INTERNAL REGULATIONS
The Vlaamse Yachthaven Nieuwpoort vzw, further called VYNieuwpoort, is a water sports association and an integrated club of the federation WWSV recognized by the Flemish Community and Sport Vlaanderen.
These internal regulations may be amended at any time, the most recent and therefore valid is always available for inspection at the secretariat. The Dutch version is the only valid one. Changes will be announced in advance.
VYNieuwpoort is apolitical and Flemish and strives to further spread and democratize water sports as a whole.
The Executive Board :
- Managing director: Maarten Desloovere CMM
- Responsible Flemish Yacht Harbour Nieuwpoort vzw: Maarten Desloovere
- Responsible for Flemish Sailing School: William Gijbels
- Manager Aan de plas, Bruges: Caroline Uyttendaele
Secretariat: Renée Markey, Sofie De Rous, William Gijbels, Ben Siffer, and Maarten Desloovere
MEMBERS
1.1 By joining VYNieuwpoort vzw as a member/visitor, the boat owner acknowledges having taken cognizance of the rates, of the internal regulations, of the rights and obligations provided for in the internal regulations, and declares to fully and expressly agree to them.
1.2 One can become a member of VYNieuwpoort only by signing the application form. Membership becomes effective only after acceptance of the application by the Executive Board , this is confirmed by sending the bill and payment of membership.
1.3 By signing the application form, the candidate member endorses the internal regulations and its extensions, which are available at all times at the Secretariat and on the website https://vynieuwpoort.be/clubreglement/. The Dutch version shall prevail.
1.4 Membership candidacy can be accepted when all legal and statutory requirements are met.
- (a) Each prospective principal member-boat owner shall, to the extent that laws and/or decrees will provide for it, and/or provide for it, be required to show that he meets the legal requirements (licenses, registration, flag certificate, etc…) to command a sailing or motor yacht. This obligation remains, and the necessary documents will have to be presented, if the member becomes the owner and/or skipper of another vessel subject to other legal requirements.
- b) Each boat owner (member/visitor) must show that his/her vessel is validly insured for civil liability (damages to third parties) and accidents on board, including damages and/or injuries to those on board, as well as that the vessel is insured for salvage. Proof of this insurance must be presented spontaneously and at the initiative of the boat owner each year when submitting the berth reapplication.
1.5 In case of co-ownership of a boat, one owner will act as the main responsible party towards VYNieuwpoort. This one will pay the membership and/or mooring fees and other costs related to the boat. The other owners must become sympathetic members.
1.6 Members will conduct themselves with dignity and they will be responsible for order and cleanliness on the scaffolding and grounds.
1.7 A member is liable for his invitees. Invitees who come several times per season must become members of the association.
1.8 Each member is required to fly the VYNieuwpoort club flag on his vessel .
1.9 Every yacht in the marina is under the command of the owner or a permanently appointed person who is also a principal member of the club. Only members may stay on their boats.
1.10 The member agrees that summer moorings or pitches and their fees are valid from 01/04 through 31/10 of each year and winter moorings or pitches are valid from 1/11 through 31/03 of each year .
Those who remain in the respective places after these periods are considered temporary members and thus charged accordingly.
LIGPLE
2.1 It is the sole prerogative of VYNieuwpoort, following agreements and contracts with the administrative authorities, to assign individual berths. Members must therefore fully and immediately comply with the guidelines of the Executive Board and the club’s appointees regarding this matter.
As a result of the agreement with the Flemish Community, VYNieuwpoort vzw, as a sports association, can only allocate berths to sailing boats. A boat that does not sail and/or would only serve as overnight accommodation does not belong in our marina.
2.2 Berths are allocated annually, a member can only be allocated a berth after completing the reapplication form annually and fulfilling their financial obligations, both within the set deadlines.
2.3 Berths, pitches, membership and mooring fees cannot be transferred or sold. The seller of the boat with a berth or berth will notify the prospective buyer.
2.4 The Secretariat must be notified immediately upon the sale of a boat. For VYNieuwpoort, the boat only changes ownership once the buyer has entered into a contract with VYNieuwpoort in the form of membership and upon presentation of the contract between buyer and seller.
2.5 Refunds of mooring fees and reserved moorings or pitches cannot be considered. Reserved berths that are not taken may be temporarily assigned by the board to other members and or visitors.
2.6 When circumstances require, by order of the club management, harbor master or public services, vessels may be shifted or relocated, at the expense and risk of the boat owner.
2.7 For new fixed berths, those, who do not yet have a fixed place in the port, have priority over those who already have 1 or more fixed places.
BEHAVIOR IN THE PORT
3.1 Vessels shall be moored at the place designated by the board or harbor master and according to good seamanship. Eventual damage will be recovered from the owner.
3.2 Members who leave their boat in the port during the winter undertake to move their boat during the annual dredging operations and at the first call. Failure to do so will result in the boat being moved at the owner’s expense and risk.
3.3 The water on the jetties is primarily drinking water. Its abundant use (rinsing boats) should be avoided, in period of water scarcity (high season).
3.4 It is the responsibility of the boat owner to invite someone from the Secretariat to record the electricity meter reading before and after each season. If the boat owner fails to do so, he/she has no recourse against the meter reading charged. Every electricity connection must be arranged in advance with the Secretariat.
3.5 It is prohibited to take electricity from a power supply that does not belong to you or your berth. Violation of this may result in dismissal from the port.
3.5 For ecological and safety reasons, it is forbidden to fill fuel at any place other than at the environmental pontoon/tanking station. It is prohibited to continuously run the engine of docked vessels.
3.6 No open fires are allowed on the boats, jetties and dikes.
3.7 The scaffolds must be accessible at all times, consequently nothing may be placed on the scaffolds themselves and the entrances must remain completely clear.
3.8 It is forbidden to carry out works on the scaffolding that may contaminate or damage the scaffolding such as, welding, burning, varnishing, etc….
3.9 Noise pollution must be avoided at all times. Between 10 p.m. and 8 a.m., everyone’s peace and quiet must be respected. Complaints of unauthorized noise may result in a reprimand and even dismissal.
3.10 Each member must adhere to legal speed limits and avoid making waves in the marina at all times.
3.11 Household waste, originating only from the boats, must be deposited at one of the two environmental parks, in sealed bags in the containers. Glass and paper must be deposited in the containers provided. Oil can only be emptied in the containers provided for that purpose in the boat parking area on the lJzer, batteries must be placed in the appropriate containers. A member has no right to deposit other waste in the waste facilities of the association.
3.12 Each animal must be kept on a leash. Feces shall be removed immediately by the owner.
Animals that cause a nuisance or do not meet these conditions will be refused entry to the harbor. In case of non-compliance, the owner may be dismissed.
3.13 Advertising in and around the harbor is not permitted, except during certain pre-announced events and subject to written permission from the Executive Board.
3.14 Fishing in the harbor is prohibited.
3.15 Sandblasting of boats is prohibited in the entire marina area, including the grounds.
3.16 Bicycles may only be parked in the designated stalls. Bicycles are provided from May through September.
3.17 Boats using the VYN jetties must be properly maintained and clean.
3.18 Caught fish may not be cleaned in the marina area.
3.19 If the Executive Board, for any reason, must have members’ equipment moved within the harbor area, the costs shall be reimbursed by those members.
3.20 A complete sanitary facility is available to users of the VYN marina in compliance with these regulations. Use of toilet without collection is prohibited in the marina. Extraction and collection for chemical toilet and oily water is provided at the floating filling station on the IJzer (near the boat elevator).
BOAT TRAILER – BOAT SEAT – TRAILERS – TERRAIN
4.1 VYNieuwpoort has facilities for hauling out and launching boats back into the water. It also provides land and chairs to members for boat storage. Rates for the use of these facilities are set annually and are available at the secretariat. The boat owner should make an appointment at the secretariat if he/she wishes to have a boat handling service performed. If a boat handling appointment is not kept and not cancelled by the boat owner at least 12 hours before the handling, a fee will be charged. This cancellation fee will be half of the normal requested handling.
4.2 The disposal areas are closed and only accessible with a membership card available at the Secretariat.
4.3 There is a special tariff for services in the port and on the premises. It is available at the secretariat .
4.4 Damage to or fouling of boat cradles and boat trailers due to painting and other work on your vessel must be compensated by the boat owner. Furthermore, the boat owner and anyone performing work on their behalf shall take all measures to prevent soil contamination. All costs arising from soil contamination that requires remediation shall be owed by the owner to the Vlaamse Jachthaven Nieuwpoort or the competent remediation authority.
4.5 If one wishes to use one’s own boat chair, one must first have it approved by our services, without such approval being able to imply any acknowledgement or responsibility on the part of VYN-Newport.
4.6 A fee must be paid for boat cars, boat seats, trailers, etc… parked on our grounds.
4.7 Neglected and unidentified objects will be removed from our grounds. The boats stored on the premises of VYNieuwpoort vzw:
- Will not have gas cylinders or other explosive items on board
- All sails lowered and removed from the deck.
- Remove and salvage all loose items on the deck.
- Permanent winter canopies are strongly discouraged
4.8. The owner of a vessel that remains on our premises after an uninterrupted storage period of two winter seasons and one summer season shall be required to pay an additional annual storage fee called “long-term storage”.
LIABILITY AND INSURANCE
5.1 VYNieuwpoort asbl is not responsible for possible accidents, damage or theft. Every boat owner signs, by submitting his/her application as a member and/or his/her (re-)application for a berth, waiver of recourse for any damage whatsoever against VYNieuwpoort vzw and informs his/her insurer of this. This indemnification applies to the berths in the marina, places for vehicles and mobile homes on the terrains, the club installations on land (club house, playground, sanitary facilities and possible temporary installations such as marquees), the use of boat seats, the embarking and disembarking of the boats as well as the use of the terrains for storage of boats and/or other material.
5.2 With respect to the grounds, boat seats and boat cars, VYNieuwpoort is not to be considered a custodian of the boats parked or transported, but only a lessor of these facilities.
Each member must be insured for any damage that might be caused to his boat or other equipment while using these facilities (hull insurance) and any exemption also remains at his expense.
The boat owner is responsible for every person and their actions, whether paid or unpaid, who performs work on his/her boat. Proof of insurance must be presented before any handling with our installations. Each member must personally, and on their own responsibility, check whether their boat is properly stored and thereby releases VYNieuwpoort from any responsibility for damage to their own vessel or that of third parties. Any comments regarding the storage (both the cradle and the manner of placing the boat) must be submitted in writing to the board within three days of storage. If there are comments regarding the manner of launching or hauling out the boat, the member must report this in advance and at the latest during the action itself. In the absence of comments within these periods, the member is deemed to agree with the cradle used and the method of storage.
As a member of VYN and therefore registered with WWSV, you are insured against accidents and civil liability while practicing our sport.
Insurance is twofold:
- the insurance provides coverage in L.O. (Physical injury to the athlete)
- A. (Bodily injury to third parties and material damage to third parties, excluding sports equipment)
MISCELLANEOUS
6.1 If one leaves the harbor with their boat for more than one day, the boat owner must inform the harbor master how long the boat will be away from the harbor. This can be done electronically or via the designated cards.
6.2 Every boat owner is obliged to give the correct measurements of his boat, i.e. length overall and width overall. Changes in this or in the address or family must be communicated in writing to the secretariat as soon as possible.
6.3 Flag letters and various other administrative formalities can be arranged through the secretariat.
PAYMENTS
7.1 By the mere fact of membership and/or mooring application, each member/visitor accepts the rates set by the board for membership and/or mooring fees, consumption of water and electricity, operating costs, the use of VYNieuwpoort vzw facilities, staff interventions for moving or relocating boats and any costs which the board may deem necessary to charge in order to ensure the proper functioning of the association.
7.2 Each member-boat owner is obliged to comply punctually with the financial and/or fiscal obligations imposed by the government on the ownership of a vessel and/or the use of the port facilities.
7.3 All invoices from VYNieuwpoort asbl must be paid on the due date. Any invoice not paid on the due date shall automatically and without notice be increased by a fixed and irreducible compensation of 10% with a minimum of EUR 125.00. In addition, any invoice not paid on the due date shall, automatically and without notice, bear conventional interest of 1% per month from the due date until the date of effective and final payment.
7.4. By signing the membership and/or mooring application, the boat owner gives the VYNieuwpoort vzw an explicit SUSPENDENT VOLUNTEER to take the pleasure boat out of the marina or out of the boat park as a result of non-settlement of one or more accounts by their due date. Before doing so, VYNieuwpoort vzw will send a registered notice of default to the boat owner. If VYNieuwpoort vzw does not receive full payment within 2 months after the date of sending the registered formal notice, the vessel can be removed from the marina or the boat park without further notice.
The boat owner explicitly authorizes VYNieuwpoort vzw UNDERHANDSE to either sell the boat publicly or to sell it out of hand at market value in case of persistent non-payment. Persistent non-payment shall be deemed to exist when one or more invoice(s) is/are still unpaid more than 6 months after the due date. VYNieuwpoort asbl will send the boat owner a registered letter of default before proceeding with the sale. If VYNieuwpoort vzw does not receive full payment within 2 months after the date of sending the registered formal notice, the vessel can be sold publicly or privately without further notice.
If the sale, after deduction of the amounts due, the administration costs incurred (including registered mail), the costs of removing the vessel from the marina or boat parking and the costs of the public or private sale will show a positive balance, the balance will be paid into the boat owner’s account known to VYNieuwpoort.
Should the sale after deduction of the amounts due in the aforementioned paragraph result in a negative balance, the boat owner shall owe this negative balance to VYNieuwpoort vzw aforementioned, which shall be entitled to collect the outstanding amounts through all means of law.”
7.5 Failure to pay bills shall not carry with it a presumption of resignation as a member of VYNieuwpoort. Under no circumstances can membership be revoked as long as the boat is located, either voluntarily or through the exercise of the lien by VYNieuwpoort, either in the harbor or on the premises of VYNieuwpoort.
RESIGNATION
Membership in VYNieuwpoort may be terminated by :
8.1 Resignation by the member, given in writing and accepted by the Executive Board. This acceptance can only be given if the member has fulfilled all financial obligations towards VYNieuwpoort and has removed his boat from the harbor and/or the premises.
8.2 If a joining member of the association, directly or indirectly causes damage to the association, its staff or other members of VYNieuwpoort vzw, this member can be either immediately dismissed by the board or denied a berth for the following year.
This also applies to the violation of any of the previous articles:
- Theft or vandalism
- General improper conduct
- Non-payment
JURISDICTION
The members acknowledge that in case of dispute regarding membership in VYNieuwpoort, the rights and obligations arising therefrom, the application of the internal regulations, accounts and payments, only Belgian national and Flemish Community law shall apply and only the Vredegerecht (justice of the peace court) of Nieuwpoort and/or the courts of Veurne shall be competent to take cognizance of any disputes.
COMPETITIVE SAILORS
Racing sailors with a permanent mooring and who sail with the flag and under the name of VYNieuwpoort vzw, can obtain the following, provided that they announce and hand over the race results at the latest 14 days after the race sailed: Free of charge one crane handling of the racing boat including hosing down, all this before the race in question. In case of abuse, this benefit will be cancelled.
Integrity Contact Point (API)
Sofie De Rous (see organizational chart) is our Integrity Contact Point (API).
As a member of the Vlaamse Yachthaven Nieuwpoort, or a student or instructor at the Vlaamse Vaarschool, you can contact her with a question, suspicion, or complaint about transgressive behavior. To do so, send an email to sofie@vynieuwpoort.be, or call our general number 058 23 52 32 and ask for Sofie. As API, she listens to your question or story, handles your report with full discretion, and provides advice on possible follow-up steps or referrals.
Would you prefer to make a report to another person? Then you can contact an independent body such as the Vlaams Meldpunt Grensoverschrijdend Gedrag (Flemish Hotline for Transgressive Behavior). The Flemish Hotline listens to your story and helps you figure out what steps you can take. Reporting can be done live by appointment, by telephone, via chat, or email. The staff handle your report in full confidence and are bound by professional secrecy.
