Amble Marina Limited RULES
All use of the Marina is subject to these Terms and Conditions
To protect your interests please read these terms and conditions carefully as they set out your rights and obligations in relation to use of our facilities.
1. DEFINITIONS
In these Rules the following words and expressions shall have the following meanings:
Licence the licence granted by us to You to berth a vessel on our Marina, subject to these Rules;
Marina all of our premises and shall include the marina, moorings and any other facility for berthing a vessel and the car parks;
We/us/our Amble Marina Limited and/or its agents to whom the application for a Licence is made; and
You/Your the customer whose name and address is set out in the order form and includes any charterer, master, agent or other person for the time being lawfully in charge (other than us) of the vessel or vehicle.
2. BERTHING LICENCE
2.1 By signing the order form, We agree to provide You, and You agree to accept a Licence on the basis of these Rules. The annual price for the Licence is the price We have quoted.
2.2 If the berth or any other services We provide to You becomes unavailable or We intend to vary the annual price (including, taking account of any changes in taxes and duties, or errors or omission in the quoted price), We shall notify You and allow You an opportunity to cancel the Licence and pay only for the period of Licence that has passed up to the date of such change.
2.3 If You ask us to alter any services We provide, We may have to change the price We charge you. We will only change such services in the way You request, after We receive signed confirmation from You agreeing to a change to the price.
2.4 Nothing in these Rules shall entitle You to the exclusive use of a particular berth.
2.5 If at any time during the period of this Licence the berth previously used by You shall remain unused by You for a continuous period of 30 days or more, then We shall be entitled to moor or permit a third party to moor a vessel at such berth and We shall be entitled to all income received from such berth. Upon returning Your vessel to the Marina, We shall use all reasonable endeavours to make an alternative berth available to You as soon as practicable. In the event of an alternative berth not being available You shall be entitled to a proportionate refund of the Licence fee for the period during which a berth remains unavailable.
2.6 If Your vessel is absent for more than [30] days from the Marina, You shall use all reasonable endeavours to give to us at least 24 hours’ prior notice of Your intention to return Your vessel to the Marina.
2.7 Your vessel shall be berthed or moored by You in such a manner and position as We may from time to time require and all necessary warps and fenders shall be provided by You. Defective warps and fenders shall be promptly replaced by You.
2.8 You shall not lend or transfer the Licence. This Licence is personal to You, relates to a particular vessel and cannot be sold or assigned by You to any other person. You shall not use the Licence for any vessel other than the vessel stated on the order form without our prior written consent.
2.9 All vessels in or on the Marina may be moved by us to any other part of the Marina and We shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on Your vessel, if in our opinion such action is necessary for the safety of the vessel, or other vessels or users of the Marina.
2.10 If you do not pay the Licence fees when due, we shall be entitled to charge you interest on any outstanding amount at the rate of [2%] interest above the base rate of [bank].
3. LIABILITY AND INSURANCE
3.1 We accept liability if something We do causes death or personal injury as a result of our negligence. We will also accept all liability for damage to property if the cause is our fault.
3.2 Provided You are not purchasing goods or services from us for business purposes, We will also be responsible for loss caused by any goods supplied by us which:-
3.2.1 do not match our description for them;
3.2.2 are not of the quality You would expect of goods of that type;
3.2.3 are not fit for the purposes for which they are provided; and
3.2.4 which We do not have the legal right to sell.
3.3 Other than the liability We have accepted as described above in 3.1 and 3.2, We will not be liable for any losses that You suffer as a result of any breach of any term or condition of these Rules except those losses which are a foreseeable consequence of the breach. In particular, since the goods and services are provided to You as a consumer, We will not accept responsibility for any losses related to any business You conduct such as lost data, lost profits or other business loss that You may incur as a result of any breach of these Rules.
3.4 The Company will also not be liable for any damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any part, material or design of Your vessel, which was not provided by us and which We could not reasonably have been expected both to inspect and test.
3.5 You shall insure Your vessels and vehicles adequately against loss or damage howsoever caused and shall maintain third party insurance (including both public liability and where relevant employers’ liability insurance) in respect of yourself and each of Your vehicles and vessels, Your crew for the time being, and Your agents, servants, visitors, guests and sub-contractors in a sum of not less than £2,000,000 in respect of each accident or damage and shall maintain in respect of each vessel adequate salvage insurance. Such insurance shall be effected and maintained by an insurance office of repute and You shall produce the policy or policies relating thereto to us on demand.
4. YOUR INDEMNITY
You shall indemnify us against all loss, damage, costs, claims or proceedings incurred by or instituted against us or our servants or agents which may be caused by Your vessel or vehicle or by You, Your servants, agents, crew, guests, or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused or contributed to by our negligence or wilful act or those for whom We are responsible.
5. YOUR OBLIGATIONS (SAFETY RULES)
5.1 You shall (and you shall be responsible for ensuring that members of Your family and Your servants, agents, crew, guests and sub-contractors shall) at all times:
5.1.1 ensure that all gas installations on the vessel [are regularly tested and] comply with relevant safety legislation from time to time, which inter-alia requires that only trained, experienced, qualified persons may work on gas installations;
5.1.2 ensure that all children under the age of [16] wear an adequate life jacket and are attended by a responsible adult;
5.1.3 keep animals on a lead and under the full control of their owners; and
5.1.4 stow all dinghies, tenders and rafts aboard the vessel, unless a berth is separately provided by us.
5.2 You shall not (and you shall be responsible for ensuring that members of Your family and Your servants, agents, crew, guests and sub-contractors shall not) except with our written consent, which may be withheld at our sole discretion:
5.2.1 use any part of the Marina or any vessel or vehicle in the Marina for any commercial purpose, including hiring, embarkation or disembarkation of charter parties, sale or demonstration for sale or hire of the vessel;
5.2.2 carry out or permit to be carried out any work to any vessel whilst in or on the Marina, other than minor running repairs or minor maintenance of a routine nature by You, Your regular crew, or members of Your family, which does not cause any nuisance or annoyance to any other users of the Marina or any person residing in the vicinity;
5.2.3 dive, swim or fish in any part of the Marina;
5.2.4 permit any child to ride in luggage trolleys;
5.2.5 permit any animal to cause any nuisance or annoyance to any other person; or permit any animal to foul on the Marina pontoons or premises, and if this does occur the person responsible for the animal must immediately remove such fouling;
5.2.6 operate any noisy, noxious or objectionable engines, radio or other apparatus or machinery within the Marina or cause such nuisance to any other users of the Marina or premises or any person residing in the vicinity and shall not behave in such a way as to offend as aforesaid;
5.2.7 secure all halyards so as not to cause any nuisance or annoyance to other users of the Marina;
5.2.8 navigate the vessel, when entering or leaving or manoeuvring in the Marina, at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina. Vessels are at all times subject to the speed restrictions and bye-laws of harbour, navigation or other authorities;
5.2.9 leave any items of gear, fittings or equipment, supplies, stores, or the like on the pontoons or jetties or in the car parks. Any such gear may be removal and disposed of by us without liability to You for the cost of such abandoned gear, fittings or equipment; or
5.2.10 discharge or throw overboard, leave on the pontoons or jetties or in the car parks, or dispose of other than in the receptacles provided by us or by removal from the Marina, any refuse or noxious substances or sewage. In particular, waste oil shall be deposited in our waste oil tank and all ‘special waste’ (including batteries, tyres, toxic chemicals and paints) shall be removed from the Marina for disposal.
6. PRIVATE SALE OF VESSELS ON THE MARINA
6.1 We shall have an exclusive right of [brokerage selling] of vessels in or on the Marina.
6.2 You shall be permitted to arrange a private sale of not more than one vessel during any period of twelve consecutive months during the Licence. In the event of such a sale:-
6.2.1 You shall be present at all times during which the vessel is to be viewed;
6.2.2 You shall not be permitted to display a ‘For Sale’ notice in Your vessel whilst in or on the Marina; and
6.2.3 You shall pay commission to us upon such private sale of one per cent of the sale price (plus VAT at the then current rate) except where prior notice has been given by us of a higher rate of commission.
7. TERMINATION OF CONTRACT
7.1 We shall be entitled (without prejudice to any other rights in respect of breaches of these Rules by You) to terminate the Licence granted to You in the following manner in the event of any material breach by You of these Rules or of any failure of You to make any payment due to us. If the breach is capable of remedy or You have failed to make any such payment We may serve notice on You personally or by sending it by recorded delivery to Your last known address specifying the breach or failure to pay and requiring You to remedy the breach or pay the amount due within [30] days. If You fail to remedy such breach or pay the amount due within [30] days, or if the breach is not capable of remedy or You or Your guests are responsible for persistent breaches of the safety rules, We may serve notice on You personally or by sending it by recorded delivery to Your last known address specifying the breach or failure to pay (when not already specified) and requiring You to remove Your vessel and any other property of yours from the Marina.
7.2 Either party may terminate the Licence by giving not less than 28 days’ notice in writing of such termination, at the expiration of which You shall pay all outstanding Licence fees and shall remove Your vessel from the Marina.
7.3 Any of our obligations towards a vessel or goods left at the Marina shall end upon the expiry or termination of the Licence and shall not apply in respect of any vessels or goods left at the Marina without a current Licence.
7.4 If You fail to remove Your vessel on termination of the Licence (whether under this Rule or otherwise), We shall be entitled:-
7.4.1 to charge You any sums which would have been payable by You to us if the Licence had not been terminated for the period between termination of the Licence and removal of the vessel from the Marina; and/or
7.4.2 at Your risk to remove the vessel from the Marina and thereupon secure it elsewhere and charge You with all costs arising out of such removal including reasonable alternative berthing or storage fees.
7.5 We shall have the right by notice in writing to You to suspend or to terminate the Licence if at any time the Marina shall be so damaged, impeded, or interfered with by force majeure (as defined below) as to render it likely that We will be unable to continue to provide a berth or mooring in accordance with the Licence entered into between us and You.
7.6 Force majeure means any event or circumstances (whether arising from natural causes, human agency or otherwise) beyond our control including (insofar as beyond such control) but without limitation, extreme weather conditions, riots, civil commotion, aircraft, fire or war.
7.7 In the event of termination, We shall refund to You the unexpired portion of the Licence fee for the relevant period, if any.
8. LIEN
8.1 We may retain Your vessel until any unpaid Licence fees owing to us have been paid.
8.2 The Company may sell Your vessel and any other goods and equipment, including trailers and cradles to recover any unpaid Licence fees. The Company can only do this after giving You not less than 30 day’s notice in writing that We intends to do so.
8.3 If We sell Your vessel or other goods and equipment and the proceeds from the sale are greater than the amount You owe to us, then We shall pay to You the excess amount after deducting our costs of the sale.
9. ELECTRICAL SAFETY AND FIRE PREVENTION
9.1 We reserve the right to refuse to supply electricity to any vessel which in our opinion does not have a safe linking cable or installation. You are advised to hold IEE Inspection and Test Certificates signed by a competent electrician and to maintain their installation in accordance with current legislation. No liability can be accepted by us for any loss arising from supply interruption.
9.2 You shall take all necessary precautions against the outbreak of fire in or upon Your vessel and You shall observe all statutory and local regulations relative to fire prevention (if any) which shall be exhibited at the Marina. You shall provide and maintain at least one fire extinguisher of a governmentally approved or BSI standard type and size in or on Your vessel in case of fire, which extinguisher shall at all times be kept ready for immediate use and in good and efficient working order.
9.3 You shall not refuel vessels in the Marina otherwise than at our refuelling berth.
10. PARKING
10.1 You and Your crew are required to park their motor vehicles in such position and in such manner as shall from time to time be directed by us. Vehicles may not be left for periods of more than [5] days at our premises except by special consent in writing by us.
10.2 Limited storage for boat trailers and/or cradles is available at an annual charge, payable in advance, subject to our written consent. All trailers/cradles must be clearly identified with the relevant vessel’s name painted on in a prominent position.
10.3 Any item which is, in our reasonable opinion, abandoned in the Marina may following notice in writing of not less than [30 days] be disposed of, removed or sold and the proceeds, if any, less the costs of sale, if any, shall be paid to You on demand.
11. DATA PROTECTION
By signing the order form, you consent to the storage and processing of your personal data by us in accordance with the data Protection Act 1998 for the purposes of these Rules and our agreement with you for the Licence. Your personal data may be disclosed and passed to third parties to the extent necessary to assist with debt recovery procedures.