The purpose of these Regulations is to establish the general rules for the management, use and operation of the various elements that make up the entire scope of the Concession contract granted to Club Nàutic Cala Canyelles (hereinafter, the concession holder) for the management of the Cala Canyelles Marina, located in the municipality of Lloret de Mar, without prejudice to any other rules that may also apply, in particular Law 5/1998 of 17 April on Ports of Catalonia, the Port Police Regulations approved by Decree 206/2001, Decree 258/2003 of 21 October approving the Regulations implementing the Ports of Catalonia Law, the conditions and requirements of the concession contract granted, the Internal Rules of Club Nàutic Cala Canyelles, and the rules of the public works concession tender.

They also govern the relationship between the concession holder operating the Port and the users specified in article 2 of these Regulations.

These Regulations apply and are mandatory within the Port Service Area and all other elements and spaces forming part of the concession contract, and they affect:

a) Persons, vehicles and machinery located within the Service Area, whether permanently or occasionally, or using the breakwaters, roads, quays, pontoons, premises, Club house, car parks and any other facility or element thereof.

b) Persons and boats using the inner waters of the Port, the outer waters immediately adjacent to it, the access channel to the various pontoons and quays, the berths and other services afloat or ashore.

c) All users of any of the elements that make up the Port Service Area.

3.1. - The Port Service Area is the area delimited in the Final Acknowledgement Record held by the Directorate-General for Ports, Airports and Coasts of the Government of Catalonia, and it comprises the zones and areas detailed in the plan attached to these Regulations as an annex, in which each of them is identified.

3.2. - The aforementioned zoning plan shows the following zones and areas, marked with the number indicated for each of them:

• Zone I – Breakwater
• Zone II – Access
• Zone III – Berths operated by the concession holder
• Zone IV – Public berths subject to fees
• Zone V – Technical area and slipway
• Zone VI – Offices and Club
• Zone VII – Bar - Restaurant
• Zone VIII – Car parks
• Zone IX – Quays, roads and pontoons

The main purpose of the Port Service Area is its use by sports and leisure boats, including charter boats and tourist cruisers, and in general all complementary uses consistent with the nature of the Port and duly authorised by the Port Management and, where appropriate, by the Port Administration are permitted.

As a general rule, the Marina may only admit boats registered in lists 7 and 6, except for the fishing boats referred to in article 45 of these Regulations.

In the event of emergency or force majeure, boats of other characteristics may occasionally use the Port for the time strictly necessary while that circumstance lasts.

Such a situation of emergency or force majeure shall in no case exempt the boat, its crew and users from complying with these Regulations and other applicable provisions, nor from the obligation to follow the directions and instructions issued by the Management, the Harbour Master or the duty boatman, nor shall it in any case exempt them from paying the applicable fees.

5.1.- The use of the different areas is governed by the rules of these Regulations, in particular:

Zone I.- Breakwater and counter-breakwater.

Access to its outer part is public and free of charge, but entirely at the user’s own risk.

Zone II.- Access.

The access to the Port is shown in the annex. This access is public and free of charge for pedestrians.

The concession holder, through the Port Management, shall establish the opening hours and any access restrictions it deems necessary and appropriate for better control and optimisation of the Port’s operation and the safety of users, facilities and property.

For security reasons, the Port shall be closed from October to May between 7 pm and 9 am, without prejudice to emergencies and to use by fishermen.

Zone III.- Berths operated by the concession holder.

The use of berths shall be governed by the contract entered into between the concession holder and the user.

Zone IV.-

The area of public berths subject to fees is intended for boats in transit and is operated by the concession holder.

Zone V.- Technical area and slipway

The technical area for lifting boats out of the water is intended for hull cleaning, antifouling and minor repairs. There is a slipway, which shall be used in accordance with the provisions of article 46.

Zone VI.- Access to the offices is public, for matters relating to the Port and the Yacht Club. Access to the other Club premises and to the changing rooms is reserved for berth users, other members and Yacht Club staff.

Zone VII.- Access to the Bar - Restaurant shall be public, subject to the same limitations indicated for Zones I and II.

Zone VIII.- Access to and parking in the car parks is subject to prior authorisation for vehicles and always entirely at the user’s own risk.

Zone IX.- Access to the quays and roads is free of charge for pedestrians, and the rules for Zones I and II apply. The pontoons are reserved for users of the berths located on them.

5.2.- All companies that regularly provide services within the managed area must hold the corresponding authorisation document and comply with occupational health and safety regulations.

The authorised company is responsible for any damage that its staff or property may cause.

To be authorised, a company must sign the corresponding contract and submit to the concession holder an insurance policy covering any damage that its staff or property may cause.

5.3 - When a company without authorisation carries out work for a particular boat owner, that owner shall be liable for any damage caused by the staff or property of that company.

6.1. – Permanent.

Those arising from these Regulations which affect, in particular, access to changing rooms and premises not open to the public, and those relating to restricted hours for general pedestrian and vehicle access.

6.2. – Temporary.

The Management and, by delegation, the Harbour Master may, for reasons of safety or operational requirements, establish temporary limitations on the use of certain port elements.

The Port is managed by the concession holder under the concession contract granted to it and through the following bodies:

7.1.- The Club’s Board of Directors

7.2.- The Port Director

7.3.- The Harbour Master

8.1.- The Board of Directors, in addition to the other powers granted to it by the Club’s statutes, is responsible for:

8.1.1.- Holding, through its President, the legal representation of the concession holder.

8.1.2.- Approving the income and expenditure budget and the allocation proposal drawn up by the Port Director for each financial year.

8.1.3.- Appointing and removing the persons who are to hold any office or perform functions within the Port.

8.1.4.- Granting contracts for the assignment of rights of use and terminating them.

8.1.5.- Taking legal action to claim sums owed to the concession holder for the provision of services or for any other reason.

8.1.6.- In short, the senior management and administration of the Port.

8.2.- The Port Director, regardless of any other functions assigned to him as Club Director, is responsible for:

8.2.1.- Directing the Port, its general organisation and the management of all its services.

8.2.2.- Drawing up the expenditure budget and proposing to the Board of Directors its distribution among the holders of berth usage rights in accordance with the allocation criteria laid down in these Regulations; issuing the corresponding invoices and ensuring their collection, as well as the fees payable for port services.

8.2.3.- Command of all the concession holder’s staff.

8.2.4.- The administration of the Marina itself.

8.2.5.- Exercising all powers delegated to him by the Board of Directors and set out in the power of attorney granted to him.

8.2.6.- Regulating and controlling the general movement of boats, their arrivals, departures, anchoring, berthing, mooring and unmooring manoeuvres, and the allocation of berths.

8.3.- The Harbour Master is responsible for:

8.3.1.- Coordinating the work and duties of the boatmen.

8.3.2.- Monitoring the collection of fees from boats in transit.

8.3.3.- Under the Director’s guidelines, allocating berths to boats in transit.

8.3.4.- Controlling the entry of vehicles, boats and persons into the port premises.

8.3.5.- Requiring all Port users, in whatever capacity, to comply with these Regulations and applicable legal provisions, and refusing or suspending services in the cases provided for in these Regulations, reporting any breaches to the Director.

8.3.6.- Checking that the Port is functioning normally; inspecting all facilities, services and property located within its service area.

8.3.7.- Preventing, avoiding and reporting any offences that may be committed in relation to current regulations, reporting his actions to the competent authority.

8.3.8.- Being in charge, under the Director, of all the Port’s boatmen and security staff.

Inspection and surveillance of the Port, with regard to the occupation of the public domain and the works, services and operations carried out there, shall be exercised by the Department of Territorial Policy and Public Works of the Government of Catalonia, through the Directorate-General for Ports and Transport.

With regard to offences and penalties, the provisions on this matter of the Ports of Catalonia Law and the Port Police Regulations of the Government of Catalonia shall apply.

The Cala Canyelles Marina only has a general surveillance service and in no case an individual surveillance service which, being an optional service under article 88 of the Ports of Catalonia Law, is not provided by the concession holder. Therefore, the concession holder and its agents are not liable for any damage, theft or robbery that boats or their accessories and belongings, or vehicles parked within the port premises, or their contents, may suffer. It is the responsibility of their owners to take the necessary security measures to prevent such events and, in particular, to take out insurance covering these risks.

Acceptance of a port service or ownership of a berth usage right implies acceptance of the aforementioned exclusion of liability.

The Port Management may establish a general control, reception and boatmen service with the functions delegated to them by the Port Director or, where appropriate, by the Harbour Master. Where the Board of Directors considers it appropriate, the concession holder may employ licensed security guards, who shall carry out general surveillance duties under the orders of the Port Director, in accordance with private security legislation.

The concession holder has drawn up the Emergency Plan, which is attached as Annex two to these Regulations and has been duly approved by the Directorate-General for Emergencies and Civil Protection of the Government of Catalonia.

Compliance with this Plan is mandatory for all Port users.

The concession holder reserves the right to restrict access to the Port Service Area for persons whose conduct may be inappropriate or disruptive to the normal operation of the Port.

For reasons of safety and optimisation of the Port’s operation, the Director or, where appropriate, the Harbour Master may refuse entry to visitors who obstruct or affect the provision of port services.

15.1. - The concession holder, in accordance with article 11 of these Regulations, is only liable to Port users, members of Club Nàutic Cala Canyelles, pedestrians and other persons for those acts which, under current regulations, are attributable to it or to the staff under its orders.

15.2. - In any case, visitors and users of the Port are admitted to its premises at their own risk. Neither the concession holder nor its agents are liable for any accidents they may suffer, except in the cases mentioned above.

15.3. - As regards liability towards the Administration and the Port Authority, the provisions of the Ports of Catalonia Law and the Port Police Regulations shall apply.

In accordance with article 112 of the Ports of Catalonia Law and article 17 of the Port Police Regulations, anyone who, by act or omission, causes damage to the port public domain shall be obliged to restore it to its previous state, to compensate for the damage caused and, where appropriate, to pay the corresponding coercive fines.

17.1. - Berth holders, other Port users and third parties shall be liable, in accordance with private law, for any damage they may cause through their fault or negligence to the property and rights of the concession holder and to the private property of third parties.

17.2. - Negligence shall be presumed where the conduct has infringed legal or regulatory provisions, or orders and/or instructions of the Board of Directors, the Port Management or the Harbour Master.

17.3. - The concession holder may carry out the repair of the damage caused and charge the cost to the person responsible.

Without prejudice to the penalties and liabilities referred to in the preceding articles of these Regulations, third parties or users of the port services and/or facilities who, by act or omission, through fault or negligence, impair the provision of any port service shall compensate the concession holder or the holders of the service affected for the damage caused.

19.1. - Persons authorised to enter the port premises to carry out any function, task or work, and all other providers of any kind of services within it, in addition to the provisions of article 5 of these Regulations, must comply with occupational risk prevention requirements and be covered by the relevant insurance for workplace accidents, third-party liability and fire, covering the repair of any damage they may cause, as well as losses caused by interruption of services, breakdowns or incorrect operation of the equipment used to provide the service.

19.2. - The Harbour Master is empowered to require the persons mentioned to provide, at any time, documentary proof that their insurance is in force.

19.3. - If the request is not complied with, the Harbour Master is empowered to suspend the activity being carried out.

Owners of boats, vehicles and other property located within the Port, and holders of berth usage rights and other facilities, are liable to the concession holder for debts incurred with it and for any damage caused by their belongings or by third parties who, in any capacity (users, skippers, crew, drivers, employees, tenants, etc.), use the boats, berths, vehicles, lockers or any other facility held by them.

The Port Management is obliged to inform the Port Administration of any incidents relating to the protection and conservation of property and to the provision of the service. To this end, it shall file any reports that may be appropriate and also forward those submitted to it by third parties.

22.1. - For all purposes, notifications and formal requests shall be sent to the address designated by the person concerned when contracting a service. Changes of address shall only take effect if notified in writing and acknowledged by the Management.

22.2. - If the person concerned has disappeared or cannot be located, which shall be understood to be the case when the notification sent is returned by the Post Office, the notification shall take full effect by being posted for fifteen days on the notice board of the Port offices.

22.3 Notifications to users, owners or crews of boats in transit shall be posted on the notice board of the Port offices and/or on the boat itself while moored in the Port.

23.1. - Berths not intended for public use subject to fees may be assigned or transferred, as regards their preferential, non-exclusive right of use, to persons who are members of Club Nàutic Cala Canyelles, or to third parties duly authorised by the Board of Directors, all of them for the term and under the other conditions set out in the contract or title granted by the concession holder; such assignment may be for the entire term of the concession contract as an operating lease.

23.2.- Likewise, holders of rights of use may assign or transfer their right of use to third parties under the conditions laid down in article 24 of these Regulations.

23.3.- Contracts for the assignment of use shall meet the requirements of article 60 of the Ports of Catalonia Law and shall state the type of element over which the preferential right of use is granted, its duration, the obligations and rights of the acquirers of the right of use, and a statement that the acquirer accepts these Regulations.

23.4. – The preferential right of use confers on the holder a preferential, non-exclusive right of use over the specified elements, which may be changed according to operational reasons and needs.

During absences, the concession holder is entitled to use the berth or space for visiting boats, without such occupation entitling the holder of the right of use to receive any payment.

The fulfilment of the concession holder’s social purpose shall take priority when deciding the location of each boat, which shall be indicated by the management.

23.5. Assignments of preferential rights of use shall in all cases be operating leases, and pontoons, berths and facilities in general shall be subject to the requirements of celebrations, events and sports competitions organised by the concession holder in pursuit of its plans to promote sport and sailing in general.

23.6.- The clauses of these contracts shall be subject to the prior approval of the port authority.

24.1. Preferential, non-exclusive rights of use may be transferred between private individuals, but always with the prior authorisation of the concession holder, which shall oversee the process in order to ensure its legality and the contracting of services by the new user, and shall require any pre-emption or transfer rights that have been agreed; ownership of the berth shall always remain an asset of the club.

24.2. The assignment of a right of use may be permanent, temporary or occasional.

24.2.1. It is permanent when the assignment covers the entire term of the concession contract, the preferential right of use having to be returned to the concession holder, in any case, before the end of the concession.

24.2.2. Temporary assignments are those of more than one week and less than the duration of the concession contract. One-off or occasional assignments are those of less than one week.

24.3.- The use of berths by visiting boats is an assignment for a maximum period of one week, which may only be made by the concession holder and is governed by the conditions of use laid down in articles 42, 43 and 44 of these Regulations.

24.5.- Holders of a preferential right of use over any port element included in the port service area may assign or transfer it temporarily to third parties.

24.6 For the assignment or transfer to be effective vis-à-vis the concession holder, the following conditions must be met:

a) The assignor must be up to date with payment of any financial obligations owed to the concession holder.

b) The acquirer must be subrogated to the rights and obligations of the title being assigned / transferred.

c) The concession holder must have been notified in advance of the assignment and its price, so that the Club may, where appropriate, exercise its right of pre-emption within 30 days of notification of the transfer, stating the names and details of the assignor and acquirer and the transfer price.

d) The assignor must have paid the concession holder the established transfer fees.

24.7. Transfers or assignments between third parties shall follow the price criteria recommended by the concession holder, which shall take market criteria into account, and the concession holder may maintain lists of persons interested in acquisitions and transfers.

24.8 In the case of temporary, occasional or one-off assignments, the Port may not in any case charge any amount for such use. In the case of temporary assignments, the holder of the right of use must notify the concession holder in writing of the identity of the user and the authorised boat, the assigning holder expressly assuming liability for any acts of the authorised person.

25.1.- The concession holder shall keep a Register of holders of rights of use.

Prior registration in the Register shall be essential in order to acquire the rights conferred by ownership; if this requirement is not met, the respective holders may not take possession of the right of use, assign ownership or use it.

Registration may only be carried out once all the requirements and rules laid down in these Regulations have been met.

All transfers must be made through the administrative services of the concession holder and with its approval, in order to guarantee control and security of transfers, which shall be evidenced by their entry in the Port’s register of assignments of preferential rights of use.

25.2. Holders of rights of use within the Port may form associations to represent their interests.

In any case, participation in such associations shall always be entirely voluntary for holders of rights of use within the Port, and shall in no case entail involvement in the governance, management and direction of the port facility, which are expressly reserved to the concession holder, nor in the management of Club Nàutic Cala Canyelles, which is governed by its statutes.

25.3. Personal data held by the concession holder shall be processed in accordance with current legislation on document management, personal data protection and the information society.

In addition to the general grounds set out in the Ports Law, the Port Police Regulations and those stated in the berth title itself, and the expiry of the assignment period, the concession holder may consider the contract terminated on any of the following grounds:

26.1. - Failure to pay periodic fees or other amounts due for a period of 6 months.

26.2.- Repeated breach of the obligations laid down in the berth title, in these Regulations and in other applicable rules.

27.1. - In the two preceding cases, the concession holder shall require the berth holder, in writing and in a verifiable manner, to regularise his situation within twenty days of notification, by paying the amounts owed or remedying the breach or non-use attributed to him.

If the request is not complied with, the concession holder may choose between seeking enforcement of the obligation through the courts and, where appropriate, administrative channels, or considering the contract for the assignment of the right of use terminated.

27.2. - In the event of termination for failure to pay part of the assignment price, the provisions of the assignment title shall apply.

27.3. - In any of these cases, once the request has been made and the period granted has elapsed, as provided in the first paragraph of this article, the concession holder, whether it opts to terminate the contract or to seek enforcement through the courts, is entitled to suspend the service in accordance with, and with the effects provided for in, article 31 of these Regulations.

27.4 Termination of the contract shall entail the obligation to leave the space to which the right of use applied completely free, empty and at the disposal of the concession holder, and the loss of all sums paid.

27.5. Termination of the contract for the assignment of the right of use shall not give rise to any compensation.

They shall be used in accordance with article 5 of these Regulations, subject to the limitations of use referred to in that article.

29.1.- Visitors are prohibited from entering areas that the concession holder has designated as exclusive and reserved for itself or assigned to third parties.

29.2.- Persons carrying out a professional activity or work within the port facilities must first prove that they are qualified to carry out the intended activity, that their workers are properly registered in accordance with labour and tax legislation, and that they hold third-party liability, damage and fire insurance for an amount covering the damage they may cause, as estimated at the discretion of the Management.

Otherwise, the Management may order the immediate suspension of the activity until compliance with labour and tax regulations and the taking out of appropriate insurance has been proven.

However, given the nature of the Port and the risk of pollution, it is strictly prohibited to carry out maintenance or repair work on boats within the Port premises without first having obtained, in a verifiable manner, the express authorisation of the Port Management, which may grant it subject to compliance with the rules and conditions laid down by the concession holder according to the nature of the work to be carried out.

The port facilities shall always be used in accordance with the Ports of Catalonia Law, its Port Police Regulations, these Regulations and the instructions of the Management and the Harbour Master, and always subject to payment, where applicable, of the established prices and fees.

All users are obliged to follow the instructions and directions of the Port Administration, the concession holder, the Port Management, its delegated agents and all other Port staff.

Holders of lease contracts for a port element are obliged to pay, according to their participation shares, the proportional part of the property tax (IBI), the concession fee, maintenance and upkeep fees, and other amounts due under the annual budget approved by the concession holder and those determined in the Land Registry.

The provision of services shall require payment of the fees set annually by the concession holder, which shall be available to users at the Yacht Club offices.

31.1.- The Management and/or the Harbour Master may suspend the provision of a service, after a written request for the user to rectify the situation within the period set, which shall not be less than twenty calendar days, with a warning that otherwise the service will be suspended immediately, in any of the following cases:

a) If the price of the service has not been paid in accordance with the fees and on time.

b) For failure to pay the amounts resulting from the assessment of damage.

c) In all cases where the user uses the berths, car parks or any other facility in a manner or for purposes other than those established in the regulations or assignment titles, after a warning from the Management and/or the Harbour Master.

d) When the user does not allow staff authorised by the Management to board the boat or enter any other port facility, during working hours or normal hours of contact, in order to inspect its installations.

e) For the user’s negligence in the upkeep of the boat or facilities, in general.

f) If the fees and prices for general expenses have not been paid on time in accordance with these Regulations.

g) For breach of the rules on the use of port facilities set out in the preceding article.

h) For breach of the obligations specifically set out in article 21 of the Port Police Regulations of the Government of Catalonia.

31.2. - In these cases, the Management shall proceed in accordance with article 25 of the aforementioned Port Police Regulations.

31.3. - Suspension of the service allows the Management and/or the Harbour Master to adopt the measures provided for in article 25 of the Port Police Regulations and to initiate proceedings to terminate the right of use.

The following are prohibited throughout the Port premises:

32.1.- Carrying out supply or transfer operations of any type of fuel or oil, bilge emptying or similar operations.

Where strictly necessary, at the discretion of the Port Management, such operations may only be carried out by staff specially authorised by it and under the conditions it establishes.

32.2.- Carrying out maintenance or repair work on boats which, by its nature, may cause accidental spills of liquids or solids on the premises or in the waters of the Port, outside the designated technical area.

32.3. - Smoking during fuel supply or transfer operations.

32.4. - Lighting fires or bonfires or using naked-flame lamps.

32.5. - Collecting shells, gathering shellfish or fishing inside the Port and its entrance.

32.6. - Water-skiing, using jet skis, bathing or swimming in the basins, channels and sea access to the Port. However, powered craft may be allowed in at the permitted speed in order to reach the quays.

32.7.- Carrying out works or alterations without the written authorisation of the Port Management and the Port Administration.

32.8. - Throwing rubble, rubbish, waste liquids, paper, peel and shells, fish remains or materials of any kind, whether polluting or not, either on land or in the water.

Breach of this rule, which particularly affects hygiene and health in the Port, shall entitle the Management to report it to the competent authority. Repeated breaches shall entitle the concession holder to ban the offender from the Port.

In all cases, the Port Management may suspend services and order the removal of the boat from the port premises if it is the cause of the spill and/or pollution.

32.9. - The use of public address systems and music players by private individuals when the sound extends into the port area.

32.10. - Holding meetings, gatherings or celebrations requiring special use of the Port service area without the prior authorisation of the Management, which shall indicate the area where they may take place and the conditions of use.

32.11.- The circulation of fuel supply vehicles.

33.1. - In the case of abandoned boats, vehicles and objects, the procedure laid down in article 28 of the Port Police Regulations of the Government of Catalonia shall be followed.

33.2 - Once the request for a declaration of abandonment has been submitted to the Directorate-General for Ports and Transport of the Government of Catalonia, the Harbour Master is entitled to remove the boat, vehicle or object and move it to any place he considers suitable that does not interfere with the normal activity of the Port.

Pets are allowed to enter and stay within the Port premises provided they are kept on a lead and the applicable sector regulations are respected.

Berths may be for public use subject to fees or for preferential use.

36.1. - Boats may only moor at the berths allocated to them and, during manoeuvres, at the appropriate bollards, and always in a suitable manner to avoid damage to the facilities or other boats, always using the necessary fenders.

They may only moor at berths that correspond to their length and beam. The boat’s length may be at most the same as the berth’s length, while the boat’s beam shall be 10% less than that of the berth, or 15% less for berths with a finger pontoon, so that fenders can be used.

It is the boat owner’s responsibility to provide the mooring lines to the quay, as the concession holder only provides bollards or rings for mooring to the quay, and mooring blocks and/or finger pontoons for bow or stern berths; responsibility for berthing and unberthing manoeuvres lies with the skipper of the boat.

36.2. - Every boat moored in the Port must be kept in a good state of repair, appearance, buoyancy and safety.

36.3 - If the Harbour Master observes that a boat does not meet these conditions, he shall notify its owner or the person responsible and give them 20 days to repair the defects indicated or remove the boat from the Port.

If the deadline passes without this having been done, or if the boat is in danger of sinking or of causing damage to other boats or to the port facilities, in the opinion of the Harbour Master, he shall take the measures necessary to prevent possible damage, at the owner’s expense.

In this case, the Harbour Master is authorised to remove the boat, haul it out and place it ashore without prior notice.

In any case, the cost of lifting it out of the water, refloating it or clearing obstructions, and any other cost incurred as a result of the actions taken, shall be borne by the boat owner and may be claimed in accordance with the applicable regulations.

36.4.- All boats mooring in the Port must be fitted with the appropriate filters and means of preventing the discharge of waste water and bilge water into the Port. Port staff are authorised to seal any outlet on the boat that discharges directly into the sea and to refuse entry to, or not allow the stay in the Port of, boats that do not comply with these preventive measures.

The Port Management may prohibit the stay and mooring of boats with bilge pumps that are not fitted with suitable filters to prevent the discharge of pollutants into the Port, or that do not have holding tanks for grey and black water and the means to empty them.

Boats moored in the Port may only be washed with biodegradable products.

The Harbour Master has the power to order boats to change berths if this is necessary for the proper operation of the Port as a whole, and must duly justify it in each specific case. To this end, he shall give the appropriate instructions to the crew. If the crew cannot be found and it is an emergency, the Harbour Master may carry out the operation himself.

A mere change of berth does not give rise to any right to compensation.

In addition to the general prohibitions set out in article 36 of these Regulations, berth users are prohibited from:

38.1. - Keeping flammable, explosive or dangerous materials on board, except for regulation signal rockets and flares, fuel reserves and the gas bottles essential for on-board supply.

38.2. - Carrying out work or activities on board that are or may be disturbing or dangerous for other users. To this end, such work or activities must be suspended at the justified request of the Management, or adapted to the hours it indicates.

38.3. - Running engines while the boat is moored to the quay or pontoon.

38.4. - Leaving halyards slack so that they can bang against the mast.

38.5. - Using anchors or buoys in the basins, channels or sea access to the Port, except in emergencies.

38.6. - Connecting to the electricity and water supply points with means other than those established by the concession holder.

38.7. - Navigating at more than two knots within the Port premises.

38.8. - Riding jet skis outside the zones and access channels indicated by the Management.

38.9. - Sailing dinghies outside the channels and zones indicated by the Management.

38.10. - Except in the event of engine failure, sailing cruising yachts under sail inside the Port.

Every berth user, whether of a public berth subject to fees or of a stay, in addition to the general obligations and prohibitions set out in Chapter Five of Title I of these Regulations, is obliged to:

39.1. - Obey any order from the Harbour Master.

39.2. - Respect the facilities, whether for public or private use.

39.3. - Be liable, together with the holder of the berth usage right, the boat owner and, where appropriate, the skipper, for any damage caused, bearing the cost of any repairs that may be necessary as a result and of any compensation payable.

39.4. - Exercise due care in the use of the berth and other facilities, keeping them in good condition and proper use.

39.5. - Pay the prices, fees and charges for upkeep, maintenance and management (including the proportional share of the concession fee and property tax), insurance and other general expenses in the manner provided for in these Regulations, and the fees for port services provided or used.

The boat itself, its owner, its skipper and the holder and, where appropriate, the user of the berth usage right are liable for payment of such prices, charges and fees.

39.6. - Take out the third-party liability, personal and boat insurance required in each case by current legislation.

39.7. - Comply at all times with the port and maritime safety rules approved by the competent authority, taking the necessary action within the time limits set to comply with the relevant rules.

39.8. - Notify the Harbour Master when the boat leaves for periods of more than three days, so that the concession holder may use the berth for visiting boats.

40.1. - In addition to the grounds set out in article 31 of these Regulations, the Management may suspend berth services in the event of non-compliance with port and maritime safety rules or with any of the obligations mentioned in the preceding article, whether it is a public berth subject to fees or a berth with a permanently or temporarily assigned right of use.

40.2. - The Management, after a written request to rectify the conduct within 20 days and verifiable notification of the suspension to the holder of the right of use, is authorised to remove the boat from the berth and place it ashore in the area it considers most suitable, or to immobilise it at its own berth.

In this case, any costs incurred, including towing, lifting, transport, hauling out, storage and removal, shall be borne by the holder of the right of use. The concession holder has the right to retain the boat until all outstanding debts and costs incurred have been paid.

41.1. - To have reserved the right to moor at the berth allocated. This right applies to a specific, identified boat owned by the holder. In the event of a change of boat, the Port Management must be notified before it is moored.

The sale of a boat moored in the Port in no case entitles its buyer to use the berth, nor does it imply any right for the new owner, who shall be obliged to remove the boat immediately. Failure to comply with this obligation entitles the concession holder to remove the boat and haul it out, at the expense of its owner, both for the hauling-out costs and for those arising from its storage ashore.

41.2. - To embark and disembark crew, as well as materials, equipment and items needed for navigation.

41.3. - To connect to the general water and electricity supply networks using the equipment approved by the concession holder, after payment of the established general fees and, where applicable, the relevant charges and fees.

41.4. - To use the other port facilities in accordance with these Regulations and the provisions of their title, and subject to payment of the relevant charges and fees.

The area allocated to public berths subject to fees, intended for boats in transit, is shown on the annexed plan.

43.1. - Access to, berthing in and departure from the Port by visiting boats must be requested from the Management by any of the means it has established (fax, Internet, telephone, VHF channel 9, or in person), stating the services required. Once inside the Port, services must be requested as follows:

a) The skipper shall moor provisionally where instructed or, if known and authorised, shall occupy the berth reserved for him.

b) He shall report as soon as possible to the Port office, identify himself and request the service, recording the characteristics of his boat, the length of stay and any other information required. He shall be informed of the regulations, the applicable fees and the length of stay that can be accepted, and shall sign the corresponding request form, which shall constitute a service contract binding on both parties.

c) The Management may require a deposit equivalent to the cost of the services requested, which must be paid before occupying the berth assigned or using the service requested.

d) Likewise, it may, before authorising the berth or at any time during the stay in the Port, inspect the condition of the boat and, in particular, everything relating to the environmental protection measures laid down in these Regulations, and may refuse or suspend the service, requiring the boat to leave the Port waters immediately if it does not comply with the Port’s provisions and regulations.

e) For night arrivals, the duty boatman may require the skipper to hand over the boat’s crew list or another guarantee, which shall be returned the following day at the Port offices.

f) Before departure, the skipper must inform the Harbour Master or the Port office of his departure time, which shall always be before 12 noon on the day of departure, and pay for the services received.

43.2. - Where the applicant is not authorised to remain in the Port or does not respect the conditions set in the authorisation granted, he must leave the Port waters.

43.3. - Any boat that has remained in the Port, even if its entry has not been authorised, may not leave it without having paid in full the fees for the services used during its stay.

43.4. - Refusal to pay the fees indicated in full shall entitle the concession holder to retain the boat and suspend services, with the actions provided for in articles 31 and 40 of these Regulations. To this end, the Management may request the assistance of the security forces.

The Harbour Master may refuse entry and the provision of the service in the following cases:

a) When the person or entity requesting the service refuses to sign the aforementioned request form.

b) If the boat does not meet the regulatory safety conditions, in the opinion of the Harbour Master.

c) When the person or entity requesting the service cannot prove that they hold valid third-party liability insurance covering any damage they may cause to other boats or to the port facilities, or with the coverage generally set by the concession holder for boats of the corresponding category.

Club Nàutic Cala Canyelles has an agreement with the Lloret de Mar Fishermen’s Guild under which it reserves a maximum of seven berths for active professional fishing boats.

The guild designates the boats that are to moor at the reserved places at any given time, which shall be allocated by the Port Management according to the boats and their fishing needs and methods.

The fishing professionals designated by the guild are responsible for complying with fisheries regulations, in particular those on the first sale of fresh fish, the authorised size, weight and species for catches, and environmental regulations.

The fishermen designated by the guild and their crews are responsible for ensuring the safety and cleanliness of the facilities they use. It is prohibited to leave fishing gear and nets on the quays.

The Port of Cala Canyelles has a technical area for lifting and mooring boats with a gross tonnage of less than 5 tonnes, intended for hull cleaning, antifouling and minor repairs, and a slipway.

Port users who wish to use this service must inform the Harbour Master sufficiently in advance in order to arrange a time for the service.

Boats in danger of sinking shall have priority for lifting.

The Harbour Master shall set the time for the operations, indicating the day and approximate time; at that time, the applicant must have the boat ready for the operation. If the Harbour Master considers it advisable to group several operations together to make better use of the machinery and staff, the applicant shall have no right to claim for the time taken to provide the service.

Applicants must pay a deposit equal to the cost of lifting the boat out or launching it, calculated according to the fees and charges based on the boat’s length and tonnage. The deposit shall be returned to the applicant after deducting the amount charged by the concession holder for the services provided.

47.1. - Access, circulation and parking of vehicles must take place in the areas designated for this purpose and is restricted to authorised vehicles, which must clearly display the corresponding authorisation. Vehicles must at all times comply with road traffic legislation and related regulations and must never exceed a speed of 20 kilometres per hour.

47.2. - The Harbour Master is entitled to refuse access to vehicles which, due to their condition or characteristics, may pose a danger to the Port.

Entry into the Port of any vehicle carrying fuel or explosive or dangerous materials without due authorisation is prohibited.

48.1. - The concession holder does not accept vehicles within the Port premises on a custody basis and only authorises, upon payment of the relevant fee, the occupation of a specific space in the designated areas. Therefore, no liability is accepted for damage, theft or robbery of parked vehicles, their accessories or property left inside them.

48.2. - The Harbour Master is entitled to have vehicles removed if they are parked outside the marked areas and obstruct traffic within the Port premises, and in all cases where the position of a vehicle hinders maritime assistance to boats or causes serious harm.

48.3. - If the vehicle is removed and the municipal tow truck is not used under article 23.4 of the Port Police Regulations of the Government of Catalonia, it shall be placed in an area set aside for this purpose within the Port area; the owner or user of the vehicle must pay any costs incurred before taking it away.

From October to May, spaces shall be set aside in the vehicle parking area for the winter storage of small boats.

Boats shall be stored over winter on trailers and under the safety conditions indicated by the Harbour Master.

50.1. - Discharges or spills of industrial waste, oils, grease, bilge water and other pollutants must be made exclusively into the containers specially provided by the concession holder for this purpose.

It is prohibited to discharge water containing oils, hydrocarbons, suspended matter, plastics or any other polluting substance or product, and to throw soil, rubbish, waste, fishing remains, rubble or any other material, as well as the products resulting from cleaning boats’ bilges.

Natural or legal persons causing discharges or spills shall be liable for the cleaning and repair costs, as well as for any penalties that may arise in accordance with the offences established in Law 5/98 on Ports of Catalonia.

The concession holder is entitled to order the appropriate cleaning and repair work and to charge the cost to the person responsible.

50.2 - Environmental incidents caused by negligence, lack of preventive measures or breach of current regulations entitle the Harbour Master to suspend the activity within the Port of the company, boat or person responsible and, in serious or repeated cases, to terminate the assignment of the preferential right of use.

50.3. - Rubbish and waste generated by users shall likewise be collected using the containers specifically provided by the Port.

50.4 - Boats must comply with the requirement laid down in article 36.4 and respect the prohibitions set out in article 38, both of these Regulations.

The use of a port service, or the mere ownership of a preferential right of use over any port element, even if it is not used, shall give rise in favour of the concession holder to the corresponding fee and the right to be reimbursed for the general expenses it has borne.

Individual services, such as berths in the public area subject to fees, towing, bus services, vehicle entry and parking, use of port spaces and other similar services, shall give rise to the corresponding fee.

The amount of the fees shall be approved and set by the concession holder, which shall notify them to the Directorate-General for Ports, Airports and Coasts, and they shall be duly displayed on the notice board of the port offices.

They shall apply immediately from the date the new fee is notified to the Port Authority.

For each financial year, the concession holder shall approve the budget for general expenses attributable to the Port, which shall include the concession fees, property tax (IBI) not passed on to specific elements, salaries, cost of supplies, rubbish collection, repairs and maintenance, administration costs, insurance, improvement and maintenance works, replacement fund and all others directly attributable to the operation of the Port.

These Regulations shall be binding on all users and shall be accepted by all holders of preferential berth usage rights. They shall also be available to them and other Port users at the Port offices and shall be permanently displayed on the office notice board.

The concession holder reserves the right to amend these Operating and Port Police Regulations, subject to prior authorisation by the port authority, adapting them at any time to operational conditions and needs and giving them due publicity.