ANNUAL BERTH HOLDER TERMS

These Annual Berth Holder Terms supplement the Docky General Terms and apply to annual, seasonal or long-term berth holders participating in a Marina-Managed Berth workflow. They do not govern a Direct Listing made by a person acting as the lawful direct berth provider.

Your role is to declare a genuine period when your vessel and berth are expected to be absent/available. You do not, merely by using Docky, lease, sublease, license, assign or transfer the berth or your marina contract to a Visitor.

The Marina/Port Operator remains the sole operational authority and retains final control over access, berth assignment, vessel eligibility, documents, insurance, safety, check-in/out, cancellation, movement and reassignment. Your action in Docky cannot override its decision.

Your declaration authorizes only the marina-approved workflow. Final temporary occupancy is controlled by the Marina/Port Operator under its own legal authority, rules and contract. Participation gives you no new property or port-control right.

Participate only if you are the lawful berth holder or an authorized representative and participation is permitted by your marina contract and applicable law. Keep your contact, vessel, berth and marina information accurate.

Declare only genuine periods during which the berth is expected to be available for the entire declared period. Promptly update or cancel an absence if plans change, you return early, maintenance is scheduled or the berth otherwise becomes unavailable.

A typical workflow may include your absence declaration, Visitor documentation, compatibility screening, presentation of a compatible request where the marina workflow requires it, transmission to the Marina/Port Operator and final marina approval. The exact sequence may vary by marina.

If you need to return early, update Docky and contact the Marina/Port Operator promptly. Do not remove, move or displace a Visitor yourself. The Marina/Port Operator determines the operational solution.

Docky does not owe or guarantee you a payout, rental income, revenue share, minimum saving or reduction in your annual berth fee merely because you declare an absence or a Visitor uses the berth.

Any rebate, credit, incentive, discount, subscription reduction or other economic benefit offered to you is determined solely by the Marina/Port Operator under its own program, rules or agreement with you. The marina may take into account participation, actual utilization, revenue generated, operational costs or other criteria of its choosing, subject to applicable law.

Docky may provide the technical workflow, usage records or calculations needed to support a marina program, but Docky does not set, promise or guarantee the amount or timing of any benefit unless Docky expressly enters a separate written obligation.

Maintain all insurance required by your marina agreement and applicable law. Docky does not insure your vessel, berth rights, property or participation and does not guarantee Visitor insurance coverage.

Comply with marina rules and law; declare only genuine absences; do not grant port access or marina credentials; do not represent that you hold authority reserved to the Marina/Port Operator; do not circumvent applicable Docky or marina controls; and do not provide false or unauthorized information.

The Visitor remains responsible for the Visitor's vessel, crew, guests, navigation, mooring and conduct. Report suspected damage or violations promptly to the Marina/Port Operator and Docky. Docky may facilitate evidence exchange but does not guarantee insurance recovery or collection.

Docky does not guarantee that an absence will generate a request, Booking, marina revenue, subscription reduction, credit, saving or particular Visitor.

Docky or the Marina/Port Operator may suspend participation for inaccurate declarations, fraud, misuse, safety risk, legal issues or violation of applicable terms. Ending Docky participation does not automatically amend or terminate your underlying berth contract.

The General Terms' disclaimers, liability, indemnification, privacy and dispute provisions apply. Docky may process and transmit absence, berth, contact and Booking information as described in the Privacy Policy. Disputes solely between you and the Marina/Port Operator remain subject to the relevant marina contract and applicable law.

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