TERMS AND CONDITIONS

 

SECTION 1 / PURPOSE AND SCOPE

 

Article 1. These Regulations have been drawn up at Sun Valley Marina in order to serve yachts and yachtsmen in a clean, safe and peaceful environment.

Article 2. The provisions of the Regulations shall apply to all persons, sea and land vehicles and operators of ancillary units in the Marina who will make short or long term use of Sun Valley Marina. All notifications shall be made in writing, by e-mail via and/or by hand t o the boat owner, owner, boat owner's representative, captain in return for signature.

Article 3. All private and legal persons, yachts, yachtsmen, boats and vehicles in Sun Valley Marina, as well as the operators and personnel of the ancillary units in the Marina are subject to the provisions of this. They are deemed to have accepted in advance to comply with the provisions of the regulation and the decisions of the persons authorized by this regulation.

Article 4. This regulation i s hereby adopted in accordance with Article 94(1) of the Constitution of the Turkish Republic of Northern Cyprus;

•             Tourism Industry Incentive Law No. 16/1987,
•             Chapter 294 Ports Act,
•             Environmental Law No. 21/1997,
•             Chapter 96 Roads and Buildings Regulation Act,
•             Zoning Law No. 55/1989,
•             It has been prepared in order to regulate the procedures and principles of marina management within the framework of the relevant sub-legislation.

 

  d.  Marina; Marina Management; Sun Valley Marina and Bastaslar Construction,

  e.  Contract Service Fee; Mooring and other services at sea the fee specified in the contracts and paid to the Marina by the boat owner/responsible person,

  f.   Marina Area, Yacht Harbor; including pontoons, docks, ramp, buoys, finger buoys, wave breakers, piersSun Valley Marina, Esentepe includes all land and sea areas known as the TRNC,

  g.   Marina Manager is a person appointed by the Board of Directors of Sun Valley Marina and Baştaşlar İnşaat and authorized and authorized for  t h e   i m p l e m e n t a t i o n o f  this regulation. responsible person,

  h.  Marina Security Area; boat berths, pontoons, floating docks, separated from the public area by a security fence, railing and/or landscaping, docks, breakwaters, filling areas, fuel station, marine transportation pier and the area reserved for the boat owner, crew and yacht customer,

  i.  Boat Owner; as the "Owner" in the tonnage certificate of the boat registered, individually or collectively, legal or natural persons or 

The legal or private persons authorized by him for the operation of the vessel or the charterer, agent or other person with power of attorney who holds the management of the vessel at that time

  j.   Boat Crew; insured by the Boat Owner on the boat, authorized with valid documents, performing a service on the boat (excluding those providing temporary service to the yacht from outside), professionally qualified, professional boat personnel;

Article 6. All areas outside the security area designated by the Marina Management are open to visitors. Persons authorized by the Marina Management and No one may enter the Marina security area without authorization except those who have a card issued by the management to enter the security area.

Article 7. All kinds of marine vessels other than private and commercial yachts may be given written permission by the Marina Manager to enter the Marina and moor them.

Article 8. Vessel to benefit from mooring and other services at the Marina Owners and/or skippers sign a contract with the Marina Management. The boat owner or captain is obliged to declare the information on the contract completely and accurately . The boats that will benefit from the marina must have full equipped and able to navigate with their own means.

Article 9. The boat owner/authorized captain must submit the valid documents of the boat to the Marina Management on the same day he/she enters the Marina, sign the service contract on the same day, and obtain the boat's valid Tonnage and Seaworthiness certificates, insurance policy and all other documents requested by the Marina.

Article 10. BOAT OWNER, the crew, customers and The guest is jointly, individually, jointly and severally liable for the behavior and actions of everyone covered by the guest, together with the person concerned.

 

CHAPTER 4 / RULES TO BE APPLIED INSIDE THE MARINA WITH ENTRANCES AND E X I T S TO AND FROM THE M A R I N A

 

Article 11. When the boats arrive at the Marina for the first time, they must complete all the The registration/information form to be submitted is filled in completely by the boat owner, skipper or the authorized person of the company to which the boat is attached.

Article 12. The Marina Management shall allocate a place within the Marina's maritime area where the owner of the boat that h a s e n t e r e d i n t o a Mooring Service Agreement can moor his/her boat. service contract. With a service contract, t h e Marina Management does not allocate a specific place within the marina to the boat owner, b u t any place suitable for the mooring of the boat.

Marina Management, emergencies, fairs, yacht races and/or other events and h a s the right to change the mooring place of the vessel when deemed necessary. . In this case, the owner, the master or the the company official c o n s e n t s in advance to accept the aforementioned change without any objection.

Article 13. The boat owner is obliged to moor his/her boat only at the place a l l o c a t e d by the Marina Management. The service of the boat mooring at a place not allocated to it despite the warnings and warnings of the Marina Management .The contract is unilaterally terminated without compensation, no refund will be made and the boat will be taken out of the marina.

For the mooring of the boat at sea, two vaults are provided to the boat at the mooring place, starboard and port, and the Marina Management s h a l l e n s u r e that the boat for the safety of the vessel, it requests these ropes to be connected to the appropriate attachment point on the vessel.

Article 15. If the Owner prefers to use his own rope by adding his own rope to the connection to be made to his boat or if he chooses to use one of the provided vault ropes that he/she bears all responsibility arising from any material and / or moral damages that may occur if he/she does not bind or binds loosely t h e boat owner accepts, declares and undertakes.

Article 16. The responsibility for the maintenance and urgent replacement of damaged ropes on the boat belongs to the boat owner. Continued use of damaged ropes

The boat owner is responsible for all kinds of material and moral damages and losses, including the crew and third parties, which may occur in case of failure to do so.

Article 17. Except for the vault ropes provided by the Marina Management to provide, use and keep under control all necessary materials such as ropes, fenders, etc. for the safe mooring of the boat at sea accepts , declares and undertakes. The stern that allows the boat to hold on to the dock The deadlock ropes are also the responsibility of the Boat Owner and must be selected in accordance with the characteristics and dimensions of the boat.

Article 18. It is obligatory that the name of the boat and the port of mooring are written on the boats as determined within the scope of the legislation of the TRNC Ministry of Transport, Maritime Affairs and C o m m u n i c a t i o n s and that the boat has the country flag of the port of mooring and the TRNC flag on board.

Lifeboats and service boats must be kept on the boat or hung on the davits. Otherwise, the boat owner must keep the lifeboat and/or service and the name of the vessel must be written on all inflatable, fiber or wooden boats, skids, trailers and all other vehicles belonging to the vessel.

Article 20. The boat owner shall inform the Marina Management via VHF radio and obtain permission before entering or leaving the Marina and before changing the mooring location within the Marina. Request mooring support in all mooring and outrigger operations.

should be required.

Article 21. The boat owner may communicate with the Marina Management via Marina VHF 72 channel using the call name "SUN VALLEY MARINA", and the marina management, Marina must request exit information and permission for exit and marina entry permission for marina entry.

Article 22. Except for the normal lighting installations of the boats and stoves for cooking, naked light sources inside the Marina and no fire may be lit for any reason whatsoever. Boat owner

In the event that SUN VALLEY MARINA determines that the captain or the officials managing the boat violate this regulation, the Service Contract of the boat committing the act will be terminated unilaterally and t h e boat will be taken out of the Marina. In this case, the Boat Owner shall be liable for the period remaining from the termination date. accept, declare and undertake in advance that the balance will not be returned to him shall do so. Marina Management cannot be held responsible for any damages arising from taking the boat out of the marina.

Article 23. Permission from the Marina Management at any point of the Marina Area It is forbidden to record with audio and video devices, cell phones, cameras, etc., take photographs and publish them in all kinds of media. If Sun Valley Marina detects any violation of this regulation In the event of a breach, the Management s h a l l be entitled to demand a penalty clause in amounts to be re-determined every year according to the nature of the breach.

Article 24. Vessels without sewage tanks may not use their toilets and bathrooms within the Marina and may not wash dishes or clothes on board.

Article 25. No garbage, waste oil and similar flammable, combustible, flammable and explosive materials of any kind may be dumped, deployed or discharged on or near the sea and other facilities within the marina area, nor may sewage tanks be emptied.

The boats place their garbage in the recycling and garbage containers placed by the Marina Management by filling their garbage in special plastic bags and tightly seal them. After closing, they are disposed of in a way that prevents odor and fly breeding.

In case of violation of this article, the Marina Management shall collect the fee to be re- determined every year as the cleaning fee and the subject matter for penalty procedures. will notify the relevant authority. If deemed necessary by the Marina Management, the Service Contract of the polluting vessel shall be unilaterally terminated and the vessel shall be discharged,

It will be taken out of the Marina. In this case, the Boat Owner accepts, declares and acknowledges in advance that the balance of the period remaining from the date of termination will not be refunded to him/her.

undertakes . Marina Management cannot be held responsible for any damages arising from taking the boat out of the marina.

Article 26. The Boat Owner is responsible for any damage and loss that may occur during maneuvering.

Article 27. The Owner and Crew of a Vessel may only apply this provided that it complies with the regulations, the relevant Labor Law and occupational safety rules can provide technical service. Boat Owner, Crew and Boat Customers cannot provide repair, modification and maintenance etc. services on other boats within the marina. Cannot carry out any commercial activity.

Article 28. The Boat Owner shall not be liable for any damage or damage caused directly by the conduct and actions of its own boat, its crew and all persons who fall within the scope of its guests, to the marina facilities or other marine vessels in the Marina is jointly and severally liable with them for the compensation of damages.

Article 29. Water, electricity and data connection to the boat can only be provided by the Marina Management can be done by the Marina Owner. The supply of lines such as cables, hoses, etc. extending from the water, electricity and data connection points in the Marina area to the boat is carried out by the Boat Owner. Without the w r i t t e n approval of the Marina Management and It is forbidden to draw water, electricity and data lines for various purposes from the existing connection points on the boat and in the Marina area without the approval of safety measures.

It is obligatory that the installations of the boats that want to receive electricity from the Marina comply with the norms, and those using heaters and similar devices must use cables according to the ampere rating. The electrical installations in the Marina shall only be accessed by the Marina

Special electrical cables deemed appropriate by the Management shall be connected. The cables connected to the electrical appliances inside the boat shall be securely and safely connected by the Boat Owner. The parties agree that it should be filmed in a professional manner.

Article 30. The grounding of the boat belongs to the Boat Owner. Electric voltage Marina Management is not responsible for any loss or damage caused by low voltage, voltage fluctuations, power, data interruption, etc.

Article 31. The protection of all kinds of equipment and materials to be kept on and around the boat against all kinds of weather, sea conditions and theft is the sole responsibility of the Boat Owner.

Article 32. All adequate and necessary precautions shall be taken by the Boat Owner against water ingress into the boat due to rain and other reasons. Marina Management

There is no obligation to drain the water from the boat. The Boat Owner is not obliged to drain the water from the boat while creating the systems related to water drainage on his/her boat and / or While requesting assistance from the Marina Management, he undertook all responsibilities against environmental pollution caused by his boat and was informed by the Marina management that accepts , declares and undertakes in advance the labor to be paid.

Article 33. On marina pontoons, docks and piers, in areas reserved as pedestrian or vehicle roads and in other general areas of use; goods, It is forbidden to store or keep bicycles, boots, shoes, materials or to occupy these areas with facilities such as lockers, huts, etc. It is forbidden to store.

Marina Management is not responsible for any loss, theft or damage.

Article 34. No work such as painting, sanding, polishing, etc. may be carried out on marina docks, piers and all sections reserved for boat mooring, in areas reserved as pedestrian or vehicle roads and other general areas of use.

Article 35. The Boat Owner is obliged to take all kinds of precautions against the presence of harmful creatures such as pests and rats on board and/or the spread of unsanitary odors and similar effects from the boat to the environment, which are unacceptable within the Marina responsible. The Marina Management may , if deemed necessary may take the necessary measures at the Boat Owner's expe nse to eliminate the negativity.

Article 36. Dangerous situations that may arise on board an unauthorized vessel may be remedied by the Marina Management's timely notification and good faith intervention in accordance with its capabilities. Upon necessity, Marina

Marina Management may change the location of the boat. In this case, the work done by the Marina Management shall b e paid by the Boat Owner. Marina Management

The mooring places of the boats may be changed in extraordinary cases, the necessary emergency repairs may be made on behalf of the owner or the captain and the related costs will be collected from the captain or the owner.

Article 37. The Boat Owner is obliged to take all necessary precautions against fire and to have fire fighting equipment specified in the relevant legal regulations on board. The Boat Owner is liable for all kinds of damages and Marina Management shall not be held liable for any loss, damage or damage to the Marina.

In case of emergencies such as fire, natural disasters such as tornado, tsunami, earthquake, storm and terrorist attack, etc. within the Marina, the boats will be kept inside the Marina.

They act in accordance with the instructions of the Management and provide any assistance requested.

It is forbidden to practice water skiing, jet skiing, surfing and similar sea sports and/or use watercraft inside the Marina.

 

Article 40. Swimming, diving and fishing are strictly prohibited in the marina sea area.

Article 41. Keeping pets inside the Marina is subject to the written permission of the Marina Management. Permitted pets may not be left unattended and may only be walked on a leash. Pets that do not present vaccination cards approved by the veterinarian pets are not allowed inside the Marina. Pollution caused by pets cleaning and any damages and losses they may cause are the responsibility of the Boat Owner.

Article 42. The Boat Owner shall inform Marina about the number and credentials of the boat captain and boat crew he will assign to work on his boat.

The Marina Management must be informed inwriting. Persons who have not been authorized in writing by the boat owner shall be removed from the Marina by the Marina Management.

Article 43. The Boat Owner may arrange for maintenance, repair, etc. works to be carried out on his/her boat.

The person to be called from outside the marina, authorized service (works within the scope of warranty and the personnel working in other companies owned by the Boat Owner including the Marina Management) must obtain written approval from the Marina Management. Boat owner declare the last 60 days insurance declarations if the employees brought from outside are their own personnel, and declare the master entry declarations related to the entry of these people into the Marina.

Form, sign it and pay the Master's entrance fee determined by the Marina Management in advance. The Boat Owner must ensure that these persons

They accept, declare and undertake in advance that they will be liable for any damages and losses they may cause in the Marina. Persons who are found to be on the boat without taking the necessary actions shall be liable for any damages caused by the Marina Management at the marina.

Shall be taken out of the Marina. The Boat Owner shall not be liable for any damages arising from the removal of these persons from the Marina.

Shall not hold the Marina Management liable for any and all damages and losses that may arise and shall immediately pay t hree times the Master's entrance fee arising from such persons with penalty.

Accepts, declares and undertakes t o pay in advance.

Article 44. All maintenance, repair, technical service, etc. companies that will enter the Marina area shall submit all documents requested by the Marina Management to the Marina Management in full. Marina Management cannot be held responsible for any financial losses that may occur due to missing documents.

Article 45. Entry to, navigation/maneuvering in and exit from the Marina Marina Management will enforce speed limits on all sea and land traffic during

The speed limits shall be announced on written signs. In the absence of signs, the speed limit in question is maximum 3 nautical miles per hour for marine vehicles and maximum 20 km per hour for land vehicles. Owners and their vehicles that do not comply with this speed limit are prohibited from entering the Marina.

 

SECTION 5 / POWERS OF THE M A R I N A M A N A G E R TO ENSURE THE N E C E S S A R Y ORDER IN THE M A R I N A

 

The Marina Manager shall ensure that the Marina is operated and managed in an orderly, clean and safe manner and that coordination is maintained between the Marina staff and the services.

 

Article 46. It regulates the entry, mooring, departure, maintenance and repair operations of the boats into the Marina and their departure from the Marina.

Article 47. It selects the berthing and mooring places for the boats; changes the berthing places allocated to the boats when and where it deems necessary; and If their captains and owners are present in the Marina, they will be notified. Otherwise, it shall have it towed to the necessary places by the personnel under its command.

Article 48. In boats where the captain and owners are absent, they shall have the repairs that may be required in case of emergency and collect the cost later.

Article 49. Warns boat owners or captains about behaviors that disrupt the order and tranquility of the marina, create a danger to the public and violate the provisions of this regulation; warns the same and similar behaviors despite the warning.

The Port Authority shall be notified and the Marina shall be taken out of the Marina and other penalty measures shall be taken. In case of similar behaviors of persons other than boats and boaters, they shall be excluded from the Marina, not allowed into the Marina and the facility from benefiting from its activities. Violation of the terms of this regulation of persons, companies, vehicles and vessels whose attitudes and behaviors are determined Marina not being allowed to enter the Marina or not being allowed to provide Marina services Marina Management shall not be held liable for any loss or damage that may be incurred by the parties affected by the suspension. In order to ensure peace and security within the Marina, law enforcement officers may be called when necessary.

Calls to duty.

 

Article 50. It examines the works carried out for the operations specified in other articles of this Regulation asbeing subject to authorization and grants authorization where itdeems appropriate.

Article 51. The services provided to boats that do not pay the fees accrued in accordance with the announced tariff may be suspended and/or permission to leave the Marina may not be given.

Article 52. Where it deems necessary, it may authorize transactions prohibited by this Regulation or introduce new rules and regulations according to the needs of the case.

Article 53. The working hours of the commercial units in the Marina, their services t h e start and end times of the activities. The way these activities are carried out, Inspects the cleanliness, safety and suitability for the purpose, controls the clothing and behavior of the employees.

Article 54. Performs the duties and takes the measures stipulated by this regulation. The Marina Manager shall exercise the powers set forth in this Regulation when deemed necessary may delegate to subordinates.

CHAPTER 6 / LIABILITIES AND INSURANCE

 

Article 55. The boat owner is solely, jointly and severally liable for any and all damages caused by the boat owner, boat crew and boat customers to the MARINA MANAGEMENT and its personnel, other boats and authorities in the  MARINA and third parties.

Article 56. The BOAT OWNER shall be liable for the loss of the goods on board his boat, theft, damage and any loss, damage and accident suffered by its crew/customers.

Article 57. The BOAT OWNER shall be liable for the loss of the goods on board his boat, theft, damage and any loss, damage and accident suffered by its crew/customers.

Article 58. Termination of the mooring contract or MARINA OPERATION in case of termination of the contract by the MARINA, the BOAT is obliged to leave the MARINA on the same day. Otherwise, for each day the BOAT s t a y s in the MARINA, BOAT OWNER is obliged to pay the daily mooring unit price specified in the official mooring price tariff in force.

 

SECTION 7 / T E R M I N A T I O N OF C O N T R A C T AND EVICTION

 

Article 59. The Marina Management s h a l l b e l i a b l e for any person who v i o l a t e s the provisions of these regulations, disrupts the marina order, pollutes the environment, fails to fulfill its payment obligations.

Or violates the safety rules inside the marina may terminate the owner's contract unilaterally and without compensation.

Article 60. In case of termination of the contract, the boat owner is obliged to remove his/her boat from the Marina area immediately. Otherwise, the Marina Management and collects all costs related to the evacuation from the boat owner.

Article 61. Despite the written warning given by the Marina Management within 3 days boats that do not leave the marina within this period will be penalized for each passing day at the daily mooring tariff.

CHAPTER 8 / PENAL PROVISIONS AND DISPUTE

 

Article 62. In case of violation of the rules set forth in this regulation, the Marina Management will give a verbalorwritten warningto the persons concerned. Repeated violations may result in termination of the contract and a ban on entry to the facilities.

Article 63. Owners of boats that pollute the environment, carry out unauthorized maintenance/repair, employ unauthorized persons or fail to comply with emergency measures within the Marina boundaries will be fined according to the Marina Penalty Tariff updated annually.

Article 64. Any dispute arising between the boat owners and the Marina Management In case of disputes, settlement is preferred first. If reconciliation cannot be reached between the parties, disputes are resolved before the TRNC courts.

 

CHAPTER 9 / ENFORCEMENT AND EXECUTION

 

Article 65. These by-laws are hereby adopted by the Sun Valley Marina Management by t h e marina office. Any updates and changes will be notified to the boat owners via e- mail and/or written announcement by the Marina office.

Article 66. Sun Valley Marina Manager and the unit supervisors authorized by him/her are responsible for the execution of this regulation.