General Conditions
1 DEFINITIONS
Where the following words appear in these Terms and Conditions, they shall have the following meanings:
Alongside Berth: Berth where a Vessel of appropriate draft may be secured, with access to the shore without the need for a dinghy or tender.
Berth: 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 contract.
Company: Crosshall Marine Limited and its employees, agents, or assignees.
Compound Interest: Interest charged per month (calculated per 30 days) on the overdue balance (net of V.A.T.) plus accumulated interest.
Compounding period: The 30-day interval at which interest charges are calculated and added to the principal balance.
Contract: The Mooring and Storage Contract, to which these terms are attached.
Due date: The Due date specified on the Company’s original invoice.
Grace period: 30-day period beyond the due date, throughout which outstanding balances are not (by default) subject to interest charges.
In writing: Sent by post, delivered in person, or sent via email. The Company will (usually) acknowledge receipt of contract-related written communications within 1–2 working days, via email. If acknowledgement is not received, it is incumbent upon the Owner to pursue an acknowledgement.
Length Overall (LOA): The overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.
Marina: 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.
Overdue: An outstanding balance beyond the 30-day Grace Period.
Owner: Person(s) or an entity named as the owner(s) in ‘PART 1’ of the Mooring and Storage Contract, or their authorised agent(s), excluding employees, sub-contractors, or agents of the Company.
Payment terms: The number of days from the invoice date to the (payment) due date.
Pontoon: A moored and decked floating structure providing landing or mooring facilities.
Principal balance: The amount initially owed (i.e. the invoice amount) minus the sum of any payments made, plus accumulated interest.
Tax year: The period from April 1st of the current year to March 31st of the following year.
Vessel: Any form of craft, boat, ship, yacht, dinghy, multihull or other marine structure which is in the care and control of the Owner.
2 INTEREST CHARGES
NOTE: Provisions 2.1 – 2.16 take effect from 1st October 2024. The previous version of the terms shall apply until that date.
2.1 The Owner must pay to the Company compound interest on any sums due under the contract that are not settled within 30 days of the due date, i.e. by the end of the 30-day Grace Period (but see 2.2 and 2.3).
2.2 If the Owner habitually delays payment beyond the due date, i.e. to take advantage of the 30-day Grace Period, the Company reserves the right to (also) apply compound interest charges from day one of the 30-day Grace Period.
2.3 If the Owner is unable to settle any sums due under the contract before the end of the 30-day Grace Period, provided that the Owner informs the Company in writing of their inability to make full payment, and at the Company’s sole discretion, the Company may extend the payment terms and/or offer a payment plan.
2.4 The Company will review, and if necessary re-set, the compound interest rate at the beginning of each tax year, with reference to the Bank of England’s base lending rate.
2.5 The compound interest rate will be set at 1% above the Bank of England’s base lending rate, except during periods where the Bank of England’s base lending rate lies below 4%, in which case, the compound interest rate will be 5%.
2.6 The compound interest rate set by the Company at the beginning of each tax year shall apply throughout that tax year (but see 2.7).
2.7 In the event that the Bank of England’s base lending rate changes significantly part way through a tax year, the Company may, at their sole discretion, revise (in either direction, as appropriate) the compound interest rate part way through that tax year.
2.8 The compound interest rate as stated on an original invoice will not be affected by any (upward or downward) revisions of the Company’s compound interest rate but will apply until the principal balance has been paid in full.
2.9 The amount of interest that accrues per compounding period will be added to the principal balance.
2.10 In order to be discharged of the debt, the Owner must pay the principal balance in full, i.e. the original amount owed plus accumulated interest to date (but see 2.11).
2.11 If the Owner is genuinely unable to settle the principal balance in full, and further interest charges would make the debt unmanageable, provided that the Owner informs the Company in writing of their inability to make full payment, and at the Company’s sole discretion, the Company may temporarily freeze the principal balance, conditional upon full payment being made on or before a mutually acceptable and realistic settlement date.
2.12 Failure to pay a frozen principal balance in accordance with 2.11 will result in compound interest charges being back-dated to the date from which the principal balance was frozen.
2.13 Notification of the Company’s intention to charge compound interest on overdue payments will be via the Company’s original invoices, which will include the following detail:
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The invoice date
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The due date
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The payment terms
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The compound interest rate
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The compounding period
2.14 Additionally, during the 30-day Grace Period, provided that the Company has been informed of the Owner’s current email address, and barring malfunction of the Company’s accounting software, the Owner will be sent one or more email reminders giving further notification of potential compound interest charges.
2.15 Notwithstanding provisions 2.13 and 2.14, it is incumbent upon the Owner to manage the balance of their account such that invoices do not become overdue and thereby subject to compound interest charges.
2.16 Nothing in provisions 2.1 – 2.15 shall affect 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, Vehicles 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.
3.2 Lifting, Chocking and Handling of Vessels
3.2.1 Where, in the opinion of the Company, a Vessel is in a poor, unsafe or deteriorated condition, the Company reserves the right to lift, move, chock, support or relocate the Vessel for reasons of safety, security, environmental protection or good management of the Marina.
3.2.2 The Owner acknowledges that lifting, moving and chocking a Vessel inherently carries risk, particularly where a Vessel is structurally weakened, poorly maintained, waterlogged, corroded or otherwise unsound.
3.2.3 The Company shall not be liable for any loss or damage whatsoever arising from or in connection with the lifting, moving, chocking, supporting or relocation of a Vessel where such loss or damage results from the condition, construction, deterioration or structural integrity of the Vessel.
3.2.4 The Owner agrees that any lifting, moving or chocking of a Vessel is undertaken entirely at the Owner’s risk and the Owner shall indemnify the Company against all claims, losses, liabilities and costs arising from such operations, save only where caused by the Company’s proven negligence.
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.
5.2 Hardstand of any vessel is included within your licence, this is restricted to a maximum of 6 months without formal written consent for any extended period. Any vessel which extends the 6 month period and causes obstruction to workshop income and marina operations will be subject to either an additional lift charge or charged the hardstand charge which is the same as mooring charges. (Note 5.2 added 6th April 2025)
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 TERMINATION
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.
8.1.2 If the Owner fails to remove the Vessel on termination of this licence the Company shall be entitled to charge the Owner at the overnight visitor rate and/or remove the Vessel and recover all costs.
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.
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.
9.4 Private Sale of Vessel
The marina must be notified of any private sales. The Company reserves the right to charge the vendor 2.5% (+VAT) of the sale price.
10 TERMINATION BY OWNER
10.1 This Licence may be terminated with 12 weeks written notice.
On termination of the licence or sale of the Vessel mooring/storage charges are non-refundable.
11 VESSEL MOVEMENTS
11.1 The Company reserves the right to move any Vessel at any time for safety or management reasons.
11.2 No vessel shall be navigated so as to endanger or inconvenience others.
12 COMMERCIAL USAGE
12.1 No commercial use without prior written consent.
13 STORAGE
13.1 Dinghies and tenders shall be stowed aboard the Vessel unless allocated elsewhere.
14 PARKING
14.1 Parking is subject to availability and marina directions.
15 MARINA AND HARBOUR REGULATIONS
15.1 The Owner shall provide a boat safety certificate.
16 ACCESS TO PREMISES / WORK ON THE VESSEL
16.1 No work without consent except minor maintenance.
16.2 Warranty and specialist work permitted.
16.3 Cleanliness and Waste Removal
16.3.1 All waste must be removed immediately after works.
16.3.2 No mess or contamination shall be left.
16.3.3 Any clean-up required will be charged to the Owner.
17 THE ENVIRONMENT
17.1 Accidents must be reported.
17.2 No nuisance behaviour.
17.3 No personal effects left.
17.4 Marina code of practice must be followed.
17.5 Illegal Substances
17.5.1 No possession or use of illegal substances including cannabis.
17.5.2 Breach constitutes serious breach of licence.
17.5.3 Company may notify authorities.
18 SALE OF VESSEL
18.1 The Company reserves the right to lift unpaid vessels.
18.2 The Company may sell unpaid vessels.
18.3 Condition of Vessel
18.3.1 The Vessel must be structurally sound.
18.3.2 No liability for structural failure during lifting or storage.
Code of Conduct & Marina Information.
At Crosshall we want everyone to have the best experience and enjoy our marina and the river. To avoid misunderstandings and to help maintain the marina and the environment, we expect all our boaters to follow our code.
Behaviour act lawfully, with respect and consideration for all other persons in the Marina, including our staff.
Crosshall Marine operates a No Smoking or Vaping policy in all buildings and the immediate surrounding area.
Please ensure cigarette ends are disposed of correctly.
We welcome dogs but insist they are kept under control or remain on leads. We support the poo and scoop method you’ll find small shovels allocated around the marina for this purpose. Please note we have no means of disposing of bagged dog mess.
No camping or overnight stays are permitted in tents or vehicles.
If the Marina workshop is not able to fulfil any work you may need which necessitates the use an outside contractor this needs to be discussed with the marina.
No fires are allowed but BBQ’s can be used if they are raised of the ground to protect the grass.
No ball games are permitted on the marina grounds.
Fishing is allowed during fishing season with a valid permit.
We provide trolleys please return them when you’ve unloaded so they are ready for others to use.
We keep an eye on all the boats so please let us know if you’re planning to be moored away for a length of time and if you are leaving a car parked in the car park for any length of time to ensure it is left in a suitable place.
Moorings, pontoons, and safety
Ensure your boat ropes are tied sensibly allowing for river level changes. Please note ropes will be cut in the event of an emergency and no liability will fall on the marina)
Keep all staging clear, do not attach items, or modify the landing stages without discussion with the marina.
Do not leave door mats permanently on your stage.
The waterside can be hazardous. You must take all reasonable precautions and
use common sense to ensure your safety and the safety of others within the Marina. Such steps
include, but are not limited to:
Moving carefully on pontoons and in waterside areas, always paying close attention to
potentially hazardous conditions and circumstances, this includes the wearing of a life jacket
and appropriate footwear where appropriate.
We recommend that all USERS wear a lifejacket at all times whilst on the pontoons,
please consider your safety and that of others and in particular children.
Environmental
Please separate, clean and flatten your domestic waste. Not cleaning recyclable packaging can result in items going directly to landfill. We ask all our customers to take the time to play their part in reducing waste.
We ask all customers to take away all non-domestic waste.
Be mindful of the chemicals and cleaners you are using when boating which are leaching into our land and waterways. There is now are good selection of affordable environmentally friendly products available.
The team will be happy to advise you on alternative products so you can play your part.
Chemical toilet disposal point, please ensure you are using organic and environmentally friendly chemicals in your chemical toilet.
Water
Water points are regularly positioned around the marina.
All customers need to supply their own hose to fill up water tanks.
Due to legionnaires we are unable to supply hoses.
Our facilities
We have pride in our facilities, and these are regularly checked. We ask you all to leave them as you found them and to report an issue immediately.
Please note our showers are closed from November till Spring.
Notice board
You’ll find our notice board outside in between the toilets and showers. Periodically we’ll display local environment agency notices and any other news and general information.
Parking
Please be mindful of parking around the workshop, office, and facilities not to restrict access please ask staff before parking on the concrete if you are going out on the boat. The top car park is for all overnight parking.
Most importantly we want everyone to enjoy the marina and the river.
Thank you
The Crosshall Team
