the official plan of moorings.
b) Total beam: is defined as the distance measured in the transverse direction (i.e., from port to starboard) between the perpendicular to the two endpoints of the boat, including any equipment of the boat, either fixed, mobile or removable (e.g., outrigger, walkways, handrails, ladders, fenders, davits, etc.). In the case of mobile or removable elements, the measure will be taken at the mooring situation. The total beam shall be measured by the Boatswain or a person designated by the Director Engineer of the Port, not being valid for this purpose any measures of length reflected in the documentation of the ship. The owner or lessee of the berth, as well as the owner and the skipper of the vessel are obliged to ensure compliance with well defined total length and, therefore, will be jointly responsible of any damage or injury that occurs due to exceeding the total length of the boat corresponding to the berth, as specified in the official plan of moorings.
Any subsequent modification to the equipment shall imply new measurements. Actual dimensions may in no case exceed the maximum dimensions of the vessel as set out for each berth in the Port’s berth map.
EIGHTH. - LIABILITY
The Concessionaire is not liable for any damage to vessels docked at the facilities due to any other reason, or for any damage to their occupants or any goods situated therein, unless the damage is caused by reasons attributable to him. The Lessee is also responsible for any damage caused by any accompanying persons.
NINTH. – CHANGES TO VESSEL LOCATION
The Concessionaire reserves the right to exchange the berth assigned to the vessel in the event that compelling circumstances so advise, due to works, instructions from the Marina or other issues that might affect the binding content of the concession permit.
The Lessee authorizes the Concessionaire to make changes to the location of the vessel as required. These changes of location will be notified as soon as possible.
In the event that the occupation of the berth by the vessel is not compatible with the safe and efficient execution of the works for a period of time, the Concessionaire shall notify the Lessee with a minimum of fifteen (15) days’ notice. The Lessee must, within that period, remove the vessel at his own charge, whereby the present agreement shall be terminated. The Concessionaire undertakes to provide a new berth to the same vessel as soon as the conditions of the works allow.
TENTH. - TRANSFER OF RIGHTS
The Concessionaire may transfer the rights arising from this agreement to the natural or legal person appointed by him, with no further requirement than a written notification of this transfer to the Lessee.
ELEVENTH. - EXPENSES AND TAXES
All expenses and taxes that may accrue as a result of the execution of this lease agreement shall be borne by the tenant.
TWELFTH. - SUBLET AND RENTAL OF VESSELS
It is strictly forbidden to sublease the berth and to use the berth for vessel (6th list) and jet ski rentals for commercial purposes. The use of the berth by another vessel of the same owner shall be authorized by the Concessionaire.
THIRTEENTH. - DATA PROTECTION
According to the provisions of Organic Law 15/99 of 13 December on the Protection of personal data, we inform that the data included in this form will be incorporated into files under the responsibility of Marina Nou Fontana SL, and whose purpose is the management of berths, users, the organization and provision of different services as well as the security control of the facilities and of the vessels.
The person completing this form declares having received the crew and passengers’ authorization to provide their personal data needed for the entry declaration, by which they accept and agree to their processing thereof, as set out in this legal notice.
Personal data will be communicated to banks for payments if necessary, as well as to any legally foreseen government bodies.
The data subject is hereby informed that, for security reasons, vessels will be photographed during port entry and departure maneuvers.
The data subjects can exercise their rights of access, rectification, cancellation and opposition by completing an application form created for this purpose, together with their ID card or passport, which must be addressed to the Club’s office at C/ Burdeos, 2, 03730, Jávea (Alicante).
FOURTEENTH. - JURISDICTION
For any issue or dispute arising in relation to compliance with the terms of this agreement, the parties hereby expressly subject to the Courts of Valencia capital, and waive any other jurisdiction they may be entitled to.
I, --- ---, have read and accept all the clauses described in this contract.
@@--@@
You have to fill in all the form data to complete the rental contract
"This documentation is an aproximate translation of the original version in Spanish, being the latter to one that shall prevail under the law."
(NON PREFERENTIAL USE)
Jávea (Alicante), ---
BY AND BETWEEN
Ricardo Enrique Burriel Villanueva, of legal age, whose address for these purposes is C/ Burdeos, 2, 03730, Jávea (Alicante) and with NIF (Fiscal Identification Number) 22.514.583-K.
AND
--- ---, of legal age, with NIF --- and address at ---, ---, --- - ---.
ACTING HEREIN
Ricardo Enrique Burriel Villanueva, on behalf and as sole administrator of MARINA NOU FONTANA, SL, with address at C/ Burdeos, 2, 03730 Jávea (Alicante), and NIF B-98122518, by means of a public deed executed before Notary Public of Valencia, Mr Miguel Estrems Vidal, on 13 February 2009 with official record number 356.
AND --- --- on his own behalf and in his own right.
Do hereby acknowledge each other to have the necessary legal capacity to sign this document, and to this effect
DECLARE
I.- That MARINA NOU FONTANA, SL, hereafter Concessionaire, owns the administrative concession for the construction and operation of a nautical sports facility in the town of Jávea (Alicante), called “Marina Nou Fontana”, hereafter Marina or Port, by resolution of the regional Minister of the Department of Infrastructure, Land and Environment dated 18 November 2014, in accordance with the technical requirements and conditions of the concession license and based on the Project drafted by Dr Carlos R. Sánchez, civil engineer (roads, canals and ports).
II.- That --- --- is interested in leasing a berth in the aforementioned nautical sports facility, for which MARINA NOU FONTANA holds exploitation rights, for the vessel named “---” with register number “---” and --- overall length and --- overall beam, so therefore the parties agree to formalize the following
CLAUSES
FIRST. - OBJET
MARINA NOU FONTANA, SL agrees to lease a BERTH --- of dimensions ---m (length) by ---m (beam), with a total water surface of --- m², for use by the vessel “---” with register number “---”, including all uses and additional services available at the date of signature of this document, with no further limitations other than those arising from the conditions set out in the concession License and the regulations and administrative provisions that apply.
SECOND. - COST
The cost of the lease of the berth is ---, including VAT.
This amount results from the application of current rates and is settled upon acceptance of this agreement by card payment.
The fees paid are estimated on the basis of the vessel’s dimensions as provided by the Lessee in the present agreement. Should the measurements performed by Marina Nou Fontana prior to entry into port be different, newly recalculated fees according to the actual dimensions of the vessel will be billed again in order to allow entry, subject to availability of berths of the required dimensions. In case of unavailability of a suitable berth, the vessel will be refused entry into the port and the amount paid by the Lessee will be refunded to the same card used for the reservation payment, minus cancellation fees, and the present agreement will be considered null and void.
Failure to pay the agreed price on the agreed dates may result in termination of this agreement by the Concessionaire, including an obligation to leave the berth at the moment determined by the management of the Marina. Should this period not be respected, the management of the Marina will be entitled to order a dry docking, whereby any costs incurred, including the stay of the vessel at the site determined, will be at the expense of the debtor.
For notification purposes, the address of the user of a berth will be the one provided in this agreement or duly notified to the Concessionaire at a later stage. It is the sole responsibility of the user to update the details indicated in this agreement, and failure to do so shall not preclude the Concessionaire to act in accordance to the terms included in this agreement and in the Rules of Operation of the Marina.
THIRD. - BERTH LEASE TERM
The term of the lease as set out under this agreement starts on --- and ends on ---.
The reservation is held until 23h59 on the first day of the rental.
Should the entry be foreseen after this time the Lessee shall confirm arrival by telephone call.
FOURTH. - CANCELLATIONS
Should the Lessee terminate the agreement up to 20 days prior to the start date of the lease, Marina Nou Fontana shall return the amount paid to the same card used in the payment of the reservation, minus cancellation fees. If terminated after that period, the amount paid shall not be returned.
FIFTH. - CHECK IN
Upon arrival of the Lessee’s vessel in the port, Marina Nou Fontana will take measurements and photographs of the vessel. If the entry is authorized, the Lessee will be provided the berth number and will sign the Notice of Arrival.
Marina Nou Fontana must have, prior to the entry of the vessel to their facilities, a copy the documents listed below. Otherwise the necessary authorization to access the port will not be granted, even if the lease fees have been paid in full.
SIXTH. - CHECK OUT
The departure of the vessel must take place the day when the lease agreement expires, at any time of the day until 21h00.
If the departure operation is going to be carried out by a nautical company, an authorization for that company to carry out the required maneuvers should be provided along with the documentation required for check in.
In the event that the departure date is exceeded, the Lessee shall, prior to the vessel removal, go to the port’s Customer Support Desk to pay any additional costs incurred due to the extra days of berth use, according to the applicable rates.
SEVENTH. - COMPLIANCE WITH INTERNAL RULES
Given that the nautical sports facilities are a Public Service, the Lessee is subject to the provisions of the Rules of Operation adopted by the Marina and to the fee system adopted by the Administration, as well as to the internal rules established by the Concessionaire for the proper provision of services.
Prior to occupancy of the berth, the management of the Marina shall check the actual dimensions of the vessel (overall length and overall beam) in order to verify that they match those specified in this agreement, and shall also check the condition of the vessel.
The Rules of Operation of the Marina compel berth users to respect the conformity of the maximum allowed dimensions of the vessel with those of the leased berth. To avoid any potential issues at a later stage, the dimensions of the vessel should be verified by the Lessee to ensure they do not exceed the maximum allowed length or beam.
The table below presents the correspondence of dimensions:
To this effect the following definitions apply:
a) Total length: is defined as the distance measured in the longitudinal direction (ie, from bow to stern) between the perpendicular to the two endpoints of the boat above the waterline., including outboard engines, auxiliary engines or any equipment of the boat, either fixed , mobile or removable (e.g., figurehead, Bow balcony, stern platform, outrigger, walkways, handrails, ladders, fenders, davits, etc.). In the case of mobile or removable elements, the measure will be taken at the mooring situation. The total length shall be measured by the Boatswain or a person designated by the Director Engineer of the Port, not being valid for this purpose any measures of length reflected in the documentation of the ship. The owner or lessee of the berth, as well as the owner and the skipper of the vessel are obliged to ensure compliance with well defined total length and, therefore, will be jointly responsible of any damage or injury that occurs due to exceeding the total length of the boat corresponding to the berth, as specified in the official plan of moorings.
b) Total beam: is defined as the distance measured in the transverse direction (i.e., from port to starboard) between the perpendicular to the two endpoints of the boat, including any equipment of the boat, either fixed, mobile or removable (e.g., outrigger, walkways, handrails, ladders, fenders, davits, etc.). In the case of mobile or removable elements, the measure will be taken at the mooring situation. The total beam shall be measured by the Boatswain or a person designated by the Director Engineer of the Port, not being valid for this purpose any measures of length reflected in the documentation of the ship. The owner or lessee of the berth, as well as the owner and the skipper of the vessel are obliged to ensure compliance with well defined total length and, therefore, will be jointly responsible of any damage or injury that occurs due to exceeding the total length of the boat corresponding to the berth, as specified in the official plan of moorings.
Any subsequent modification to the equipment shall imply new measurements. Actual dimensions may in no case exceed the maximum dimensions of the vessel as set out for each berth in the Port’s berth map.
EIGHTH. - LIABILITY
The Concessionaire is not liable for any damage to vessels docked at the facilities due to any other reason, or for any damage to their occupants or any goods situated therein, unless the damage is caused by reasons attributable to him. The Lessee is also responsible for any damage caused by any accompanying persons.
NINTH. – CHANGES TO VESSEL LOCATION
The Concessionaire reserves the right to exchange the berth assigned to the vessel in the event that compelling circumstances so advise, due to works, instructions from the Marina or other issues that might affect the binding content of the concession permit.
The Lessee authorizes the Concessionaire to make changes to the location of the vessel as required. These changes of location will be notified as soon as possible.
In the event that the occupation of the berth by the vessel is not compatible with the safe and efficient execution of the works for a period of time, the Concessionaire shall notify the Lessee with a minimum of fifteen (15) days’ notice. The Lessee must, within that period, remove the vessel at his own charge, whereby the present agreement shall be terminated. The Concessionaire undertakes to provide a new berth to the same vessel as soon as the conditions of the works allow.
TENTH. - TRANSFER OF RIGHTS
The Concessionaire may transfer the rights arising from this agreement to the natural or legal person appointed by him, with no further requirement than a written notification of this transfer to the Lessee.
ELEVENTH. - EXPENSES AND TAXES
All expenses and taxes that may accrue as a result of the execution of this lease agreement shall be borne by the tenant.
TWELFTH. - SUBLET AND RENTAL OF VESSELS
It is strictly forbidden to sublease the berth and to use the berth for vessel (6th list) and jet ski rentals for commercial purposes. The use of the berth by another vessel of the same owner shall be authorized by the Concessionaire.
THIRTEENTH. - DATA PROTECTION
According to the provisions of Organic Law 15/99 of 13 December on the Protection of personal data, we inform that the data included in this form will be incorporated into files under the responsibility of Marina Nou Fontana SL, and whose purpose is the management of berths, users, the organization and provision of different services as well as the security control of the facilities and of the vessels.
The person completing this form declares having received the crew and passengers’ authorization to provide their personal data needed for the entry declaration, by which they accept and agree to their processing thereof, as set out in this legal notice.
Personal data will be communicated to banks for payments if necessary, as well as to any legally foreseen government bodies.
The data subject is hereby informed that, for security reasons, vessels will be photographed during port entry and departure maneuvers.
The data subjects can exercise their rights of access, rectification, cancellation and opposition by completing an application form created for this purpose, together with their ID card or passport, which must be addressed to the Club’s office at C/ Burdeos, 2, 03730, Jávea (Alicante).
FOURTEENTH. - JURISDICTION
For any issue or dispute arising in relation to compliance with the terms of this agreement, the parties hereby expressly subject to the Courts of Valencia capital, and waive any other jurisdiction they may be entitled to.
I, --- ---, have read and accept all the clauses described in this contract.
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You have to fill in all the form data to complete the rental contract
"This documentation is an aproximate translation of the original version in Spanish, being the latter to one that shall prevail under the law."
Jávea (Alicante), ---
BETWEEN: Mr Ricardo Enrique Burriel Villanueva, of legal age, whose address for these purposes is C/ Burdeos, 2, 03730, Jávea (Alicante) and with NIF (Fiscal Identification Number) 22.514.583-K on behalf and as sole administrator of MARINA NOU FONTANA, SL, with address at C/ Burdeos, 2, 03730 Jávea (Alicante), and NIF B-98122518, by means of a public deed executed before Notary Public of Valencia, Mr Miguel Estrems Vidal, on 13 February 2009 with official record number 356. ("the Company")
AND: --- ---, of legal age, with NIF --- and address at ---, ---, --- - ---. ("the Client")
VESSEL:
NAME: “---”
REGISTRATION: “---”
DIMENSIONS: --- overall length and --- overall beam
("the Vessel")
IT IS HEREBY AGREED that:
Subject to the terms and conditions detailed below, and in consideration of the payment of --- (IVA included), the Company agrees to store the Client’s vessel at its premises, and to launch the vessel into the Canal de la Fontana and to retrieve the Client’s vessel from the same place, on any day (except those excluded in clause A3 below) between the hours of 08.30 and 20.30 (or as per the closure of the ramp by the sailor during winter hours) and return the vessel to storage at the company’s premises.
This amount results from the application of current rates and is settled upon acceptance of this agreement by card payment.
The fees paid are estimated on the basis of the vessel’s dimensions as provided by the Client in the present agreement. Should the measurements performed by the Company prior to entry into the installations be different, newly recalculated fees according to the actual dimensions of the vessel will be billed again in order to allow entry.
Terms and Conditions:
A. General:
B. The Client undertakes and warrants that:
C. The Company hereby agrees to:
D. Emergencies and breakdowns
E. Exclusions and Additional Services
This contract excludes any valeting, repairing and/or servicing of the Client’s vessel and trailer. All such services are available upon request.
F. Termination of the Contract
The following shall be grounds for early termination of the contract: a) Failure to comply with the agreements stipulated in this contract; b) The user’s failure to pay the fee, and c) Any circumstance provided for in the legislation applicable to this contract.
In case of termination of the contract, the Client shall be obliged to immediately withdraw the vessel within a period of 5 days (non-extendable) from the end of the contract. Otherwise, the Company may by its own means transfer the vessel to a different location in the interest of good service to other users. After 6 months from the effective termination of the contract and in case of failure by the Customer to withdraw the vessel, the Company shall, upon payment of the outstanding debt, consider the vessel as abandoned and launch the auctioning proceedings and, if applicable, the scrapping of the vessel.
G. Transfer of rights and subcontracting
The Company may transfer the rights arising from this agreement to the natural or legal person appointed by him, with no further requirement than a written notification of this transfer to the Client.
The Company may subcontract the services described in this contract keeping all its conditions.
H. Data protection
According to the provisions of Organic Law 15/99 of 13 December on the Protection of personal data, we inform that the data included in this form will be incorporated into files under the responsibility of Marina Nou Fontana SL, and whose purpose is the management of berths, users, the organization and provision of different services as well as the security control of the facilities and of the vessels.
The person completing this form declares having received the crew and passengers’ authorization to provide their personal data needed for the entry declaration, by which they accept and agree to their processing thereof, as set out in this legal notice.
Personal data will be communicated to banks for payments if necessary, as well as to any legally foreseen government bodies.
The data subject is hereby informed that, for security reasons, vessels will be photographed during port entry and departure maneuvers.
The data subjects can exercise their rights of access, rectification, cancellation and opposition by completing an application form created for this purpose, together with their ID card or passport, which must be addressed to the Club’s office at C/ Burdeos, 2, 03730, Jávea (Alicante).
I. Jurisdiction
For any issue or dispute arising in relation to compliance with the terms of this agreement, the parties hereby expressly subject to the Courts of Valencia capital, and waive any other jurisdiction they may be entitled to.
I, --- ---, have read and accept all the clauses described in this contract.
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