Where the following words appear in these Conditions, the Licence and the Company’s Regulations they shall have these meanings:
Company shall mean the Company or any of 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 of the boat repair yard, brokerage or other marine facility
Marina includes all moorings and all land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, workshops, hardstanding, roadways and car parks
Owner shall include any charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Company
Vessel shall include any form of craft, boat, ship, yacht, dinghy, multihull or other marine structure which is in the care and control of the Owner
Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent
Berth means the space on water or land from time to time allocated to the Owner by the Company for the Vessel during the term of this licence
Alongside Berth means a berth where a Vessel of appropriate draft may be secured, with access to the shore without the need for a dinghy or tender
Interest means interest payable during the period from the date on which payment is due to the date of payment, both before and after any judgment, at the rate of 4 per cent a month above the base lending rate of Barclays Bank Plc or such other bank as the Company from time to time nominates in writing
Pontoon means a moored and decked floating structure providing landing or mooring facilities
2.1 The Owner must pay to the Company Interest on any sums due under this Licence that are not paid within 7 days of the date due, whether formally demanded or not but nothing in this clause affects the rights of the Company in relation to any late or non-payment
3 LIABILITY, INDEMNITY AND INSURANCE
3.1 The Company shall not be liable for any loss or damage caused by any event or circumstance beyond its reasonable control (such as extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s or third party’s Vessel); this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Marina and/or using any facilities or equipment.
3.1.1 The Company shall take all reasonable steps to maintain security and to maintain the facilities at the Marina in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on the part of the Company, Vessels, gear, equipment or other goods are left with the Company at the Owner’s risk and Owners should ensure that they have appropriate insurance against all relevant risks.
3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which the Company is not responsible. However the Company reserves the right to do so in any appropriate circumstances particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000. The Owner shall produce evidence to the Company of such insurance within 7 days of being requested to do so by the Company.
4 CHANGE OF DETAILS
4.1 The Owner must forthwith notify the Company in writing of the details of any change of names of the Vessel and any change of address or telephone number of the Owner.
5 BERTH ALLOCATION
5.1 The physical layout of the Marina and the varying needs and obligations of the Company and its customers requires that the Company retains the absolute control of berth allocation within the Marina. Accordingly the Owner shall not be entitled to the exclusive use of any particular berth but shall use such Berth as is from time to time allocated by the Company.
6 PERSONAL NATURE OF THE LICENCE
6.1 This licence is personal to the Owner. It may not be transferred or assigned to another person or to a different Vessel, either temporarily or permanently, without the express written consent of the Company.
6.2 Within 7 days of any agreement for the sale, transfer or mortgage of the Vessel the Owner shall notify the Company in writing of the name, address and telephone numbers of the purchaser, transferee or mortgagee as the case may be.
7 USE OF BERTH
7.1 The Company may have the use of the Berth when it is left vacant by the Owner.
7.2 The Company reserves the right to use the power supply (if any) in the Berth subject to reimbursement of usage of units used by the Company or any third party authorised by it.
7.3 The Company must be made aware of visiting boats and shall be entitled to charge the Owner therefore at the current overnight rate
8.1 The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Licence by the Owner) to terminate this licence in the following manner in the event of any breach by the Owner of this Licence;
8.1.1 the Company may serve notice on the Owner specifying the breach and requiring him to remedy the breach within a reasonable time specified by the Company. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short. If the Owner fails to remedy the breach within the time specified, or if the breach is not capable of remedy, the Company may then serve notice on the Owner terminating this licence and requiring him to remove the Vessel from the Marina immediately.
8.1.2 If the Owner fails to remove the Vessel on termination of this licence (whether under this Condition or otherwise), the Company shall be entitled
126.96.36.199 to charge the Owner at the Company’s rate for overnight visitors for each day between termination of this licence and the date of removal of the Vessel from the Marina and/or
188.8.131.52 at the Owner’s risk (save in respect of loss or damage caused by the Company’s negligence or other breach of duty during such removal) to remove the Vessel from the Marina and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees
8.1.3 Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner (or where there is more than one person comprising the Owner on one of them) or sent by prepaid first class post to the Owner’s last known address and in the case of the Company shall be personally served at its principal place of business or registered office.
9 RIGHTS OF SALE AND OF DETENTION
9.1 Where the Company accepts a Vessel, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a right of sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
9.1.1 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.
9.1.2 The Company’s obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;
9.2 Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.
9.3 The Company reserves a general right (“a general lien”) to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the date of payment (or provision of security) by the Owner and removal of the Vessel from the Premises. The Owner shall at any time be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs.
9.4 Private Sale of Vessel
The Company shall be entitled to 2.5% plus V.A.T of the value of any boat sold while on the Marina.
10 TERMINATION BY OWNER
10.1 This Licence may be terminated on 8 weeks written notice given by the Owner to the Company or by the Company to the Owner. Following receipt of such notice the Company shall prepare an account of;
10.1.1 all sums owed by the Owner in respect of services or facilities used up to the intended date of departure of the Vessel, and
10.1.2 the charge that would have been payable by the Owner to the Company in respect of this Licence if the original term of this Licence had ended on the date of expiry of the Notice of Termination, less
10.1.3 the sum actually paid by the Owner to the Company in respect of this Licence
Where the balance is in favour of the Company the Owner shall pay the balance before removal of the Vessel from the Marina and where the balance is in favour of the Owner the Company shall pay it to the Owner upon departure of the Vessel from the Marina
On the termination of the licence or the sale of the Vessel by the Owner mooring/storage charges are non refundable.
11 VESSEL MOVEMENTS
11.1 The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Marina
11.2 A copy of the Company’s scale of charges for Vessel movements will be provided to the Owner before they enter into an Agreement with the Company. Where a specific date or tide range for the launching of the Vessel has been agreed between the Owner and the Company at the time of slipping or lifting out (on arrival by land) this charge alone will be payable for the launch.
However where the Owner requests a different date or tide range the Company reserves the right to charge the Owner for the cost of moving other vessels to gain access to the launch point and for any attendant expenses, such as crane hire. The Company will endeavour to provide the Owner with an estimate of such costs and charges prior to incurring them.
11.3 No vessel, when entering or leaving or manoeuvring in the Marina, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina
Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and byelaws of harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health and Safety Executive; there are criminal penalties for the breach of such restrictions requirements and Byelaws.
12 COMMERCIAL USAGE
12.1 No part of the Marina or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written agreement from the Company. Where this licence is granted to a commercial operator whose Vessel is operated for hire or reward in the course of trading, special conditions will apply to this licence, as appended.
13.1 Dinghies, tenders and canoes shall be stowed aboard the Vessel unless the Company allocates a separate location when a further charge shall be paid by the Owner.
14.1 Subject to the availability of parking space Owners and their crew may only park vehicles on the Marina in accordance with the directions of the Company.
15 MARINA and HARBOUR REGULATIONS
15.1 The Owner shall at all times observe General Conditions and in particular:
15.1.1 The Owner shall provide a boat safety certificate.
15.1.2 The Owner shall refuel only at the designated fuelling berth and shall vacate such berth when the fuelling operation is completed. Where fuel is required to be transferred in portable containers, the Company reserves the right to refuse the use of any container deemed unfit for the purpose.
15.2 The Company reserves the right to amend these General Conditions or introduce new or additional conditions on grounds of legal requirement or for the safety or security or good management of the Marina. Such new conditions and any amendments to them shall become effective on being displayed on the Company’s public notice board or other prominent place at the Marina or otherwise notified to the Owner.
Advisory note: Owners, their guests and crew are advised that their conduct and that of their vessels is likely to be regulated and governed at various times by statutory, local authority which may be more extensive than those of the Company and the breach of which may result in criminal penalties.
16 ACCESS TO PREMISES/WORK ON THE VESSEL
16.1 Subject to Clause 16.2 no work shall be done on the Vessel, gear, equipment or other goods while at the Marina without the Company’s prior written consent 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 nuisance, or annoyance to any other customer or to any person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.
16.2 Prior written consent shall not be unreasonably withheld where:
16.2.1 The work is of a type for which the Company would normally employ a specialist subcontractor; or
16.2.2 The work is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates.
16.2.3 Notwithstanding the foregoing, during periods of work by the Company on the Vessel, neither the Owner nor anyone connected with him shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.
17 THE ENVIRONMENT
17.1 The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur at the Marina as soon as possible after they occur.
17.2 No noisy, noxious or objectionable engines, radio or other apparatus or machinery shall be operated within the Marina so as to cause any nuisance or annoyance to any other users of the Marina 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 as aforesaid. Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.
17.3 The Owner must not leave any personal effects such (as BBQ and furniture) on any part of the Marina. No tents, awnings or such like constructions are permitted. The Company reserves the right to remove and dispose of any effects left on the Marina in contravention of any of these conditions.
18 SALE OF VESSEL
18.1 The Company reserves the right when the owner fails to pay monies due to lift the vessel to hardstand and the owner will be subject to the standard lifting and launching charges as necessary.
18.2 Notwithstanding any other provision of this Agreement upon termination of this Licence (howsoever caused) and without prejudice to any other rights that the Company may have if the Owner fails to pay within 14 days of the date of Termination all monies that are due to the Company then the Company shall be entitled to sell the Vessel and after deduction of the costs of sale shall credit the proceeds of sale against monies due to be paid to it by the Owner and shall pay to the Owner the balance of the proceeds of sale (if any) and the Owner agrees to co-operate fully with the Company in the event of such a sale and to sign all such documents and to do all such acts as the Company requests the Owner to do.