General rules of mandatory compliance Escar l’Escala S.L.
The access and permanence on the facilities of Escar L’Escala S.L. is subject to prior compliance of all the rules and guidelines established by the Management, including the presents, the Regulations for the Operation of the Dry Dock of the Port of l’Escala approved by Ports de la Generalitat in March 2000 and, in what may be applicable to it, and the General Regulations of the Ports of Catalonia Police. It is also subject to the applicable environmental regulations as well as to Royal Decree 171/2004 which develops the Law of Prevention in matters of business activities for contractors in other work centers, so that all people (users, industrialists, etc.) that are located in the facilities of Escar L’Escala S.L., accept each and every one of the established rules and undertake to abide by them at all times.
All persons who are for any reason in the facilities of the Escar L’Escala S.L. must at all times comply with the orders and guidelines of the management, as well as any member of it is staff who is in that moment in charge of the facilities.
General contracting conditions Escar L’Escala S.L.
1. Service request and definitions
The request for the provision of services and the contracting that implies it is provision is made for the entire period in which the boat remains in the Escar L’Escala S.L. facilities and for the price and established rates.
The person (natural or legal) who contracts the service declares under his responsibility that he is the owner of the boat object of the contract or that, by any valid title in law, he can be bound in relation to the same or has been designated by to carry out actions for the benefit of the boat, in the terms described in the contract, whether as a ship operator, skipper, captain, manager, nautical services professional or any other, becoming responsible for the payment of the contracted services.
Escar L’Escala S.L. will only recognize the contracting person in relation to this contract. However, this contract extends to all legal purposes to the Boat Owner, in addition to the contractor. In any case, the signing of this contract attributes the status of owner to the author of this signature.
For the purpose of notifications and, in particular, the claim of pending invoices, the contractor designates as the address the one contained in this contract, regardless of the quality in which he commissioned the services. Escar L’Escala S.L. undertakes to perform the services described at the foot of the contract. Escar L’Escala S.L. is not responsible for any other work carried out on the boat by other people or any other that has not been contracted.
2. Boat details
The contractor is obliged to provide Escar L’Escala S.L. with the data and plans that are necessary for the hoisting, stay or launching of the boat, as well as to report any circumstances and / or element of the boat that may affect the smooth running of the maneuvers or cause damage to the boat or it is elements, and must be present at the time of carrying them out to supervise these operations. The Boat Owner and the service contractor shall be liable for any additional damages, fees and costs arising from obsolescence, falsification or error in the data and documents provided. The conditions of stability and draft indicated will be the responsibility of the owner of the boat and the service contractor. Any damage caused by incorrect or missing information will also be the sole responsibility of you.
3. Status and insurance of the boat
Escar L’Escala S.L. receives the boat in the state of conservation and maintenance provided by the contractor, with the documentation in order and insurance contracted, as well as free of contents that, by their own individuality, they could separate naturally and / or easily from it. Escar L’Escala S.L. is not responsible for the disappearance, theft, breakage or deterioration of any moving element or that could be stolen by any means found on the boat.
Escar L’Escala S.L. is not responsible for the wear and tear of boats and their elements when this is caused by the passage of time and inclement weather.
Escar L’Escala S.L. is also not responsible for theft or theft of internal or removable elements of the boat while it remains in it is facilities during periods of stay or winter, being the sole responsibility of the contractor and / or of the owners or managers of the boat to ensure that during these periods of stay the boat is properly closed as well as to check it regularly.
It is expressly forbidden to live, spend the night, and / or carry out any leisure or personal cleaning activity on the boat during your stay at the facilities of Escar L’Escala S.L. The provision of services is purely and exclusively limited to the contracted services and which, in any case, have as their purpose the repair and / or maintenance and / or the simple guarding and stay of the boat as agreed by the parties contractors.
All boats in the facilities of Escar L’Escala S.L. must pay the corresponding stay fee, even if the company repairs them.
At the request of the contractor, Escar L’Escala S.L. undertakes to ensure the performance of any other service regarding the boat, which will be the subject of direct contracting with the borrower and without any liability to Escar L’Escala S.L.
When it is necessary to resort to the help of divers for the hoisting or lowering of the boat, the cost and risk of these operations will be borne by the contractor and the owner. Escar L’Escala S.L. reserves the right to locate, move or dismantle boats and / or their equipment for the safety of the dry dock, the boat and other boats, for the proper management of waste and equipment or for the better distribution of the space.
Escar L’Escala S.L. has an updated list of rates available to it is customers. This list, together with the rates applicable in each case, will be understood to be incorporated into this contract. The works not included in the aforementioned list may be budgeted in advance at the request of the client. Acceptance of the budget implies the waiver of all claims against Escar L’Escala S.L. for discrepancies in price. Escar L’Escala S.L. will not pay for services not provided at the customer’s request once the contracted promotions period has ended.
Boats with trailers will be subject to a stay fee with a supplementary meter to the length that appears in the manufacturer’s documentation or certificate.
Escar L’Escala S.L. will take into account the length that appears in the maritime register or in the certificate of conformity of the builder of the boat for the application of it is rates.
The contractor and, alternatively, the owner or ship operator of the boat are obliged to pay for the services in accordance with the settlement that is made. Unless otherwise agreed, payment for the services will be made at the time the service is provided and, in any case, before the end of your stay at the Escar L’Escala S.L. facilities. The invoices for the concepts of stay, water, air, electricity and waste will be invoiced at most every month and the works with a budget equal to or greater than 2,000 € will involve a payment on account of 50% prior to the start of the same. In the hiring of the Winter Pack, a payment of 50% must be made prior to the start of the service and the remaining 50% before removing the boat from the facilities of Escar L’Escala S.L.
The issuance of an invoice to a person or entity other than the contractor will not modify the contracting regime established in condition 1. Escar L’Escala S.L., under the provisions of art. 569-3 et seq. of Book V of the Civil Code of Catalonia, reserves the right to retain the boat in the event that payment for the services rendered has not been satisfied, so that in such a case the occupant boat may not leave the Escar L’Escala S.L. facilities, neither by sea nor by land, if the amount of the indicated settlement has not been previously paid. Likewise, the contractor, owner or ship operator of the boat is responsible with it for this payment to Escar L’Escala S.L., authorizing it to be withheld until the full amount due has been paid.
Escar L’Escala S.L. may request, if it deems it appropriate, a deposit because of the services requested, which at the end of it is stay at the facilities of Escar L’Escala S.L. will be deducted from the final invoice.
Once the requested work and operations have been completed, the boat must be delivered to the contractor who signed the Beaching Request, once the invoice for the requested work has been satisfied. Escar L’Escala S.L. may withhold the boat in pledge until full payment of the invoice in accordance with article 1,600 of the Civil Code and articles 569-3 and 569-4-C of the Civil Code of Catalonia. Delivery to third parties will not be authorized unless they can prove their representation in writing. This accreditation will consist, optionally for Escar L’Escala S.L., in the reliable authorization signed by the owner or in a photocopy of the contract or document accrediting it is representation in general, which, once confronted with the original, will remain in possession of Escar L’Escala S.L.
In order to launch boats to the water with a winter pack or a long stay at the facilities of Escar L’Escala S.L., the ship operator or owner must give at least 15 days’ notice.
If the contractor does not respond the requirements of the payment of the invoices accrued under this contract or, still paying, refuses to move away the boat from the facilities once the repair work for which If these services were contracted, Escar L’Escala S.L. may, after two months from the first request, proceed to auction the boat in accordance with the provisions of art. 569-7, following and concordant, from book V of the Civil Code of Catalonia. For these purposes it is considered as the appraised value for the auction the described as “insured value” by the contractor. If the contractor is not found and the price paid at the auction exceeds that due to Escar L’Escala S.L., the latter will deposit in the name of the contractor the difference in it is favor. In the event that the auction price does not cover the price of the services, Escar L’Escala S.L. reserves the right to proceed against the owner, ship operator and / or contractor for the difference pending payment.
The risks of the boat, at the time of being hoisted and during it is stay and launching, will be included in the civil liability insurance that the company Escar L’Escala S.L. has contracted according to the applicable legislation. At no time will Escar L’Escala S.L. be liable for any accidents and / or damages that are not covered by this insurance. The damages that may occur to the boat is the responsibility of Escar L’Escala S.L. only when it is caused by the negligence of the company or any of it is employees in the performance of the contracted services, except in case of fortuitous event or force majeure.
12. Prevention of occupational hazards
In order to guarantee the safety and health of workers who may be present in the same workplace must comply with Royal Decree 171/2004, which develops article 24 of Law 31/1995, of 8 November, on the prevention of occupational hazards, and for this reason a protocol has been developed that establishes the system of work between the different industrialists and Escar L’Escala S.L. In order to comply with the provisions of the aforementioned regulations, any company or self-employed person who enters the Escar L’Escala S.L. facilities to carry out any work must be aware of their obligations in preventive matters.
Any company or self-employed person, before entering to carry out works in the facilities of Escar L’Escala S.L. must request his accreditation before the direction of Escar L’Escala S.L., without which they will not be able to access to them or initiate any action.
When applying for accreditation, Escar L’Escala S.L. will provide with, among other documents, the business activity coordination protocol, which will contain the following documentation:
- Information and instructions regarding the risks of the work activity.
The Emergency Action Protocol.
- The principles of action of the supplier companies with information on the rules and regulations that must be complied with.
- The acceptation of commitments in relation to the integration of occupational hazards that has been reported in the preventive organization of the industrial and in relation to the information and training of workers who access the facilities of Escar L’Escala S.L.
- The obligation to appoint a safety and health officer from among it is staff.
- The commitment to provide, before the start of the work, the documentation that is required and necessary to deliver, and which must be valid throughout the period of activity.
Boat owners and crews who prove that they have a preventive organization, as self-employed or as a company, must also sign the business activity coordination protocol before starting any work on their boats in the facilities of Escar L’Escala S.L.
Owners and crews who do NOT have a preventive organization will be able to access the work areas of Escar L’Escala S.L. only for the purposes of supervising the work and, in this case, they must go always accompanied by a previously accredited industrialist, who will be responsible in preventive matters.
Notwithstanding the foregoing, owners and crews who, without having a preventive organization, intend, in exercise of the right granted to them by art. Eight of the Regulations for the Operation of the Dry Dock of the Port of l’Escala, to carry out work on their own boats; they will carry them out under their sole responsibility. Escar L’Escala S.L. will be exempt from all preventive health and safety obligations with respect to them and the people involved in them. To this end, they must formulate the appropriate communication prior to Escar L’Escala S.L., in which they will assume their full and exclusive responsibility in relation to the works to be carried out, will accredit the subscription of the appropriate civil liability policy that covers any claims arising from such activity and will be subject to the regime and rules of operation of the Escar L’Escala S.L.
13. Claims, jurisdiction and data protection
All claims concerning the operations and work carried out directly or indirectly by Escar L’Escala S.L. must be made in writing addressed to the Management. Unless otherwise agreed, Escar L’Escala S.L. will not guarantee the result of the operations and / or work carried out beyond the deadlines and assumptions provided for in the applicable legislation. In any case, it will be up to the client prove the defects derived from the work of Escar L’Escala S.L. The parties declare to submit, expressly and renouncing their own jurisdiction, to the jurisdiction of the Courts of the Judicial District of Figueres. In any case, the laws applicable will correspond to the address of Escar L’Escala S.L. Under the provisions of the Organic Law on Data Protection 15/1999, the data in this file will be processed by a file duly registered by the law of the data protection agency.
14. About the dry dock area
The dry dock area is intended to carry out repairs or work.
Escar L’Escala S.L. reserves the right to change the location of the boat for the needs of the service at no cost to the user.
It is forbidden to bring private vehicles into the facilities. It is also forbidden to park industrial vehicles except those that are considered a mobile workshop, in which case they will meet the corresponding rate per day. It is forbidden to enter commercial vehicles of any kind, except those that supply material to a user and this for the minimum time necessary to unload.
15. About the trench area
The trench area is intended to the extraction and launching of boats and the cleaning of living works.
16. About the works
Hoisting, hauling, propping, cleaning of underhull, crane for the transfer or service to the boats, painting of superestructure and sandblasting by means of water jet can only be carried out by Escar L’Escala S.L. In order to carry out any other work on a boat, the status of industrialist must be certified to Escar L’Escala S.L. or the status of owner of the boat itself. Only those companies determined by the Regulations for the Operation of the Dry Dock of the Port of l’Escala issued by Ports of the Generalitat de Catalunya and have signed the protocols required by the Escar L’Escala S.L. may be accredited as industrial.
Individuals who carry out work on their boats assume their full and exclusive responsibility for the work they carry out, with total impunity for the Escar L’Escala S.L.
In any case, individuals are prohibited from carrying out any type of work that involves boarding the boat, carrying out work at height, supporting or suspending items on the boat itself or the equipment’s on the dry dock area, the use of cutting tools (radial, jigsaws …) or that can cause sparks or fire (blowers, welders …) as well as starting engines or any other that may be dangerous to people or facilities.
17. About acreditation
Administrative or commercial staff of the companies will not be considered users. All changes related to the referenced documentation must be communicated as soon as possible and, in particular, the change of administrator or general manager and the affiliation and termination of staff. The user will be liable for any damages that may occur to any person and for any reason due to failure to notify the changes.
The user is obliged to deposit in the selective containers (wood, iron and plastics) the waste that he generates due to the work that he carries out in a boat. Minor waste must be deposited in the rubbish bins distributed by the facilities. It is strictly forbidden to deposit contaminating or toxic materials in any container and even appliances, machines or waste that contain such materials or substances.
Escar L’Escala S.L. provides users of the facilities the management of oils, grey water and sewage. If, due to the work carried out by the user, any type of toxic or polluting waste is generated, with the exception of those mentioned above; these must be removed daily by the user and managed outside the facilities. It is forbidden to introduce into the facilities materials or non-approved toxic or polluting substances and, in particular, paint. The cost of cleaning or removing toxic or polluting materials or substances will be charged to the user.
Escar L’Escala S.L. charges to customers and users the cost of waste management and treatment at a rate of € 1.57 per linear meter.
Escar L’Escala S.L. is not responsible for any damages that may occur to the boats due to non-compliance with the provisions of these conditions or in the Regulations for the Operation of the Dry Dock of the Port of l’Escala dictated by Ports of the Generalitat de Catalunya or any other applicable regulations. Escar L’Escala S.L. reserves the right to deny entry to the facilities to offenders.
The user is subject to the provisions of the Regulations for the Operation of the Dry Dock of the Port of l’Escala of the Ports of the Generalitat de Catalunya in addition to the general rules previously set out in what are applicable. Non-users are prohibited from entering the facilities of Escar L’Escala S.L. Pets are not allowed on the facilities. It is forbidden to carry on board boats flammable, explosive or dangerous materials, except for regulatory rockets and flares, fuel reserves and gas cylinders essential for the supply of the facilities and operation of the boat. Escar L’Escala S.L. may paralyze and even prohibit the work of any user if they may be dangerous or annoying to other users. Under no circumstances may beached boats be used as housing, accommodation, cooking or clothing. Showers or boat sinks on the facilities may not be used. Minors, even if they are family with the users, are not allowed on the facilities.
22. Repairs warranty
The repair work carried out by Escar L’Escala S.L. are guaranteed by the entity for a period of six months following the completion of the repair work. However, the replaced parts will have the warranty indicated by the manufacturer.
The warranty covers anomalies or defects committed by Escar L’Escala S.L. as a result of the service performed and covers labour and materials needed for the repair. The breakdown must be reported the same day to Escar L’Escala S.L. and the repair must always be carried out by Escar L’Escala S.L. or any other workshop expressly authorized in advance and in writing by Escar L’Escala S.L.
The warranty does NOT include: travel or subsistence expenses for company personnel involved in the repair; the expenses that the customer may incur during the repair for work and / or expenses of his own crew; transportation by shipment of parts or materials; operations or stay at the dry dock; towing, crane or similar expenses; boat trips to where the repair is carried out; capital expenditures; compensation for lost profits or any other expenses not covered by these guarantees.
The warranty will NOT apply:
- When the product, equipment or facilities have been handled or modified by the customer or by third parties not authorized by Escar L’Escala S.L.
- When the breakdown is due to improper or negligent use by the user.
- When the breakdown is due to an accident, fortuitous event or force majeure.
- When not communicated to Escar L’Escala S.L. the breakdown for a maximum period of two days after the symptoms are detected.
- When the customer is not up to date with payment with Escar L’Escala S.L. of the works subject to guarantee or any other commissioned by the client.
- When the equipment or components are not guaranteed by their respective manufacturers.
- When the repair work of Escar l’Escala S.L. has not been fully completed or in the case of temporary or emergency arrangements.
- When the fault occurs on elements, parts, welds, etc. on which Escar L’Escala S.L. has previously warned of their poor condition, has advised their replacement or overhaul, or has informed the user of the need to repair them and the user has chosen not to do so.
All work carried out by Escar L’Escala S.L. at the request of the user outside working hours will be invoiced with an increase of 50% on the fee, without prejudice to the provisions on invoicing in the Regulations for the Operation of the Dry Dock of the Port of l’Escala dictated by Ports of the Generalitat de Catalunya. Escar L’Escala S.L. reserves the right to expel from the facilities any user who does not observe the minimum rules of urbanity, promotes or carries out disputes or altercations or disrupts the normal operation of the works and this without prejudice to the responsibilities penalties that may incur. These regulations complement the Regulations for the Operation of the Dry Dock of the Port of l’Escala issued by Ports of the Generalitat de Catalunya.