TERMS AND CONDITIONS AGREEMENT FOR MOORING AT FENNY MARINA
1. In these Conditions, the Company shall mean the Company and\or its Agent or 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, and any other Harbour Facility. The expression “harbour” shall include a Yacht Harbour, Marina, Moorings or any other facility for berthing a Yacht. The expression “Owner” shall include a Charterer, Master or Agent or other person for the time being lawfully in charge (other than the Company) of the vessel or vehicle.
2. Mooring fees are to be paid on the first day of each month (in advance) by Standing Order, without deduction or set-off. Annual payments are to be paid not later than 5th May with the appropriate discount deducted.
(a) 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 of example outboard engines, sterndrive units, etc.
(b) The email/postal address provided by the Owner to the Company on the Application form shall be used by the company until such a time as the Owner provides another email/postal address.
(c) The Owner must provide the Company with current address and contact details and telephone numbers so that the Owner can be contacted in an emergency.
(d) Any correspondence sent to the Company by the owner via email/postal address will be acknowledged by the Company and should be kept as proof of receipt.
3.(a) All vessels 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.
(b) The Company 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.
(c) The Owner 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 responsible.
(d) The Owner 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, guests and sub-contractors in a sum of £3 million in respect of each accident or damage and in respect of each vessel adequate salvage insurance. Such insurance shall be affected and maintained in an insurance office of repute and the Owner shall produce the policy or policies relating thereto to the Company on each renewal date.
4. No part of the Company’s harbour or premises or of any vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purposes.
5. This licence is personal to the Owner and relates to the Vessel described in the Company Berthing Agreement. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express written consent of the Company. None of the facilities or any part of the Marina may be used as an extension of the Owner by anyone who is not a tenant of the Marina themselves unless by written consent of the Company.
6. This licence is for a 'leisure mooring' only. A leisure mooring is for mooring the boat when the owner is not using it. The owner is not entitled to live on board or use the boat as a residential mooring. The owner is allowed to visit and stay on board for a period of 10 days per month unless written consent is given by the company for more days. The owner is not allowed to use the mooring as a postal address. The company reserves the right to terminate the licence without notice or refund of mooring fees already paid, should the owner breach these conditions.
7. Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a current licence granted to the Owner by the Company subject to these conditions the Owner shall notify the Company of the name and address of the Purchaser, Transferee or Mortgagee, as the case may be.
8. (a) Subject to paragraph (b) of this Condition no work shall be done to the Vessel (i.e. full or partial repainting of 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 any other users of the Company’s harbour, premises or moorings or any other person residing in the vicinity.
(b) Prior written consent for work to be carried out on the Company’s harbour premises or moorings shall not without good cause be withheld in the following circumstances:
(i) Where the work to be carried out is work for which the Company, its concessionaires or those who normally carry out work on its behalf would normally employ a specialist sub-contractor or
(ii) 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 manufacturer or supplier of the vessel or any part of her equipment to which the warranty relates.
(iii) If the Company has set aside an area of the Company’s harbour, premises or moorings where Owners may carry out work on their Vessels and the work for which consent is sought is restricted to that area and is not to be carried out in a manner prohibited under Regulations for the time being made by the Company with regard thereto.
(iv) The Company retains the right to refuse access to an owners chosen engineer who may be contracted to carry out such works.
(c) 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.
(d) 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 serves 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.
9. The Company has the right to exercise a general lien upon any vessel and\or other property of the vessel’s Owner whilst in or on the Company’s harbour or premises until such time as any money 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.
10.(a) The Company shall have the right (without prejudice to any other right in respect of breaches of these conditions by the Owner) to terminate the licence granted to the Owner in the following manner in the event of any breach by the Owner of these conditions or of any failure by the Owner to make any payment due to the Company. If the breach is capable of remedy or the Owner has failed to make any such payment the company may serve notice on the Owner specifying the breach or the failure to pay and requiring him to remedy the breach or pay the amount due within 7 days. If the Owner fails to remedy such breach or pay the amount due within 7 days, or if the breach is not capable of remedy, the Company may serve notice on the Owner specifying the breach or failure to pay (when not already specified) and requiring him to remove the vessel within 7 days, at the expiration of which the Owner shall remove the vessel and any other property of his from the Company’s harbour 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 owing as a result of any of the matters giving the Company the right to terminate the licence.
(b) When no date of termination has been agreed in writing between the parties, the Company or the Owner may terminate the licence granted to the Owner by giving the other 28 days notice of such termination, at the expiration of which the Owner shall remove the vessel from the Company’s harbour and premises.
(c) 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 rental 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 from its harbour and premises and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.
11. In all cases where a contract of hire or licence to occupy any mooring, berth, storage space, property or facilities may be lawfully terminated by notice, the same shall be deemed to be lawfully served if served personally on the Owner or sent by registered post or recorded delivery service to the last know address in the United Kingdom of the Owner or to the principal place of business of the Company.
12. Any vessels or other goods left at the Company’s harbour or premises are subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on the Company as bailie 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. 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.
13. 1. If in the Company’s opinion such be necessary for the safety of the vessel or for the safety of other users of the harbour or premises or for their vessels or for the safety of the Company’s harbour, 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 mooring, reberthing, movement, boarding, entering or emergency work arises from the negligence of the Company or those for whom the Company is responsible, the reasonable charges therefore shall be paid by the Owner.
(a) The Company reserves the right to move adapt or remove pontoons at their sole discretion for the purposes of maintenance renewal or reconfiguration of the Marina.
14. Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner.
(a) No Centre ropes are to be used without permission from the Company.
15. Nothing in the Licence shall entitle an Owner to the exclusive use of a particular berth or electric hook-up\socket.
(a) 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.
(b) 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 faulty finding purposes.
(c) 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.
16. 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.
(a) The Owner undertakes to report to the Company within 24 hours any accident or injury that occurs on the Marina or within the Company’s premises. This can be done by visiting the office during opening hours, sending an email to the Company email address or by leaving a voice mail on the Company telephone or by putting a letter through the Company letter box. All correspondence will be acknowledged by the Company.
17. 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. Vessels are at all times subject to the speed restrictions and bylaws of Harbour, Navigation or other authorities.
(a) The Owner shall ensure that the Vessel or Vessels to which the Licence or Licence's relate shall at all times be Licensed in accordance with British Waterways Licensing Rules and Regulations.
18. No noisy, noxious or objectionable engines, radio or other apparatus or machinery, including electrical hand tools, shall be operated within the harbour or premises so as to cause any nuisance or annoyance to the Company, to other users of the Marina 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 as aforesaid. Engines, generators or other apparatus or machinery must not be operated between the hours of 18.00 - 09.00 Mon to Fri, or after 13.00 on Saturday and not at all on Sunday or Bank Holidays.
19. Only one car or small van per boat is permitted in the car park. Additional vehicles are permitted when tenants have guests. (No Motor homes, Large vans or lorries are permitted). When owners are away from the Marina and especially when out cruising, vehicles are to be parked in the main car park as directed by the Marina office.
(a) Speed limits throughout the Marina premises must be adhered to at all times by the Owner and any persons/ vehicle associated with them.
(b) No car maintenance or washing thereof is permitted on the Marina whatsoever.
(c) Owners and their crew are required to park their motor vehicles in such position and in such manner as shall from time to time be directed by the Company.
(d) The small car parks are for short term parking only. (Typically, weekend or loading).
20. Dinghies, tenders and rafts shall be stowed aboard the vessel unless a berth is separately provided by the Company.
21. Tenants must lock the Gates when visiting the Marina outside of office hours.
22. No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the pontoons, jetties or car parks. (Not even on a temporary basis)
23. 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.
(a) Damage to Jetty’s caused in particular by diesel fired heaters, exhausting at gunwale height or below.
(b) The owner must not use any part of the company’s premises for the purpose of lighting BBQ’s with the exception of specific BBQ areas designated at the company’s discretion. BBQ’s must not be lit on Jetties or aboard vessels.
(c) Only smokeless fuel is to be used in Multi fuel burning stoves.
24. The Company reserves the right to 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.
25. (a) The Company shall have the right by notice in writing to the Owner forthwith to terminate this Licence if at any time the Company’s harbour or premises shall be damaged impeded or interfered with by force majeure (as hereinafter defined) as to render it likely that the Company will be unable to continue to provide a berth, mooring or storage ashore accommodation in accordance with the Licence entered into between the Company and the Owner.
(b) In this Clause force majeure means any event or circumstances (whether arising from natural causes, human agency or otherwise) beyond the control of the Company including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) weather conditions, riots, civil commotion, aircraft, fire, breakdown or war.
26. In Clause 15 of the General Conditions ‘other authorities’ shall include CRT and the ‘bye-laws’ shall include those applying to the canals generally and also to the terms of the Connection Licence of FENNY COMPTON MARINA to the OXFORD CANAL. No claims can be made against the Company in relation to the above.
27. In the sole interest of safety of all Marina users no swimming or rod fishing is permitted in the basin.
28. The company only permits partnered brokers/ resellers of narrowboats whilst on company premises. Contact details of partnered brokers/ resellers are available from the office.
29. No bilges may be pumped-out in the confines of the basin.
30. (a) The Owner may not keep any animals on board the Vessel whilst it is in the Marina, other than domesticated animals that have been notified to the Company as being present on the Vessel and approved as suitable to be in the Marina by the Company. The animals approved by the Company as suitable for the Marina must at all times remain on a lead and under the proper control of the Owner whilst they are at the Marina and must never be allowed to cause a nuisance to any other users of the Marina. The company reserves the right to ask the Owner to remove any offending animals from the Marina immediately if this Clause is consistently breached by the Owner.
(b) All owners shall keep all animals on a lead and strictly under control at all times and on all parts of the marina site; no fouling of the jetties, car park or any other part of the marina site shall be permitted. The Owner shall not remain aboard his boat while the animal is ashore. Any fouling shall be immediately and totally removed. The Owner, shall in his absence, be responsible for any animals brought on site, by his family, friends, guests, partners or any other person visiting him or his boat or his berth. Any owner in breach of these rules will be given one warning; further breach will lead to the forfeit of his mooring. Fees paid will be refunded pro rata.
31. The Owner shall not affix a washing line or display any washing or laundry on any part of the vessel, pontoon or jetties, or within any part of the Marina.
32. No refuse shall be thrown overboard, left on the jetties or car parks, or disposed of in any other way other than in the receptacle provided by the Company. Only refuse of a Domestic / daily nature may be deposited in the Company’s refuse skips. All other items to be taken away and disposed of by the Tenant. No Ash shall be thrown overboard or disposed of on site, it is to be left until cold and then disposed of in the bins provided by the Company.
33. The use of temporary cover/tarpaulins are not permitted for no longer than one month, by prior arrangement with the office.