Judicial protest filed by Gozo Boating Association members
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The Gozo Boating Association (GBA) has announced that following numerous representations to the Government and Transport Malta throughout 2010 requesting further consideration of the Concession Agreement and subsequent Berthing Agreement concerning the berthing of boats at Mgarr Marina Gozo, members of the Association have signed a Judicial Protest against The Authority for Transport Malta and the Ministry for Infrastructure, Transport and Communications.
GBA said that the Judicial Protest claims that the Berthing Agreement applies unfair terms upon the boat owners in Mgarr Marina as a result of the provisions contained in the Concession Agreement granted to Harbour Management Ltd and requests action to remedy such shortcomings.
Further action is also being prepared for consideration by the Office for Fair Trading, GBA said.
The protestors are claiming that double standards are being applied by those protested against in their treatment of boat owners in Mgarr compared to those boat owners in Msida and other marinas.
The association went on to say that "prior to the granting of the Mgarr Marina Concession Agreement, Mgarr Marina was removed from the Yachting Centre Regulations which regulates berthing fees and contains provisions relating to the management and operation of marinas."
"This and other conditions contained in the Concession Agreement have granted wide powers to the Operator, Harbour Management Ltd, who until recently also operated the private marina at Manoel Island."
All the other marinas, including Msida, which was granted on a Concession Agreement subsequent to that of Mgarr, have been retained within the scope of the Yachting Centre Regulations, GBA added.
The boat owners of Mgarr Marina said that they have also been requested to provide an impossible insurance coverage for their boats. The provisions contained in the Berthing Agreement presented to boat owners relative to Insurance are being rejected by the Malta Insurers Association, resulting in boat owners being unable to secure insurance cover for berthing in the marina as requested by the operator.
GBA concluded that the Judicial Protest also claims that the Concession Agreement relating to Msida Marina applies significant benefits to those boat owners whilst imposing restrictions on the Concessionaire. No such terms have been included in the Concession Agreement relating to Mgarr Marina.