SPECIAL OPERATIONAL REGULATION OF THE TOURISM PORT OF MYTILENE
Scope - Definitions
This Regulation has been drawn up in accordance with the provisions of the General Operational Regulation of Tourist Ports (Joint Ministerial Decision T / 9803 / 5.9.2003, Government Gazette B / 1323) and applies to the land and marine zone of Tourist Port of Mytilene, as follows:
Zone of the Tourist Port of Mytilene
The Zone of Mytilene Tourist Port includes the marine zone intended for the reception and temporary or long-term mooring of yachts and the land zone with commercial and professional areas intended for use by the users and passengers of the Tourist Port. This Special Operational Regulation applies to the marine and land zone.
Siting - Mytilene Tourist Port Management Body
The Mytilene Tourist Port is located on the southeast coast of the island of Lesvos. The Mytilene Tourist Port in question was sited under no. 1911 / 4.10.1995 ministerial decision (B 859) as amended by no. 13652 / 14.10.2011 (ΑΑΠ
283) and 11760 / 5.7.2017 (ΑΑΠ 160) Ministerial Decisions defining conditions for its construction, as shown in no. Λ01 General Layout Coverage Scheme and the Table with the Updated Construction and Coverage Calculation, which form an integral part of the no. 11760 / 5.7.2017 (ΑΑΠ 160) Ministerial Decision.
With the Mytilene Marina Concession / Long-Term Lease Contract dated 3.5.2012, as amended by the Mytilene Marina Concession / Long-Term Lease Contract dated 24.11.2017, signed between the Greek State, "Mytilene Marina S.A. Tourist Port Services” with the distinctive title “MARINA MYTILENE SA”and third party guarantors a. "DUTY FREE SHOPS SOCIETE ANONYME FOR THE EXPLOITATION OF DUTY FREE SHOPS AND INDUSTRIAL, CRAFTSMAN AND TECHNICAL COMPANY S.A." with the distinctive title "FOLLI FOLLIE GROUP" and b. "SETUR SERVIS TURISTIK AS", has been assigned to Marina Mytilene SA which is the Management Body of Mytilene Tourist Port (hereinafter referred to as Management Body).
The geographical coordinates of the entrance of the Tourist Port of Mytilene as shown on the map of the Hydrographic Service of the Hellenic Navy are:
North Width 39 05 ', 919
Eastern Length 26 33 '466
Limits of the land and marine zone of the Tourist Port of Mytilene
The Land area of the port with a total area of 33,960 sq. m. consists of a land area of 27,193 sq.m. plus 2,900 sq.m. embankments and has been sited with the no. 1911 / 4.10.1995 ministerial decision (B 859) as amended by No. 13652 / 14.10.2011 (AAΠ 283) and 11760 / 5.7.2017 (ΑΑΠ
160) ministerial decisions defining the conditions for its construction, as shown in no. Λ01 General Layout Coverage Scheme and the Table with the Updated Construction and Coverage Calculation, which form an integral part of the no. 11760 / 5.7.2017 (ΑΑΠ 160) Ministerial Decision.
The marine zone of the tourist port includes both internal and external port, as shown in no. Λ01 General Layout Coverage Scheme and the Table with the Updated Construction and Coverage Calculation, which form an integral part of the no. 11760 / 5.7.2017 (ΑΑΠ 160) Ministerial Decree, defining seashore and beach boundaries as well as an external marine space defined on either side by an imaginary circle centered at the edges of the land zone of the tourist port and two hundred (200) meters radius.
In this Special Regulation, the term "Lessees or Sublessees" of the Tourist Port (Marina) of Mytilene shall mean the natural or legal persons with whom the Management Body has established a Concession of Agreed Area Contract.
In this Special Regulation, the term "Customers" of the Mytilene Tourist Port, shall mean on the one hand the aforementioned Lessees / Sublessees and on the other hand, natural or legal persons who are the owners, shipowners, agents or masters of any pleasure boats or represent pleasure boats that are already moored or are about to be moored at the Mytilene Tourist Port.
Tourist Port ‘’Users’’ shall mean all natural or legal persons who in any way are recipients of services within the Tourist Port, including visitors.
The "Overall" length of the vessel is its full length as stated by the Competent Authority in the applicable Nationality Document or Certificate of Measurement, plus the maximum length of any movable or immovable components protruding from the bow and / or aft of the vessel (such as beams, sticks, sea-borns, capons platforms). In case of disagreement over the full length, Article 6 par. 5 of this Special Regulation shall apply.
The vessel’s "Mooring Area" is defined by multiplying the total length, as defined in par. 1.6 above, with the vessel’s maximum width.
A "Passing vessel" is one which temporarily moors at the Tourist Port with a mooring agreement that does not exceed twenty-nine (29) days.
Anyone making use of the facilities within the area of the Tourist Port of Mytilene, must comply with the laws and the relevant provisions of Greek and/or international legislation and the rules and terms set out in:
(a)the respective applicable General Operational Regulation of Tourist Ports
(b) this Specific Operational Regulation
(c) the relevant mooring contract that is signed during the vessel’s mooring at the Tourist Port
Services Provided - Facilitations
The Mytilene Tourist Port provides the following services for the facilitation of vessels and other customers- users:
Boat mooring service
Internet Phone Connection
Controlled vehicle traffic
Fire Extinguish and Fire Detection Network
Parking spaces for vehicles
Promenade / leisure areas
Sanitary Spaces (WC Showers)
Supply of equipment
Landscaped space for lifting and hauling boats
Boat Storage Area
The Mytilene Tourist Port has a controlled entrance to incoming vehicles and has well-organized parking spaces in the areas designated by the Management Body for this purpose. The Management Body may vary the general traffic organization plan according to the port's safety and security needs. The Management Body shall not be liable for any damage, or loss during the stay of the vehicles in the parking lots.
Supply of boats moored at the Tourist Port may be made either by any available port fueling facilities and by the competent personnel or by tanker trucks of companies and suppliers provided they have been approved and licensed by the Management Body and have the necessary licenses and strictly comply with all the requirements for operation, safety and pollution prevention of the marine and land zone as defined by their respective national and international regulations and always in an appropriate place designated by the Management Body.
2.4. The Tourist Port has storage facilities which can be used in consultation with the Port Authority. Only non-perishable items, properly packed in wooden or metal containers or other suitable and special packaging, non-flammable and generally non-hazardous materials that are not hazardous to public health and safety are accepted for storage.
In the land zone of the Tourist Port of Mytilene there are all the building facilities and port works for the facilitation of the boat passengers and the visitors, as shown in no. Λ01 General Layout Coverage Scheme and the Table with the Updated Construction and Coverage Calculation, which form an integral part of the no. 11760/5.7.2017 (ΑΑΠ
160) Ministerial Decision. These facilities develop the permitted uses of commercial, administrative and cultural, sports and leisure activities that serve the needs of the tourist port. Provision has been made to facilitate, with mobile ramps, access for persons with reduced mobility.
In addition to the leased business premises, the public land facilities and the marine port facility, may host various activities (commercial, tourist, cultural, recreational, educational, sports, etc.) organized by either the Management Body of the Tourist Port or by third parties to whom the Management Body may grant premises with or without consideration for the exercise of their activities under the present provisions.
The granting of space to third parties for the above purpose takes place by written approval of the Management Body, and the organizer is always responsible for the event.
The conduct of temporary commercial activities by third parties in the open air of the Marina, in accordance with the applicable provisions (for the retail trade of goods or the provision of services), in addition to the above approval of the Management Body, requires the obtaining of the relevant license by the third party granted by the Local Authority and / or legal permits. In any other case, the development of temporary activities in the open air or marine zone of the Mytilene Tourist Port is only subject to the written approval of the Management Body.
Lessees or Sublessees of land spaces are required to have all the necessary permits for the proper operation and exploitation of their space and to comply fully with all relevant market, police and other provisions, and in particular those providing for the cleanliness of premises, good order, public safety, workers etc.
Lessees or Sublessees are required to comply with the General Operational Regulation of Tourist Ports and the Special Operational Regulation of the Tourist Port of Mytilene, which is approved by decision of the Minister of Tourism.
Advertising and promotion of third parties or the holding of private events in the land areas and piers of the Tourist Port shall not be permitted without the prior approval of the Management Body and the conclusion of such agreement.
The Managing Body may conclude agreements with third parties for the allocation of tourist port spaces for advertising purposes.
2.11. Sublessees of land areas are required to obtain prior written approval from the Port Authority for changes in the external appearance of their premises (color change, placement of signs, banners, flags, awnings, etc.).
Lift & Launching
It is forbidden to lift or launch any boat, as well as to clear its reefs, in the land areas of the Mytilene Tourist Port, as well as to use ramps and crane vehicles to lift or launch vessels without the written permission of the Port Management Body and the Port Authority.
Performing Small Scale Maintenance Works
Large-scale maintenance and retrofitting is not permitted on moored boats.
Any small-scale and short-term repair or maintenance work on vessels and / or premises, by personnel, crew or third parties, requires the prior approval of the Mytilene Tourist Port Management Body and the relevant written authorization.
In order to issue the required authorization, the shipowner or the representative or Master or the representative of any third party legally established in the Tourist Port, is required to complete and submit a written application to the Tourist Port Management Body to which he shall report, among others, the nature, type, extent and time of the requested work. He shall also be obliged to take any measures provided for the protection of the environment and safety, for which he shall be fully responsible before and during the performance of any work on bits vessel or premises, in accordance with the applicable provisions and regulations.
The port management body shall specify the hours within which the day-to-day cleaning and minor repairs of buildings or vessels are allowed, as well as the charging of their batteries. This schedule, which must be followed by Tourist Port users, is communicated to them by posting relevant information in the Announcement Board and / or by written notice from the Customer Service department.
In the event of a breach of the above conditions or the arbitrary execution of large-scale work and / or work or repairs performed without the permission of the Management Body and causing damage to the Marina's premises, building or other vessels, or environmental pollution, the Management Body, in addition to the other penalties, has the right to modify the transfer of the vessel arbitrarily operating elsewhere in or out of port, under the conditions of no. 12 of this Regulation and remove the right of entry of vehicles directly or indirectly responsible for arbitrary work.
2.18. Partial or full coverage of their vessels or superstructures shall not be permitted while mooring in the marina without the approval of the Management Body.
Car Entrance - Traffic - Parking
Parking of cars and generally of motor vehicles is permitted only within the premises specially designed and designated for this purpose by the Management Body. Vehicles stay is under the sole responsibility of their owners. Drivers of vehicles parked outside the designated parking space or not complying with the traffic and parking signs and instructions of the personnel of the relevant bodies of the Mytilene Tourist Port Management Body shall be imposed by the Port Authority penalties provided for by the present provisions.
The Management Body may not allow the entrance, parking or circulation within the Tourist Port of Mytilene, of wheeled vehicles (in particular trucks, tankers, buses, etc.) if it considers that its order, safety, smooth operation or existence is disturbed or there is risk of pollution and if the owner or operator of the wheeled vehicle does not fulfill the conditions or fails to comply with his obligations as described in this Regulation.
Private vehicles are not allowed in the Tourist Port when parking is full.
Professional catering, supply, oil and work wheelers enter the Tourist Port provided they have received the relevant written authorization and comply with the predetermined entry times and the Management Body personnel's instructions regarding the parking and transit area of the Mytilene Tourist Port.
In any case, the Management Body may not allow commercial vehicles to enter the Tourist Port when the parking spaces are full for security reasons.
Vessels or trailers may not stay on land at the Mytilene Tourist Port without the permission of the Management Body. Trucks, caravans and other commercial or public-use vehicles may not remain at the ports and other areas of the Tourist Port of Mytilene beyond the time required for loading and unloading of luggage.
The Management Body reserves the right to move / remove a parked vehicle to another port area or outside the establishment when the safe and smooth operation of the port is affected or when the vehicle is abandoned, with no liability for any damage caused during transport. Any transportation costs shall be borne by the vehicle owner.
Owners of wheeled vehicles moving or parked at the Tourist Port premises shall be solely responsible for any damage or loss caused by the vehicle to the Tourist Port equipment or infrastructure or to third parties and shall report any incident directly to the competent authority immediately undertaking the cost of rehabilitation.
Management Body - Management
Organization of the Tourist Port of Mytilene
Mytilene Tourist Port Management Body (Marina Mytilene) is a societe anonyme under the name "Marina Mytilene Société Anonyme Tourist Port Services" with the distinctive title "Marina Mytilene SA".
The management of the Mytilene Tourist Port is exercised by the following organizational bodies:
B. Customer Service Department C. Financial Services Department
D. Technical Support and Maintenance Department E. Port Services Department
The Directorate General has all the responsibilities of administration, organization and supervision of the Mytilene Tourist Port as determined by general or specific decisions of the Board of Directors of Marina Mytilene SA.
The responsibilities of the sub-divisions and their operating procedures are supervised by the Heads of the Departments and are designated by the Directorate-General which is responsible for any review of the processes or competencies for the purpose of improving them. The responsibilities are as follows:
The Customer Service Department is responsible in particular for:
a. the reception, information and communication with the customers and visitors of the Tourist Port.
b. the coordination between departments on issues of concern to customers.
c. maintaining a complete and up-to-date customer record.
d. the supply of equipment and materials of the Tourist Port.
e. Market research and implementation of the marine and land space marketing of the Tourist Port.
The Financial Services Department is responsible in particular for:
a. the overall financial management of the Tourist Port of Mytilene, the accounting of transactions such as bookkeeping, the issuance of invoices and other documents, the collection of allowances and the payment of payments.
b. the management of mooring and leasing contracts and the control and processing of these terms.
c. issues related to payroll and staff and facility insurance. d. drafting and monitoring the budget and the results of the company in accordance with the laws and decisions of Management.
The Technical Support Department is responsible in particular for:
a. the implementation of the program of maintenance of the building and electromechanical (E / M) installations and machinery of the public areas of the Tourist Port of Mytilene and its general facilities and connections.
b. the implementation of repairs and rehabilitation of emergency building and E / M equipment damages in the public areas of the Mytilene Tourist Port, giving priority to security systems. c. maintaining the necessary equipment and spare parts for the maintenance of the premises.
d. overseeing the conservation of the green, the cleanliness of the land and marine space in cooperation with the Port Services Department. e. overseeing and coordinating external repair, maintenance and cleaning services.
f) proposing techno-economic proposals aimed at improving infrastructure and upgrading operational equipment.
The Port Services Department is responsible in particular for:
a. waste deliveries.
b. receiving information on any problems, or damage a boat may have.
c. receiving information from Marina’s personnel, customers or visitors who notice an incident, action or situation that is or may be at risk of explosion, fire or threat to human safety, or cause of damage to a vessel or equipment, to any area of the Tourist Port.
d. the supply of fuel in tankers.
The permanent and temporary staff of the Management Body shall be eight (8) persons employed as follows: one (1) in the Directorate General, two (2) in the Customer Service Department, one (1) in the Financial Services Department and four (4) at the Technical Support and Maintenance Department. The staff of Mytilene Tourist Port is appropriate, specialized and adequate depending on the special conditions of Mytilene Tourist Port, to ensure its smooth operation and service to the port users 24 hours a day.
The number of employees per service may vary according to the decisions of the Directorate General and depending on the seasonal or other needs of the Tourist Port to ensure its smooth operation and service throughout the year.
The Mytilene Tourist Port Authority may outsource specialized services to the Mytilene Tourist Portal's individual services and operations such as indicative maintenance, cleaning, maintenance of electrical and building installations, advertising or any other promotion.
The Management Body may modify the operating chart of the Tourist Port in accordance with the respective decisions of the Board of Directors of Marina Mytilene SA, which shall be forwarded to the competent Department of the Ministry of Tourism for approval of the amendment of this Regulation. In case of any change / amendment in the information of the present, the approval by decision of the Minister of Tourism is required.
Maintenance of Mytilene Tourist Port
The Mytilene Tourist Port Technical Support and Maintenance Department ensures the regular and extraordinary maintenance of the port facilities. All maintenance and repair work is carried out in accordance with the rules of science and art and in a way that minimizes discomfort to port users.
The Mytilene Tourist Port Management Body shall ensure that damage or malfunctioning of port facilities and equipment is repaired as soon as possible.
The Managing Authority shall have no obligation to repair and / or maintain the mooring vessels for which the owners, holders and / or their representatives are solely responsible, in accordance with the terms hereof and the respective mooring contracts.
The Lessees and / or Sublessees of the sites are solely responsible for the repair and / or maintenance of the leased premises of the Tourist Port of Mytilene, in accordance with the terms herein and the respective lease agreements they have drawn up with the Management Body.
Size, Number and Categories of mooring boats
The ports of Mytilene Tourist Port can be used only by professional or private pleasure boats whose length ranges from 5 to 25 meters.
The Mytilene Tourist Port has berths and anchorages of up to 215 vessels in similar positions on the pier and platforms and the land storage of 57 vessels, which may be allocated as follows:
NUMBER OF VESSELS
Over 15.00 M.
The Managing Body reserves the right to reduce the number of berths and to change the standard dimensions of any class of space with a proportional redistribution of spaces to meet the needs of berths per season of the year in conjunction with particular geographical features per boat type (catamaran, wooden, sailing boats, etc.).
The manner and procedure for the disposal of berths shall be the sole responsibility of the Management Body.
Movement during entrance, exit and mooring of boats
Vessels entering or leaving the Mytilene Tourist Port must:
Sail calmly as long as the weather and handling characteristics of the boat allow it.
Communicate on VHF Ch
71 with the Port Control Tower and follow the port manager's instructions.
Sail without creating a nuisance that will disturb the other boats of the Mytilene Tourist Port.
Not exceed the speed of 5 (five) knots in the seaport area of Mytilene Tourist Port.
Not engage in races with other boats in the seaport of Mytilene Tourist Port.
Comply with the provisions of the International Conflict Prevention Regulation and the applicable rules of safe navigation.
In any case, they shall not obstruct the vessels' navigation or circulation routes to or from their berths and shall not overtake any other vessel within the Mytilene Tourist Port entrance.
Not sail perpendicular to the imaginary axis of the entrance of the Mytilene Tourist Port or the access channels to the port, as well as not anchor or remain at the port's entrance and less than 200 meters around the extreme boundary to the open sea of the port facilities of Mytilene Tourist Port.
Not anchor inside the port unless there is a risk that the movements will not be controlled. In this case, the operator of the vessel must immediately report it to the port manager while the operator and owner of the vessel remain fully responsible for any damage that may be caused to the moorings, the costs of repairing them and any costs incurred.
In all cases the vessels attach to safe places and places designated by the competent authorities of the Tourist Port. It shall not be permitted to occupy at any time any mooring post otherwise it shall be considered arbitrary.
Ship mooring right - Disposal of berths
The right to continuous mooring and use of the facilities of the Mytilene Tourist Port have only pleasure boats privately or professionally licensed to carry up to 49 passengers (excluding crew members or other persons serving the needs of the vessel), whether registered in Greek or foreign vessels or boats register.
The owner or user of the vessel (Customer) does not acquire any ownership, seizin or possession right on the particular berth of the vessel.
The owner or user of the vessel (Customer) shall not be entitled to grant even the temporary use of his berth or to exploit it against third parties, with or without consideration. The right to moor is not personal but relates solely to the particular boat for which mooring is sought. The Customer shall not have the right to moor in the same space more than one vessel the ownership, seizin, possession or use of which he has, in any manner whatsoever.
The characteristics of the vessels, property, marine insurance and seagoing are evidenced by the original marine documents of the vessel, which the Customer is required to display both upon arrival at the tourist port and at any request by the Management of the Tourist Port.
In the event of a disagreement on pricing due to a different assessment of the dimensions of the vessel, the Managing Body shall have the right to request the display of the vessel's stability manual or the General Design drawing approved by the Authority or other design drawings proving the overall length of the vessel, as defined in Articles 1.6 and 13.5 of this Regulation in conjunction with the current price list of the Mytilene Tourist Port. If this information is not available, then the Management Body shall, in consultation with the vessel's representative, measure the full length, which shall be recorded in the application and / or the mooring contract. If there is a disagreement, then the Management Body may request that the full length be measured and ascertained by a neutral expert or independent authority at the expense of the vessel's owner.
The right to moor for any boat moored or wishing to moor for more than 29 days in the tourist port shall be valid only after written and unconditional acceptance by the owner or representative of the boat of the terms of the mooring application, the mooring contract, the General Operational Regulation for Tourist Ports and this Special Regulation.
Especially for passing vessels, meaning those which are moored for a period of less than or equal to 29 consecutive (29) days, the right to moor shall apply only after the vessel's owner or representative has accepted in writing and unconditionally the terms of the mooring contractual terms, the General Regulation of Tourist Ports and this Special Regulation. The right to moor on passing vessels expires after the expiry of (29) days of consecutive mooring.
The renewal of the contract may be for a period shorter, equal to or longer than the original. Tacit renewal is not permitted and any stay of the vessel after the expiry of the mooring contract shall not be considered as renewal.
Any mooring contract is automatically dissolved over the time agreed upon unless otherwise provided in the mooring contract. Prior to the expiration of the contract term, the contract is terminated by a complaint filed by the Mytilene Tourist Port Authority against the customer User, in any event of any breach by the Customer of any term of the Mooring Contract, the Special Operating Regulations of the Mytilene Tourist Port or the Tourist Ports General Operational Regulation and shall be notified on a case-by-case basis to the relevant Port Authority in order to obtain knowledge and to impose any penalties provided for by the present provisions.
Also, the mooring contract is terminated only upon written notice of the User Customer and in accordance with the provisions of the lease. This termination produces legal effects only from its legal service to the Mytilene Tourist Port Authority. In this case, the Customer will have to pay all his debts to the Management Body.
The Customer must notify the Mytilene Tourist Port Management in writing of his intention to keep or not the vessel at the Mytilene Tourist Port facility at least thirty (30) days prior to the expiration of the contractual time of mooring. In any case, the Management Body shall retain all rights with regard to the acceptance or not of the request for extension. Any stay of the vessel in the Marina after the expiry of the mooring contract, even without the opposition of the Mytilene Tourist Port Authority, may in any way constitute an extension of the mooring right.
The competent bodies of the Mytilene Tourist Port Authority reserve the right to satisfy or not the request of any interested person for a berth in the tourist port and have the exclusive right to determine the appropriate size, type and destination of the boat anchor at port.
The obligation to provide a berth shall be fulfilled by the Management Body providing any space suitable for the berth / mooring of the boat within the Tourist Port of Mytilene.
The occupation by the vessels of any space other than that indicated by the competent authorities of the Mytilene Tourist Port is considered arbitrary and prohibited.
Where there is no berth at the Tourist Port corresponding to the size of the vessel requesting mooring, the Port Authority may designate the vessel a larger size reserving the right to charge according to the size of the berth, provided the use of the berth is agreed in writing. with the corresponding charge.
In the event that a vessel is absent from its space, this space may be reserved for the temporary mooring of a passing vessel by the Management of the Mytilene Tourist Port unless otherwise provided by the Mooring Contract. The Passing Vessel is obliged to depart in good time prior to the return of the absent vessel provided prior notification of the Mytilene Tourist Port forty-eight (48) hours prior to arrival in accordance with the provisions of Article 6.18.
The Mytilene Tourist Port Authority reserves all right to deny mooring, as well as to discontinue existing berth, by terminating the mooring contract at the fault of the owner or shipowner or its legal representative, and in particular if it is not seaworthy for a continuous period of more than twelve (12) months or is not motorized or in the case of a sailboat without an auxiliary propulsion engine or uninsured or having a transport capacity of more than forty-nine (49) passengers (other than crew members), or it does not have full and valid certificates of its registration flag, and in any other case provided for in both the General and Special Port Operational Regulations, in mooring contract and any other general or special provision of law.
In order to maintain the proper operation of the Mytilene Tourist Port, Customer users or shipowners, masters or legal representatives of the vessels must promptly notify the Customer Service Department within a reasonable period of not less than two (2) hours on the sailing of their boat. In addition, they must notify the Port Services Department ten (10) minutes prior to departure of the vessel, by VHF call, notifying at the same time its scheduled return to the tourist port. Departure of a vessel without informing the competent department of the Management Body or returning a vessel without notice of the competent department of the Management Body at least forty-eight (48) hours prior to arrival shall be deemed to be in breach of the agreed terms and shall constitute a ground for termination of the contract by the Customer’s fault, while the Management Body is not responsible for any inconvenience or delay in service due to the position being assigned to another vessel. The days when a vessel is absent from the tourist port are normally calculated at the expense of its contractual mooring time.
In case of final departure of a vessel
from the Port, Customers or shipowners, masters or legal representatives of the vessels, are required to indicate in due time to the Management Body the exact date of departure and that they no longer wish to be moored at the tourist port by filling in and sending the relevant document to the Customer Service Department. Until the date of the written notice of final departure, the vessel shall be deemed to be moored and shall be liable for the payment of such allowances, required to pay the corresponding documents issued by the Financial Services Department of the Tourist Port.
Clients are obliged to regularly and timely pay all their financial obligations to the Management Body. Departure of a boat from the Mytilene Tourist Port while debts are pending until the day of departure will automatically result in the loss of the boat's right to moor.
Anchoring System - Approach / Stay/ Departure Procedures
Vessels mooring and moving in the seaside area of the Mytilene Tourist Port shall comply with the applicable rules on safe navigation, the provisions of the General Port Regulation concerning the regulation of departure, arrival, mooring, sailing and siding of the General Operating Regulation of Tourist Ports and this Special Regulation regulating in particular these matters.
The competent authorities of the Tourist Port of Mytilene have the right to inspect the way the boat is tied or other handling and may make recommendations or take measures concerning the safe mooring, movement, approach of the boat and generally the proper operation of the Tourist Port of Mytilene, charging the owner of any costs incurred.
Customer users are solely responsible for securing their vessels securely and must ensure that their vessels are always securely fastened in place. The shipowner, legal representative or master is solely responsible for the operations within the seaside area of the Mytilene Tourist Port, being responsible even for slight negligence.
Customers are required to have all equipment (ropes, key chains and slings) required for safe anchoring and fastening and must check the good condition of the fastening equipment and replace it with damage, responsible for any damage, or loss due to non-compliance with these rules. In any case, the personnel of the Mytilene Tourist Port can inspect and replace the fastening equipment at Customer's expense.
The presence of the service boat and the instructions of the competent authorities of the Tourist Port of Mytilene do not relieve the boat captain of his responsibility, both for handling the boat inside the Tourist Port and for anchoring at the berth.
The attachment of the vessel to a specific location of the Mytilene Tourist Port does not entitle the vessel or the shipowner or its legal representative to maintain the vessel at that location. The Management Body may, at its discretion, change the berth and residence of the vessel, in accordance with the needs and within the proper functioning of the Mytilene Tourist Port.
Shipowners or masters of vessels arriving in the seaport area of the Mytilene Tourist Port shall, by any appropriate means, communicate to their competent port authorities the particulars of their vessel for recognition by the port staff and await instructions for its port entrance to port berths.
Any boat wishing to enter the Mytilene Tourist Port must:
a) Complete and submit the application / declaration of mooring with all required information
b) Submit for review copies of the nationality document, insurance policy or insurance certificate as well as any other information requested by the marina such as traffic voucher, legal representation, shipowner legal documents.
c) Await the written authorization of the port and sign the mooring contract before entering. For passing vessels the mooring application / declaration of the vessel's representative constitutes the mooring contract.
With the entry permit, all vessels entering the seaport of the Mytilene Tourist Port are guided to the appropriate position either by the presence or assistance of the service boat, or by receiving instructions from the port VHF Ch 71 station or with appropriate instructions from the competent staff of Mytilene Tourist Port by land.
Immediately after the arrival, the shipowners / masters / captains of the vessels in the tourist port must:
(a) present all the original marine documents of the ship (in particular seaworthiness certificates, nationality certificates, insurance policies, certificates of measurement, etc.) as well as any other documents for the legalization of the shipowner and its owner.
(b) inform the Port Services Department of any waste delivery needs.
(c) inform the Port Services Department of any problems, or damage to the vessel.
The owner or master or legal representative of the moored vessel agrees that by boarding the vessel it is permitted the entrance to the competent personnel of the Mytilene Tourist Port Management Body at any time within 24 hours, in case of danger, emergency or emergency mooring.
Security and Protection Measures
for Boats and Port Users
The Mytilene Tourist Port has the means and takes the appropriate preventive measures for guarding and protecting the vessels as well as the port facilities in accordance with the existing provisions and the measures necessary to prevent and respond to fires, emergencies and accidents, the rescue of persons and property located and moving in its land and sea area.
If, due to danger or emergency, an emergency shifting berth of a vessel is ordered by the relevant Port Authority or Port Management Body, its commander shall immediately comply with the order given. In the event of non-compliance by the owner or the master of the vessel or the owner's failure to respond promptly, the Port Management Body reserves the right to berth it at the expense of the vessel.
The Mytilene Tourist Port site is supervised on a 24-hour basis by the port staff and / or by a private company that fulfills the terms of the existing legislation, which may be entrusted by the Port Management Body to this task. Whole-land security is ensured by the existing fence around the port, the installation of an electronic surveillance system and the installation of security guards at the entrances to control incoming cars. For the purposes of more efficient surveillance, during the evening hours or during periods of reduced traffic, the Management Body may limit the number of vehicles entering the tourist port. The security system and procedures are constantly being improved and adapted to meet the general security requirements of tourist ports.
The Port Authority has the right to place a fence or sections of the port to ensure safety and order in the port area.
The management of the traffic and parking of vehicles in the land port area is indicated by the Management Body. The Management Body shall have the right to modify the provision in order to improve its proper functioning.
For the most effective control of the entry of wheeled vehicles into the Mytilene Tourist Port, the Port Management Body may install at the entrances, at the piers or wherever it deems necessary, a manual or electronic system of controlled passing with bars and charge which remains activated 24 hours a day.
In order to address any fire or other emergencies, the Management Body shall prepare Emergency Plans which shall be submitted to the Port Authority for approval.
Anyone who notices an incident, action or situation that is or may be at risk of explosion, fire or threat to human safety, or cause of boat or equipment destruction, in any area of the Mytilene Tourist Port is obliged:
a. To immediately and in any way notify the Port Authority and the Fire Brigade.
b. To report this immediately to the Tourist Port Body and the Port Services Department.
c. To make use of existing alarm systems.
The connection or interruption of the benefits to the vessels is made only after the Mytilene Tourist Port has been informed and only by its competent personnel.
Anchoring in the sea area of the Mytilene Tourist Port is only permitted in emergency situations at the discretion of the commander / master.
The use of fireworks, flares and other fireworks is not permitted in the land or sea area of the Mytilene Tourist Port without the approval of the Management Body and the Port Authority.
Where a vessel is in a dangerous state due to explosion, fire, leakage, etc and poses an imminent danger to the safety of persons, other vessels or port facilities, the provisions of emergency regulations and the Tourist Port Emergency Plans shall apply. Vessels, commanders and holders must comply with port staff and port authority coordination instructions.
Radar broadcasting as well as radiotelephony and radio telegraphic signals from moored boats or building tenants is prohibited.
Deposition or exposure to objects and materials that are hazardous or flammable within the outdoor and port area of the Mytilene Tourist Port is prohibited.
Customer - User Obligations of Mytilene Tourist Port
Any traders or persons moving in the areas (zones) of the Mytilene Tourist Port must comply with the instructions or orders of the competent bodies and personnel of the Management Body.
The mooring, leasing of land and use of port services by vessels, their crews and / or third parties, and / or Customers shall mean the full and unconditional acceptance of all terms of this Regulation by shipowners and masters and users of the Port's facilities and services, or Customers, who accept and guarantee their compliance, otherwise fully responsible to the Tourist Port and any third parties.
9.3. Should the vessel cause damage to the berths and other facilities of the tourist port (pillars, etc.) or to the adjacent vessels, the owner or shipowner or legal representative of such vessel shall be obliged to immediately remedy such damage.
9.4 The owner, shipowner and master of each vessel shall, at the time of the mooring commencement, but also throughout the duration, maintain the vessel at all times under an insurance policy in force for any damage it and its appurtenances may suffer (engine, H / M equipment, HULL & MACHINERY, etc.), for any risk including fire, natural disaster, etc., civil liability insurance for any damage or loss (death, personal injury, etc.) to persons or things, including marine pollution, by action of the owner, shipowner, master, captain, crew of the vessel and any official or agent of such persons, and any other insurance risk under the legislation.
All insurance and civil liability insurance certificates and their renewals or modifications must be filed by the above persons in a timely manner with the Management Body.
Lack of insurance coverage against insurance risks that must be covered in accordance with the current legislation implies the right of the Management Body to terminate the mooring contract.
9.5. Those who moor a boat at the Tourist Port and do not reside permanently in Greece (whether nationals or foreigners) are obliged to appoint and notify in writing the competent bodies of the Tourist Port Management Body, their legal representative in Greece, by submitting it in writing, with full details of his mailing address and his TIN. They are also obliged to inform about any changes to the above. Vessels that do not fly the Greek flag shall designate a representative responsible for the vessel vis-à-vis the Tourist Port domiciled in Greece.
The terms of insurance apply to the Lessees of the Mytilene Tourist Port's agreed areas as set out in the Mytilene Marina Land Facility Operational Regulation and the corresponding lease agreements.
The Management Body shall not be liable for any loss or damage to any vessel or third party or to the facilities and equipment of the tourist port as a result of events or actions or omissions by the owner of the vessel, the shipowner, the master, crew or employees and their agents. The master or the legal representative of the vessel shall be responsible for any damage caused.
For any change in the details of the vessel or of the representative or the shipowner, the owner, or the representative, or the master of the vessel shall be obliged to inform the Management Body in writing. Vessels that do not fly the Greek flag shall designate a representative responsible for the vessel vis-à-vis the port domiciled in Greece.
Customers (space lessees and boat owners) are required to take all necessary and appropriate measures to strictly observe the quiet hours, to avoid noise pollution in the Mytilene Tourist Port, as well as to disturb the privacy of those moored vessels.
No posting, adhesion, posting of signs, notes or other warnings, tents or flags shall be permitted on any Mytilene Tourist Port facility without the written permission of the Management Body.
Swimming and fishing are not permitted. Diving, jet skiing or windsurfing, as well as water sports (such as water skiing, banana, etc.) are not permitted within the Mytilene Tourist Port. Also, unnecessary use of lifeboats or tenders in the seaport area of the Tourist Port is not permitted. The embarkation / disembarkation of passengers with tenders is permitted only with the authorization of the Management Body and the signing of a relevant agreement.
During their mooring at the Tourist Port, the vessels may not be permanently used as the main residence of their clients or friends nor is allowed to leave guard dogs on board. This provision shall not apply to Passing Vessels.
Pets accompanying Customers while aboard or visiting the tourist port must always be under their control with a special guidance strap, not causing noise and contaminating the Mytilene Tourist Port areas. Pet owners must clean and dispose any waste in the special bins on site. The competent bodies of the Management Body shall reserve the right to request pet owners to remove them from the tourist port at any time, in particular for reasons of hygiene and discomfort to the rest of its customers.
Charging batteries with the operation of boat engines and maintenance and minor repairs are not permitted during quiet hours.
Yacht equipment may not be abandoned at the Mytilene Tourist Port, for example ropes or chains or other equipment for cables, apparatus or other accessory supplies, tool trailers, auxiliary boats, hoses, cables, sails, etc. The Management Body shall not be liable for any loss or damage of the above items and reserves the right to remove the objects immediately at the expense of the owner for any costs of storage, transportation or removal.
Employees, users and visitors of the Mytilene Tourist Port must respect the Road Traffic Code and comply with the Tourist Port Traffic and Parking Signage installed by the Management Body as well as any other notice regarding the good order.
The Management Body shall have the right to prohibit the entry of a vehicle if it considers that the driver does not comply with the signage and relevant instructions of the Tourist Port security personnel and that there is a risk of an accident.
In any case, any custom-made construction on the quays, piers or other areas of the Mytilene Tourist Port is not permitted by Customers, masters or crews of mooring vessels, in particular warehouses for small items, nautical gear, ropes or chains.
No interference, repair, enhancement or alteration of the Mytilene Tourist Port facilities will be permitted by persons not specifically authorized by the Management Body, in particular the use of plugs or ducts for receiving electricity from pillars.
Washing trailers is not allowed in the Mytilene Tourist Port. In the event of non-compliance with the staff's instructions, the Management Body may prohibit the trailer from entering the facility.
Food may not be prepared at outdoor barbecues either on board or in the land areas of the Mytilene Tourist Port unless written permission has been obtained from the Management Body.
No events, performances and gatherings may be held in the public areas or piers of the Tourist Port without the written permission of the Management of the Tourist Port of Mytilene.
Retailers and other merchants are not permitted to enter the Tourist Port of Mytilene and to reside in it without the consent of the Management Body and without the required authorization of the competent authorities.
Antennas or other boat equipment may not be installed on piers or platforms.
No additional anchors or straps shall be installed on the piers without the written permission of the Management Body.
Customers and general users of the Marina are not allowed to emit noises or music intensities above 60 db. Exceptionally, the above mentioned limit may be exceeded in the event of music events being held in the open air of the tourist port subject to the approval of the Management Body and compliance with the provisions of the legislation.
The use of VHF for private communication is not permitted on the Tourist Port channel (Ch 71).
Environmental Protection - Waste Management
Customers of the sea and land area of the Mytilene Tourist Port have an obligation to comply with the environmental protection measures provided for by the legislation and to take particular care to avoid contamination of the sea and coast by oil, oil mixtures or harmful substances or mixes and any waste, sewage and litter.
The Mytilene Tourist Port has an approved Emergency Plan to face marine pollution from oil and other harmful substances, which aims to minimize the impact on the marine environment. The Mytilene Tourist Port also has the necessary equipment for the control of sea pollution (floating barrier, absorbent materials etc.) which are used in accordance with this Plan.
The collection and management of all waste and residues of ships mooring or approaching the tourist port of Mytilene is carried out in accordance with the approved Waste Reception and Management Plan. Charging is also based on the volume of waste and in accordance with the Waste Collection and Management Plan.
Vessels that do not have water storage tanks are not allowed to use and operate in the tourist port toilets, drains, washing machines, washing in kitchens, showers and baths.
Any objects or liquids that may cause pollution or contamination such as e.g. in the marine and land area of the Tourist Port of Mytilene may not be disposed of, e.g. ballast, oil, waste, laundry drains, detergents, etc.
Vessels entering the tourist port are required to inform the competent authorities of the Mytilene Tourist Port on the presence of any waste or sewage and the need to collect it.
During their mooring, boats and rented premises must have their litter in tightly closed trash containers, or in well-secured synthetic bags. In addition, the wasting by vessels of large volume and type of waste that cannot be placed within the Mytilene Tourist Port’s available bins is subject to the corresponding cost of collection.
All users of the Tourist Port whether they are mooring boats or commercial space tenants or ordinary visitors must follow the instructions and markings on the cleanliness of the Tourist Port of Mytilene.
The Management Body shall ensure that the waste is regularly collected as well as the day-to-day cleaning of offshore sites, port facilities and the marine zone of the port.
Unnecessary noise and emissions from the engines of vehicles within the Tourist Port of Mytilene are not allowed.
Unnecessary maneuvering of boats and unnecessary operation of boat engines in their berths shall not be permitted.
In any way causing pollution at the tourist port entails an unconditional obligation to cover (reimbursement) the costs of decontamination by the polluter.
Fuel tankers may be supplied as long as they have the necessary permits, strictly comply with all the operating, safety and pollution requirements of the marine and land space as defined by their respective national and international regulations, have fulfilled any financial obligations to the Management Body and always act in an appropriate place, designated by the Manager of Mytilene Tourist Port Services and Security Department. The Managing Body shall have the right to refuse entry and / or to prohibit the supply of tankers that do not meet the requirements or have failed to fulfill their obligations or if they consider that there is a risk of pollution.
All vessels must comply strictly with the safety and pollution requirements of the land and sea as defined by the respective national and international regulations and by the managing authority of the Mytilene Tourist Port.
Any fuel or waste tanker or freight vehicle or equipment may not enter the premises of the Mytilene Tourist Port without the written approval of the Management Body. The supply of vessels by any other means or manner (private trucks, containers, etc.) is not permitted within the Mytilene Tourist Port area.
Change in the shipowner - Boat replacement
(a) In the event of any change in the ownership status of the vessel (change of owner or change of shipowner) moored at the tourist port, the new owner, if he wishes the vessel remain, shall be required to obtain written approval of the Management Body within 7 calendar days of the change of ownership at the latest. If the Managing Body rejects the application in writing, the vessel is required to depart within 48 hours, otherwise it is presumed to occupy the berth arbitrarily, with all the consequences of arbitrary occupation. If the new owner's application for mooring is admitted and approved by the Management Body, then a new mooring contract is concluded between the Management Body and the owner of the vessel.
(b) The foregoing under (a) shall also apply in any case of a change of corporate form, whether the original owner of the vessel or the holding company is involved, as well as in any case of transfer to a third party of the total or the majority of: (aa) shareholders of a Greek or foreign societe anonyme; (bb) shares in a Greek or foreign limited liability company; and (c) a majority of the shares in personal companies, in a marine company and in any other form of societe anonyme governed by Greek or foreign law, whether or not applicable.
(c) Should the Customer replace a vessel moored at the tourist port with another, the right of mooring shall not be retained, but a new agreement with the Management Body shall be required, who shall be entitled to conclude or refuse without delay the drafting of a new contract for the mooring of the new vessel.
In all the above cases, both the old and the new owner are obliged to inform the competent authorities of the Tourist Port of Mytilene about the change of ownership of the boat, within an exclusive time limit of seven (7) calendar days, providing all necessary documents from which results in a change in the person of the owner, or in the shipowner or in its shareholding or corporate composition. If this does not happen, the new owner will be responsible for paying all due mooring rights.
If, at the date of transfer of the moored vessel, the seller has outstanding debts to the tourist port, the buyer shall be jointly and severally liable to him for the amount due.
Limits of liability
The Management Body shall not be liable for any damage caused to the vessels moored by reason of force majeure or for any loss, theft, damage, partial or total destruction of any moored vessel or object, as well as any body damage or death (including the owner, holder, master, crew member or passenger, customers and users of the Tourist Port), unless due to the fault of its staff.
The Management Body shall maintain a claim for compensation for any positive or consequential damage that may be suffered by any acts or omissions of any person within the Tourist Port which may result in an accident or damage occurring within the Tourist's land or sea area.
Article 12 Vessel shifting berth
If the Management Body deems it necessary, it may require the arrangement of any vessel to be transported elsewhere in or out of port, at sea or on land. Shifting berth or transfer can occur when:
(a) the operation (e.g. safe entrance and exit of a vessel) and exploitation of the Tourist Port is obstructed;
(b) there is a risk of shipwreck or damage to another or other vessels or the risk of pollution;
(c) there has been a fire on this vessel or an adjacent vessel;
(d) there is an arbitrary occupation of a berth; (e) the mooring contract has been terminated by the Management Body due to the fault of the vessel.
If one or more of the above cases apply, the Management Body shall draw up a report communicated to the shipowner, master or legal representative of the vessel and, where appropriate, to the relevant Port Authority designating for the day-to-day transfer of the vessel five days in advance.
Especially in case (b) of par. 12.1 sets a three-day deadline for arranging the shifting berth of the vessel.
Especially in case (c) of par. 12.1 Transportation of the vessel on which a fire has broken out or of an adjacent vessel may be arranged immediately with the approval of the Port Authority.
The above (par. 12.2 and 12.3) minutes shall be communicated (by proof) with the care of the Management Body to the address of the above persons, provided that such information has been reported to the Management Body. If the above information is not known and none of the above is found, the report shall be affixed to a prominent spot on board.
If the Management Body orders the vessel’s shifting, its owner or master or legal representative must comply with this order as soon as possible, while the Port Authority concerned shall act in accordance with the relevant provisions.
If the deadline set in the above minutes is not fulfilled, the Management Body shall proceed with lifting or shifting the vessel.
Should the owner, master or crew attempt to prevent the lifting, shifting or transportation of the vessel, the Port Authority concerned shall take appropriate action in accordance with the provisions of the law.
The Managing Body shall not be responsible for the maintenance of the vessel being transported necessarily as well as shall not be liable for any damage or loss incurred as a result of such arrangement being transferred or staying elsewhere, within or outside the Mytilene Tourist Port.
Where a vessel is in a dangerous state due to explosion, fire, leakage, etc and poses an imminent danger to the safety of persons, other vessels or port facilities, the provisions of emergency regulations and the Mytilene Tourist Port Emergency Plans shall apply.
If the owner or master or legal representative fails to comply with the order of shifting outside or within the port of his vessel(s), the penalties provided for by the provisions in force shall be imposed and the Management Body shall, in consultation with the Port Authority, apply to the forced shifting of the vessel in or out of port under the sole responsibility of the owner, master, agent or other representative. The costs of compulsory transportation shall be borne exclusively by the debtors, not excluded, and any claim for compensation for any damage suffered by the Mytilene Tourist Port Authority.
Mooring Rights and Provision of Services and Facilitations
The mooring rights and all services and services of the Mytilene Tourist Port shall be determined in accordance with the provisions of Article 31a par. 5 of L. 2160/1993, as in force from time to time.
Vessels moored in the seaport area of the Mytilene Tourist Port are obliged to pay duly and in due time the rights of mooring and other services rendered.
The principal or the legal representative of the vessel shall be liable for the payment of the above rights, who shall be jointly and severally liable to the Management Body.
Unless otherwise specified in the Mooring Contract, delay in the payment of mooring rights beyond two (2) months shall be the reason for termination of the Mooring Contract under the fault of the vessel and shall entail the loss of all such rights in the Tourist Port zone provided for by the current provisions,
Article 12 and par. 15.2 hereof. In addition, the Management Body shall be entitled to discontinue all services provided to the vessel and to remove it from the port or to disallow entry without any claim by the vessel owner for any compensation whatsoever.
The mooring fees are determined based on the vessel's Length Overall (LOA) and the vessel's mooring area.
Particularly for vessels with a berth larger than their size, the provisions of par. 6.15 shall apply.
Days of absence of vessels from the port are included in their agreed charge for the corresponding time of stay, in order for the vessels to retain the right to moor at the port. Charging of vessels shall be suspended only if the Management Body notifies in writing the owner or commander of the vessel that it does not wish to retain the right to moor and on the date of submission of the above written notice.
Boats (pontoons or other floats) of the mooring boats are not allowed in the marine or land area of the Mytilene Tourist Port without the written permission of the Management Body and in any case are charged like other boats.
Boat mooring at the tourist port for a few hours is subject to daily boat mooring rights.
Side mooring invoice
Vessel side mooring shall only take place after approval by the Management Body and shall be invoiced in accordance with the applicable pricelist.
For other services provided (water, electricity, telephone, sewage collection, etc.) users are required to pay the corresponding allowances in accordance with the applicable price list. For any additional services not listed in the pricelist (e.g. tendering, brokerage, towing, parking, etc services), the Management Body has the right to determine the invoice the user must accept before providing service.
A guarantee shall be paid for the safe observance of the terms of the General and Special Regulations of the Mytilene Tourist Port as well as the terms of the vessel's mooring contract, the amount of which shall be determined by the mooring contract.
13.13. The Tourist Port Authority may freely determine, modify and adjust the port invoices for the right of mooring, the services and facilitations provided by the tourist port, as well as all amounts and percentages referred to above in accordance with the relevant legislation.
Fishing Boats Seaplanes and other ships
Professional or amateur fishing boats may not be moored in the seaside area of the Mytilene Tourist Port.
The movement of merchandise by seaplanes or merchant ships or cruise ships is generally prohibited within the Mytilene Tourist Port area.
Helicopters cannot be landed without the written permission of the Management Body.
Violation of the Terms - Penalties
The mooring vessels shall pay the mooring rights as well as the rights of other services and services provided within the deadline and in accordance with the Special Operations Regulation and the mooring contract, otherwise they will be liable for any legal interest and subject to any sanctions provided for by the legislation in force.
For each day of the vessel's arbitrary stay at the Mytilene Tourist Port, and in particular beyond the expiration date of the mooring contract without its renewal, the owner / commander of the vessel shall pay compensation to the Management Body, which shall be equal to three times the applicable daily invoice.
In the event that any of the terms contained in this Special Regulation are deemed invalid or unenforceable in the future, such invalidity does not affect the other terms that shall remain valid and binding for Customers of the Mytilene Tourist Port.
Amounts owed to the Management Body, such as the amount for the berth of the vessel and any other rights from the expiry date of the berths to the date of removal or sale of the vessel, are calculated on the basis of the applicable invoices of the Mytilene Tourist Port at that particular period and in accordance with the terms of the above par. 15.2.
Disclosure of Operating Regulations
Upon request from the User Client, it shall be delivered to the owner or master or legal representative of any moored vessel or commercial / business unit at the Tourist Port of Mytilene, a copy of this Special Operational Regulations in Greek or English, with the care of the Management Body. The English language version is free, and in the event of a conflict between the Greek and English texts, the Greek text shall prevail.
This decision to be published in the Government Gazette.