MARINA RULES & REGULATIONS
The following Marina Rules have been adopted in order to provide a safe and inviting Marina for our patrons. These Rules, which are also posted on the Marina bulletin board and on the website www.holidayoceanview.com, are expressly made part of the License Agreement. Boat Owner (“Owner”), any member of his family, any of his employees, licensees, agents, contractors, and guests (hereinafter individually referred to as “Owner’s Agent”) expressly agree to comply with these Rules at all times. The Marina maintains the right from time to time to change or add Rules for the safety, care and cleanliness of the Marina or for the preservation of good order and, upon posting such amendments and additions in a conspicuous place in the Marina, they shall become part of the License Agreement and supersede all previous versions. Owner agrees to comply, and to cause Owner’s Agent to comply, with all Marina Rules.
1. Docking, mooring, or otherwise securing of any and all vessels in the Marina or to any portion of the dock is permitted only with the written authorization of the Marina, by means of a License Agreement, and as such falls under the jurisdiction of the Marina.
2. All vessels require the approval of the Dock Master prior to the execution of any slip license agreement. Vessels are to be maintained in good mechanical and aesthetic condition, or in seaworthy condition, at all times. Vessels not in good condition, at the sole discretion of the Dock Master, will not be admitted to or permitted to remain in the Marina. A marine survey, conducted by an accredited marine surveyor, may be required at the discretion of the Marina at the Owner’s expense any time prior to arrival or while the vessel remains in the Marina.
3. Owner shall provide Marina with all required documentation including insurance certificate, current vessel registration or documentation and current passports or driver’s license(s). If Owner fails to provide the required documentation within 10 days of the date, Owner must immediately remove his/her/its Vessel from the Marina until the required documentation is provided. If Owner fails to remove his/her/its Vessel from the Marina, Marina may, at its option, move the Vessel from the Marina, store the Vessel at Owner’s expense and may, at Marina’s option, terminate the License Agreement. If Marina does not terminate the License Agreement, Owner shall continue to be responsible for all obligations under the License Agreement, including payment of rent.
4. Rules of the road and navigation laws of the Republic of the Philippines and the Cities of Davao and Island Garden City of Samal, apply to all vessels in, approaching or leaving the Marina. The use of fairways and slip channels shall be for the purpose of entering or leaving slips only. Observation of the “One-Way” channel must be strictly adhered to. All vessels with engines shall use engines for propulsion within the marina waters. Marina speed limit is steerage only, with no wake and at no speed greater than 5 miles per hour. Owners are responsible for damages or injuries caused by the boat’s wake.
5. It is the responsibility of the Owner to provide the necessary and suitable dock lines, fenders and other gear for berthing their vessel. If such lines break, the Marina may, at its option, replace the same, whereupon Owner will reimburse Marina for said lines and a reasonable charge for installing them within ten days after being billed thereof. Hoses, electrical cords and dock line tails must be coiled. All Vessels shall be fully equipped with dock/boat bumper/fender protectors at all times the vessel is in Slip. Sponges, tires and carpeting are not permitted. Absolutely no “improvements” or modifications (e.g. installing fenders, hose caddies, etc.) to the docks are allowed.
6. No portion of any vessel shall overhang the walkway or channel at any time (e.g., bowsprit, plank. bow pulpit, swim step). Should any portion of the vessel overhang the walkway or channel, Owners do so at their own risks and bear liabilities for damages or injuries caused by such berthing setup.
7. Owners shall not store or leave any items on the floats, docks, fingers or landings, including bicycles and dinghies. Dock steps are permitted provided they do not exceed one half the width of the dock finger. Owner shall not attach, affix or install any other objects (including satellite dishes) or materials to fingers or floats. Any such items will be immediately removed and disposed of. Gear of any nature, and any flammable product stored on docks will be removed at owner’s expense.
8. This is a private marina. The only persons permitted on the docks are the Owners and their guests. All guests must be accompanied by the Owner at all times. All others must obtain permission from Marina Management. Owners are responsible for instructing guests on the Rules and Regulations.
9. Maintenance in the Marina, whether by boat owner or commercial contractor, shall be limited to normal preventative maintenance. No sanding, paint removal, spraying or scraping shall be done on topsides, above decks or underwater. Major construction or repair, painting or overhaul shall not be permitted on Marina’s premises. Marina shall be the sole judge as to what constitutes “major construction, repair, painting or overhaul”. No guests shall perform any work or maintenance on their vessel while it is docked at the Marina.
10. All Owner’s Agents must register with the Marina and provide adequate temporary security prior to admittance to the docks. In so registering, the Owner’s Agents agree to save harmless the Marina from any and all liabilities arising out of the admittance into the docks and Marina Premises.
11. Engines shall not be operated in gear when the vessel is secured to the dock. Unnecessary operation of engines in slips shall not be permitted. Other noise-making equipment or appliances shall be operated in compliance with all laws, ordinances and rules. Volume must be at a level considerate of the other marina tenants.
12. Owner shall not throw, discharge or deposit from any vessel or float any solid or liquid material including but not limited to refuse matter, oil bilges, galley drain water, or flammable liquid (“Waste Materials”) into the water or upon Marina’s Premises. Vessels with automatic bilge pumps shall be maintained in a manner that will prevent Waste Materials from being pumped automatically into the water. Owner(s) is responsible for the proper disposal of all oil and/or solvents off Marina premises. Owner shall not empty Waste Materials in any toilet or lavatory facility on Marina’s premises.
13. All trash is to be placed in garbage receptacles. Any excessive amounts of trash (i.e. from a party, spring cleaning, etc.) must be disposed of off Marina Premises.
14. Owner shall take due care and is solely responsible for any fuel spillage while fueling or transferring fuel from the docks.
15. No firearms, fireworks or live ammunition are allowed on the premises. Storage, possession and/or use of any illegal drug, controlled substance or hazardous materials are prohibited on any part of the premises.
16. Owner shall notify the Marina of any unsafe or hazardous conditions that come to his/her attention. Disorderly or indecorous conduct by any Owner or Owner’s family, agents, licensees or invitees that might cause harm to any other person or damage property or harm the reputation of the Marina is prohibited. Marina reserves the right to board any Vessel in the event of any unsafe condition or discharge of materials into the surrounding waters causing a prospective hazard to the Marina premises or other vessels.
17. No advertising or soliciting of any kind is allowed on Marina premises or on vessels. Owner shall not post any “For Sale” signs on Vessel. If Owner is selling his Vessel, Owner must make arrangements to meet prospective buyers at Marina. Marina will not admit buyers to see any vessel in the Owner’s absence.
18. The Parking Area is for parking Owner’s vehicle. No particular vehicle parking space is assigned or reserved and the availability of parking is on a “first come-first served” basis. Marina reserves the right to limit parking to one vehicle per License Agreement. If required by Marina, Owner shall affix a parking permit to Owner’s vehicle as provided by Marina. Marina may allow guest parking on a “first come-first served” basis. No motor homes, campers, trailers or other oversize vehicles shall be parked in the Parking Area. Oversized vehicles must park outside the Parking Area. Marina reserves the right to control access to the Parking Area in such a manner as it shall determine in its sole and absolute discretion.
19. No vehicle shall be parked in the Parking Area for a period in excess of seventy-two (72) consecutive hours. Overnight sleeping in any vehicle in the Parking Area is prohibited.
20. Owner shall notify Marina when Owner expects the Vessel to be away from its slip for any period in excess of forty-eight (48) hours.
21. Children under twelve (I2) years of age are not permitted on the docks at any time without immediate and constant supervision by parents or other responsible adults. Non-swimmers or children under age twelve (I2) must wear life jackets on the docks or boat decks. All Guests must be accompanied by Owner.
22. Do not borrow, even for the shortest amount of time, any electrical cords or hoses belonging to other boaters without their permission.
23. No skateboards, roller skates, bicycles or any other wheeled vehicles may be ridden on docks or decks. Bicycles may be walked on docks to Vessel and shall be stored on board Vessel. Bicycles are not to be stored on dock areas.
24. Animals must be tethered and restrained by a leash or in an appropriate cage when on the Marina premises. It shall be the Owner’s responsibility to immediately clean up after their pet should they soil any area and dispose of the waste in an appropriate receptacle. Marina shall be the sole judge of whether the Owner’s efforts to control animals and pets is deemed to be adequate. All animals (except seeing eye dogs) are prohibited from entering Marina restrooms.
25. Marina does not accept telephone messages or mail/packages for boaters except in cases of life-threatening emergency. Marina is not responsible for receipt or delivery of any mail addressed to Owner at Marina’s address.
26. Upon vacating: all personal property must be removed within 7 days or it is agreed that said property shall be forfeited to Marina. If Marina incurs any expense in removing and/or disposing of personal property, Owner agrees to immediately reimburse Marina for any and all expenses so incurred.
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Holiday Oceanview | All rights reserved. | 2017