Internal Regulation

of 21st April 2023

General provisions

The registered office of the Private Company 'Mercator Marina', hereinafter M.M. is located at 8400 Ostend, Sir Winston Churchillkaai 1.
The Port Office is located at Sir Winston Churchillkaai 1, 8400 Ostend.
The Mercator Marina in Ostend is, as concession holder, managed and operated by the M.M.. The Board of Directors (hereinafter referred to as the Board of Directors) has the following authorities for the performance of this task, among others:
1. Laying down the rules for renting out or in any other way giving the marina or parts of it into use;
2. Designating those to whom the marina or parts of it are rented out or given to be used in any other way;
3. Determining the rates for this.
The working language of the M.M. is Dutch.
This Internal Regulation (hereinafter referred to as the Regulation) describes the facilities that the M.M. provides to its tenants and describes the obligations to which the tenants are obliged to submit in order to better contribute to the good and social functioning of the Mercator Marina.
The form and purpose of the BV are determined in the articles of association of which these regulations are the supplement.
The board of directors reserves the right to make any necessary or useful amendments to these Regulations;
Any case not provided for by these regulations will be settled by the Board of directors.
If these Regulations are not signed, at the latest one month after the Regulations come into force or the start date of a contract, the M.M. reserves the right to terminate the contract immediately.
Being a tenant implies knowledge, acceptance and strict compliance with these Regulations. The tenants will inform visitors or invitees of the content of these Regulations and their mandatory acceptance.
The regulations are available for inspection on the website www.mercatormarina.be.

1 Berths

A Berth is a place designated by the M.M. in the water designated as such, whether or not supplemented by a site or part thereof present on the shore, which is intended for the temporary or permanent mooring of a Vessel suitable for residential, commercial or recreational purposes. Whether the raft is suitable for residential, commercial or recreational purposes. After this, both 'raft' and 'Vessel' come under the title of 'Vessel’.
Requests to rent Berths are handled by the Harbour Master.
The Harbour Master assesses the applications subject to the right to accept or reject them, without undertaking to state a reason.
Only the Harbour Master is authorised to allocate Berths. That is why people must fully comply with the guidelines of the Harbour Master.
Renting a Berth gives the lessee the title of Berth Holder. Only the owner of the Vessel can claim the title of Berth Holder.
Under no circumstances can berths be changed without the express permission of the Harbour Master. A Berth Holder or Vessel cannot claim a specific Berth.
A Berth is always assigned to the Vessel and not to the Berth Holder. Vessels must be able to be moved at any request and this for, among other things, repair works or events in the Mercator marina. If a Vessel is not moved by the proposed dates, the M.M. reserves the right to move the Vessel itself at the expense and risk of the Berth Holder.
A Vessel must be moored at the cleats and bollards provided for this purpose. This with mooring lines in perfect condition as well as with a diameter adapted to the Vessel. If a situation arises with a risk of damage to third parties or to the installations of the Mercator Marina, the Harbour Master can take the required measures. The costs for this will be recovered from the Berth Holder.
A Vessel must be provided with sufficient fenders in good condition and of the correct dimensions. The fenders serve to protect the Vessel, third parties and the installations of the Mercator Marina against damage. If it appears that a fender does not provide sufficient protection, the Mooring Holder must immediately replace it. The installation of fenders on the installations of the Mercator Marina, both temporary and permanent, is prohibited. The use of car and other tires is prohibited.
Berth holders who sail for several days must report the dates of departure and return to the Harbour Master. The vacated Berth can always be used by the M.M. temporarily assigned to other Berth Holders, without this giving rise to a right to a refund.
Each request to rent a Berth will be accompanied by:
1. Regulation signed for agreement;
2. A valid registration letter;
3. A recent photograph of the Vessel (the photograph must not date more than one week before the date of the application);
4. A copy of the front and back of the identity card;
5. A copy of a valid Vessel insurance covering Civil Liability;
6. If the owner of the Vessel is a company, a copy of the articles of association of the company and a copy of the identity card(s) of the director(s) or business manager(s) must also be submitted.
When a Vessel is sold, all acquired rights of the previous owner lapse.
The new owner can submit an application to rent a Berth. The seller will inform the prospective buyer of this. After the sale of a Vessel, the Harbour Master must be informed in writing within 3 days of the name, address and telephone number of the new owner.
A Berth Holder must inform the Harbour Master in writing within 30 days of registration if his address or other personal details change. Once a year, an information sheet is submitted to each Berth Holder for verification and correction. By signing this information sheet, the member gives permission to the M.M. to keep his personal data for his own use, in accordance with the GDPR guidelines as published on the website of the M.M..

2 Liability and insurances

The liability of the M.M. or of its employees can never be invoked, except in case of proven serious misconduct. The following provisions apply by way of example and are therefore not restricted:
1. Berth holders, visitors and guests stay and act in the Mercator Marina and the grounds, sheds and premises at their own responsibility and risk.
2. It is the individual responsibility of Berth Holders, visitors and guests to insure themselves and their belongings for damage they could cause to third parties as well as for their own damage.
3. Vessels, vehicles, equipment or other goods are kept in the Mercator Marina and on the grounds and in the sheds or premises of the M.M. under the responsibility of the owner.
4. When using installations and/or material from the M.M. by Berth holders, visitors or invitees, the good condition must be examined by the user in advance. These goods come under his/her care and custody, the user bears the responsibility for this, also in the event of material or physical damage to himself or to third parties.
5. Any act on or treatment of Vessels, vehicles, equipment or other goods by the M.M. employees or third parties appointed for this purpose, is always the responsibility of the owner, even if he is not present.
6. Berth holders, visitors and guests can never hold the M.M. liable for inconvenience, nuisance or loss of enjoyment when infrastructure, installations, material and/or equipment cannot be used.
7. Passing through the Mercator lock, mooring a Vessel in the Mercator Marina or any other movement is always the responsibility of the owner who must always have sufficient crew to secure the yacht in case of emergency. The M.M. nor its employees can be held liable for any accident, damage or theft. Each Berth Holder waives any recourse for any damage whatsoever against the M.M. and/or its appointee, even if caused by gross negligence on the part of the M.M. or his appointee.
In the event of a dispute under the Articles of Association, these Regulations or any other agreement, only the courts in Bruges are competent.

3 Marina facilities

3.1 Electricity

If one wishes to use electricity, a written statement must be signed in advance at the Port Office.
An individual plug with a counter is assigned by the Harbour Master. It is strictly forbidden to change plug without obtaining prior written permission from the Harbour Master.
The rate for electricity is as follows:
1. For passers-by: included in the daily rate:
  1. During the winter season from 15/11 to 15/04, the rate per kWh applicable when the invoice is drawn up will be charged;
  2. The rest of the year the price is included in the visitor's fee.
2. For the Berth Holder:
  1. The effective consumption (kWh) multiplied by the rate per kWh that applies when the invoice is drawn up. A minimum of €10 will always be invoiced.
The Berth Holder can request an interim status from the Harbour Master and, if desired, an invoice for this.
It is recommended to provide a lock for the designated plug. Brackets can be obtained from the Port Office. A deposit of 10 euros is charged for the bracket.
The bracket remains the property of the M.M. at all times. In case of loss and/or theft of the bracket, the deposit of 10 euros will be withheld. When a contract expires or when you leave the Mercator Marina, the bracket must be returned to the Port Office.
When leaving the Berth for a period longer than 24 hours, the Berth Holder is obliged to remove the lock. If the lock has not been removed, the M.M. the right to remove it itself.
A lock that is in poor condition must be replaced by the Berth Holder (example: rust).
The M.M. reserves the right to immediately deny the Berth Holder access to electricity, without undertaking to state a reason.
Failure to pay outstanding invoices may result in denial of access to electricity.

3.2 Water supply

The water supply is a facility operated by the M.M. and is offered to the Berth Holder free of charge.
The water supply is only made available for domestic use and for necessary minor maintenance. Prolonged hose down or cooling of a Vessel, vehicle or other goods and resources and not shutting off the water supply is strictly prohibited. Berth holders who do not comply with these instructions will have to remove their Vessel from the docks without delay and will no longer be admitted to the Mercator Marina in the future.
The M.M. reserves the right to immediately deny the Berth Holder access to the water supply, without undertaking to state a reason.
The water from the water supply is not drinking water.
During the winter season from 15/11 to 15/04, the water supply in the Mercator Marina will be closed.

3.3 Sanitary facilities

The sanitary facilities are maintained by the M.M. and offered free of charge to the Berth Holder.
The sanitary facilities are located on the sanitary raft on the A jetty, near the Kapellebrug.
Toilets, showers and sinks are available to the Berth Holder on the sanitary raft.
The sanitary raft must be left undamaged and in a complete state of cleanliness. If the user detects damage before using the facilities, this must be reported to the Harbour Master.
The facilities may not be used under any pretext for purposes other than those for which they were created.

3.4 Waste park

The Waste Park is a facility operated by the M.M. and is offered to the Berth Holder free of charge.
The waste park is only intended for residual waste. Depositing glass, cardboard, PMD or any other waste in the containers of the waste park is strictly prohibited.
The Berth Holder may only deposit the residual waste produced on board their Vessel in the containers of the waste park. Depositing household waste in the waste park is strictly prohibited.
The Berth Holder may deposit a maximum of one garbage bag of a maximum of 30 L per week in the waste park.
It is strictly forbidden to leave any waste other than in the containers of the waste park.
To gain access to the waste park, you must use an access card.
The waste park is under camera surveillance.
The camera surveillance of the waste park may be used at all times by the M.M. to check the Berth Holder or third parties for the correct use of its facilities.

3.5 Bicycle storage

The bicycle storage shed is a facility provided by the M.M. and is offered to the Berth Holder free of charge.
The bicycle storage shed is only intended for the TEMPORARY storage of bicycles or scooters.
Only the bicycles or scooters of a Berth holder may be stored here.
Under no circumstances may the bicycle storage shed be used for any purpose other than the storage of bicycles or scooters.
You must use an access card to gain access to the bicycle shed.
The bicycle storage shed is under camera surveillance.
The camera surveillance of the bicycle storage shed may be used at all times by the M.M. to check the Berth Holder or third parties for the correct use of its facilities.

3.6 Access card

To gain access to certain facilities of the M.M. the Berth Holder can obtain an access card at the Port Office. The Berth Holder is then the holder of this access card and is hereinafter referred to as the Holder.
A deposit of €10 is charged for the access card. The deposit will be withheld in the event of loss or theft of the access card.
The access card is in the name of the Holder and of the Vessel. Only the Holder of the access card may use it to gain access to the facilities provided for this purpose.
When the access card is in the Holder's possession, the correct use of the access card is the responsibility of the Holder. All damage resulting from the misuse of the access card is the responsibility of the Holder. The Holder will be responsible for all costs resulting from this.
The access card remains the property of the M.M. at all times..
In the event of loss or theft of the access card, the Holder must inform the M.M. immediately.
The access card must be returned to the Port Office after the contract has expired.
Use of the access card to grant access to the facilities of the M.M. to third parties or use of the access card without the Holder's title may lead to legal prosecution.
The access card can be reclaimed or blocked at any time by the M.M..
The access card can be used by the M.M. to check the Berth Holder for the correct use of the facilities provided for this purpose.

4 Hygienic regulations

No waste may be placed on the walkways or thrown into the water. Nor may oil waste or dirty water be discharged.
Maintenance and painting work outside of the Vessels is expressly prohibited in order to protect the installations of the Mercator Marina against soiling or damage.
Supplying fuel is strictly prohibited in the Mercator Marina.
Taking out engines is strictly prohibited. This should be done on a construction site.
Vessels with pets or other animals on board will have to leave the port immediately and permanently if it appears that these animals damage or soil the installations.
It is forbidden to feed seagulls or other wild animals.
It is prohibited to discharge bilge water and black water into the Mercator Marina.
Flushing and emptying the ship's toilets in the Mercator Marina is prohibited.

5 Prohibitions

People are obliged not to disturb the peace and order in the Mercator Marina and not to offend others through behaviour and conduct.
It is forbidden to use the piers and the jetties as a playing area.
It is forbidden to play boating, swimming, fishing or to practice any other water sport in the Mercator Marina that could be a nuisance to normal shipping.
It is forbidden to bunker without informing the Harbour Master in advance which company is responsible for the bunkering and when the bunkering will take place.
It is forbidden to run generating sets.
It is prohibited to use radio, TV and/or other sound-producing devices between 10:00 PM and 8:00 AM in such a way that they can be heard outside the Vessel.
It is prohibited to sail so fast that this creates annoying waves for others. The maximum speed is 3 knots.
The piers must be optimally accessible, so nothing may be left on the piers (ropes, water hoses, bicycles …).
The Mercator Marina is a private domain, only accessible to Berth Holders and their guests. The Mercator Marina is intended for recreational use. People who show annoying behaviour can be removed from the domain.
It is not permitted to use a Vessel in the Mercator Marina as a domicile.
Houseboats and living on a Vessel are prohibited in the Mercator Marina.
It is prohibited to attach means, goods, fixed installations (such as satellite antennas, bumpers, etc.) or any other object not mentioned to the installations of the Mercator Marina, either temporarily or permanently. Any damage caused as a result of this may lead to compensation payable by the Berth Holder.
It is prohibited to use a Vessel as a rental property for third parties.
Misconduct is prohibited. Misconduct includes, but is not limited to:
1. Granting access to the installations of Mercator Marina and of the M.M. to third parties;
2. Loaning access badges or passing on access codes to third parties;
3. Making one's own Berth available to Third Party Vessels, without permission from the Harbour Master;
4. Not respecting the speed rules in the Mercator Marina or causing annoying waves;
5. Discrediting the M.M. or water sports;
6. Harming the interests of the M.M. or water sports;
7. Failure to comply with the provisions of the articles of association and regulations and/or the decisions of the board of directors;
8. Behaving indecently on M.M. premises, including drunkenness, vandalism;
9. Failure to comply with the instructions of the Harbour Master or his staff;
10. Failure to report self-inflicted damage to installations or other Vessels;
11. Endangering the safety of fellow berth holders or third parties in any way.

6 General regulations

6.1 General

The Berth Holder and/or user hereby grants express permission to M.M. to take (or have taken) all measures necessary for security reasons in the broadest sense of the word and to pay all costs arising therefrom immediately and within 14 days upon simple presentation of proof (notes - invoices).
All current laws, including maritime laws (including patents, registration, etc.…) apply to all Vessels calling at the Mercator Marina. The Berth Owner and crew members of the Vessels must always follow the guidelines given by the Harbour Master.
The Berth Holder or user and all crew members of the Vessel must be medically fit to practice the water sport.
In the event of a violation, the Berth Holder or user of the Vessel will be ordered to leave the Mercator Marina and the Vessel will be permanently denied access. Persons who set sail with a Vessel on loan must present a power of attorney signed by the owner and their identity card in advance.
If a Berth Holder wishes to allow third parties to use his Vessel and accessories, he must personally inform the Harbour Master in advance. Otherwise, access will be denied to the unknown person.
Each Berth Holder must check for himself and on his own responsibility whether his Vessel has been moored in accordance with the rules of the art and bears full liability for this.
The Berth Holders must maintain their Vessel in such a way that it is in perfect condition. If the Vessel is not in perfect condition, is not maintained, causes pollution, or is in such a condition that the Harbour Master judges that it does not belong in the Mercator Marina, the contract can be immediately terminated.
Each Vessel must be able to move under its own power at any request from the Harbour Master or his appointee.

6.2 Flags and pennants

The Berth Holders of the M.M. have the exclusive privilege to hoist the pennant of the M.M. on the Vessel they operate and are obliged to do so.
Each Berth-holder is bound to give all due importance to the correct manner of displaying flags and pennants, as well as to observe the rules of ship etiquette on every occasion.
The Berth Holder can receive a free pennant from the M.M., if the previous pennant is returned and it is in poor condition.

6.3 Other markings

Wearing clothing, ties, buttons, jewellery, badges or carrying the logo of the M.M. are strictly reserved for the Berth Holders, and the staff of the M.M.

6.4 Arranging events and festivities

The authority to organize manifestations and festivities rests exclusively with the board of directors; however, it may transfer its authority.
Without the prior permission of the General Secretary, Berth Holders are prohibited from organizing sports or other events and festivities in the premises, installations of the Mercator Marina and on the water surfaces of the Mercator Marina.

7 Mooring fees and other port dues

All Berth Holders must notify in writing the M.M., no later than 1 month before the expiry of the current lease agreement if they no longer wish to have a Berth for the following year. In the absence of such notice to the M.M. the new rental agreement for the following year is automatically concluded and all provisions of these Regulations apply to that agreement.
If the Berth Holder does not wish to continue the rental agreement, he must leave the Mercator Marina before the end of the current rental agreement. After the expiry of the current rental agreement, the owner will be charged the daily rate for each day that the Vessel remains in the Mercator Marina. The daily rate that applies when leaving the Mercator Marina applies here. Applications for an annual contract will be given priority over applications for a summer or winter contract.
All mooring fees must be paid in advance within fourteen days of the invoice date. The mooring fees are settled on the basis of the LOA (Length Overall). Length Overall (LOA) is the distance between perpendiculars dropped from the most distant points of the Vessel's bow and stern respectively.
Vessels with a commercial registration or flag letter are charged an increased mooring fee. The mooring fees for vessels with a commercial registration or flag letter are determined on a case-by-case basis with a minimum standard increase of 20% of the basic rate. Any other Vessel located in the Mercator Marina that is intended to carry out a commercial activity will receive an exceptional and separate contract with an adjusted mooring fee with a minimum standard increase of 20% of the basic rate (including, but not limited to, Harbour Lodges).
The benefits and privileges belonging to a Berth Holder are only obtained by the Berth Holder after full payment of the mooring fees and, if applicable, the administrative costs.
The Berth Holder remains liable for the total rent, even if he does not use the rented property and the M.M. temporarily rents out this Berth to someone else. If the mooring fees and other contributions due are not paid on the due date, the Berth Holder is deemed to be in default without any summons being required. Any invoice not paid on the due date will be increased automatically and without notice of default being required by a fixed and irreducible compensation of 20% with a minimum of 250 euros. Also, any invoice not paid on the due date will, automatically and without notice of default being required, accrue a conventional interest of 1% per month from the due date until the date of effective and full payment. All collection costs, both judicial and extrajudicial, are for the account of the tenant. In addition, the Board of directors. can suspend the mooring fee. Failure to pay after two registered notices of default (after one month and after two months) at the end of the third month after the invoice date can lead to non-renewal of a contract or to conservatory seizure of the Vessel in the Mercator Marina, as well as to judicial collection and executive seizure of the Vessel. The M.M. is entitled to keep the Vessel of the berth holder in default under his supervision until the amounts due and the invoices paid, with interest and costs, during the period when the right of retention is exercised. When a Vessel is sold, the new owner remains responsible for any outstanding accounts in connection with this vessel to the benefit of the M.M.. He will therefore be refused exit until all accounts have been settled. In this case, the courts competent for the Ostend jurisdiction are authorised to hear the claim.
Vessels based on a daily rate must settle outstanding accounts at the latest one hour before sailing in the sluice complex. Under no circumstances will accounts be settled during the transfer. The daily rate applies per 24 hours from 12 noon.
If the amounts due for electricity of € 250.00 are exceeded, an interim invoice can be drawn up.
The Regulations as well as the rates and prices may be revised during the year. Any change will be communicated one month in advance.
All rates are posted in the Port Office.
The mooring fee paid by the Berth Holder or passer-by is only for a Berth. All other facilities provided by the M.M. offered are not included in the price and the M.M. reserves the right to refuse or deny the Berth Holder or passer-by access and/or use of these facilities.

8 Mercator lock

To gain access to the Mercator lock, when entering and leaving, all Vessels must register in advance with the Harbour Master, preferably on Channel 14 VHF. This also applies to all port movements within the Mercator Marina. Only the Vessels that have registered can gain access to the Mercator lock.
During the winter season from 15/11 to 15/04 there is no permanence in the Port Office. Channel 14 VHF is also not permanently monitored. In order to gain access to the Mercator lock during the winter season, both when entering and leaving, all Vessels must report to the Harbour Master via one of the appropriate communication channels 48 hours prior to the desired locking date and time. Channel 14 VHF is not a suitable communication channel during this period.
During the passage through the Mercator lock, the Vessels remain 'stand-by' on Channel 14 VHF. All communication happens over this channel. Communication can, if possible and practical, take place orally.
The Harbour Master takes note of the name of the Vessel and asks for the LOA, the maximum depth and the width. The Harbour Master will give the Vessel a locking date and time and will specify the order of movement.
If the Vessel does not meet the designated lockout date and time, a new lockout date and time will be designated by the Harbour Master. You cannot claim a specific date or a specific time.
Under no circumstances shall a red traffic signal be passed, unless the Harbour Master decides otherwise.
If the Mercator lock cannot be operated due to bad weather conditions, a shortage of personnel or a breakdown and if there is no longer room at the waiting pontoon, mooring is exceptionally and temporarily allowed in the R.N.S.Y.C.. The Harbour Master of the R.N.S.Y.C. is competent in this case. The Berth Holder or passer-by must immediately report this to both the Harbour Master of the RNSYC and the Harbour Master of the M.M. As soon as the operation of the Mercator lock is possible again, the Berth Holder or passer-by must leave the Berth in the R.N.S.Y.C..
Any use of the pontoons of the R.N.S.Y.C. the costs thereof are exclusively at the expense of the Berth Holder or passer-by.
During locking, the boat owner remains responsible for adjusting the mooring ropes at all times.
The Mercator lock is accessible according to the seasonal schedule that everyone can consult at the Port Office or on the website www.mercatormarina.be. A limited regime of locks may apply in the event of a critical dock level, in periods of low tide, when work is in progress, in the event of a shortage of personnel and/or when the storm regime applies. A restricted regime may apply in the winter season.
A waiting pontoon is provided on the seaward side of the Mercator lock. The use of the outside of this waiting pontoon is free of charge for Vessels of Berth Holders and passers-by coming from the sea who will use the next lock. In all other cases, mooring is payable at the daily rate to the Harbour Master of the M.M..
The above rules for entering and leaving the lock must always be strictly observed. Failing this, a PV is drawn up, which is communicated to the owner concerned, who can formulate his comments on this within 14 days, after which the BoM. can cancel the contract, or deny the user access to the Mercator Marina for a certain period of 7 days to 8 months. In case of cancellation, no refund of mooring fees paid will be made, while unpaid mooring fees for the period concerned can be collected.

9 Disputes

If someone feels that his interests are being affected by a decision of the Harbour Master or his staff, he can lodge an objection with the Board of Directors within one month after this decision has been made known to him.

These Regulations of Mercator Marina BV were unanimously approved and signed by the Board of Directors during the General Meeting that took place on February 28, 2023. These Regulations come into effect on April 21, 2023.

Mr Luc Maes, Chairman	Mr Cédric De Bleye, General Secretary

Mercator Marina BV

Sir Winston Churchillkaai 1, 8400 Ostend

+32 59 70 57 62 │ info@mercatormarina.be │ www.mercatormarina.be

VAT: BE 0864.302.563 │ RPR Gent, div. Ostend • Bank contact: ING Belgium IBAN: BE12 3800 0976 0392 • BIC: BBRU BE BB

(VTI 2314054) Voor eensluidende vertaling NE VARIETUR van Nederlands naar Engels. Geert Vancoillie beëdigd vertaler te Torhout. Certified true translation NE VARIETUR from Dutch into English. Geert Vancoillie, sworn translator in Torhout. Eli202312419/12