Terms And Conditions Live Aboard

LIVE ABOARD TERMS

Pine Harbour Marina hereby grants permission to the applicant named in the schedule, the applicant, to occupy the berth nominated in the schedule for the purpose of Living Aboard.

The Applicant agrees to accept this agreement to occupy the berth nominated in the schedule for the period stated and under the following terms and conditions.

DEFINITION

For the purposes of this clause the expression, live aboard, shall mean sleeping overnight for two consecutive nights or more.

The expression, Marina, wherever used herein includes the Marina waters, the floating structures, fingers and jetties, all Marina foreshore areas, administration and service areas under the control of Pine Harbour

Marina and/or the Marina operator.

APPLICATION

The application to live aboard must be made on the Live aboard Agreement. This is available from the Marina and must be completed by the vessel owner. The application must include all requested details.

ACCEPTANCE

The Marina Manager has absolute discretion to accept an application.

COMMENCEMENT

This agreement commences upon the start date and thereafter remains in effect until terminated by either party giving 28 days written notice to the other.

TIME RESTRICTION

The Marina Manager may impose a restriction in duration of acceptance. Any restriction will be notified at the time of application.

BOND

The Applicant agrees to pay a Bond should Pine Harbour Marina choose to impose such a requirement. Provided that the Applicant has complied with the terms and conditions contained within this agreement, the

bond shall be refunded to the Applicant on the termination of this agreement.

LEVY

The Applicant agrees to pay the Live aboard Levy associated with the berth to Pine Harbour Marina monthly in advance and upon demand by Direct Debit bank authority, at the rate set out in the schedule or as may

be amended from time to time.

Pine Harbour Marina may alter the Levy by giving one month’s written notice. The Levy is intended to cover the additional use of the facilities over and above that expected from a regular recreational berth user. It is

further intended that the levy will cover the managing and policing of such an agreement.

BYLAWS INSTRUCTIONS AND RULES

The Applicant agrees to comply with all the obligations of the Pine Harbour Marina Berth License and Marina rules, a copy of which is available for inspection by the Applicant.

RULES

The Pine Harbour Marina shall be at liberty at any time to require the Applicant to vacate the Berth either on a temporary or on a permanent basis, and to take up another berth within the marina if there is a berth

available. The Pine Harbour Marina shall not be liable to pay any compensation in respect of such change of the berth. The terms of this agreement shall apply to such a new berth.

The Applicant may not have a pet live on board the vessel at any given time.

The Applicant shall not pollute or permit the pollution of the Marina or discharge into the Marina or its waters any poisonous, noxious, dangerous or offensive substance or things.

Without prejudice to the generality of the preceding provision, the Applicant shall not discharge any sewerage or otherwise empty any latrines into the Marina waters or otherwise dispose of any garbage, oil, fuel or

other material whatsoever in the Marina, except into containers.

The Applicant and all those named in the Application are required to use the on shore facilities that include toilets, showers and clothes washers / dryers. In circumstances where this is inappropriate the person may

make use of on board facilities though the vessel must have proven to the Marina that they have a suitable holding tank, or other mechanism for processing both grey and black waste water. In cases where this is

occurring the vessel must also prove that the holding tank has been pumped clean at the pump out station or the vessel has left the marina to undertake a similar action. The Marina Manger may require applicants to

have an installed sewage holding tank.

Each vessel must be maintained to a high standard. The Marina Manager may not accept a vessel that is regarded as being in poor condition. The vessel must be operational and able to be moved under its own

power at the request of the Marina Manager.

The Applicant shall not permit or allow any property, gear or equipment under the control or direction of the Applicant to be stored on the Marina, including the walkways, fingers or foreshore thereof, without the

express permission of the Pine Harbour Marina management.

Dinghy racks must be used for the storage of dinghy's and bicycles. No dinghy's or tenders are to be stored in the water space of the berth. Dinghy's are to be kept on deck or placed in a marina approved rack.

The Applicant shall not use firefighting equipment supplied by the Pine Harbour Marina for any purpose other than for fighting fires.

The Applicant shall not alter or modify the Berth of adjacent structures without the prior written approval of the Pine Harbour Marina.

No applicant may display or ‘hang out’ laundry or items of clothing at any time.

Visitors are expected to park in the public car park.

The Applicant shall in the use of the Marina comply with all bylaws from time to time applicable thereto, and shall also comply with any special instructions from time to time issued by the Pine Harbour Marina or any

of its agents for the efficient, safe and harmonious use of the Marina and any of its facilities, by any persons entitled thereto.

PINEHARBOUR MARINA NOT TO BE LIABLE

Pine Harbour Marina shall not be liable and accept no responsibility for loss or damage to boats, craft, third party property or persons using the same within the confines of, or near to the Marina, nor for the adequacy

or otherwise of the Marina, or of any Berth, or any other part of the facilities of the marina. Shall not be liable to the Applicant or any person for the loss or damage to property, death or personal injury incurred or

suffered within the marina however the same occurs and whether or not attributable to the acts or defaults of the Pine Harbour marina or its servants, agents, contractors or otherwise howsoever.

APPLICANTS INDEMNITY

The Applicant, in addition, shall indemnify Pine Harbour Marina against any loss, expense, legal liability, claims and costs incurred by the Pine Harbour Marina arising as a result of the Applicants acts or omissions, or

the acts or omissions of others to which the Applicant has contributed, or the acts or omissions of any persons invited into the Marina by the Applicant.

APPLICANT TO INSURE

The Applicant shall at all times keep all boats, crafts and any other property owned or brought into the Marina by the Applicant and / or invitees of the Applicant fully insured whilst within the confines of, or near to the

Marina against loss or damage by fire, explosion, storm, tempest, typhoon, earthquake, accidental damage, burglary and all other usual maritime risks.

DEFAULT

In the event of the Applicant making default in the observance or performance of any obligation on the Applicants part expressed or implied herein, and such default remaining unsatisfied after 7 days from the date of

written notification specifying the default complained of Pine Harbour Marina may thereupon, and without the need for any further notice, forthwith cancel and terminate this agreement, and require that the vessel shall

be removed from the Marina forthwith. Provided that if the default complained of shall be the non-payment of the levy then the provisions of the following clause shall also apply

NEW ZEALAND LAW TO APPLY

The law to which this agreement is subject is New Zealand law.

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