Royal Phuket Marina’s By-Laws
Phuket’s Only 5 Gold Anchor Certified Marina!
The Marina By-Laws serve as a guideline for Marina users. They are subject to change from time to time without prior notice. Berth holders, owners, users, crews and skippers (hereinafter referred to as the “Licensee”) are required to read thoroughly and fully understand the Royal Phuket Marina’s Laws, copies of which are included in the welcome package which you received when you checked into the marina.
General Conditions & rules
1 Marina
The Marine Department of the Royal Phuket Marina Co., Ltd. shall be responsible for all marine related matters. The Marina Manager / Dockmaster shall be responsible for the day-to-day running of the Marine Department. All vessels and vehicles at the marina or premises may be moved to any other part of the same Marina or premises as directed by the Marina Manager / Dockmaster should the necessity arise.
No guarantee or condition or warranty or representation is given by the Marina for the suitability of any berth, structure, gear or other facilities provided.
The Marina cannot accept responsibility for disturbance, noise, dust, and any other inconvenience suffered by owners on accounts of building and/or maintenance work carried out at the premises or on land adjoining thereto.
2 Boat Register
All boats kept at the marina must be registered with the Marina in a boat register.
The register shall contain the following information:
- Name(s) of the registered owner(s) as per the vessel’s registration
- Telephone numbers of the owner in case of emergency
- Name of boat
- Copy of valid boat license for Thailand-registered boats
- Copy of valid boat registration
- Crew details: Is the crew staying on the boat or accessing the marina in the Licensee’s absence?
- Engine and fuel type
- Beam, draught and length overall (as measured by Marina)
- Proof of valid insurance certificate as per Marina requirements
- The Marina Manager / Dockmaster shall have the discretion to register or refuse to register a boat at the Marina.
Boats not registered with the Marina office may use the premises or facilities only with the permission of the Marina Manager and on such terms and conditions set by the management of Royal Phuket Marina Co., Ltd.
3 Use of Marina
The Marina shall not be liable, whether in contract, tort or otherwise, for any loss, theft, or any other damage of whatever nature caused to any vessel or vehicle or other property of the Licensee or others claiming through the Licensee except to the extent that such loss, theft, or damage may be caused by the negligence or willful act of the Marina or those for whom the Marina is responsible.
The Licensee shall indemnify the Marina against all loss, damage, costs, claims or proceedings incurred by, or instituted against the Marina or its employees or agents which may be caused by the Licensee vessel or vehicle or by the Licensee, his servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or willful act of the Marina or those for whom it is responsible. The Licensee shall not allow any other person to use his mooring, shed or open space without the permission of the Marina Manager. The Marina Manager may impose such terms and conditions for the use of the mooring, shed or open space.
4 Wet Berths
The licensee shall seek advice from the Marina Manager / Dockmaster on the availability of berths before occupying the berth in the marina and shall sign the Berthing Registration Form and the Berth License Agreement. This License is granted for leisure purposes only unless otherwise authorized in writing by the Marina Manager.
The Marina office shall determine the berthing charges payable by Licensee from time to time.
Multihulls will be charged 2 times the scheduled rates.
The Licensee must not moor other vessels which are not registered with The Marina Office at the assigned berth, including sub-leasing the berth with others.
The licensee shall leave a cabin entrance key and engine key(s) for his vessel at the Marina office. (This is to enable the vessel to be accessed in the event of an emergency, e.g. fire)
The Licensee shall ensure that their vessel is moored in a safe, proper and seaman-like manner and shall ensure that no loose ropes are allowed to obstruct in any way the berths or pontoons and that all halyards, lines, ropes, rigging and sheets on their vessels are secured so as not to create a nuisance for others. In cases where the Marina Manager considers mooring lines or fenders to be inadequate or in unsatisfactory or unsafe conditions, he shall be entitled to authorize replacements of such mooring lines or fenders in the interest of the safety of the vessel. Any charges incurred resulting from such replacements will be for the Licensee’s account. Prior to taking such action, however, the
The Marina Manager will endeavour to contact the Licensee if the vessel’s safety is not considered to be in immediate jeopardy.
The licensee shall not hang up or permit or suffer to be displayed clothing, linen or articles on or about any vessel berthed at the marina in such a manner as to be visible to the other persons in the marina.
Children entering the marina must be accompanied by an adult who shall be responsible for their care and safety at all times.
The licensee shall notify the Marina Manager/Dockmaster should they intend to leave the berth vacant for an extended period.
In the event the licensee decides to vacate the berth before the contract expiration date, they are required to notify the Marina Manager of their intention. It is important to note that, in such cases, the licensee is not permitted to utilize any credited days or seek a refund for any unused days allowed under the contract terms. The credits and unused days are considered forfeited upon early termination of the agreement. Please ensure timely communication with the Marina Manager regarding any changes to the occupancy of the berth.
Boats under power passing berths, slipways, or the fuel jetty are to do so at speeds that will not create such a wake as to endanger other boats using the marina facilities. The speed limit for each boat shall be such speed as does not create a wake or 3 knots, whichever is the lesser. Licensee shall be responsible for any damage caused by their wake and wash of their vessels whether intentionally or unintentionally caused, or arising from their negligence.
When entering or leaving the Marina, the vessel shall keep to the starboard side of fairways and/or entrances to fairways and keep clear of other boats.
The Licensee shall not use a boat in the marina in a dangerous or careless manner or without all reasonable consideration for other persons or boats in the vicinity.
No vessel shall proceed under sail within the Marina premises.
A person shall not without authority berth, anchor or beach any boat, or cause any boat to be berthed, anchor or beached, or leave any boat unattended in the marina other than at a place set apart for such use.
No mooring or weighted object shall be placed anywhere in the marina without prior permission from the Marina Manager / Dockmaster.
Swimming, fishing, diving and underwater activity are prohibited in the marina without prior permission from the Marina Manager / Dockmaster.
Placing fishing traps, nets, etc., in the marina is prohibited. If found they will be confiscated.
No oil, fuel, paint, chemical, pollutant, dangerous, inflammable, poisonous or obnoxious substance shall be discharged or deposited into the marina or its vicinity.
Except in the case of vessels having a re-circulating or holding tank lavatory system, lavatories aboard vessels shall not be used whilst the vessel is at the premises. The Marina provides pump-out services at the fuel dock and lavatory facilities at the abutment.
No Licensee shall leave his boat unattended while it is in such a position as it will prevent or obstruct any other boat’s movement.
Vessel tenders and dinghies should be stowed on board when not in use, and those left afloat should be restricted to the limits of the berth. Tenders to boats berthed in the marina shall not be stored on the pontoons, fingers, ramps or walkways. They shall not be stored in the hardstand area unless permission has been obtained from the Marina Office. All tenders stored at the hardstand will be charged as per the scheduled rates.
The Licensee shall take particular care to ensure that his shore-power connection is properly wired and connected. It is strictly prohibited to alter and/or modify the electrical pedestal. The Licensee shall be responsible for any damage caused to the electrical facilities due to poorly executed or negligent connections.
The Licensee is to ensure that his water hose is kept neatly coiled on the pontoon finger and not left in such a manner as to cause an obstruction or danger to other marina users.
Rubbish is to be disposed of in the containers provided. Any waste oil is to be placed in a properly sealed container and taken directly to the allocated oil disposal area located in the Hardstand. Waste oil is not to be placed in the rubbish bins.
No fires for barbecues or otherwise are allowed without prior permission from the Marina Manager / Dockmaster and shall be carefully controlled at all times so as to ensure that they do not cause any nuisance or annoyance to any other users of the marina or premises or any person residing in the vicinity.
The Licensee must not leave reserve fuel tanks on the pontoons or finger piers. In the event that reserve fuel tanks are left unattended, such reserve fuel tanks will be considered disposed of and will be removed from the pontoons or finger piers for disposal. Any removal expenses will be the Licensee’s responsibility. The marina shall be absolved from all responsibility for loss or damage resulting from such removal.
No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the marina or premises so as to cause any nuisance or annoyance to the Marina, to any other users of the Marina or premises or any person residing in the vicinity and the Licensee undertakes for himself, his guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid.
No work shall be done to any vessel whilst at the Marina or premises (unless with the prior written consent of the Marina Manager/Dockmaster which may be withheld at its sole discretion), other than minor running repairs or minor maintenance of a routine nature carried out by Licensee or the authorized Boatman/Crew.
Pets must always be kept on a leash, and owners are responsible for cleaning up after their pets.
The Licensee shall take all necessary precautions against the outbreak of fire in or upon his vessel. The Licensee shall provide for and maintain the number of fire extinguishers as stimulated by the boat license or registration, of an approved type and size in or on the vessel fit for immediate use in case of fire. The licensee shall not refuel vessels in the marina or anywhere on the premises other than at the designated Marina refuelling facilities.
5 Insurance
At all times while the vessel is in the marina or handstand, the Licensee shall obtain and maintain adequate Third Party Liability insurance for the vessel where proof of insurance cover can be presented to the Marina Manager/Dockmaster on demand. The minimum required third-party cover is US Dollars $ 100,000. For vessels without insurance, an indemnity undertaking will be executed and held in place until such time that adequate insurance cover is produced.
6 Berthing Rates and Charges
The ‘Berthing Rates and Charges’ are displayed on the marina notice board located in the Marina office and may be amended from time to time without prior notice. The overall length will include all davits, pushpits, pulpits, and bowsprits for calculation purposes. Berthing charges may be by boat length or berth size but, in any case, will be the longer of the two and rounded up to the nearest 1/10 Meter.
7 Seaworthiness
All vessels in the marina shall be in seaworthy and good condition, well-maintained, and always kept clean and tidy.
Vessels considered by the Marina Manager to be un-seaworthy and/or likely to be in danger of sinking must be removed immediately from the marina to a service facility for repairs. Should it be deemed necessary for the Marina Manager, in his sole decision, to decide to remove a vessel, such removal will be carried out at the Licensee’s risk. The Marina Manager and/or towing company shall be absolved from all responsibility for loss or damage resulting from such removal, although reasonable care will be exercised in such circumstances. Any cost and expense incurred from this removal will be the response by the Licensee.
8 Fueling of Vessels
The Licensees’ ultimate responsibility is to ensure the fuel attendant dispenses the correct fuel type into the correct receptacle, for example, fuel to the fuel tank and water to the water tank.
- No smoking is allowed during the refuelling or on the fueling dock.
- With regard to boats kept on Hardstand, requests for fuel shall be made at the time when launching is requested.
- No power-driven vessel shall have any motor running while refuelling at the fuelling point or anywhere on the premises.
- No petrol, oil or other flammable liquid, or any petrol, oil or similar soaked material of any description shall be discharged or thrown into the water from any vessel in the marina.
- No vessel shall be left unattended with its engine running while at the fueling dock.
9 Anti-pollution measures
The Licensee, marina users and visitors shall adopt and comply with anti-pollution measures by not pumping contaminated bilge water or fuel into the sea. The Licensees found guilty of such indiscretions will be reported to the relevant competent authorities and the Licensee or vessel owner may be subject to a fine or criminal charge from the environmental or relevant competent authorities. Any costs and/or expenses incurred by the violation or breach of this Clause shall be entirely paid by the Licensee.
The Licensee or vessel owner may be subject to a fine or criminal charge from the environmental or relevant competent authorities. Any costs and/or expenses incurred by the violation or breach of this Clause shall be entirely paid by the Licensee.
10 Hardstand
The licensee must sign the haulout contract before any lifting or launching with the travel or other marina equipment used in the Hardstand.
The licensee is required to use the cradles supplied by the marina to block any boat kept in the Hardstand. Any damage caused to the cradles by the Licensee, his agents, crew or guests will be the responsibility of the Licensee.
The Licensee, his agents, crew or guests are not allowed to move, adjust or remove any of the cradle equipment used to block a boat. Only the Marina staff are allowed to move or adjust the cradles or any boat support equipment.
No work shall be done to any vessel whilst at the Hardstand or premises unless with the prior written consent of the Marina Manager/Dockmaster, which may be withheld at its sole discretion, other than minor running repairs or minor maintenance of a routine nature carried out by the Licensee or the authorized Boatman/Crew.
The licensee is held responsible for the cleanliness of the area occupied by the Hardstand. No storage of flammables, chemicals or other hazardous materials is allowed on the Hardstand.
The licensee is required to restrict working hours for any machinery, tools or equipment that may disturb others in or around the Marina and Hardstand to 0830 to 1730.
Licensee is required to obtain in writing permission for any contractors accessing the boat in the Hardstand. Contractors without a valid “Contractor Pass” will not be allowed into the Marina and may not be brought into the Marina by the Licensee.
11 Boatman / Crew / Passengers
On arrival at the marina, the Licensee is required to declare all Boatman/Crew/Passengers. Failure to register Boatman/Crew/Passengers will result in them being denied access to the marina, hardstand and premises.
If the Licensees wish their Boatman/Crew/Passengers to have independent access to the marina, they must obtain a pass for each Boatman/Crew/Passenger. Application forms for this purpose can be obtained from the marina office. Passes will be issued at the sole discretion of the marina office, subject to the payment of an applicable fee.
Boatman/Crew/Passengers without passes must be accompanied by the Licensees to access the marina and/or the berth. Passes are not transferable and must be presented by the marina or security staff upon request.
Boatman/Crew/Passengers must be neatly and appropriately dressed. Passes may be cancelled by the marina management if, in the opinion of the marina management, Boatman/Crew/Passengers perform any misconduct or fail to observe these By-Laws.
If any Boatman/Crew/Passenger ceases to be employed or authorized by the Licensee, the said Licensee shall immediately notify the marina office and return the Pass to the marina office.
If a Pass is lost, the Licensee must immediately report such loss to the marina office. A letter stating the circumstances of the loss must be produced, and a new crew identity pass may be applied for. The issuance of replacement Passes will be issued at the sole discretion of the Marina Manager/Dockmaster and subject to the payment of the application fee.
The Licensee who so employs or authorizes a Boatman/Crew/Passenger at the Marina shall not only be responsible for ensuring the Boatman/Crew/Passenger fully understands such applicable regulations and Bye-Laws with which he is required to comply but shall be held fully responsible for any acts or omissions of his Boatman/Crew/Passenger at the Marina, Hardstand and premises.
12 Contractors and Casual Workmen
Contractors must report to the marina office and obtain a “Contractors Pass” prior to entering the Marina or Hardstand. Passes will be issued at the sole discretion of the Marina Manager/Dockmaster subject to the payment of the applicable fee and signing of the Contractors Agreement.
Contractors with valid “Contractor Pass” may only enter the Marina or Hardstand through the Security Post next to the Marina Office after producing their valid pass and signing into the designated log book.
Contractors must carry their Contractor Pass with them at all times and are required to produce it on demand to any of the Marina or Security staff.
If the “Contractors Pass” is lost the Contractor must immediately report such loss to the marina office. A letter stating the circumstances of the loss must be produced and a new ”Contractor Pass” may be applied for. The issuance of the replacement “Contractor Pass” will be issued at the sole discretion of the Marina Manager/Dockmaster and subject to the payment of the application fee.
Contractors shall indemnify the Marina against all loss, damage, costs, claims or proceedings incurred by, or instituted against the Marina or its employees or agents which may be caused by the Contractors vehicle and equipment or by the Contractor, his servants, agents, or those for whom it is responsible.
Subject to the approval of the marina management, only minor repairs are allowed to be carried out in the marina. No welding is allowed on any vessel on the pontoons. All Contractors must obtain a “Contractors Pass” before conducting work of any type in the Marina or Hardstand.
13 Other facilities
Details of operators or service providers that can provide other facilities and/or services can be obtained from the marina office during office hour including boat deliveries, charter, brokerage and boat management.
14 Defaults in payments
In the case that the Licensee fails to pay any berthing, electricity, water or other charges invoiced by the Marina, the marina management, after sending a notification to the Licensee, shall be entitled to discontinue any services including provision of all utilities until the amount(s) due are fully paid. For any amount unpaid, the Licensee shall pay the interest at the rate of one (1) per cent per month on the unpaid amount(s) from the date the amount is due until the unpaid amount is actually received in full by the marina management.
In addition to any other right or remedy of the Marina hereunder in the event of the Licensee being in default of any his obligations under this By-Laws, failing to remedy such breach within 30 days of the date of service of a notice from the Marina specifying the ground or grounds on which notice is given then at the expiration of the 30-day period the Marina may (but without any obligation to do so) without further notice remove the Boat from the Premises and recover the cost of removal and all other costs reasonably incurred from the Licensee. The Marina may place and maintain on the Boat removed pursuant to this clause such number of custodians as may be necessary in the circumstances. The Marina may at any time thereafter offer the Boat for sale by public auction or private contract and apply such of the proceeds of any resultant sale first in satisfaction of the Marina’s costs incurred in the removal and storage including administrative expenses and the costs of providing custodians, secondly in and towards the satisfaction of any debts or liabilities owed by the Licensee to the Marina and thirdly to the Licensee or any person entitled thereto. The Marina may also take possession of the berth or space allocated to the Licensee for the Boat and give a license thereof to any other person.