General Conditions of Berthing and Mooring
1. In these conditions the Proprietor is Crick Wharf Marina Ltd and termed the Proprietor. The owner of the Vessel, vehicle or other person lawfully in charge of the Vessel or vehicle is termed the Owner. The moorings, premises and facilities at Crick Wharf Marina are termed the Marina.
2. This agreement is subject to an initial three-month probationary period. During, or at the end of this period, should the Proprietor judge that the Vessel or Owner is not suitable then the Owner is to remove the Vessel and other property of the Owners from the Marina within 14 days of being issued written notice. Likewise, should the Owner feel that the moorings are not suitable then the Owner may terminate the agreement within the probationary period. Mooring fees are payable to the Proprietor up to the date of departure from the Marina by the Vessel.
3. All vessels in the Marina may be moved by the Proprietor to any other part of the Marina, without prior consent of the Owner.
4. The Proprietor shall not be liable whether in contract, tort or otherwise for any loss, theft or 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 Proprietor or those for whom the Proprietor are responsible.
5. The Owner shall indemnify the Proprietor against all loss, damage, costs, claims or proceedings incurred by or instituted against the Proprietor 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 or proceedings may be caused by the negligence or wilful act of the Proprietor or those for whom it is responsible.
6. The Owner shall maintain Third Party insurance in respect of each Vessel and vehicle in a sum not less than £2 million for the Vessel and the road use legal minimum for the vehicle in respect of each accident or damage. 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 Proprietor on demand.
7. The Owner shall maintain a Canal & River Trust licence and BSS Certificate in respect of the Vessel and share these details with the Proprietor.
8. No part of the Marina or of any Vessel or vehicle while situated therein shall be used by the Owner for any commercial purposes.
9. The address of the Marina may not be used for personal mail. Details of an address for the Owner to be provided, along with sufficient proof. The Vessel boat cannot be used as your permanent residence.
10. No washing to be hung to dry on the outside the Vessel or on the jetties or banks, and no containers, seats or other items to be kept on the jetties or banks without prior permission of the Proprietor.
11. No Vessel shall be offered for sale or be sold by the Owner whilst it is moored at the Marina unless first offered to the brokerage of ABNB Ltd or Crick Boat Sales. Any sale not through these brokerages is subject to a charge of 2% plus VAT (with a minimum of £250) of the sale price. No signage is permitted showing Vessel for sale. No other broker than ABNB Ltd or Crick Boat Sales is permitted on-site without express permission of Crick Wharf Marina Ltd.
12. If the Vessel ownership is transferred or finance arrangements altered, within seven days of any transfer or mortgage of any Vessel granted a agreement subject to these conditions the Owner shall notify the Proprietor of the name and address of the transferee or mortgagee as the case may be.
13. The berth is not transferable to a new owner of your Vessel without express permission from the Proprietor and the completion of a mooring agreement with them. You may not berth any substitute vessel unless this has been agreed in writing by the Proprietor.
14. No work shall be done to the Vessel or vehicle whilst at the Marina (unless with the prior written consent of the Proprietor which may be withheld at its sole discretion) other than minor running repairs or minor maintenance of a routine nature not causing any nuisance or annoyance to any other users of the Marina or any other person residing in the vicinity. Specifically, no work shall be done to the Vessel’s gas or electrical systems unless by a competent person.
15. Any outside contractor must seek permission from the Proprietor and provide evidence of Third Party insurance prior to commencing work on a Vessel or vehicle.
16. Mooring fees are payable in advance, and subject to additional interest (at the Bank of England base rate plus 4%) if not paid by the due date. Should the Owner wish to give notice of leaving the Marina, any advance payment of fees will not be returned, unless the mooring is subsequently re-let during the period of advance payment after the Vessel has left.
17. The Proprietor or the Owner may terminate the agreement by giving the other 90 days notice in writing of such termination, at the expiration of which the Owner shall remove the Vessel and any other property of the Owners from the Marina. Mooring fees are payable to the Proprietor at least up to the date of such expiration and beyond if paid in advance (subject to clause 16), regardless of the date of departure from the Marina by the Vessel, unless otherwise agreed in writing between the parties.
18. The Proprietor has the right to exercise a general lien upon any Vessel or other property of the Vessel’s Owner whilst in or on the Marina, until such time as any money due to the Proprietor in respect of the Vessel or other such property, whether on account of rental, storage, commission, access or berthing charges, work done or otherwise is paid.
19. The Proprietor shall have the right (without prejudice to any other rights in respect of breaches of these conditions by the Owner) to terminate the agreement 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 Proprietor. a. If the breach is capable of remedy or the Owner has failed to make any such payment the Proprietor may serve notice on the Owner specifying the breach or the failure to pay and requiring the Owner to remedy the breach or pay the amount due within 14 days. b. If the Owner fails to remedy such breach or pay the amount within 14 days, or if the breach is not capable of remedy, the Proprietor may serve notice on the Owner specifying the breach or failure to pay (when not already specified) and requiring the Owner to remove the Vessel within 14 days at the expiration of which the Owner shall remove the Vessel and other property of the Owner’s from the Marina.
20. If the Owner fails to remove the Vessel on termination of the agreement (whether under an agreed termination or a forced termination) the Proprietor shall be entitled to: a. Charge the Owner with the rental which would have been payable by the Owner to the Proprietor if the agreement had not been terminated for the period between termination of the agreement and removal of the Vessel from the Marina. b. At the Owner’s risk (save in respect of loss or damage by the Proprietor’s negligence during such removal) to remove the Vessel from the Marina and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.
21. In all cases where a agreement 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: a. personally on the Owner or sent by Registered Post or Recorded Delivery service to the last known address in the United Kingdom of the Owner; b. or by the Owner personally or sent by Registered Post or Recorded Delivery service to the principal place of business of the Proprietor.
22. Any vessel or other items left at the Marina are subject to the provision of the Torts (Interference with Goods) Act 1977 which confers on the Proprietor as bailee a right of sale exercisable in certain circumstances. Such sale will not take place until the Proprietor has given notice to the Owner or has taken reasonable steps to trace the Owner in accordance with the Act. A similar right of sale shall also arise when any vessel or other items of which the Proprietor is not a bailee are left at the Marina. Any obligation of the Proprietor towards Vessel or items left at the Marina ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such Vessel or items and the Proprietor accepts no responsibility for the loss or damage to any Vessel or items left at the Marina without its consent in so far as such loss or damage is caused by the negligence of the Proprietor or those for whom it is responsible.
23. If in the Proprietor’s opinion such be necessary for the safety of the Vessel or for the safety of other users of the Marina or for other vessels or for the safety of the Proprietor’s moorings, premises, plant or equipment, the Proprietor shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on the Vessel. The Proprietor shall hold keys for the Vessel to assist with performing any of these tasks. The Proprietor’s reasonable charges in connection with any of these tasks shall be paid by the Owner within 14 days of an account being rendered, except to the extent that such mooring, re-berthing, movement, boarding, entering or emergency work arises from the negligence of the Proprietor or those for whom it is responsible.
24. Unless the Owner has the Proprietor’s prior consent, the Owner shall not lend or transfer the berth (this agreement being personal to the Owner relating to a particular Vessel and non-assignable) nor shall the Owner use the berth for any other vessel. Subject to any special condition of the Proprietor to the contrary, if the Owner notifies the Proprietor in writing that the Vessel will be away from the Marina for 28 days or more and the Proprietor is able to fill the berth normally occupied by the Owner’s Vessel on a continuous basis for a period or periods of not less that 14 days each, the Proprietor shall pay the Owner not less than one-third of the net mooring income so received for each period.
25. If the Owner notifies the Proprietor in writing that the vessel will be away from the Marina for 28 days or more the Proprietor has an implied permission to use the berth to temporarily moor a boat on brokerage without any payment to the Owner, unless the Owner refuses such permission in writing. Any such temporarily moored boat will be moved upon the Owner’s return to the Marina.
26. Vessels shall be berthed or moored by the Owner in such a manner and position as the Proprietor may require with the necessary ropes and fenders provided by the Owner.
27. Nothing in the agreement shall entitle an Owner to the exclusive use of a particular berth.
28. Berths shall be licensed by the Proprietor and charges will be calculated by reference to the Proprietor’s published list of charges ruling at the commencement of the agreement, and subsequent published lists.
29. All persons using any part of the Marina 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 Marina was caused by or resulted from the Proprietor’s negligence or deliberate act of those for whom it is responsible.
30. No noisy, noxious or objectionable engines, radios or other apparatus or machinery shall be operated at the Marina by the Owner so as to cause any nuisance or annoyance to the Proprietor, to any other users of the Marina or to any person residing in the vicinity, and the Owner undertakes that any person using the Vessel shall not behave in such a way as to offend.
31. The Owner shall keep all animals strictly under control at all times with any fouling of the jetties, banks, car park or other parts of the Marina immediately removed and disposed of. Dogs must be kept on a lead at all times whilst not on your Vessel.
32. No refuse or ash shall be thrown overboard or left on the jetties, banks or car park or disposed of in any other way than in recognised receptacles or by removal from the Marina. Only clean bilge water may be discharged into the waterway. Anyone seen to be discharging dirty/oily bilge water will be asked to leave.
33. Cassette toilets may be emptied in the disposal point. Users must ensure that the disposal point and building are left in a clean and tidy state after every use.
34. Owners and their crew are required to park their vehicles in the car park. No more than one vehicle per Vessel shall be parked in the car park unless previously agreed with the Proprietor. No parking on grass areas.
35. No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the jetties, banks or the car park.
36. The Owner shall take all necessary precautions against the outbreak of fire in or upon the Vessel, on the jetties, banks or car park, and the Owner shall observe all statutory and local regulations relative to fire prevention. The Owner shall provide and maintain sufficient fire fighting equipment onboard and fit for immediate use in case of fire. Owners shall not re-fuel petrol tanks (whether onboard tanks or for portable appliances) at the Marina. BBQs only allowed with prior permission of the Proprietor, with suitable means provided to prevent damage to the jetties, banks or car park.
37. Owners may use electricity from one of the distribution sockets fitted via a metered supply. A service charge will be applied to each Kwh used.
38. Owners may use water from one of the taps located at the Marina, without charge, and shall take all necessary precautions against water wastage. The Proprietor does not guarantee a supply to all taps.
39. The Proprietor reserves the right to introduce regulations which relate solely to the administration of the Marina and which are not inconsistent with these conditions, and to amend such regulations from time to time. Such regulations and any amendment shall become effective on being advised to the Owner in writing or by verbal contact, and the Proprietor shall have the same rights against the Owner for a breach of introduced regulations as for a breach of these conditions.
40. This agreement shall be construed in accordance with and shall be governed by English Law. All disputes arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the Courts of England & Wales.
41. No exercise or failure to exercise or delay in exercising any right or remedy vested in either party shall be deemed to be a waiver by that party of that or any other right or remedy.
42. In the event that any provision of these terms is held to be a violation of any applicable law, statute or regulation, such provision shall be deemed to be deleted from these terms, with the remaining provisions unaffected.
