- In these Conditions,
the Company shall mean the Company and/or its Agents to whom the
application for berthing is made which may be one or more of its
Associated Companies, Concessionaires, Tenants and Assignees for the operation
(if any) of the Boat Repair Yard, Brokerage, or any other Harbour
Facility. The expressions “harbour” and “marina” herein shall include a
Yacht Harbour, Marina, Moorings or any other facility for berthing a
vessel. The expression “Owner” shall include a Charterer, Master, Agent,
or other person for the time being lawfully in charge (other than the
Company) of the vessel or vehicle. In these Conditions the masculine shall
be taken also to denote the feminine and the singular shall also be taken
to denote the plural.
- The Company retains
all rights of possession in respect of all berths.
Nothing in the Agreement
shall entitle the Owner to the exclusive use of a particular berth.
and vehicles in or on the Company’s harbour or premises may be moved by
the Company to any other part of the same harbour or premises.
reserves the right to move, adapt or remove pontoons at their sole
discretion for the purposes of maintenance renewal or reconfiguration of
undertakes to remove the boat from the marina on at least two occasions
during each year.
No part of the Company’s harbour or premises or any
vessel or vehicle while situated therein or thereon shall be used by the Owner
for any commercial or residential purposes.
The Company is entitled to request documentary proof
of the Owner’s current residential address to include a copy of a recent utility
bill in the Owner’s name and a copy Driving Licence such written proof to be
provided within 7 (seven) days of the request. For the purposes of
correspondence and notices served under the Agreement the Owner’s address for
service shall be the Owner’s address as stated in the Agreement.
Personal post addressed to the Owner at the marina shall
be returned to the sender by the Company.
The Company reserves the right to refuse deliveries of
parcels / equipment addressed to the Owner at the marina. If such deliveries
are accepted by the Company on the Owner’s behalf such deliveries shall be
accepted at the sole risk of the addressee and the Company shall not be liable
for loss damage or otherwise.
The Company reserves the right to request details of
the Owner’s previous mooring location and current photo(s) of the vessel and a
recent survey report prior to accepting any mooring booking or
Unless the Owner has the Company’s prior consent
(which may be withheld at its sole discretion), the Owner shall not lend or
transfer the berth (this licence being personal to the Owner relating to a particular
vessel and non-assignable) nor shall he use the berth for any other vessel.
Mooring or storage accommodation and/or vessels may not be sublet by the Owner.
The Company may have use of the berth when it is left
vacant by the Owner.
Berths (including those occupied by vessels on the
Company’s harbour or premises or facilities for servicing, overhauling or
repair) shall be licensed for the period from time to time published by the
Company at its premises and charges therefore will be calculated by reference
to the Company’s published list of charges and the current rate per metre
overall vessel length from time to time altered or amended by the Company.
shall indemnify the Company against all loss, damage, costs, claims or
proceedings incurred by, or instituted against the Company or its servants
or agents which may be caused by the Owner’s vessel or vehicle or by the
Owner, his servants, agents, crew, guests or sub-contractors except to the
extent that such loss, damage costs, claims or proceedings may be caused
by the negligence or wilful act of the Company or those for whom it is
shall maintain third party insurance in respect of himself and each of his
vehicles or vessels, his crew for the time being and his agents, visitors,
and guests in a sum of not less than £3,000,000 (three million pounds) in
respect of each accident or damage and in respect of each vessel to
maintain salvage insurance adequate to cover all and any costs of salvage,
recovery, removal and disposal. Such insurance shall be effected and
maintained in an insurance office of repute and the Owner shall produce
the policy or policies relating thereto to the Company on demand.
shall provide to the Company on demand a copy of a full structural
out-of-water survey report for all timber hulled vessels such survey
report to be less than five (5) years old and updated at least every five
No work shall be done to the vessel whilst at the
Company’s harbour, premises or moorings (unless with the prior written consent
of the Company which may be withheld at its sole discretion), other than minor
running repairs or minor maintenance of a routine nature by the Owner, his
regular crew, or members of his family not causing any nuisance or annoyance to
the Company or to any other users of the Company’s harbour, premises or
moorings or any other person residing in the vicinity. Prior written consent
for work to be carried out on the Company’s harbour premises or moorings shall
not without good cause be withheld where the Company is satisfied that the
whole of the work is remedial and not servicing and is being carried out under
warranty by the manufacture and/or supplier of the vessel or any part of his
equipment to which the warranty relates.
undertakes to ensure that any contractor appointed by the Owner to work on
the vessel shall obtain the permission of the Company before entering the
marina and shall sign the Company’s ‘Declaration by Visiting Trade
Operators’ and shall carry full current Public and Employers Liability
Insurance including a minimum of £5,000,000 (five million pounds) Third
shall not be liable whether in contract, tort or otherwise, for any loss,
theft, or any other damage of whatsoever nature caused to any vessel or
vehicle or other property of the Owner or others claiming through the
Owner except to the extent that such loss, theft, or damage may be caused
by the negligence or wilful act of the Company or those for whom the
Company is responsible.
The Company shall have the right (without prejudice to
any other rights in respect of breaches of these conditions by the Owner) to
terminate the licence granted to the Owner by giving notice in writing to the
Owner and requiring him to remove the vessel within 28 (twenty-eight) days of
the date of such notice, at the expiration of which the Owner shall remove the
vessel and any other property of his from the Company’s marina and premises. The
Company shall refund to the Owner the unexpired portion of the licence fee
(disregarding any discount given) subject to a right of set-off in respect of
any damage suffered by it and/or other monies due to the Company.
The Owner may
terminate an annual licence granted to the Owner by giving the Company 28
days’ notice in writing of such termination, at the expiration of which
the Owner shall remove the vessel from the Company’s harbour and premises.
Notwithstanding any notice given the Owner undertakes to pay all mooring
and storage fees for the period of this annual licence and for all and any
periods of renewal of this licence at the appropriate tariff as published
by the Company.
shall not refund to the Owner any unexpired portion of the licence fee.
The Owner may
terminate a licence granted to the Owner for marina mooring paid by
monthly direct debit by giving the Company three (3) months’ notice in
writing of such termination, at the expiration of which the Owner shall
remove the vessel from the Company’s harbour and premises. In the absence
of any notice given the Owner undertakes to pay all mooring and storage
fees for the period of this licence and for all and any periods of renewal
of this licence at the appropriate tariff as published by the Company.
If the Owner
fails to remove the vessel on termination of the licence (whether under
this Condition or otherwise), the Company shall be entitled:
(i) to charge the Owner with the mooring or storage fees at the published daily tariff rate which would have been payable by the Owner to the Company if the licence had not been terminated for the period between termination of the licence and removal of the vessel from its harbour and premises and/or
(ii) at the Owner's risk (save in respect of loss or damage caused by the Company's negligence during such removal) to remove the vessel rom it's harbour and premises and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.
In the event of the sale by the Owner of any vessel
moored or stored with the Company other than through the Company as agents the
Owner shall pay to the Company a commission of 1% + VAT of the sale price or
value realised. The Owner must give
prior notice to the Company of the name and address of the Purchaser,
Transferee or Mortgagee, as the case may be. If the Company does not receive
such notice the liability for the vessel including the mooring fees and other
fees and the terms of this Licence shall remain with the Owner.
A notice given to a party under or in connection with
the Agreement shall be in writing and shall be delivered by hand or sent by
pre-paid first class post or another next day delivery service. This clause 27
does not apply to the service of any proceedings or other documents in any
The Owner must ensure that the vessels name is clearly
and legibly displayed on the vessel.
The Owner must notify the Company in writing of the
details of any changes of name of the vessel or change of address or contact
details of the Owner.
The Company reserves the right at any time during the
period of this agreement to measure the Owner’s vessel and to charge additional
berthing fees should the length overall exceed that stated in this agreement.
The overall length of the vessel will be calculated over all accessories and
fixings for example outboard engines, sterndrive units, bathing platforms,
pulpits, davits, dinghies, and tenders.
If in the Company’s opinion such be necessary for the
safety of the vessel or for the safety of other users of the marina or premises
or for their vessels or for the safety of the Company’s marina, premises, plant,
or equipment, the Company shall have the right to moor, reberth, move, board,
enter, or carry out any emergency work on the vessel and except to the extent
that such moorings, reberthing, movement, boarding, entering, or emergency work
arises from the negligence of the Company or those for whom the Company is
responsible, the Company’s reasonable charges therefore shall be paid by the
If in the Company’s opinion the condition of the
vessel has been left to deteriorate to such an extent that it is detracting
from the enjoyment of other berth-holders or poses a threat to safety or
navigation within the Marina the Owner shall be asked to clean and/or maintain
the vessel and if such cleaning or maintenance is not carried-out then the
Company reserves the right to carry-out or to instruct to have carried-out such
cleaning, maintenance or lifting ashore, all such to be at the Owner’s expense.
The Owner shall maintain the vessel’s engines and
machinery in a good working condition at all times.
Vessels shall be berthed or moored by the Owner in
such a manner and position as the Company may require, and adequate warps and
fenders shall be provided and fitted by the Owner.
Vessels stored ashore will be launched or put afloat
in such sequence as to avoid moving other vessels for this purpose and also so
as to make the most economical use of the facilities at the Company’s disposal.
At the Owner’s request the Company will, if possible, launch his vessel at any
suitable water and weather conditions, but the cost of moving other vessels for
this purpose and/or any attendant expenses must be paid for by the Owner. The basis of such charges is available to the
Owner on request.
ashore on chocks or cradles may only be moved by the Company or have such
chocks, blocks, cradles, or other supports moved or adjusted by the Company.
All yachts masts must be un-stepped or removed from the vessel.
The Owner shall ensure that the vessel is prepared and
ready for launch and shall further ensure that the vessel is checked for
integrity and safety as soon as it is put afloat.
Dinghies, tenders and rafts shall be stowed aboard the
vessel unless a berth is separately provided by the Company.
No items of boats, gear, fittings or equipment,
supplies stores or the like shall be left upon the pontoons, jetties or car
parks. No item of any description (for example but not limited to aerials,
antennae, fenders, cleats, etc.) shall be fixed to the pontoon or jetties by
the Owner. Such items are liable to immediate removal and disposal by the
Company at the Owner’s expense.
Aerials and antennae mounted on or fixed to the
Owner’s vessel whether for navigation or broadcast reception shall not exceed
half the height of the normal air draft of the vessels superstructure.
The Owner shall not affix a washing line or display
any washing or laundry on any part of the vessel, pontoons or jetties, or
within any part of the marina.
No private or trade advertising (signs, notices etc)
is permitted on the Company’s harbour or premises unless with the previous
written consent of the Company, which may be withheld at its sole discretion.
No Owner shall be permitted to display a ‘For Sale’ notice on any vessel.
In all cases payment for mooring and/or storage shall
be made on demand in advance. Interest will be charged on all overdue accounts
at the rate of 1.5% compounded per month or part month an account remains
Invoices for craning, dry-docking, servicing, etc. by
the Company to the Owner shall be payable on presentation.
If the Owner elects to have invoices and renewal
mooring agreements provided via email then the email address provided by the
Owner to the Company on the above Application page shall be used by the Company
until such time as the Owner provides another email address. All invoices sent
to the email address provided shall be accepted as valid demands for payment.
All renewal mooring agreements sent to the email address provided shall be
accepted as valid invitations to renew the mooring agreement.
The Company has the right to exercise a general lien
upon any vessel and/or other property of the Owner whilst in or on the
Company’s marina or premises and to detain and retain the same until such time
as any monies due to the Company in respect of the vessel and/or other such
property whether on account of rental, storage, commission, access or berthing
charges, work done or otherwise, shall be paid. The Company reserves the right
to secure the Owner’s vessel afloat or ashore against non-payment of monies
due. The Company reserves the right to prevent the vessel from leaving the Marina.
This security may be ashore or afloat at the Company’s discretion. The Company
may invoice the Owner for all costs of cranage, hoisting and storage in this
regard. The Owner shall remain responsible for insuring the vessel in these
circumstances. If the Licence is terminated or expires while the Company is
exercising this right of detention the Company shall be entitled to charge the
Owner at the Company's daily rate for overnight visitors for each day between
termination or expiry of this licence and the actual date of payment (or
provision of security) by the Owner and removal of the Vessel from the Marina.
The Owner shall at any time be entitled to remove the Vessel or other property
from the Marina on payment of the outstanding account and the receipt of
cleared funds by the Company.
Any vessels or other goods left at the Company’s
marina or premises are subject to the provisions of the Torts (Interference
with Goods) Act 1977, which confers on the Company as bailee a right of sale
exercisable in certain circumstances. Such sale will not take place until the
Company has given notice to the Owner or has taken reasonable steps to trace
him in accordance with the Act. A similar right of sale shall also arise when
any vessel or other goods of which the Company is not a bailee are left at the
Company’s harbour or premises. Goods for repair or other treatment are accepted
by the Company on the basis that the customer is the owner of the goods or the
Owner's authorised agent and that he will take delivery or arrange collection
when the repair or treatment has been carried out. Any obligation of the
Company towards vessels or goods left at its harbour or premises ends upon the
expiry or lawful termination of the grant to the Owner of facilities in respect
of such vessels or goods and the Company accepts no responsibility for loss or
damage to any vessels or goods left at its harbour or premises without its
consent save in so far as such loss or damage is caused by the negligence of
the Company or those for whom the Company is responsible. The Company's
obligation as custodian of goods accepted for storage ends on its notice to the
customer of termination of that obligation. The place for delivery and
collection of goods shall be at the Company's premises unless agreed otherwise.
Advice regarding the Act may be obtained from the Citizens
Advice Bureau, Law Centre, or any firm of Solicitors.
All persons using any part of the Company’s harbour
premises or facilities for whatever purpose and whether by invitation or
otherwise do so at their own risk unless any injury or damage to person or
property sustained within the Company’s harbour, premises or facilities was
caused by or resulted from the Company’s negligence or deliberate act or that
of those for whom the Company is responsible.
The Owner agrees to comply with the Company’s
published Health & Safety policy at all times. A copy of this is available
in the Marina Office.
The Owner undertakes to report to the Company within
24 hours any accident or injury that occurs on the marina or within the
No vessel, when entering or leaving or manoeuvring in
the harbour, shall be navigated at such a speed or in such a manner as to
endanger or inconvenience other vessels in the harbour or any person(s)
thereon. Vessels are at all times subject to a maximum speed limit of three (3)
knots within the marina.
Fishing, swimming, water-skiing, diving, jet-skiing,
and racing are not permitted within the marina.
No noisy, noxious or objectionable engines, radio or
other apparatus or machinery shall be operated within the harbour or premises
so as to cause any nuisance or annoyance to the Company or to any other users
of the harbour or premises or to any person residing in the vicinity and the
Owner undertakes for himself his guests and all using the vessel that they
shall not behave in such a way as to offend aforesaid, and in particular (but
without prejudice to the generality of the foregoing) halyards shall be secured
so as not to cause such nuisance or annoyance.
The Owner shall take all necessary precautions against
the outbreak of fire in or upon his vessel and the Owner shall observe all
statutory and local regulations relative to fire prevention (if any) which
shall be exhibited at the offices of the Company. The Owner shall provide and
maintain fire extinguisher(s) and fire protection equipment in accordance with
local and statutory regulations in or on the vessel fit for immediate use in
case of fire.
Owners shall not refuel vessels in the marina otherwise
than on the Company’s refuelling berth.
The Owner must not use any part of the Company’s
premises for the purpose of lighting BBQs with the exception where available of
specific BBQ areas designated at the Company’s discretion. BBQs must not be lit
on pontoons or aboard vessels.
The Owner agrees to comply with the Company’s
published Environmental policy at all times. A copy of this is available in the
No refuse, sewage, oil or other waste shall be thrown
overboard or left on the pontoons, jetties or car parks, or disposed of in any
way other than in any receptacles that may be provided by the Company, or by
removal from the Company’s harbour and premises. The Owner shall undertake to
dispose of all waste materials in accordance with local and statutory regulations,
and to use the recycling receptacles provided by the Company. The disposal of
gas canisters and flares is the sole responsibility of the Owner. Any waste
disposal or recycling facilities provided by the Company shall be used by the
Owner solely for the disposal and recycling of items generated whilst aboard
their vessel. Items too large for the facilities provided must be removed from
the Marina by the Owner and disposed of elsewhere.
Only smokeless fuel is to be used in coal-burning
stoves where fitted aboard an Owners vessel.
No guarantee is given by the Company as to water
levels within the Company’s harbour and the Owner is responsible for any
consequence of fluctuating water levels. The navigation authority’s policy is
to maintain water within a stated range except in flood or low flow conditions
when water levels may exceed the stated range.
Bilges or tanks must not be emptied, flushed or pumped
out whilst any vessel is afloat or ashore in the Company’s harbour or premises.
Chemical and/or sea toilets must not be discharged or emptied into the marina
basin. The Company is bound to report any such incident to the statutory
Owners must keep any dogs, cats or other pets under
control onboard or on leads at all times and clear-up and safely dispose of any
fouling caused by their pet.
The Owner has the right subject to the availability of
space to park up to two (2) motor vehicles at the Company’s premises at any one
time. The Company shall provide to the Owner two (2) identification stickers
for display inside the vehicle windscreens. ‘Motor vehicles’ means normal cars
or motorcycles and the Owner must not park vans, motor homes, caravans,
trailers, or any other form of motor vehicle on the Company’s premises.
The Owner and their crew or visitors are required to
park their motor vehicle(s) in such position and in such manner as shall from
time to time be directed by the Company. The Owner undertakes to keep their
motor vehicle(s) taxed, roadworthy and insured at all times when on the
Company’s premises; the Company reserves the right to remove and scrap any
vehicles found without such. All motor vehicles are parked at the sole risk of
the vehicle owner.
The Owner shall not park or store any motor vehicle on
or at the Company’s premises other than during periods when the Owner is aboard
their vessel. No motor vehicles shall be parked or stored on or at the
Company’s premises for any period in excess of fourteen days unless the Owner
is away from the Marina cruising aboard the vessel.
Should the Owner choose to store a trailer or trailers
at the Company’s premises such storage shall be charged and paid for at the
prevailing trailer storage rate as published from time to time on the Company’s
tariff. The Owner shall ensure that all such trailers have a current MOT
certificate and Road Tax and are maintained in a good serviceable condition at
No guarantee is given by the Company for the
continuous supply of electricity and other services within the Company’s
harbour. The Owner is responsible for the consequences of a discontinued
electricity supply and shall take all necessary precautions assuming that a continuous
supply of electricity is not maintained. Mains electricity is only available to
boats with a properly equipped and protected ring-main installation. The Owner
shall observe all statutory and local regulations relative to electricity in or
upon their vessel.
The Owner shall not leave any electric fan or
incandescent heater in operation aboard the vessel while the vessel is
The Company reserves the right to disconnect or
discontinue the shore supply to the Owners vessel in the case of overloading,
persistent earth tripping, or for fault finding purposes.
The Company reserves the right to charge to the Owner
the costs of any repairs or replacements to the Marina electrical system
necessitated to any damage caused by the Owner or their vessel whether
accidental or otherwise.
The Owner undertakes to pay the Company for all
electricity consumed at the Company’s premises whether supplied by meter,
metered lead, pre-payment card or flat-rate charge at the price published from
time to time by the Company and displayed at the marina office. This charge may
alter without notice as supply costs alter. Charges for electricity supplied
will include standing charges, monthly demand charge, capacity charge, climate
change levy, repair and renewal costs, NICEIC certification costs, maintenance
costs, and administration costs. Electricity is supplied in accordance with
The Company reserves the right to disconnect the
Owner’s vessel should any account for the supply of electricity remain unpaid
after 28 days or in the event that the Owner does not comply with the terms of
conditions (66) to (70) above.
The Company reserves the right to alter or amend from
time to time at its sole discretion the current rate per metre overall vessel
length and so introduce regulations which relate solely to the administration
of the Company’s harbour and premises and which are not inconsistent with these
Conditions, and to amend such regulations from time to time. Such regulations
and amendments shall become effective on being displayed on the Company’s
public notice board or other prominent place at the Company’s premises, and the
Company shall have the same rights against the Owner for a breach of such
regulations and amendments as for a breach of these Conditions.
The Company reserves the right to charge an access fee
to third party trade operators visiting the Owner’s vessel where a bonafide
service has been provided by the Company such fee reasonably to reflect the
service(s) provided and/or the Company’s time.
The Owner agrees that the Company may from time to
time send the Owner newsletters and /or mailings relating to the normal
business of the marina or its tenants (such purpose restricted to matters
concerning the Owner’s vessel or normal marina business).
The Owner agrees and acknowledges that from time to
time the Company may be required to give the Owner’s details to certain
statutory third parties (such as but not restricted to navigation authorities)
however the Company undertakes not to give the Owner’s details to any other
third party (except where obliged by law to do so).
The Company will not be liable for delays or failures
to perform its duties under this agreement if these are the consequence of
causes or circumstances beyond its reasonable control (including but not
limited to acts of God, war, riot, civil disturbance, terrorism, acts of
government, strikes, fire, flood, power failure, or communications failure).
CONDITIONS (TO BE ADDED AS REQUIRED)
A). Racecourse Marina: no vessel movements are
permitted during horse racing events.