1. Background

Boat and leisure Olav Grønås  (hereafter landlord) offers rental of mooring in the fishing port. The provisions of this document apply as standard terms for the tenancy between landlord and tenants, and are included as part of the "Agreement on renting a berth in the fishing harbor". The terms only regulate the private law relationship between the parties, and do not concern Båt & Fritid´'s public duties, rights and authority under the Ports and Waterways Act of 17 April 2009.

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2. The mooring

2.1 Allocation, takeover and change of berth

Allocation of space is made continuously by the landlord. Each berth is marked with its own berth number. If the tenant changes boat, and there is no available berth for the respective size, the tenant can not demand to be allocated a new berth. The tenant can not move outriggers or make other physical changes to the facility. If necessary, the landlord can order the tenant to change berths in the facility.

2.2 Requirements for condition and maintenance of berth

The landlord must ensure that the offered berth is in normal good condition. The landlord must provide the necessary maintenance as a result of normal wear and tear and aging. The maintenance responsibility does not include damage caused to the facility by the tenant and / or the tenant's boat.

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2.3 Requirements for the tenant's use of the berth

The lessee is obliged to supervise and moor the boat properly with fore and aft mooring, so that it does not cause damage to other vessels and / or jetty and quay facilities. The mooring must be carried out so that the piers are not exposed to jerky loads in the mooring brackets. Therefore, all moorings must be tight, and good quality strain reliefs must be used on all ropes. It is emphasized that in addition to current rules of order, it will be forbidden to use shackles / causers or other material that can damage galvanization at the mooring point on outriggers and otherwise in the facility. It is recommended to attach mooring ropes directly to mooring points on the facility. The tenant is also obliged to supply boats moored in the piers with a sufficient number of fenders so that they do not damage adjacent boats and / or piers. For safety reasons, it is not permitted to place moorings over the piers. It should only be moored in bollards or special mooring attachments, never in fender tables or edge safety tables on the piers. It must be moored so that it is not a nuisance or obstacle for other tenants in the facility. Unnecessary driving with the engine must not be done when the boat is moored. On sailboats, make sure that falls and the like are securely fastened, so that chatter in the wind is avoided.

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If a tenant is made aware by the landlord or the port's supervisor that the boat in question is not properly moored, this must be rectified immediately. For safety reasons, it is not permitted to store or store objects of any kind on the piers. Loose tampers should not be on the piers. This is removed without notice at the tenant's expense. Landlord is not responsible for loss of or damage to such items during the work of removing them. In the event of longer absence from the site, ropes must be placed between the outriggers to avoid unnecessary wear on these. Connection of power can only take place with approved equipment.

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2.4 Access to mooring

Unauthorized access.

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3. Rental price

Rental price terms are regulated in the Terms in force at any given time.

4. Restrictions

4.1 Limitation of right of disposal and lending The lessee may not transfer his right under this agreement. Short-term lending or subletting of the berth to others can not take place without the written consent of the landlord. By short-term is meant a period of a maximum of one month. The landlord is not responsible if the berth and / or power point is taken into use / possession by unauthorized persons. In such a case, however, the landlord will in the usual way enforce his position as owner, and take the usual steps to remove unauthorized persons.

4.2 Limitation of the landlord's responsibility

The landlord is not responsible for damage to the tenant's property caused by fire, theft or vandalism by or from other boats that are moored or are in storage in the harbor or from other sources. This applies unless the relationship can be directly traced back to a material breach of the landlord's obligations to the tenant.

5. Tenant's insurance obligation

The lessee is obliged to have his vessel insured, cf. "Agreement on renting a berth in the fishing port", section 5. The insurance shall also cover damage to other vessels and the lessor's port and pier facilities. The tenant is obliged to immediately report damage to the port and pier facility to the landlord.

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6. Order and waste

The tenant gets access to an environmental container in Fiskerihavna. Oily waste is delivered here (filter, lubricating oil etc). Combustible and food waste must be handled by the tenant himself. It must at all times be neat and tidy on the quays and outside the sea arches. The tenant is obliged to comply with the current public order regulations for the use of the port areas of Båt & fritid Olav Grønås

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7. Termination, default and default rights

7.1 Termination

Access to termination is regulated by "Agreement on rental of berth.

7.2 Default

Any breach of the obligations under the "Boat Rental Agreement" with associated standard terms is considered a breach. Failure to pay a deposit and rent and / or repeated breaches of the provisions of the "Agreement on renting a berth" with associated standard terms is regarded as a material breach.

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7.3 Right of retention and set-off

The tenant cannot withhold part of the rent in the event of the landlord's default. Only in the event of a material breach can the tenant withhold parts of the rent without this giving the landlord objective grounds for termination. The landlord can, upon termination of the lease, set off his own claims according to the "Agreement on renting a berth".

7.4 Lifting

In the event of a material breach, the landlord may terminate the "Agreement on rental of berth" with associated standard terms, and order the vessel removed, or remove it even if the order is not complied with, cf. terms and procedure in section 7.5 below. The effect of cancellation occurs immediately upon notification.

7.5 Obligation to remove vessels upon termination of agreement

The lessee is obliged to remove the vessel at the end of this agreement. The agreement is terminated either by termination or termination. If the owner does not remove the vessel at the end of this agreement, the landlord may remove the vessel at the owner's expense and risk. The tenant shall, after prior written notice to the tenant's address, be notified of the need for the removal and be given the opportunity to rectify the matter himself. In the event of removal of a vessel in accordance with this provision, the tenant will be required to pay compensation, corresponding to the landlord's expenses, damage and loss associated with the measure.

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