Public Properties Company SA ALIMOS MARINA BRANCH DEFINITE DURATION VESSEL DOCKING APPLICATION AND CONTRACT UNDERLAW 4256/2014

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1 Public Properties Company SA ALIMOS MARINA BRANCH DEFINITE DURATION VESSEL DOCKING APPLICATION AND CONTRACT UNDERLAW 4256/2014 VESSEL S PARTICULARS VESSEL S NAME [Vessel s Name] PREVIOUS NAME [Previous Name] REGISTRATION NUMBER [Registration Number] PORT OF REGISTRY [Port of Registry] LENGTH OVERALL MAX BREADTH [Length Overall] [Max Breadth] GROSS TONNAGE NET TONNAGE [Gross Tonnage] [Net Tonnage] ENGINE HP NUMBER AND TYPE OF ENGINE [Engine H.P] [Number and type of engine] KIND AND TYPE OF VESSEL (Kind and Type of Vessel) Motorboat Sailing boat Catamaran/Trimaran (Motor Boat) (Sailing Boat) (Catamaran/Trimaran) CATEGORY OF VESSEL (Category of Vessel) PRIVATE CHARTERED [Private] [Chartered] FLAG FLAG/NATIONALITY MAX DRAFT [Max Draft] YEAR OF BUILT [Year of Built] Small Boat (Small Boat) Kayak (Kayak) CHARTERED VESSEL LICENSE NUMBER-MINISTRY OF MERCANTILE SHIPPING NAME & ADDRESS OF THE CLIENT DETAILS OF THE SHIP-OWNER [Details of the Ship-Owner] SURNAME - OWNER [SURNAME-OWNER] ADDRESS [Address] CITY [City] TIN/TAX OFFICE [VAT No.] [] NUMBER [Number] POST CODE [ZIP] [ID No. /Passport No [] DETAILS OF THE SHIP OWNER S LEGAL REPRESENTATIVE [Details of the Legal Representative] FIRST NAME [First Name] ADDRESS [Address] CITY [City] TIN / TAX OFFICE [VAT No]. SURNAME [Surname] NUMBER [Number] POST CODE [[ZIP code] [ID No. / Passport No.] [] [] 1

2 [ DETAILS OF PROXY [Details of Proxy] FIRST NAME [First Name] TIN / TAX OFFICE [VAT No]. [] [ PROXY [Proxy] SURNAME [Surname] [ID No. / Passport No.] [] DETAILS OF PROXY 1 [Details of Proxy] FIRST NAME [First Name] ADDRESS [Address] CITY [City] [Tel.] SURNAME [Surname] NUMBER [Number] POST CODE [[ZIP code] [] DETAILS OF CHARTERER [Details of the charterer] TIN / TAX OFFICE [VAT No]. [] [ID No. / Passport No.] [] CHARTER PARTY DETAILS OF AGENT/BROKER [Details of the Agent / Broker] TIN / TAX OFFICE [VAT No]. [] [ PROXY [Proxy] [ID No. / Passport No.] [] AGENCY AGREEMENT [Agency Agreement] DETAILS OF CAPTAIN [Details of the Captain] NAME - SURNAME [Name Surname] [] [ ] Emergency Telephone Number [Emergency Telephone] ADDRESS [Address] [] 1 Συμπληρώνεται υποχρεωτικά σε περίπτωση αλλοδαπού φυσικού ή νομικού προσώπου. Ως αντίκλητος ορίζεται φυσικό πρόσωπο, που κατοικεί μόνιμα στην Ελλάδα. 2

3 Contact names & addresses if these exist NAME [Name] ADDRESS [Address] CITY [City] [] [ ] DURATION PERIOD FROM: [FROM] TO: [TO] INCOMING VESSEL (incoming vessel) RENEWAL Renewal for a period of: DATE - [DATE]: FROM (From): TO (Το): SURNAME [Surname] NUMBER [Number] POST CODE [ZIP] Emergency Telephone Number [Emergency Telephone] [] I, the undersigned CLIENT, request the docking of the aforementioned vessel for the requested period. I declare that the above details are true and that I was fully informed of the content herein as well as the other terms of the contract that are attached herein and every other document that is included or referred to same and/or to the attached terms of the contract and I fully and unreservedly accept their content. Receipt of the application from the Alimos Marina by no means confers rights of any nature, unless it is signed by its legal representative. FOR THE COMPANY For the Company For the CLIENT / SHIP OWNER For the Client DOCKING CONTRACT TERMS 1. DEFINITIONS 1.1 The CLIENT is definedas a) the Ship owner and/or b) the the ship owner s legal representative in Greece, and/or c) the Vessel s charterer, and/or d) the Vessel s captain and/or e) the appearing and acting representative of the Vessel and the ship owner, and/or f) the person giving orders of every nature to the management body of the Tourist Port regarding the Vessel, especially orders concerning minor repairs, the dock space lease, the payment of fees, launching -recovery, etc The PROXY is defined at the physical person that is appointed by the client and who has permanent residency in Greece. It is explicitly agreed that further to the request made by the COMPANY or the assigns and successors, the above proxy, who is appointed above and his aforementioned address, may be used toserve extrajudicial or procedural acts that are related to this contract, including all legal files, decisions or acts that require the that the recipient is served in person. 1.2 The COMPANY is defines as PUBLIC PROPERTIES COMPANY SA which Manages and Administers the Alimos Tourist Port (Marina) and is legally represented for the signing of this contract by the Head of the Marina. Where the term COMPANY is referred to herein, it is explicitly agreed that it is represented by the respective Head or Director of the Marina and vice versa. 3

4 1.3 The MARINA is defined as: the area of the Alimos Tourist Port (Marina), which comprises of sea and land space as this was determined and arises from the P D dated 8 November 1990 on the approval of the town plan in the out of the town planning zone of the Municipality of Alimos for the determination of the areas and terms and building restrictions of these to serve the marina of the Hellenic Tourism Organization ( (ΕΟΤ)) (OGG D 655/1990) and the PDdated 1 March 2004 on the determination of protection zones, land use and terms and building restrictions on the coastal zone of the Attica region from Faliro bay to the Aghia Marina, Kropia (zone 6b, 4, 7 and 5e) (OGG D 254/2004) with the published drawings attached thereto. 1.4 The VESSEL is defined as every boat (Private or Chartered) under Law 4256/2014. Via this contract, the CLIENT unreservedly declares that the stated VESSEL, for which the docking request is being made, falls under the above stated category and that all its data is valid and true. 1.5 The INCOMING VESSEL is defined as the boat that is described in the article 1.4 above, which remains temporarily docked at the MARINA for no more than twenty (20) consecutive calendar days. 1.6 The INVOICE is defined as the consideration in Euros that concerns the VESSEL S right to dock and the right to use the facilities and amenities provided by the COMPANY (in particular, power, water, etc.) at the Alimos Marina, as this is respectively determined by the COMPANY S Board The ALIMOS MARINA SPECIFIC RULES AND REGULATIONS are defined as the operating regulation that were approved by Board decision no. 440/ of the PUBLIC PROPERTIES COMPANY SA as in force, for which the CLIENT explicitly declares that he has been informed and accepts with the signing of the present contract. 2. SCOPE OF THE CONTRACT 2.1 With this contract the CLIENT requests and the COMPANY concedes the right to dock the VESSEL and the right to use the facilities that are provided by the COMPANY at the MARINA for the agreed consideration (invoice). The docking position shall be subject to the COMPANY S discretion. 2.2 THE CLIENT shall not acquire any right of ownership, occupation or possession on the VESSEL S specific docking position, nor is it entitled to assign its use to third parties or to use it on behalf of third parties with or without consideration. The docking right exclusively concerns the specific VESSEL for which it is being requested, at any appropriate position within the MARINA. The Client is not entitled to dock more than one VESSEL, which it owns, occupies or possesses in any way. The COMPANY is obliged to provide an appropriate position for the docking of the CLIENT S specific vessel for the duration of the contact. The COMPANY may transfer the vessel to an appropriate position, at its discretion and according to the needs of the MARINA. 2.3 THE CLIENT is obliged to pay the COMPANY the fixed and agreed Euro amount per length overall meter, which is determined each time according to the existing invoice as a fee for docking the VESSEL at the MARINA and for every service that is provided by the COMPANY. The table of docking fees and individual charges for provisions and other services in the current year are posted in the Marina s offices and on the Alimos Marina website ( By signing this CONTRACT, the CLIENT declares that he has been informed of the above table of charges, which he explicitly and unreservedly accepts. Any amendment to the above table enters into force once it is posted in the Marina s offices and on its website. It is explicitly agreed that the CLIENT waives any right to question the respective table of charges for any reason and it unreservedly accepts it as being fair and appropriate for the provided services. 3. VESSEL S ARRIVAL AT THE MARINA COMMENCEMENT OF CONTRACT - OBLIGATIONS 3.1 Prior to the VESSEL S arrival at the MARINA, the CLIENT is obliged to have previously submitted a request relating to the availability of a docking position, via to marinaalimou@etasa.gr and have received confirmation concerning the availability for docking the vessel. 3.2 THE CLIENT is exclusively responsible for the VESSEL S arrival, departure, mooring, berthing, docking and generally its abidance and presence in the area that will be indicated by the Marina s Management and he will be require to abide by all the rules and terms that are stated in the Tourist Ports General Rules and Regulations and the Alimos MARINA Specific Rules and Regulations, which he declares that he is aware of and explicitly and unreservedly accepts. 3.2 Upon arrival at the MARINA, the CLIENT is obliged to provide and present to the MARINA S Management at every request, all of the VESSEL S original shipping documents, and the VESSEL S insurance policy including Third Party insurance (Law No. 4256/2014). In the event that these documents are not provided, the MARINA reserves the right to refuse the VESSEL S docking and to request its immediate departure for the MARINA area. 4

5 3.3 The COMPANY reserves the right to refuse the VESSEL S docking in the cases that are provided for in the Tourist Ports General Rules and Regulations, the Alimos MARINA Specific Rules and Regulations as well as any other case that is statedin a General or Specific provision of the law. 4. GUARANTEE 4.1. During the signing of this contract, the CLIENT is obliged to deposit a guarantee as follows: PRIVATE VESSELS: deposit of a letter of guarantee from a recognized Greek or foreign banking institution or cash equivalent to the amount of docking fees for three (3) months CHARTERED VESSELS: deposit of a letter of guarantee from a recognized Greek or foreign banking institution or cash equivalent to the amount of docking fees for three (3) months INCOMING VESSELS: advance payment of at least 50% of the total docking fees if it is to dock for up to fifteen (15) consecutive days at the Marina, whereas, if it is to dock for up to three (3) days, the advance payment of the total docking fee amount In the event of breach of any term of this contract as well as the Tourist Ports General Rules and Regulations, the Alimos MARINA Specific Rules and Regulationsand generally any provision that governs the operation of the tourist ports, the aforementioned guarantee is forfeited as a penalty The Guarantee is attributed to the CLIENT interest free upon expiry of the docking contract and following the clearance and repayment of all due invoices for docking fees and other services rendered. 5. EXPIRY OF DOCKING - TERMINATION 5.1 This contract is automatically dissolved once the agreed period lapses, which cannot exceed twelve (12) consecutive calendar months from its signing and acceptance by the Head of the Marina, alternatively it lapses on December 31st of the following year of its signing. 5.2 The COMPANY reserves the right to terminate the VESSEL S docking contract at any time in writing, in the event that there is a two (2) month delay in the repayment of the docking fees and other provisions, and with any other breach of the terms of this contract, the Tourist Ports General Rules and Regulations, and the Alimos MARINA Specific Rules and Regulations, as in force. This termination has a legal effect only when it is legally served to the Client, which can be done by any appropriate means, indicatively via or facsimile ( fax). In this case it is entitled to raise legal action against the CLIENT and anyone else to satisfy its claims, including immediate interim measures. 5.3 The docking contract is also dissolved by the CLIENT only in writing and it only has a legal effect when it is legally served to the COMPANY. 5.4 Every termination, either by the COMPANY or by the CLIENT, which concerns a non-incoming vessel, shall bring about the dissolution of the contract after fifteen (15) days of it being served to the other party, unless the other party consents to a faster dissolution of the contract in writing. 6. RENEWAL - EXTENSION 6.1. The CLIENT is obliged to inform the COMPANY in writing of its intention to extend the VESSEL S abidance or not at the MARINA S premises at least forty (40) days prior to the expiry of the contractual docking period. Furthermore, he is required to resubmit the legalization documents, which must be valid, particularly a valid insurance policy and the vessel s ownership certificate The COMPANY is required to renew the contract, unless it is entitled to terminate the contract according to the terms of article 5.2 herein during the renewal period. Moreover, the COMPANY reserves every right concerning the acceptance or not of the relevant extension request under the terms and condition of article 3.3 herein It is explicitly agreed that the VESSEL S abidance beyond the contractual period of the contract or after its dissolution, following termination according to the terms herein, is prohibited at the MARINA and is considered arbitrary and carry penalties against the CLIENT that are provided for in the Tourist Ports General Rules and Regulations, and the Alimos MARINA Specific Rules and Regulations. Subject to the following paragraph, the VESSEL S abidance, following the dissolution of the contract in any way, cannot under any circumstance be considered a tacit renewal of the docking contract Upon expiry of the contractual docking period and in the event that the CLIENT does not notify the COMPANY as 5

6 above about the extension or not of the VESSEL S abidance, the CLIENT hereby explicitly declares that he gives the COMPANY the irrevocable mandate to unilaterally renew the agreement for a period that is equivalent to the initially agreed period, with his consent and the COMPANY may renew it, provided that the CLIENT has fully repaid all the debts that arise from the docking rights and other services rendered, upon the contract s expiry, pursuant to the valid service invoice for the following year. In this case, the CLIENT fully accepts the valid service invoice for the following year, and the new Docking Contract has demonstrative force and not a founding force. Alternatively, the Contract is automatically dissolved pursuant to the above. 7. RIGHTS DOCKING & SERVICES 7.1 The VESSEL S docking invoices concern the VESSEL S anchoring and berthing and are prepaid on a monthly basis. VESSELS that dock in the MARINA S sea zone are required to pay the invoices, which include the prepayment of the monthly docking fee plus VAT (if applicable) as well as the amenities and services provided (power, water, etc), as applicable, within five (5) days of their issue and transmission to the CLIENT via to the declared address. 7.2 The CLIENT declares, that he is fully aware, recognizes and accepts the current invoices for the docking fees and the MARINA S amenities and services provided (power, water, etc.), he unreservedly accepts the stated prices and i s required to pay the proportional royalties and fees for these charges in a timely and appropriate manner as these are calculated and determined in the invoice-related decisions and in the Alimos MARINA Specific Rules and Regulations. In addition, the CLIENT is burdened with the proportional VAT for every service plus any other taxes and expenses (operational, judicial or other) to which the COMPANY shall be subjected as a consequence of the non-fulfillment or inappropriate fulfillment of the contractual obligations. 7.3 With respect to the INCOMING VESSEL, the daily charge is equivalent to 1/30 of the VESSEL S monthly docking fee, depending on the length in meters, incremented by 50% for each docking day. 7.4 It is explicitly agreed that the delayed payment beyond two (2) months of the VESSEL S docking fees, entitles the MARINA, after it has sent the CLIENT notification via to the declared address, to terminate the contract and other than the other penalties that may be provided for in the Alimos MARINA Specific Rules and Regulations, to consider the VESSEL S abidance in the MARINA arbitrary, resulting in the vessel s removal, at the CLIENT S expense, and its placement on land area at the MARINA, as well as the payment by the CLIENT for every day of the vessel s additional abidance until its final removal from the MARINA, fair compensation for such use shall be equivalent to 1/30 of the VESSEL S last monthly docking invoice as penalty, with which the CLIENT explicitly agrees and accepts herein, not excluding the prohibition of the owing-liable Vessel s or Vessels departure according to existing provisions. 7.5 The short-term docking of the VESSEL at the MARINA is burdened with proportional daily fees. 7.6 Docking fees are prepaid. This prepayment shall amount shall be equivalent to at least one month s docking invoice. Each invoice is paid within five (5) days from the issuance of the invoice and its transmission to the CLIENT via , otherwise the CLIENT shall be charged with the statutory default interest. Especially for INCOMING VESSELS the docking fees are always prepaid on the first day of their docking and they are required to pay all amounts for amenities and services provided prior to their departure from the MARINA. VESSELS that remain docked for more than a month are required to prepay the month s docking fees within the first fifteen days of the month. In the event that an invoice remains unpaid, the COMPANY is entitled to refuse the vessel s departure. 7.7 It is explicitly agreed that in the event of delayed or untimely or inappropriate payment of the docking fees, except when the penalty clause of article 7.4 is being imposed, the CLIENT shall be charged the statutory default interest. Moreover, the COMPANY reserves the right to further compensation for any damage or loss that it may incur as a result of the VESSEL S docking or in correlation to that. 7.8 Payment of the docking fees and other services rendered are made in Euros in cash, debit card 7.9. It is explicitly agreed that the following parties shall be jointly and severally liable for payment of the invoices a)the Ship owner, b) the ship owner s legal representative in Greece, c) the Ship s charterer, d) the Ship s captain, e) the appearing and acting representative of the Ship and the ship owner, and f) the person giving orders of every nature to the management body of the Tourist Port regarding the Ship, especially orders concerning minor repairs, the dock space lease, the payment of fees, for launching-recovery, etc. The above parties are required during the signing of this contract to present the relative legalization documents, given that they are liable in the above manner, explicitly waiving the objection of discussion. Any omission of the above is not recognized as a reason to be exempted of their liability In the event that the CLIENT wishes to terminate the VESSEL S docking, he is required prior to departure, either at sea or on land, to repay all due invoices. Adversely, the COMPANY reserves the right to refuse the vessel s departure from the MARINA, unless the CLIENT recognizes his debt and makes arrangements for its payment in accordance with the respective Board decisions that relate to the arrangement of debts due to the MARINA. 6

7 8. DISCLAIMER OF LIABILITY 8.1. It is explicitly agreed that the COMPANY shall not be liable for any bodily damages incurred by the CLIENT and his assistants, crew members, passengers and guests on the VESSEL, nor for any damage or loss or the VESSEL itself, its fixture and components or its property belonging to the above persons on both the VESSEL and the MARINA area (land or sea), including cars or other vehicles for any reason, particularly in the event of force majeure, expect tort. The CLIENT shall be exclusive liable for the above It is explicitly agreed that the CLIENT, who is responsible for having the vessel insured against third-party liability throughout its abidance at the MARINA, shall be liable for every damage that is caused to another VESSEL or facility at the MARINA, during the entry, exit and abidanceof the VESSEL at the MARINA Any repair or maintenance works within the MARINA (sea or land) area as well as the presence of a person within the dry docking area is explicitly prohibited. If the above prohibition is violatedin any way, the MARINA shall not bear any liability. 9. CLIENT S OBLIGATIONS 9.1. The CLIENT is obliged to immediately inform the COMPANY in writing of any change in the representation and contact data stated above. It is explicitly agreed and accepted that communication with the CLIENT and the invoices will be sent via to the address declared by the CLIENT, thus it will be confirmed that he has been made aware of the issue of the respective invoice, explicitly hereby waiving every objection, given that notification of the current address falls under the client s exclusive responsibility The Client and his assistants (captain, crew, passengers, etc.) are exclusively responsible for the Vessel s arrival, departure, mooring, berthing, docking and generally its abidance and presence in the area that will be indicated by the Marina s Management and he will be required to abide by all the rules and terms that are stated in the Tourist Ports General Rules and Regulations and the Alimos MARINA Specific Rules and Regulations, which they declare that they are aware of and explicitly and unreservedly accept Upon arrival at the MARINA, the Client is obliged to provide and present to the MARINA S Management at every request, all of the Vessel s original shipping documents, the Vessel s insurance policy (including Third Party insurance) as well as every legalization document held by the Ship owner particularly the., minutes by competent bodies for legal persons as well as every other certificate or declaration or authorization, which will be requested by the Marina. Moreover, the Client is required to present and demonstrate original or legally certified copies of the every document, certificate, minutes that concern the Ship Owner, his representation in Greece as well as any other related document or statutory declaration by the representative or agent In the event that the CLIENT is a foreign physical or legal person, he is obliged to appoint a proxy in Greece, for all the statutory notifications The signatory of this contract is deemed at the Client s legal representative and shall be jointly and severally liable and accountable towards the Company for any issue (technical, financial) relating to the Vessel s abidance in the Marina The CLIENT is obliged to inform the COMPANY immediately and in writing if the VESSEL S ship ownership changes. If the notification is not made in due time, the former owner shall be jointly and severally liable with the new owner of the VESSEL, for all of the VESSEL S debts to the MARINA If during the sale of the docked VESSEL, the seller has unpaid debts towards the MARINA, the buyer shall be jointly and severally liable to the Marina for the due amount The CLIENT assumes the liability of moving the Vessel immediately and in accordance with the instructions of the COMPANY, and in accordance with the provisions of the Tourist Ports General Rules and Regulations (OGG 1323 B/2003) and the Alimos MARINA Specific Rules and Regulations. In the event that Vessels belonging to the same ship owner or of the same interests are already consecutively docked, the COMPANY commits to making every effort to keeping the vessels in consecutive or close position, in the case of long-term mooring, so as not to disrupt the ship owner s functionality In the event of the Vessel s total or partial or pre-direct risk of sinking or damage within the Marina, the Client hereby irrevocably authorizes the Company to transfer the Vessel, with its own means and at the Client s expense, to an appropriate area within or outside the Marina. It is understood that in all other respects, the provisions of the Law on shipwrecks shall apply. 7

8 10. OTHER TERMS 10.1 The docking right is not personal, but exclusively concerns the docking of the specific VESSEL that is described above and for which this contract is being signed and is valid for the period defined herein, provided the VESSEL belongs to the same ship owner-client stated above In the event that the docking contract is terminated, other than the other penalties that are provided for in this contract and/or the Alimos MARINA Specific Rules and Regulations, the CLIENT is obliged to pay the VESSEL S docking fees according to the current price list up until the VESSEL S final departure from the MARINA S facilities. The CLIENT explicitly waives the right to challenge this term, given that according to the above declaration, he is responsible for protecting his own interests In the event of the VESSEL S finaldeparture from the MARINA S facilities, prior to or at the end of the contractual period, theclient is requiredtopromptly informthe MARINA of this fact in writing otherwise the COMPANY shall be required to continue invoicing the CLIENT with the due docking fees until the contract period lapses or until the COMPANY is provided with the above written declaration concerning the VESSEL S final departure The COMPANY is not required to remind the CLIENT of the payment of the docking fees and other services on set dates This contract is complete and constitutes the only agreement between the COMPANY and the CLIENT and prevails every previous written or verbal agreement or communication with the COMPANY or its assignors The COMPANY S non exercise or partial exercise of a right that arises from this relationship with the CLIENT cannot be considered as a waiver of this right, nor does it rule out its exercise in the future The COMPANY may assign its receivables and claims that arise from this contract to any Bank and/or other specific banking organization and/or specific public factoring companies for the purpose of drawing up a factoring contract For the purpose of executing its contracts with its counter parties, the COMPANY maintains and processes a file that contains their data. The CLIENT is entitled, at any time, to receive an update or to raise objection as provided for by the personal data laws The CLIENT explicitly and unreservedly declares that he is fully aware of the provision of the Alimos MARINA Specific Rules and Regulations, which constitutes an integral part of this contract It is agreed that all of the terms of this contract are fundamental and a breach of any of these constitutes good reason to terminate the VESSEL S Docking Contract It is explicitly agreed the MARINA S communication with the CLIENT and transmission of the invoices will be accepted at the address that he has declared above Where there is a difference between the Greek and foreign language text, the Greek text shall prevail. 11. APPLICABLE LAW JURISDICTION For the resolution of disputes that may arise between the CLIENT and the COMPANY as a result of this contract or any other reason in relation to the VESSEL S docking, the Naval Department of the Court of First Instance of Piraeus shall have jurisdiction for First Instance matters, and with the Magistrate Court for small claims. Every dispute between the parties that concerns the interpretation or the application of the terms of this contract is resolved according to Greek Law. DATE / / Having been made aware of the contents of this contract and any other document, which is included or referred to herein, I fully and unreservedly accept their contents. FOR THE COMPANY THE CLIENT 8