Insurance waiver required by Italian marina

[jerry_jones]

I have moored my boat in the new marina at Capo d'Orlando in Sicily on a 12 month contract and I have just become aware of an issue. They require a "waiver of recourse" for any claim against the marina or their subcontractors, which Pantaenius have never seen asked for before and tell me their hull insurers will not accept. Has anyone in here been asked for this by a marina, and how did your insurer react?

Anyone planning to sign a contract there should check with their own insurer and anyone there already insured with Pantaenius would be well advised to raise the matter with the marina, as I have already done.

From the marina's English translation of the contract, Article 8:

"ART. 8 — INSURANCE

The User shall insure the Vessel by arranging a policy that provides "compulsory third-party liability cover for boating' with a maximum of at least € 5,000,000, inclusive of a "third-party recourse for fire" clause with the same maximum. and giving a copy of the policy and its renewals to PTCO.
PTCO shall not be liable for any thefts, fires. damage or similar losses suffered by persons and/or possessions in relation to the Vessel, for which the User is the sole custodian, nor for any losses that may be suffered by the Vessel, its contents and/or its accessories due to atmospheric events. natural catastrophes or socio-political events.
Should the User intend to cover the Vessel with insurance for so-called "recreational vessel damage", the policy must contain an express waiver by the insurance company of any right of recourse, for damage to the Vessel or to possessions on board and/or inside the Vessel. against PTCO and/or any third parties to which the management of Capo D'Orlando Marina is assigned, sub-assigned or transferred on whatsoever basis in place of PTCO."

 

[Graham376]

Most marinas have an indemnity clause hidden in the small print in their terms and conditions which they use to try to wriggle out of any claims due to their negligence. I've never heard of one requiring a written waiver before and, not knowing anything about Italian law don't know if this would be considered reasonable. Personally, I wouldn't comply.

 

[RichardS]

We already have to have special amendments to our Policy covering the dinghy, the outboard and the boat engine which are only required by Italy and no-one else.

It reminds me of the company I used to work for which tried to open a branch in Italy but then gave up because the quantity of administrative red-tape was prohibitive. :ambivalence:

Richard

 

[AndrewB]

Dover Marina tried much the same some years ago. My insurers told me to move. I contacted other insurers - they said the same: even Bishop Skinner who the Marina manager claimed had approved this policy. So in effect no-one in the marina was insured. I've never been back since, but can only assume they have changed their position by now.

 

[jerry_jones]

I am told by someone currently there that they aren't trying to wriggle and are redrafting that clause to clarify exactly what they want.

 

[sailaboutvic]

Jerry , I think you and many of the other some I know personally need to get together and have it out with the management.
It's. A new marina and they want to fill it , that why they offering the three boats for the price of two offer ,
I would had tho if enough people complain and start asking for your money back , they will throw the clause out .
We was thinking about going there too I glad we decided not to as we are with Pants too .

 

[jerry_jones]

I'll post the revised paragraph when I see it. I think the management are genuinely happy to work with us to ensure that their contract is acceptable to insurers. The person who commented on my Facebook posting has spoken to their CEO, who is redrafting it to clarify I think it was intended to stop an insurer holding the marina or its subbies responsible for action by another boat's owner but the wording didn't work properly in the English translation.