Club Rules

INTERNAL RULES

The Vlaamse Yachthaven Nieuwpoort vzw, hereinafter referred to as VYNieuwpoort, is a water sports association and an integrated club of the WWSV federation recognized by the Flemish Community, Sport Vlaanderen.

These rules of internal order can be amended at any time, the most recent and therefore valid is always available for inspection at the secretariat. Changes will be announced in advance.

VYNieuwpoort is apolitical and Flemish and strives for a further spread and democratization of water sports in its totality.

The Executive Committee :

• Managing Director: Maarten Desloovere CMM
• Responsible for Flemish Yachthaven Nieuwpoort vzw: Maarten Desloovere
• Responsible Flemish Sailing School: William Gijbels
• Responsible for Aan de plas, Bruges: Caroline Uyttendaele

Secretariat: Ben Siffer, William Gijbels, Sofie De Rous and Maarten Desloovere

1. MEMBERS

1.1 By joining VYNieuwpoort vzw as a member/visitor, the boat owner acknowledges to have taken note of the rates, the internal regulations, the rights and obligations provided for in the internal regulations, and declares to fully and explicitly agree with them.

1.2 You can only become a member of VYNieuwpoort by signing the application form. Membership only becomes effective after acceptance of the candidacy by the Executive Board, this is confirmed by sending the invoice and payment of the membership.

1.3 By signing the application form, the candidate member subscribes to the internal regulations and their extensions, which are available at all times on the secretariat and on the website www.vynieuwpoort.be. The Dutch version is decisive.

1.4 The candidacy as a member can be accepted if all legal and statutory requirements are met.

(a) Each candidate main member-boat owner shall, to the extent that the law and/or decree will provide for this, and/or provides for it, must show that he meets the legal requirements (licenses, registration, flag letter, etc…) to command a sailing or motor yacht. This obligation remains, and the necessary documents will have to be submitted if the member becomes the owner and/or skipper of another vessel for which other legal requirements apply.

1. b) Each boat owner (member/visitor) must show that his/her vessel is validly insured for civil liability (damage to third parties) and accidents on board, including damage and/or injuries to those on board, as well as that the vessel is insured for salvage. The proof of this insurance must be submitted spontaneously and on the initiative of the boat owner every year when submitting the re-application for the berth.

1.5 In the event of co-ownership of a vessel, one owner will act as the main responsible party in relation to VYNieuwpoort. He pays the membership and/or mooring fees and other costs related to the boat. The other owners must become sympathetic members.

1.6 The members will behave with dignity and they are responsible for order and cleanliness on the jetties and the grounds.

1.7 A member is responsible for his invitees. Invited guests who come several times a season must become a member of the association.

1.8 Every member is obliged to fly the VYNieuwpoort club flag on his vessel.

1.9 Each yacht in the harbour is under the command of the owner who is also the main member of the club. He or she is responsible for everyone who stays on their boat.

1.10 The member agrees that the summer berths or pitches and the costs thereof apply from 01/04 to 31/10 of each year and the costs of the winter berths or pitches apply from 1/11 to 31/03 of each year. These costs are fixed and under no circumstances can be converted into periods.

Anyone who is still in the respective places after these periods is considered a temporary member and is therefore charged.

1.11 Only a member of VYNieuwpoort and therefore his or her domiciled family is entitled to an access badge to the jetties and/or the grounds. It is forbidden to issue this badge to non-members at any time.

1.12 Children of members who are domiciled with the main member are covered by the membership if known by the association and this up to and including the age of 25 years. They are automatically co-insured under the federation and can thus obtain a competition license. The main member is responsible for passing on his or her details to the association spontaneously and correctly.

2. MOORINGS

2.1 It is only up to VYNieuwpoort, pursuant to agreements and agreements with the administrative authority, to allocate the individual berths. The members must therefore fully and immediately comply with the guidelines of the daily board and the appointee of the club.

Pursuant to the agreement with the Flemish Community, VYNieuwpoort vzw, as a sports club, can only grant berths to sailing ships. A boat that does not sail and/or would only serve as overnight accommodation does not belong in our marina.

2.2 The berths are granted annually, a member can only be allocated a berth after completing the re-application form annually and fulfilling his financial obligations, both within the set periods. The term winter season or summer season can hit both on the property and in the water.

2.3 Moorings, standing places, membership and mooring fees cannot be transferred or sold. The seller of the boat with a berth or standing place informs the prospective buyer of this.

2.4 The secretariat will be notified immediately upon sale of the boat. The boat will only change hands for VYNieuwpoort if the buyer has concluded a contract with VYNieuwpoort in the form of membership and to present the contract between buyer and seller.

2.5 Refunds of mooring fees and reserved berths or pitches cannot be considered. Reserved berths that have not been taken can be temporarily assigned to other members and/or visitors by the board.

2.6 If circumstances require it, ships can be relocated or moved by order of the club board, the harbour master or public services, at the expense and risk of the boat owner.

2.7 For new permanent berths, those who do not yet have a permanent berth in the port have priority over those who already have 1 or more permanent berths.

2.8 Commercial organisations that have more than one boat in the harbour pay the basic membership and membership with berth per boat. An entry fee is also charged for each new boat that is registered under the same organization, just like for private individuals with a second, third, … boat. Private individuals are exempt from the basic membership when a second boat is registered under their name.

2.9 Members can only place materials on or near the jetty with the permission of the daily board and may not obstruct the passage. They must not damage the infrastructure of the port. During the winter or if not used for more than 2 months, these constructions must be removed on your own initiative. VYNieuwpoort can never be held liable for the loss or disappearance of these objects. (Non-exhaustive examples: mooring lines, boxes, kayaks, fenders)

3. CONDUCT IN PORT

3.1 Ships must be moored at the place designated by the board or the harbour master and in accordance with good seamanship. Any damage will be recovered from the owner.

3.2 Members who leave their boat in port during the winter undertake to move their boat during the annual dredging works and this at the first call. If this does not happen, the boat will be moved at the expense and risk of the owner.

3.3 The water on the jetties is primarily drinking water. Its excessive use (rinsing of boats) must be avoided in periods of water scarcity (high season).

3.4 It is up to the boat owner to invite someone from the secretariat to view the electricity meter reading before and after each season. If the boat owner fails to do so, he/she has no recourse against the charged meter reading. Any electricity connection must be arranged in advance with the secretariat. The meter readings can be read at the secretariat.

3.5 It is forbidden to take electricity from a power supply that does not belong to you or your berth. Violation of this can lead to a dismissal from the port.

3.5 For ecological and safety reasons, it is forbidden to fill fuel in a place other than at the environmental pontoon/filling station. It is forbidden to leave the engine of moored vessels running continuously.

3.6 It is not permitted to make open fires on the boats, jetties and dikes.

3.7 The scaffolding must be accessible at all times, so nothing may be placed on the scaffolding itself and the access points must remain completely free.

3.8 It is forbidden to carry out works on the jetties that may contaminate or damage the jetties or boats such as, welding, fires, varnishes, etc…

3.9 Noise nuisance must be avoided at all times. Between 10:00 pm and 8:00 am, everyone’s peace and quiet must be respected. In the event of a complaint about unauthorised noise, a reprimand and even dismissal may be the result.

3.10 Each member must comply with the legal speed limits and must avoid making waves in the marina at all times.

3.11 Household waste, only from the boats, must be deposited in sealed bags in the compactors at one of the two recycling centres. Glass, paper and PMD must be deposited in the containers provided there. Oil can only be emptied in the container provided for this purpose in the boat parking area at 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, both on the headland and on the pontoons. Droppings are immediately removed by the owner.

Animals that cause a nuisance or do not meet these conditions will be refused entry to the port. In the event of non-compliance, the owner can be dismissed.

3.13 Advertising in and around the port is not permitted, except for certain events announced in advance to and with the written permission of the Executive Board.

3.14 Fishing in the harbour is prohibited.

3.15 Sandblasting of ships is prohibited throughout the marina area, including on the grounds.

3.16 Bicycles may only be parked in the parking spaces provided for this purpose. VYNieuwpoort provides rental of women’s, men’s, children’s bicycles and child seats while stocks last.

3.17 Boats using the VYN jetties must be well maintained and clean.

3.18 Fish caught may not be cleaned in the marina area.

3.19 If, for whatever reason, the Executive Board has to have members’ equipment moved in the marina area, this will have to be reimbursed by those members.

3.20 A complete sanitary installation is available to the users of the VYN marina who are in accordance with these regulations. The use of the toilet without shelter is prohibited in the marina. Extraction and collection for chemical toilet and oily water is provided at the floating filling station.

4. BOAT TRUCK – BOAT SEAT – TRAILERS – TERRAIN

4.1 VYNieuwpoort has installations for the removal and relaunching of vessels. It also makes land and chairs available to members for the salvage of boats. Crane operations are carried out exclusively by VYNieuwpoort. The place where the crane oars are placed on the ship is determined by the owner in consultation with the crane operator, but is ultimately the responsibility of the owner of the vessel. Neither the crane operator nor an employee of VYNieuwpoort can be held responsible for this. The rates for the use of these facilities are set annually and are available from the secretariat. The boat owner must make an appointment at the secretariat if he/she wants to have a boat operation carried out. If an appointment for a boat operation is not respected and has not been cancelled by the boat owner, at least 12 hours before the operation, a fee will be charged. This cost for that cancellation will be half of the normal action requested.

4.2 The winter storage on the sites is out at the latest, first in principle. Anyone who books out the crane operation after 1 November must count on a launch in the first half of March. If the boat still has to remain on the site, a relocation fee will always be charged and this can only be carried out if there is a possibility to do so.

4.3 The storage areas are closed and only accessible with a membership card that is available at the secretariat.

4.4 There is a special rate for services in the port and on site. It is available at the secretariat and on the website. This includes moving or towing the boat, crane work, mast work.

4.5 Damage or soiling of boat seats and boat trucks due to painting and other work on your vessel must be compensated by the boat owner. The boat owner and anyone who carries out work on behalf of him or her will also take all measures to prevent soil contamination. All costs arising from the soil contamination caused and that need to be remediated will be payable by the owner to the Flemish Marina in Nieuwpoort or the competent remediation authority.

4.6 If you wish to use your own boat seat, you must first have it approved by our services, without this approval being able to imply any recognition or responsibility on the part of VYN-Nieuwpoort.

4.7 For boat trucks, boat seats, trailers, etc… that are on our sites, a fee must be paid.

4.8 Neglected and unidentified objects will be removed from our premises. The boats that are stored on the grounds of VYNieuwpoort vzw:

1. Will not have gas cylinders or other explosives on board
2. Iron all sails and remove them from the deck.
3. Remove and store all loose items on the deck.
4. Permanent winter canopies are strongly discouraged

Section 4.9. The owner of a vessel that is still on our premises after an uninterrupted storage of two winter seasons and one summer season, will have to pay an additional annual standing fee called “long-term storage”, equal to the applicable price of the crane operation of that year for the weight of the boat to which this standing fee relates. If a vessel has been on the site continuously for more than 7 years, you will be asked to remove this vessel from the site.

 

5. LIABILITY AND INSURANCE

5.1 VYNieuwpoort vzw is not responsible for any accidents, damage or thefts. Each boat owner signs, by submitting his/her candidacy as a member and/or his/her (re)application for berth, waiver of recourse for any damage whatsoever vis-à-vis VYNieuwpoort vzw and informs his/her insurer thereof. This indemnification applies to the berths in the harbour, pitches for vehicles and mobile homes on the grounds, the club installations on land (clubhouse, playground, sanitary facilities and any temporary installations such as marquees), the use of boat seats, the loading and unloading of the boats and the use of the grounds for the storage of boats and/or other equipment.

5.2 With regard to the grounds, the boat seats and boat trucks, VYNieuwpoort is not to be regarded as the custodian of the stored or transported boats, but only as the lessor of these facilities.

Each member must be insured for any damage that may be caused to his boat or other equipment when using these facilities (hull insurance) and any excess remains at his expense.

The boat owner is responsible for any person and his or her actions, whether remunerated or not, who have works carried out on his/her boat. Proof of these insurances must be submitted for any treatment with our facilities. Each member must check himself, and at his own responsibility, whether his boat is indeed stored and thereby exempts VYNieuwpoort from any responsibility for damage to his own ship or that of third parties. Any remark regarding the salvage (both chair and way of placing the boat) must be submitted in writing to the board within three days after the salvage. If there are any comments about the way of loading and unloading the boat, the member must report this in advance and at the latest at the time of the act itself. In the absence of comments within these periods, the member is deemed to agree with the chair used and the method of storage.

As a member of VYN and therefore also registered with WWSV, you are insured against accidents and civil liability while practicing our sport.

The insurance is twofold:

• the insurance provides coverage in L.O. (Personal injury of the athlete)
• A. (Bodily injury to third parties and material damage to third parties with the exception of sports equipment)

6. MISCELLANEOUS

6.1 If one leaves the port with his boat for more than one day, the boat owner must inform the harbor master how long his boat will not be in the port. This can be done electronically or by telephone.

6.2 Every boat owner is obliged to give the correct dimensions of his boat, i.e. the length over all and the width over all. Changes in this or in the address or the 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.

6.4 Electric charging of boats is possible via the facilities on the jetty. During loading, someone must be present on board at all times and the electrical installation of the boat must be approved.

6.5 Electric charging of cars for non-members is possible at the Nautical center and the sanitary facility. Charging for members is possible in the member car park. The charging places are reserved for cars that can charge electrically and may not be occupied for more than 8 hours. When the car is full, it must be moved within a reasonable period of time.

7. PAYMENTS

7.1 By the mere fact of membership and/or application for berth, each member/visitor accepts the rates set by the board for the membership and/or mooring fees, the consumption of water and electricity, the operating costs, the use of installations of VYNieuwpoort vzw, the interventions of the staff for the relocation or relocation of boats and what costs that the board would think it should charge to ensure the proper functioning of the association. insurance.

7.2 Each member-boat owner is obliged to strictly comply with the financial and/or tax obligations levied by the government on the ownership of a vessel and/or the use of the port facilities.

7.3 All invoices issued by the VYNieuwpoort vzw must be paid punctually on the due date. Any bill not paid on the due date will be increased by operation of law and without a notice of default being necessary, with a fixed and irreducible compensation of 10% with a minimum of EUR 125.00. In addition, any invoice not paid on the due date will automatically and without the need for a formal notice yield a conventional interest rate of 1% per month from the due date until the date of effective and general payment.

7.4. By signing the membership and/or applying for a berth, the boat owner expressly gives PRIVATE POWER OF ATTORNEY to the VYNieuwpoort vzw to take the pleasure boat out of the marina or to evict it from the boat parking due to non-settlement of one or more account(s) by their due date. VYNieuwpoort vzw will send a registered notice of default to the boat owner before proceeding with this. If VYNieuwpoort vzw does not receive full payment within a period of 2 months after the date of sending the registered notice of default, the vessel can be taken out of the marina or removed from the boat parking without further notice.

The boat owner also expressly gives VYNieuwpoort vzw PRIVATE POWER OF ATTORNEY to either sell the pleasure boat publicly or by hand at market value in the event of persistent non-payment. Persistent non-payment will occur when one or more invoice(s) has still not been paid more than 6 months after the due date. VYNieuwpoort vzw will give the boat owner a registered notice of default before proceeding with the sale. If VYNieuwpoort vzw does not receive full payment within a period of 2 months after the date of sending the registered notice of default, the vessel can be sold publicly or privately without further notice.

If the sale, after deduction of the amounts due, the administrative costs incurred (including registered mail), the costs for removing the vessel from the marina or from the boat parking and the costs of the public or private sale will show a positive balance, the balance will be deposited into the account of the boat owner known to VYNieuwpoort.

If the sale would result in a negative balance after deduction of the amounts due in the aforementioned paragraph, the boat owner will owe this negative balance to VYNieuwpoort vzw aforementioned, which will be entitled to collect the outstanding amounts by all means of law.”

7.5 Failure to pay the bills does not imply a presumption of dismissal as a member of VYNieuwpoort. Membership can under no circumstances be revoked as long as the boat is either voluntarily or through the exercise of the right of retention by VYNieuwpoort, either in the harbor or on the grounds of VYNieuwpoort.

8. DISMISSAL

The membership of VYNieuwpoort can 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 harbour and/or from the grounds.

8.2 If an acceding member of the association, directly or indirectly, causes damage to the association, its staff or other members of VYNieuwpoort vzw, this member can either be dismissed immediately by the board, or denied a berth for the following year.
This also applies to the infringement of one of the previous articles:

• Theft or vandalism
• General Illicit Behavior
• Default

9. JURISDICTION

The members acknowledge that in the event of a dispute regarding the membership of VYNieuwpoort, the rights and obligations arising from it, the application of the internal regulations, the accounts and payments, only Belgian national and Flemish Community law will apply and only the Justice of the Peace of Nieuwpoort and/or the Courts of Veurne will be competent to hear any disputes.

10. COMPETITIVE SAILORS

Racing sailors with a permanent berth and who sail with the flag and under the name of VYNieuwpoort vzw can obtain the following, provided that the race results are announced in advance and handed in at the latest 14 days after the race: Free one crane operation of the race boat including hosing down, all this before the relevant race. In the event of abuse, this benefit will be removed.