Triggering the confusion: a press release
After the devastation caused by the storm surge in autumn, it seemed like a small miracle that the partial opening of Damp harbour had already been announced a few days ago: "After many discussions and the active help of many hands in repairing the southern harbour facilities, we are all delighted that partial operation of the marina is now possible," explained Martin Jannsen, Managing Director of Real Sailing and a member of the Damp Tourism Association.
Now we can resume our shipyard and charter operations and all water lovers and winter camp guests can indulge in their hobby" (Martin Jannsen)
The main focus was placed on jetties A-D, Jannsen continued, adding that an expert opinion had declared the jetties "largely safe". They are to be used for ongoing charter operations. The responsible Baltic Sea Waterways and Shipping Authority has issued a corresponding notice to mariners also pointed out that the closure will be lifted by 2 July.
The misunderstanding: partial operation yes, opening no
However, it appears that people had rejoiced too soon. Although the harbour closure has been lifted under public law until the beginning of July, under private law the harbour is still not open because the operator wants it that way. The reasons for this are unclear.
The marina is operated by the Ostsee Resort Damp. On 7 June, the resort announced that the marina was still not fully operational and that a partial opening could not be confirmed:
The safety of the boats is not guaranteed. There is no water or electricity supply," says the operator.
Only a crane facility has been created so that owners can bring their boats from land into the water and leave the harbour. Guests are still not allowed to enter the harbour.
For the time being, Real Sailing's efforts to date to repair the yacht will therefore only affect charter operations and some permanent residents, although this has not been finalised legally either. They have no effect on general operations. On the contrary: in its announcement, the Ostsee Resort Damp even dampens any expectations: "It is currently not possible to predict when the Damper harbour will be usable again," it says, "especially as the municipality is planning much more extensive measures than just the restoration of the old harbour.
For this reason, the berth holders had already been given notice of termination in a letter dated 29 May 2024, "with a heavy heart". The terminations were a condition for being able to hand over the harbour to a new operator in a timely manner and free of legal obligations. Both the municipality of Damp as the owner and the Ostsee Resort Damp as the operator would like to see a change of operator.
For Real Sailing, the operating company's desire to close down is incomprehensible. The lawyer representing the company, Jochen-P. Kunze, who represents the company, comments on the situation in Damp as follows: "The basic usability of the southern harbour facilities for our client has been enforced by our client by way of substitute performance under tenancy law, after the harbour operator - Ostsee Resort Damp - did nothing for months. This in coordination with the harbour owner."
We don't know exactly why the local clinic operator or its subsidiary, which also runs the harbour, would otherwise act in this way and want to exclude water sports."
The lawyer continues: "The fact is that the harbour entrance, the service structure and the majority of the jetties in the southern part of the harbour are safe to use. This has been checked and confirmed by the authorities. The usable part of the harbour has been approved under public law."
"According to the harbour owner, the clinic operator is also contractually obliged to operate the harbour. In fact, boats sail in and out of the harbour, there is a harbour master, the petrol station and the crane are running. From our point of view, there is therefore no factual or legal reason to refuse access to the harbour. Nevertheless, permanent berth holders received an extraordinary cancellation of their berth contract from Ostsee Resort Damp immediately before the partial opening of the harbour. At a time when it was clear that the partial opening could no longer be averted. As far as the reopened jetties are concerned, we at Yacht-Recht do not see any valid grounds for cancellation. Whether guest berth holders may be denied access must be examined. We do not currently have access to the relevant contractual documents for this purpose."
It is obvious that the clinic operator wants to get out of the operator obligation prematurely. This is now unmistakable.
What he is doing now, however, is leaving scorched earth for water sports and damaging the location.
The background: devastating storm surge damage
Damp was hit particularly hard by the devastating Baltic Sea storm surge in October 2023. The jetties and shore-side infrastructure were so badly damaged that the harbour was officially closed to shipping traffic. This had already been assumed at the beginning of this year, that the situation would last until the end of the year. The damage was estimated at around four million euros.
Permanent berth holders were suddenly faced with the challenge of having to find accommodation elsewhere - and in some cases having to keep changing berths. The situation was similar for the charter boats stationed in Damp, which also had to relocate, for example to the town harbour in Kappeln.
Background to the closure:
Negotiations are still ongoing. However, a finalised contract could be signed as early as this week. How and, above all, when things will continue with the marina is still completely open - and depends to a large extent on the necessary concept for a redesign and the necessary construction work.
For the time being, the only option for guest moorings is to leave the harbour to port or starboard, as the operator has prohibited their use.
