General terms and conditions regarding fixed boat berths within the Marstrand harbor area

Purpose

The purpose of this document is to clarify the rules for fixed boat berths within the Marstrand harbor area.

Objectives and direction

The objective is to create the conditions and governance required to comply with laws and requirements, and to maintain clarity regarding the general terms and conditions for fixed boat berths within the Marstrand harbor area.

Rules

1. To obtain the right to a fixed berth and/or a queue position, the berth holder must pay a fixed annual fee per calendar year to Kungälv Municipality, Harbor Operations.

The fees are determined by the Municipal Council of Kungälv Municipality.

2. The fee is paid in advance upon invoice sent in January and is due at the end of February. If the fee is not paid after a reminder, the right to the allocated berth and/or queue position is forfeited.

3. Upon allocation of a berth, the berth holder shall pay the full fee for the current year.

4. Ownership of a berth/queue position is personal and may not be transferred except to immediate family (spouse, partner, children), provided the person is eligible for a berth in Marstrand under the applicable regulations.

5. The berth holder must promptly notify the harbor of any changes to their details (name, address, email, phone number, type of boat, boat size, etc.).

6. The harbor operates a queue system for both new applications and berth changes. Queue positions are assigned based on the date of application. Applications must be submitted in writing or via the website.

To be eligible for a municipal boat berth in Kungälv Municipality, the following applies:

• The applicant must be registered as a resident and/or property owner in Kungälv Municipality and be over 18 years old.
• Legal entities operating in Kungälv Municipality engaged in professional activities*.
• Unless special reasons apply (e.g., business needs for a “private boat”), only one municipal berth per “household” (spouses/cohabitants) is allowed.

The allocation of additional berths depends on demand.

Other rules:

• Applications that are incorrect or contain false information may be rejected.
• Applicants must immediately notify any changes to the information used for queue registration.
• If the applicant cannot be reached at the provided address or phone number, they may be skipped in berth allocation and removed from the queue.
• The revised rules apply from 2019-01-01.

Existing berth holders retain their berths under previous regulations.

*Professional activity means that the boat/water-based activity constitutes a significant part of the company’s total income. The business must be a VAT-registered company in Kungälv Municipality. Each case is reviewed individually by the harbor.

7. Available berths are allocated based on queue time and requested area/size.

8. The harbor provides berths up to a maximum size of 12 x 4 meters and for boats with a maximum total weight of 8 tons.

9. When allocating berths through the queue system, Marstrand Harbor has the final decision on which boat is most suitable for the berth based on location (depth, size, etc.).

10. The boat’s total length (including extensions), width, draft, and weight must be specified in the application.

11. The berth holder may use the assigned berth in Marstrand Harbor until further notice in accordance with the allocation and applicable rules. The berth is for the holder’s own boat only.

12. The berth holder may not transfer or sublet the berth independently. Unauthorized transfer or subletting results in termination of the berth.

If the berth holder wishes to sublet, this must be handled through the harbor administration. Subletting is limited to a maximum of two years.

13. The harbor has the right to temporarily assign another berth if maintenance work is required.

14. The harbor may assign a different equivalent berth if required due to development, water area management, or major maintenance. The new berth must be used within one month of written notice.

15. If the berth is not used during a calendar year, the harbor may terminate the berth.

16. Overnight stays on the boat are only permitted in exceptional cases.

17. The berth holder is responsible for mooring equipment, which must be appropriate for the boat and berth.

Y-booms must be used on all pontoons and must be approved and properly installed. In some cases, alternative anchoring may be allowed. Buoys are not permitted.

18. Y-booms should be removed during ice risk and stored in designated areas. They must be labeled and may remain in municipal storage areas only until May 1 each year.

19. Y-booms left after this date will be removed at the owner’s expense.

20. It is not allowed to store dinghies, fishing equipment, Y-booms, etc., on the pontoons. Equipment must not extend over the dock. Bicycles, mopeds, and carts are not allowed.

21. The berth holder must maintain valid liability insurance at all times and be able to present proof of insurance.

22. The berth holder is liable for any damage caused to the harbor, third parties, other boats, or property.

23. The berth holder must follow instructions from the harbor and comply with local regulations for order and safety.

24. Failure to follow instructions may result in relocation of the boat at the owner’s expense or removal from the harbor.

25. If a boat sinks or becomes hazardous, the owner must act immediately. Otherwise, the harbor may take action at the owner’s risk and expense.

26. Either party may terminate the berth with one month’s written notice.

27. Violation of rules without correction within one month may result in immediate termination.

28. Written notices sent to the registered address are considered received three days after dispatch.