Limassol Marina is a Port of Entry and all Vessels and persons entering or leaving the Marina are subject to the relevant provisions of the Laws and Regulations of the Republic of Cyprus in relation to the entrance and exit of persons and goods to and from the territory of the Republic of Cyprus through a Port of Entry. Furthermore, the use of the Marina is subject to the Laws and Regulations of the Republic of Cyprus and the Terms and Conditions below.
1. Definitions
‘Company’ means Limassol Marina Limited, its employees, agents, and/or any other person appointed to represent the Company for purposes of observing these Terms and Conditions.
‘Marina’, for the purposes of these Terms and Conditions, means Limassol Marina including its berths, moorings, boatyard, administration building, land, quays, breakwaters, pontoons and any other facilities relevant to the marina operation. Limassol Marina is operated under contract by F & S MARINAS LIMITED, who act for and on behalf of Limassol Marina Limited with full rights and privileges to manage and enforce these Terms and Conditions and all operational aspects of the Marina.
‘Owner’ means the registered owner of the Vessel, whether an individual or a company or another legal person, as documented in the official Certificate of Registration of the Vessel. If there are two or more registered Owners, they shall be deemed to be acting jointly and severally.
‘Vessel’ means any Vessel including its tender, Jet-Ski and any related equipment using the Marina.
‘Marina User’ means any person (other than the Company) using the Marina.
‘Berthing Agreement’ means a formal Marina Berthing Agreement issued to the Owner of the Vessel for the use of a designated berth at the Marina and which includes these Terms and Conditions.
‘Berthing Fee’ means the applicable charges for mooring as set out in the Company’s published rate card or as stated in any official quotation.
‘Berth’ means a berth, mooring, or onshore storage place.
‘Length Overall’ means the length overall of the Vessel including davits, bowsprits, boarding ladders, sterndrives, tenders, outdrives, anchors, pulpits and pushpits and any other extensions fore and aft of the Vessel.
‘Approved Contractor’ means any individual, serviceman or organisation that has successfully registered with the Company in order to provide their services on the Marina premises.
‘Contractor Terms & Conditions’ means the terms and conditions of permitted work at the Marina. Approved Contractors must abide by these terms & conditions at all times to retain approval to access the Marina.
‘Hot Work’ means any activity generating a naked flame, spark, or hot gas.
‘Work Permit’ means a valid permit issued by the Company to a contractor or other person permitting him to conduct works of a hazardous nature at the Marina. Work Permits are issued on a job-by-job basis.
‘Hazardous Works’ means any work of a high-risk nature including but not limited to working at height, working with hazardous chemicals, working in confined spaces, hot work, work involving lifting machinery, underwater works, works involving isolation of power or gas supply lines, works requiring a specialist licence, works generating dust or airborne waste, noise generating works and simultaneous works (multiple contractors).
‘Duly Authorised Representative’ means an individual or entity authorised pursuant to a Power of Attorney (POA) or with other instrument by the Owner or Owning Company to act on their behalf in matters related to the Vessel and Berthing Agreement, including requesting services and instructing the Marina on actions concerning the Vessel.
‘Captain’ means an individual holding appropriate qualifications and certifications as required by the laws and regulations of the Republic of Cyprus or international maritime standards (such as STCW certification) to command and operate the Vessel, and who may act on behalf of the Owner in operational matters related to the Vessel when authorised.
‘Change of Ownership’ means any transfer, sale, or assignment of ownership or demise charter of the Vessel from the current Owner to a new individual or entity, as evidenced by an updated Certificate of Registration.
‘Price List’ means the schedule of fees and charges for berthing, utilities, fuel, and other services published by the Marina from time to time, which may be amended without prior notice at the discretion of the Company. Any changes to the Price List shall be applicable to new Berthing Agreements or renewals of existing Berthing Agreements
2. Liability & Insurance
2.1 All persons shall use the Marina at their own risk and the Company shall not be liable for the death or injury of any Marina User, nor for the loss, theft or any other damage caused to any Vessel, vehicle, or personal possessions. The Company shall take all reasonable care but shall not be under any general duty to provide safety watch, weather watch, or security services to prevent or reduce the likelihood of injury, theft or damage.
2.2 The Owner shall maintain with a reputable insurer an insurance cover against all risks, third party claims, public liability, wreck removal and environmental damage for or caused by his Vessel, himself, his crew, family and guests in respect of any incident. Prior to the issue of the Berthing Agreement and at any time during its term, if requested to do so, the Owner shall provide a copy of the insurance cover note to the Company. The Owner shall promptly advise the Company of any subsequent material changes to the insurance cover.
2.3 The Owner shall indemnify the Company against all actions, demands, loss, damage, costs, claims or proceedings and expenses incurred by or instituted against the Company that may be caused by his Vessel, himself, his crew, family, guests, contractors or suppliers.
2.4 Before accepting a Berthing Agreement the Owner shall satisfy himself that the Berth and all other relevant parts of the Marina are in all respect suitable and satisfactory for his Vessel.
3. Sale of a Vessel
3.1 The Owner may sell his Vessel whilst it is in the Marina provided that he or his representative is present at all times when the Vessel is being viewed or demonstrated. ‘For Sale’ notices may be displayed on the Vessel if authorised by the Company. Before the completion of any sale the Owner shall seek the Company’s permission, in accordance with sub-clause 6.1, to assign the Berthing Agreement. Even if the Vessel is scheduled to depart from the Marina upon completion of the sale the Owner shall nevertheless promptly notify the Company in writing of the name and address of the new Owner.
3.2 Following the Change of Ownership of any Vessel, the previous Owner is obligated to notify the Marina in writing of the full details of the new Owner, including name, contact information, and provide updated documentation, including new Certificate of Registration and Certificate of Insurance in the name of the new Owner of the Vessel, immediately upon completion of the Change of Ownership. Failure to provide such notification may result in the Marina restricting the Vessel from exiting under new ownership until all required information and a new Berthing Agreement are in place. A new Berthing Agreement shall subsequently be issued and signed, along with these Terms & Conditions, by the new Owner of the Vessel.
3.3 The Owner will not complete the sale of his Vessel prior to the settlement of any outstanding balance with the Marina associated with the Vessel and the Company reserves its right to take all actions as described in clause 5.3 to ensure settlement of all monies due prior to any sale commencing.
4. Repairs & Maintenance & Contractors
4.1 The Owner shall maintain his Vessel in a clean and tidy state and in a sufficiently seaworthy condition to enable it to move from the Marina under its own power, or using its own resources, at reasonably short notice.
4.2 The Owner shall keep his Vessel in good serviceable condition and repair so as not to obstruct, interfere with or endanger other Vessels navigating or berthed at the Marina.
4.3 Should the Owner default in compliance with the provisions of the above clauses, the Company may serve a notice on the Owner requiring him to repair his Vessel occupying a Berth, within a reasonable time. Should the Owner fail to comply with this notice within the time specified in the notice, the Company may without further notice, terminate the Berthing Agreement pursuant to the provisions of clause 13 below.
4.4 Only repair and maintenance work of a minor and routine nature may be carried out on a Vessel within the Marina and only in the designated technical services area or on a designated repair berth. Subject to complying with Health & Safety Policy such work may be done by the Owner or his regular crew, or an Approved Contractor. Marina Lemesou Street 3014 Limassol, P.O. Box 50160, 3601 Limassol, Cyprus T: (+357) 25 020 020 | info@limassolmarina.com | LIMASSOLMARINA.COM
4.5 The Company shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on the Vessel if in the Company’s opinion such be necessary for the safety of the Vessel or the safety and/ or convenience of other users of the Marina or Premises or for the safety of the Marina or Premises, plant and equipment and the Owner shall pay the Company’s reasonable charges for any such action.
4.6 The Company reserves the right to order any repair or maintenance work to cease if it considers that it is causing damage, inconvenience, nuisance or a health and safety risk to the Marina, to Marina Users, or to persons or premises nearby or any other breach of the Marina’s Health & Safety Policy or Environmental Management Policy.
4.7 Hot Work is expressly prohibited in any location at the Marina unless specifically authorised and approved by the Company in writing.
4.8 For the protection of all Marina Users and especially the Owner, for insurance reasons and maintenance of Health & Safety across the premises, the Company operates a strict policy whereby only Approved Contractors may conduct maintenance, or repair works on board the Vessel or in any other location in the Marina, including the Boatyard facility.
4.9 To become approved, contractors must contact the Company in order to complete an application and provide all required documents as proof of compliance with the Contractor Terms & Conditions. The list of approved contractors is available via Marina Reception and via the Company’s digital/online service channels.
4.10 Any non-approved contractor found to be working without authorisation shall be stopped and ejected from the Marina. The Company shall bear no cost or liability that results from any damage, delay or other inconvenience as a result of such action. The contractor will be permitted access to continue works upon successful application to become an Approved Contractor.
4.11 Collections and deliveries to the Vessel by nonapproved contractors are permitted, for which access must be arranged via Marina Reception or Marina Security. Owners must not provide unauthorised access to any contractor, whether holding approved status or not.
4.12 The Owner remains responsible at all times for the management of their contractors and the work conducted onboard or on behalf of their Vessel. This includes compliance with Health & Safety Policy, Environmental Policy, Work Permit policy for hazardous works, waste and recycling, hazardous waste disposal and cleanliness and tidiness of the working areas. The Owner shall at all times remain responsible for any breaches of the Marina’s policies related to their appointed contractors and works conducted on or for their Vessel.
4.13 Hazardous Works are expressly prohibited in any area of the Marina, unless a Work Permit has been granted by the Company. A Work Permit may be requested via Marina Reception.
4.14 A contractor or an Approved Contractor is engaged by the Owner or the Owner’s representative as an independent contractor and not as an employee, agent, or partner of the Company. Accordingly, the Company shall have no liability whatsoever for any acts, omissions, negligence, or default of the contractor or of the Approved Contractor or any of his employees, agents, or subcontractors in connection with the performance of the services. The contractor or the Approved Contractor shall be solely responsible for all liabilities, claims, losses, damages, or expenses arising from or in connection with the services performed.
5. Payments
5.1 Berthing Fees and various applicable service charges are calculated based on the Length Overall of the Vessel. The Company reserves the right to measure the Vessel and apply fees accordingly should the specifications given on the Certificate of Registration or any other official document related to the Vessel, prove inaccurate.
5.2 Berthing fees and charges for other utilities and services (such as water, electricity, fuel and other utilities, fiber to berth providing broadband telecommunications services, Wi-Fi, waste removal facilities, repairs and other technical services, hoist/crane operations, storage services, parking etc.) shall be calculated by reference to the Company’s current tariffs. In the event of an increase or reduction in the rate of VAT or other tax the Company shall have the right of adjustment and recovery from the Owner.
5.3 The Company reserves the right to amend all fees and charges at its discretion. Any change to Berthing Fees shall apply from the expiry of the current Berthing Agreement.
5.4 Berthing Fees must be paid in full, in advance of the start of the Berthing Agreement, including renewal of Berthing Agreements, unless otherwise agreed with the Company in writing.
5.5 Berthing Agreement Reservations: Berthing Agreement reservations may only be secured via payment of a non-refundable 10% reservation deposit. The reservation period is limited to a maximum of 6 months from the date of the deposit payment, after which the reservation will lapse if the Berthing Agreement is not executed, and the deposit will not be refunded under any circumstances.
5.6 Responsibility for Charges: All charges related to Berthing Fees or other services provided by the Company are the sole responsibility of the Owner named on the Berthing Agreement. Under no circumstances will the responsibility for such charges be transferred or assigned to brokers, agents, or other individuals or entities, regardless of any arrangements made by the Owner with third parties. The Owner remains fully liable for the settlement of all invoices issued by the Company, regardless on which name the invoices are issued by the Company.
5.7 Authority of Duly Authorised Representatives: A Duly Authorised Representative, acting pursuant to a Power of Attorney (POA) on behalf of the Owner or Owning Company, is permitted to request services and instruct the Marina on actions related to the Vessel covered under the Berthing Agreement. Any charges incurred as a result of such requests or instructions will be issued to the Owner, and it remains the sole responsibility of the Owner to settle these charges within the timeframes specified in this agreement, as outlined in clause 5.8.
5.8 Payment Terms: All invoices issued by the Company must be settled by the Owner within 7 days of the invoice date. Failure to settle outstanding amounts within this 7-day period constitutes a breach of these Terms and Conditions and a violation of the Berthing Agreement, which may lead to immediate termination of the Berthing Agreement at the discretion of the Company, in accordance with the provisions of clause 13 below.
5.9 Interest on Late Payments: If money owing to the Company is not paid within the designated 7-day period upon the presentation of the invoice to the Owner, interest will be added to the balance at 4% above the 6-month EURIBOR rate. This shall be calculated monthly using the EURIBOR rate applicable on the first day of the relevant month.
5.10 Third Party Payment Arrangements: Services at the Marina are provided by the Company to the Owner and their Vessel. If any third party (such as an agent, management company, or organisation) is designated to pay on behalf of the Owner, a ‘Third Party Payment Declaration Form’ must be signed and stamped by the Owner. However, this arrangement does not absolve the Owner of ultimate responsibility for payment, and the Owner remains, at all times, liable for any unpaid amounts towards the Company.
5.11 Lien and Retention Rights: Without prejudice to its rights under clause 13, the Company reserves the right to exercise a general or possessory lien upon (or otherwise retain) a Vessel until such time as the Owner has paid any amount owed to the Company.
5.12 Fuel Charges: Fuel charges are payable immediately upon order or delivery, as applicable. The Owner or Duly Authorised Representative or the person designated to pay under a Third Party Payment Declaration Form must settle fuel charges at the time of transaction, and failure to do so may result in refusal of service or additional penalties as outlined in clause 5.9.
5.13 Utility Service Charges and Deposits: Charges for utility services such as water, electricity, and other similar amenities are levied against a deposit based on estimated monthly consumption. The Owner is required to maintain this deposit and top it up monthly to cover anticipated usage. Alternatively, the Owner may opt to provide a credit card for automatic billing of utility charges. In such cases, the credit card company may block an amount equal to the estimated monthly charge as a pre-authorisation hold, which will be adjusted based on actual consumption. The Owner is responsible for ensuring sufficient funds or credit are available to cover these charges.
5.14 Disconnection Due to Non-Payment: In the event of non-payment of utility charges or failure to maintain the required deposit or credit card payment within the specified timeframe, the Company reserves the right to disconnect any Vessel from the electricity supply or other utility services. The Company shall have no liability whatsoever for any loss, damage, or inconvenience resulting from such disconnection, and reconnection will only occur upon full settlement of outstanding amounts and any associated reconnection fees as determined by the Company.
6. Use of the Berth
6.1 The Berthing Agreement is personal to and shall at all times be held in the name of the Owner and is valid only for the Vessel named on it. The Berthing Agreement may not be assigned, transferred, sublicensed, or otherwise howsoever disposed of, nor may it be used for an alternative or additional Vessel, unless the Company first authorises this in writing. The Company reserves the right, acting reasonably, to refuse an assignment, transfer or sublicense to an alternative Vessel. An authorisation shall only take effect when the Company has amended or re-issued the Berthing Agreement.
6.2 The Owner is not permitted to provide chartering or other commercial activities from the Marina without the Company’s prior written approval. The Company’s approval may be given or withheld at its discretion. A Commercial Berthing Agreement is required.
6.3 If the Berthing Agreement is for berthing afloat then it does not confer any rights to lay-up or storage of the Vessel ashore, and vice-versa.
6.4 The Berthing Agreement does not entitle the Owner to the exclusive use of any particular Berth and the Company, acting reasonably, may move or require the Owner to move his Vessel from one Berth to another (relocation). The Company shall not be liable to pay any compensation in respect of any relocation and the terms of this Berthing Agreement shall continue to apply to any Berth to which the Vessel is relocated whether on a temporary or permanent basis.
6.5 The Company reserves the right to host events from time to time, including an annual boat show, during which several berths and areas of the Marina may be required to accommodate and facilitate the event. As such, the Owner may be required to re-locate their Vessel to an agreed alternative location within the Marina in accordance with clause 6.4.
6.6 The Owner shall at all times ensure that his Vessel is berthed and secured in a seamanlike manner with mooring lines and fenders that are adequate to withstand all foreseeable weather and tidal conditions, and to adequately secure and protect the Vessel and those around the Vessel. Separate lines shall be used for each function (e.g. head ropes, springs, breast ropes) to ensure that they can be adjusted easily at all times. If the Owner uses any of the Company’s moorings or lines, then he shall satisfy himself that these are adequate for his Vessel and he shall take seamanlike precautions to protect them from chafe and other damage. The Company shall not be liable for any loss, damage, delay, or expense whatsoever arising out of or in connection with the berthing or attempted berthing of the Vessel, whether such berthing is performed by the Master, crew, pilot, port authority, or any third party. The Marina Lemesou Street 3014 Limassol, P.O. Box 50160, 3601 Limassol, Cyprus T: (+357) 25 020 020 | info@limassolmarina.com | LIMASSOLMARINA.COM responsibility for the safety, suitability, and execution of all berthing operations shall rest solely with the Owner, and the Company shall have no responsibility or liability in respect thereof, whether in contract, tort (including negligence), or otherwise.
6.7 The Company may board, enter (by force if necessary), move, or carry out emergency work on a Vessel if this is necessary for safety or urgent operational reasons. The Owner shall be liable to pay the Company for the reasonable costs incurred if they are a consequence of any breach of these Terms and Conditions.
6.8 The Owner shall inform the Company in advance if he expects his Vessel to be absent from the Marina for more than 24 hours. The Owner shall inform the Company at least 24 hours before the Vessel’s expected return to the Marina.
6.9 When a Vessel is absent from the Marina, the Company shall be entitled to use its Berth for other Vessels and retain any berthing fees arising. As soon as the Vessel returns to the Marina the Company will use reasonable endeavours to make its usual Berth available or, failing this, an alternative Berth.
6.10 The Owner shall ensure that his Vessel’s connections to the utility supplies are properly designed, weatherproof, fitted and maintained. Wiring must be of sufficient amperage for use as specified by the applicable electrical code. Electricity cables must be disconnected from the supply point before being disconnected from the Vessel.
6.11 The use of onboard generators is prohibited while moored within the Marina unless by written approval from the Company and then shall only be on a temporary basis until connection to shore power is made at the earliest opportunity
7. General Rules
7.1 Marina Users shall comply with all reasonable instructions from the Company that relate to the safe and efficient operation of the Marina.
7.2 The Owner shall navigate his Vessel within the Marina in a seamanlike manner and at such a speed (and in any event no faster than 3 knots) that no danger or inconvenience is caused to other Vessels. Vessels shall not drop anchor in the Marina except in emergency or unless directed to do so by the Company. Vessels shall not proceed under sail within the Marina.
7.3 On behalf of himself and his crew, family and guests, the Owner agrees to comply with these Terms and Conditions, hence the Owner shall be personally liable and responsible to ensure due application of these Terms and Conditions. The Owner further agrees not to allow anything to take place at the Marina or aboard his Vessel that might cause annoyance, nuisance or offence to the Company or any Marina User, or to persons or property nearby. Potentially offensive or nuisance situations include the extended running of engines and/ or onboard generators, loud audio equipment, outdoor cooking, unsecured halyards and sail covers, and antisocial behaviour.
7.4 Access rights to the Marina are granted to the Owner and their designated and registered crew, family and or representatives in line with the Company’s access rights policy.
7.5 Access rights are non-transferable and any abuse of access by unauthorised distribution of access cards or unauthorised opening of access barriers to permit entry are strictly prohibited. The Company reserves the right to cancel access cards or remove access rights in the event of a breach of these terms & conditions.
7.6 Animals are only permitted in the Marina on the strict understanding that they are at all times under control and do not cause concern, disturbance or inconvenience to other Marina Users and do not foul the Marina. In case of any breach of this Term the Company reserves the right to ask for the immediate removal of the animal from the Marina.
7.7 A Vessel’s tender, gear, stores and other equipment shall (unless they are always stored aboard the Vessel) be clearly marked with the name of the Vessel. These products shall not be left on the pontoons or quays or anywhere else on the Marina unless the place has been designated by the Company as a storage place.
7.8 Any unapproved item(s) left secured to Company property may have the locks cut and the item(s) removed.
7.9 Any item(s) that are removed either by force or having been found left unattended on docksides, pontoons or any other area of the Marina, shall be transferred to temporary storage. Where identified, the Owner shall be contacted and given 30 days to arrange for collection. Any items left unclaimed after 30 days shall be considered abandoned and shall be donated or discarded as appropriate. The Company shall not bear any responsibility for loss, damage or any related costs resulting from clause 7.7 to 7.9 – having been left in contravention of these Terms & Conditions of berthing.
7.10 The Marina shall not be used for swimming, fishing, fish cleaning, diving, SUP, canoe/kayak or other water contact sports or activities of any kind.
7.11 Any dates and/or times given by the Company for launching, lifting, refuelling, or moving a Vessel, or for providing any other services are given in good faith but are not guaranteed. The Company shall not be held liable for any costs and shall not be required to pay any compensation for any delay or unavailability of service provision.
7.12 No person, other than the Owner and his family members and a listed and bona fide crew member, shall live habitually or permanently aboard any Vessel unless the Owner has obtained the written authorization of the Company for him to do so. Such approval shall be at the sole discretion of the Company.
7.13 Owner’s Responsibility for Records and Contact Details: It is the responsibility of the Owner to keep all records relating to the Berthing Agreement, including but not limited to contact details of the Owner, Duly Authorised Representative, or Captain, up to date. The Owner must notify the Marina in a timely manner of any changes to such details to ensure effective communication and compliance with these Terms and Conditions. Failure to update contact information may result in delays or inability to receive important notices, for which the Company shall bear no liability.
7.14 Restriction on Drone Flights: The flight of drones or any unmanned aerial vehicles or objects is strictly prohibited over the entire area of the Marina without prior written authorisation from the Company. The Marina reserves the right to down any unauthorised drone flying over its territory, confiscate the equipment, and seek compensations for its actions to enforce such restrictions. The Company may also report such incidents to the relevant authorities for further action under applicable laws of the Republic of Cyprus. The Company shall bear no liability for any damage, loss, or legal consequences resulting from the downing or confiscation of unauthorised drones or from any actions taken to enforce this restriction.
8. Data Protection
8.1 The Company processes the personal data of the Owner and/or any other individual of whom personal data is collected and processed by the Company within the context of any activity emanating from the operation of the Berthing Agreement in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April and Law No. 125(I)/2018, as amended and other applicable data protection laws, as amended from time to time. The Company is a “data controller” in respect of the relevant data subject’s personal data. Further information regarding the processing of such personal data is included in the Company’s Privacy Notice which is available at www. limassolmarina.com/privacy-policy.
8.2 The Owner warrants to the Company (i) that the Personal Data given to the Company has been collected (processed) lawfully and (ii) that it has been duly authorised to process the Personal Data.
8.3 The Company and Marina Users shall (i) keep the personal data transferred under this Agreement confidential and not disclose personal data transferred under this Agreement to any person except as permitted and/or envisaged under this Agreement and/or as required under applicable law; and (ii) not use or exploit the personal data transferred under this Agreement in any way, except for the purposes of performing any activity emanating from this Agreement.
9. Vehicles
9.1 Marina Users shall park their vehicles in accordance with the Company’s instructions, and in such a manner that they do not obstruct any working area within the Marina.
9.2 Marina Users may only use parking spaces allocated to the berth occupied by their Vessel, if applicable, and may not use parking spaces allocated to other berths. Common parking spaces are available on a first come first served basis and availability of parking spaces in any area is not guaranteed.
9.3 If a vehicle is to be left unattended at the Marina for more than 24 hours then its owner shall ensure that the keys are deposited with the Company so that the Company can move the vehicle if necessary. In such event, the Company shall bear no responsibility and/or liability for any damage and/or loss and/or cost suffered by the vehicle, resulting from the Company’s actions. The owner for the vehicle shall reimburse the Company for any costs that it may have incurred.
9.4 The Company reserves the right for itself and its contractor to enter a vehicle (by force if necessary), or move it by lifting or towing if it is parked in breach of the above. The Company specifically reserves the right for itself and its contractor to enter a vehicle (by force if necessary) to arrange the deactivation of its audible alarm if this continues to sound for longer than 30 minutes. In such event, the Company shall bear no responsibility or liability for any damage and/or loss and/or cost suffered by the vehicle, resulting from the Company’s actions. The owner for the vehicle shall reimburse the Company for any costs that it may have incurred.
10. Precautions Against Fire
10.1 Marina Users shall take all reasonable precautions against the outbreak of fire. No Hot Work shall be carried out at the Marina without the specific written authorisation of the Company.
10.2 No fuel, gas, pyrotechnic or other highly flammable substance shall be brought into the Marina unless approved in writing by the Company. The Owner shall ensure that if the container is kept aboard his Vessel it is stowed in a seamanlike manner, and in a suitably drained and ventilated place. Gas bottles shall be turned off when not in use. Outlet valves to be directed towards an open area wherever possible.
10.3 The transportation, possession and use of explosive substances within the Marina is strictly prohibited.
10.4 Lead-acid batteries shall only be charged at the Marina if they are housed in a properly ventilated compartment.
10.5 The Owner shall maintain adequate fire fighting equipment aboard his Vessel ready for immediate use in the event of fire. When the Vessel is not occupied at least one suitable, approved fire extinguisher shall be kept clearly visible and readily accessible above decks.
11. Refuelling Services
11.1 Vessels shall not be refuelled anywhere at the Marina except at the fuel berth or other place designated by the Company for the purpose. The fuel station shall be operated by the Company in a manner that minimizes the risk of fire. Fuel suppliers must hold a Work Permit and fuel supply may only be arranged via the Company.
11.2 Requests for refuelling services must be made in advance with information about the quantity and type of fuel, provided.
11.3 The Company will direct the Owner to the relevant fuel pump according to the fuel type requested and will programme the pump for operation. The Owner will proceed with the refuelling of the Vessel on his own Marina Lemesou Street 3014 Limassol, P.O. Box 50160, 3601 Limassol, Cyprus T: (+357) 25 020 020 | info@limassolmarina.com | LIMASSOLMARINA.COM and at his own risk and must ensure full satisfaction, suitability and compatibility of the fuel type and delivery method for his Vessel, prior to fuel delivery. Fuel pumps providing diesel (AGO) are labelled and marked in black colour and fuel pumps providing petrol (unleaded 95) are labelled and marked in green colour. The Company shall monitor refuelling for any health & safety or environmental concerns and implement emergency response procedures in the event of an incident.
11.4 ‘Topping off’ of fuel tanks is strictly prohibited due to the risk of splashback or over-fill and the resulting health & safety/environmental risks.
11.5 Under no circumstances shall the Company be held liable for any incident of wrong refuelling or any other incident related to the usage of the fuel berth/station, and reserves the right to refuse service in the event of any breach of these terms & conditions or identification of any other unacceptable risk.
11.6 Fuel bunker deliveries are subject to minimum order quantity and minimum lead times and are limited to certain berthing areas
12. Precautions Against Pollution & Environmental Responsibility
12.1 Marina Users shall take all reasonable precautions to prevent pollution and shall fully comply with the relevant Laws and Regulations of the Republic of Cyprus. No garbage, toilet effluent, dirty bilge water or other pollutant shall be discharged or thrown overboard, or left anywhere in the Marina. These substances shall be disposed of carefully in the receptacles provided by the Company (and in accordance with any instructions marked on or adjacent to these receptacles), or by their removal from the Marina.
12.2 No fuel, oil, paint, chemical or other potential pollutant shall be brought into the Marina unless approved in writing by the Company. The Owner shall ensure that if the container is kept aboard his Vessel it is stowed in a seamanlike manner and in a suitable drained and ventilated place.
12.3 All Vessels arriving from countries outside of the EU must submit their catering waste to the Marina in accordance with EU Regulation 1069/2009 and Cyprus Law N43(1)2012.
13. Termination
13.1 In the case of force majeure the Company shall have the right to terminate a Berthing Agreement by giving to the Owner such notice as is reasonable in the circumstances. Force majeure will be deemed to apply if at any time the Marina is so badly damaged or affected by any natural or manmade occurrence or intervention, or by any other thing beyond the Company’s reasonable control, such that the Company can no longer provide the Berth and/or its associated services in accordance with the Berthing Agreement.
13.2 In the event of any breach of these Terms and Conditions by the Owner and/or his employees and/ or servants and/or guests and/or Vessel’s crew and/ or Duly Authorised Representative, including but not limited to failure to settle invoices within the 7-day period specified in clause 5.8, the Company shall have the right to terminate an Owner’s Berthing Agreement in accordance with the following procedure: (a) If the Company determines that the breach is serious (including non-payment within the specified timeframe), then the Company may terminate the Berthing Agreement without notice. In such event the Company may, at its absolute discretion, (i) demand that the Owner removes his Vessel from the Marina within 14 days, and/ or (ii) exercise a general or possessory lien upon (or otherwise retain) the Vessel. (b) Otherwise the Company will first serve notice on the Owner, specifying the breach and requiring him to remedy it within 14 days. If the Owner fails to remedy the breach within 14 days, the Company may at any time thereafter serve a further notice on the Owner terminating his Berthing Agreement. Upon termination of the Berthing Agreement the Company may, at its absolute discretion, (i) demand that the Owner removes his Vessel from the Marina within 14 days, and/or (ii) exercise a general or possessory lien upon (or otherwise retain) the Vessel.
13.3 No failure or delay by the Company in exercising any right, power or remedy under this Agreement shall operate as a waiver of that right, power or remedy, nor shall any single or partial exercise by the Company of any such right, power or remedy, preclude any other or further exercise of it or the exercise of any other right, power or remedy. For the avoidance of doubt, any extension of time granted or delay in terminating this Agreement or in exercising any right to claim damages or other remedies by the Company, shall not be deemed to constitute a waiver of any such rights or remedies.
13.4 The Company may exercise, at any time and at its absolute discretion, all and/or any legal right and/or remedy it may have, in accordance to the applicable law.
13.5 If the Company has opted to demand that the Owner removes the Vessel from the Marina, following which the Owner has failed to do so within the provided time, then the Company may, at its absolute discretion: (a) Continue to charge the Owner the Berthing Fees at the applicable daily rate, along with any and all other charges in accordance with the Company’s tariffs, for keeping his Vessel at the Marina and for ongoing provision of services, and/or (b) At the Owner’s risk, move his Vessel out of the Marina and charge the Owner for this move and for any subsequent berthing, storage and other costs properly incurred, and in such event the Company may claim from the Owner the expenses incurred for such move.
13.6 If the Company has opted to exercise a general or possessory lien upon a Vessel, or if a Vessel appears to have been abandoned, then the Company may, at its absolute discretion, dispose of the Vessel as follows (and the Owner shall be deemed to have expressly authorised the Company in writing to appear before any body and/ or authority and/or do any act and/or sign any document in the Owner’s name and on the Owner’s behalf and/ or as his agent and/or proxy so as to give effect to the provisions of this sub-clause 13.6): (a) The Company shall give a notice to the Owner at his known address or at his email address and shall publish a notice in a Cypriot daily newspaper and shall fix a notice to the mast or to some other conspicuous part of the Vessel notifying the Owner of the Company’s intention to dispose of the Vessel at public auction. (b) If the Owner fails to respond, within 14 days of the aforementioned notice, by rectifying the breach and/or by paying all the money he owes to the Company and/ or confirming (if applicable) that the Vessel has not been abandoned, then the Company may sell the Vessel at public auction. (c) The Company shall be entitled to deduct from the sale proceeds of any auction any money owed to the Company as well as any other costs and/or expenses and/or taxes and/or levies properly incurred by any person or entity involved in the public auctions and/or by the Company under these Terms and Conditions and/or under the terms of any other agreement it has with the Owner. The Company shall then account to the Owner for any balance. If any amount still remains due from the Owner to the Company, then the Company reserves the right to take further action to recover the outstanding amount.
13.7 The Owner may terminate his Berthing Agreement at any time, provided he has given to the Company one month’s prior notice in writing and provided he has paid all money owed to the Company.
13.8 Early termination shall not entitle the Owner to a refund or compensation of any kind for the associated Berthing Fees for the period remaining of the Berthing Agreement, unless under exceptional circumstances and at the absolute discretion of the Company.
14. Validity
14.1 The Company, reserves the right, acting reasonably, to amend or add to these Terms and Conditions if it deems it necessary to do so for the safe and efficient operation of the Marina. Such amendments or additions shall become effective 28 days after being publicly displayed on the Company’s notice board at the Marina or provided by email to the Owner or his Duly Authorised Representative.
14.2 Additional Terms and Conditions will be applied to certain facilities and classes of vessels (e.g. for the fuel berth and the technical services facilities, and to fragatini and commercial Vessels).
14.3 Should the Owner fail to sign the Berthing Agreement and/or the Terms & Conditions, the ongoing berthing of their Vessel within the Marina shall be deemed as acceptance of all of these Terms & Conditions in full and that these Terms and Conditions shall be applicable and applied in full.
14.4 On expiry of any Berthing Agreement at the Marina, should the Vessel fail to depart, it shall be accepted that these Terms & Conditions of berthing roll-over and are applicable in full and that all applicable fees and charges shall continue to apply.
14.5 Notice may be served on the Owner in person, or by sending it by recorded delivery or courier service to his last known address (or in the case of a body corporate to its last known registered address), or by fixing it to his Vessel in a prominent position, or by sending an email to the last known email address of the Owner or his Duly Authorised Representative.
14.6 The Term headings are for identification only. Where applicable, words signifying the masculine also include the feminine and words signifying the singular also include the plural.
14.7 These Marina Terms and Conditions shall be construed and interpreted in accordance with the Laws of the Republic of Cyprus. The Marina Users shall fully comply with the relevant Laws and Regulations of the Republic of Cyprus.
14.8 Any dispute arising out of or in connections to these Terms and Conditions and/or the Berthing Agreement, shall be determined by the appropriate Cyprus Courts which shall have exclusive jurisdiction.
