BOURNE END MARINA REGULATIONS
Everyone using or entering into the MARINA for whatever purpose shall be deemed to do so in accordance with these terms and conditions which form the MARINA REGULATIONS.
In these Regulations the following words and phrases will have the following meanings:
Company means Bourne End Marina Limited and/or any holding company, subsidiary or subsidiaries of the Company or its holding company as defined by section 736 of the Companies Act 1985 and its successors in title.
Berth means the water or land space temporarily allocated to an OWNER from time to time by the COMPANY for the mooring of the BOAT during the term of any Berthing Agreement or to a USER for temporary use.
Boat means any vessels, ships, yachts, dinghies or craft whether or not their principle propulsion shall be by wind or engine.
Manager means the person or his representative who shall be responsible for the day-to-day management and administration of the MARINA.
Marina means all the land, structures and water adjacent to it including but not limited to pontoons, finger pontoons, fueling pontoons, jetties, quays, piers, moorings, buildings, facilities and car parks which the COMPANY makes available for use from time to time for its customers and members of the public at Wharf lane, Bourne End, Bucks to which these Regulation apply.
Owner means any person or persons or corporate body who shall have entered into a Berthing Agreement with the COMPANY permitting such person or persons or corporate body to berth a BOAT in a BERTH in the MARINA or any person acting or purporting to act as the OWNER or OWNER’S agent. All OWNERS are deemed to warrant and represent that:
1 he/she is the legal and/or beneficial owner of the BOAT or is otherwise lawfully in possession of the BOAT and duly authorised to act as agent on the OWNER’S behalf.
2 he/she is the leader of the OWNER’S PARTY and authorised to enter into legally binding relations as agent on behalf of all persons within the OWNER’S PARTY.
Owner’s means the OWNERS family, guests, visitors, agents, licensees and all other trade or private
Party persons lawfully at any time within the MARINA.
User means any OWNER, member of an OWNERS PARTY or other person using or visiting the MARINA for any purpose whatsoever
2 Safety and Environment
2.1 The COMPANY shall have the right to board and enter (by force if necessary) to carry out any emergency work on any BOAT without prior notice to the OWNER or USER if in the COMPANY’S opinion such work is necessary for the safety of the BOAT or the safety and/or convenience of other MARINA USERS . The OWNER or USER shall pay on demand the COMPANY’S reasonable charges for such work.
2.2 No dangerous, inflammable, poisonous or noxious substances, spirits, oil or petrol or other inflammable fluid shall be brought into the MARINA or stored on the BOAT except in properly secured containers expressly designed to contain such substances against leakage.
2.3 All OWNERS and other USERS shall refuel the BOAT in a safe and responsible manner and only in the area expressly reserved for and indicated as the refueling area in the MARINA and all OWNERs and other USERS shall comply with all directions and regulations of the COMPANY as displayed in the MARINA office and/or the refuelling areas.
2.4 The BOAT shall be berthed by OWNERs and USERS in such a manner and in such a location as the COMPANY may require. All necessary warps and fenders shall be provided by OWNERS and USERS who must ensure that any BOAT of which they have charge is properly and safely secured and attached to the pontoon at all times. OWNERS and USERS will be responsible for the security of mooring lines, warps and fenders and for replacing them when necessary.
2.5 All OWNERS and USERS shall comply with all reasonable instructions of the MANAGER in connection with all matters relating to the safe and efficient operation of the MARINA.
2.6 All OWNERS and USERS shall navigate and control the boat in the MARINA at all times in a seamanlike manner so as to cause no danger, damage or inconvenience to any other person or boat. In particular the BOAT shall proceed at a speed which is safe in relation to prevailing conditions and shall at all times comply with any speed restrictions displayed from time to time within the MARINA or imposed by the Environment Agency or other relevant River Authority. Unless otherwise displayed, a maximum water speed limit of 4 knots and a maximum land speed limit of 10mph must at all times be observed within the MARINA.
2.7 No OWNER or USER shall operate or permit to be operated within the MARINA any engine generator or other machinery, radio or any apparatus so as to cause any noise nuisance annoyance or inconvenience to other MARINA users or other persons residing in the vicinity of the MARINA. The OWNER further undertakes and agrees for himself and the OWNER’S PARTY using the BOAT and MARINA facilities and all USERS AGREE that they shall behave in a considerate manner and in such a way as to cause no nuisance annoyance or inconvenience to any other MARINA users.
2.8 At all times flags banners and other items attached to the BOAT must be secured so as not to cause any noise nuisance or inconvenience to other MARINA users.
2.9 No refuse shall be thrown overboard or left on the pontoon jetties or other parts of the MARINA; it must be disposed of only in receptacles provided by the COMPANY or removed entirely from the MARINA. Oil, petrol, tar, paint (antifouling or otherwise), sewage and any other similar toxic or noxious substances must be discharged exclusively into receptacles specifically provided to receive such waste materials. In no circumstances shall such waste be discharged into the water or left elsewhere in the MARINA.
2.10 Animals may only be brought into the MARINA provided that they are at all times kept under the control of the OWNER or USER and dogs are to be kept on a leash and must not cause inconvenience in the form of noise, fouling of pontoons or other communal areas or otherwise. Animals insofar as reasonably practical shall be kept aboard the BOAT at all times. The COMPANY reserves the right to require any OWNER or USER to remove any animal from the MARINA without prior notice.
2.11 No OWNER or USER shall erect any washing line on a BOAT or within the MARINA or allow washing to be displayed on the exterior of a BOAT.
2.12 OWNERS and USERS must take all necessary precautions against the outbreak of fire in or upon any BOAT. All BOATS must be equipped with at least one fire extinguisher in or upon the BOAT suitable for the type of engines, fuel and equipment of the BOAT and of a kind which shall be approved by the Environment Agency or other relevant River Authority. Such extinguisher shall at all times be kept instantly ready for use and in good and efficient working order.
2.13 No person shall be permitted to work on the BOAT or otherwise in the MARINA so as to cause nuisance or annoyance or inconvenience to other MARINA users or visitors or damage to other boats and in particular OWNERS and USERS must take steps to ensure that the minimum of dust is caused when cleaning or maintaining a BOAT or as a result of any other operations. All waste materials must be cleared daily after work on the BOAT or otherwise and shall be deposited in suitable receptacles. If the OWNER or USER or any agent of the OWNER or USER fails properly to clear away any such waste the COMPANY shall itself remove such waste and the OWNER or USER shall pay on demand the COMPANY’S reasonable costs incurred collecting and disposing of such waste.
2.14 All injuries or accidents that occur within the MARINA must be reported in writing to the MANAGER within 24hours of their occurrence.
2.15 All OWNERS and USERS must read and understand the COMPANY’S Health and Safety and Environmental Policies, which are available from the MANAGER’S office. The COMPANY reserves the right to amend such policies from time to time without notice.
2.16 The Marina basin is not to be used for water sports (including without limitation wind surfing or dinghy sailing) of any kind which could be of a nuisance or danger to other USERS.
2.17 The manager or other representative of the COMPANY has the right to stop any activity which is or could become a nuisance or a danger to other USERS and to require the OWNER or any person within the OWNER’S PARTYor any USER to leave the MARINA immediately if any of them fails to observe these or any other MARINA REGULATIONS or other applicable regulations upon being requested by the MANAGER (or MANAGER’S duly authorised deputy) to do so.
2.18 No fires, outside stoves, barbeques or similar devices are to be used in the Marina.
3.1 All BOATS must be moored in the BERTH allocated to them by the COMPANY from time to time and shall not be moored elsewhere in the MARINA without the prior written agreement of the COMPANY.
3.2 The COMPANY shall have the absolute right to reallocate any BERTH to another boat without compensation to the OWNER or USER.
3.3 The COMPANY shall have the right without prior notice to require any OWNER or USER to move and reberth a BOAT and shall itself have the right to move and reberth a BOAT to any new location within the MARINA if the COMPANY considers it to be in the interests of the COMPANY, the OWNER or any other MARINA USERS .
3.4 OWNERS are required to notify the COMPANY advising it of any period when the OWNER’S BOAT will be absent from its allocated BERTH. In the absence of this communication, the COMPANY cannot guarantee that the same BERTH will be available upon return of the BOAT . The Company’s rights under this clause are without prejudice to its rights under clause 3.3
4 Mooring Fees Other Services and Payment
4.1 The Company shall be entitled to invoice the Owner for all marina services (other than those included in the Mooring Fee) provided to the Owner by the Company on or at any time after provision of such services.
4.2 The Owner shall pay the Company the price of any such marina services within 7 days of the date of the Company’s invoice
4.3 The Owner shall pay the Mooring Fee as set out in the Licence Certificate.
4.4 If the Owner fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
4.4.1 Terminate this Agreement forthwith by notice in writing.
4.4.2 Suspend the provision of any services (including but not limited to the provision of a berth) to the Owner.
4.4.3 Prevent the Vessel leaving the Marina.
4.4.4 Appropriate any payment made by the Owner to such of the services supplied by the Company or the Berthing Fee as the Company may think fit (notwithstanding any purported appropriation by the Owner); and
4.4.5 Charge the Owner interest (both before and after any judgement) on the amount unpaid, at the rate of 2% per month (or part of a month) compounded monthly until payment in full is made.
4.4.6 Notwithstanding the Owner’s failure to sign the Licence Certificate the Owner shall be deemed to have accepted the terms of this Agreement on taking up a berth at the Marina.
4.4.7 The Company reserves the right to charge the Owner berthing fees at the Company’s then prevailing daily berthing rate for any period during which the Owner leaves a vessel at the Marina if there is no current berthing licence in relation to that vessel between the Company and the Owner.
5.1 This Agreement shall commence on the Commencement Date and shall subject to earlier termination in accordance with this Agreement continue until the Termination Date.
5.2 Without prejudice to any other right or remedy available to the Company, the Company shall be entitled to terminate this Agreement forthwith by notice in writing to the Owner if the Owner commits any breach of any of the provisions of this Agreement and in the case of a breach capable of remedy, fails to remedy the same within 7 days of the date of written notice giving full particulars of the breach and requiring it to be remedied.
5.3 Notwithstanding any other provision of this Agreement or the Rules, on termination of this Agreement for any reason the Owner shall immediately pay all monies to the Company and remove the Vessel from the Marina.
5.4 TERMINATION BY OWNER
This Licence may be terminated on 16 weeks' written notice by the owner to the Company. In this event the Company shall be entitled to recalculate the charge for the Berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the Company then the Owner shall be required to pay the balance before removing the vessel from the Marina. If there is a balance in favour of the Owner the Company shall pay it to the Owner upon the Vessel's departure from the Marina.
6.1 Where the item of this Agreement is 12 months or more:
6.1.1 the Company shall, not less than 30 days before the Termination Date, notify the Owner of the berthing fees payable in the marina for the 12 months period commencing immediately after the Termination date.
6.1.2 the Owner shall notify the Company within 30 days after the date of such notice if he wishes to enter into a new berthing licence stating the desired period thereof and the vessel for which the berthing licence is sought and the Company shall use its reasonable endeavours to accommodate the Owner in this regard;
6.1.3 if the Company does not receive notice pursuant to condition 6.1.2 from the Owner, the Company gives no assurance that a berth will be available to the Owner.
7.1 Subject to paragraph 13.10, the COMPANY permits routine maintenance and up keep work in accordance with 2.13 above but no OWNER, USER or their agents shall be permitted to construct or complete the construction of or perform major works on any boat within the MARINA without the prior written consent of the COMPANY which consent may be granted or refused by the COMPANY at its absolute discretion. Any work carried out by the COMPANY shall be on the COMPANY’S standard boatyard terms of business.
7.1 Dinghies, tenders and rafts shall be stowed aboard the BOAT unless the OWNER or USER and the COMPANY shall otherwise agree in writing.
7.2 The BOAT and any associated dinghies tenders trailers and cradles shall be clearly marked with the name of the BOAT. Any other equipment which is not stored securely in the BOAT shall also be clearly marked with the name of the BOAT.
7.3 No parts of the BOAT or other equipment, dinghies, gear fittings, supplies, stores or similar items shall be stored or left upon or otherwise within the MARINA without the prior written consent of the COMPANY which consent may be granted or refused by the COMPANY in its absolute discretion.
7.4 No OWNER or USER shall himself nor shall he permit any other person to live aboard the BOAT.
7.5 If requested by the COMPANY the OWNER or USER shall deposit keys with the MANAGER giving full access to the interior and lockers of the BOAT including engine keys.
7.6 OWNERS must notify the MARINA office prior to their departure by BOAT from the MARINA together with anticipated time and date of return and any changes in those times.
7.7 In no circumstances shall anything, including without limitation any vehicle, trailer or boat be parked or left so as to obstruct the pontoons, roadways, cranage areas or any other working areas within the MARINA. The COMPANY reserves the right to remove any such obstruction at the appropriate OWNER or USER’S risk by cranage, towing or otherwise if such obstruction interferes or might interfere in any way with the commercial activities or the convenience of other MARINA users or has or might have an adverse safety or environmental effect. The COMPANY reserves the right to charge the appropriate OWNER or USER for the reasonable costs incurred in moving or storing such obstruction.
7.8 No tent, caravan (motor or trailer) or other vehicle adapted or designed for sleeping may remain in any part of the MARINA without the prior written consent of the COMPANY.
7.9 In no circumstances shall any OWNER or USER display or cause to be displayed any ‘For Sale’ or similar notice on or in any BOAT or in any other part of the MARINA.
7.10 OWNERS’ BOATS may be used for private purposes only and no OWNER is permitted directly or indirectly to charter their BOAT or otherwise use it or allow it to be used commercially without the prior written consent of the COMPANY.
7.11 OWNERS and USERS shall at all times be responsible for the proper upkeep and/or maintenance of their BOATS (whether afloat or ashore) which shall be maintained in good and clean condition and be secure and able to proceed under their own power at all times. The BOAT shall leave the MARINA at least twice during any period of 12 months if requested by the COMPANY to do so.
7.12 If any OWNER or USER fails to remove their BOAT at the request of the COMPANY, the COMPANY shall have the right to do so and the relevant OWNER or USER shall pay the reasonable costs and expenses of the COMPANY including but not limited to cranage and storage charges at the MARINA’S published rates.
8.1 All OWNERS must maintain in full force and effect a fully comprehensive insurance policy featuring comprehensive hull, gear and equipment cover and public liability insurance in an amount of at least TWO MILLION POUNDS STERLING for the BOAT and other property within the MARINA in the care custody or control of the OWNER together with such other insurance cover as is normal for a boat of its size power and description. Such insurance to be effected with an insurance company of repute.
8.2 The OWNER shall not cancel surrender or materially alter the terms of such insurance policy without the prior written consent of the COMPANY which consent will not unreasonably be withheld.
8.3 The OWNER on request shall furnish the COMPANY with appropriate details or legible copies of current insurance certificates and policy of insurances together with copy of receipt for the last premiums paid.
8.4 The OWNER must not do or permit anything to be done which contravenes or materially affects the terms and conditions of such insurance policy
9 Sale of BOATS
9.1 Where an OWNER wishes to sell a boat, access commission of 1% of the gross sale price plus VAT will be payable to the Company immediately on completion of the sale. In the event of a sale, the OWNER must immediately notify the COMPANY of the name and address of the purchaser and the gross sale price
9.2 The COMPANY will not be responsible for any damage caused when assisting a prospective purchaser to view the boat . The OWNER must ensure that the MANAGER has adequate notice of a visit by a prospective purchaser.
9.3 If the new owner of that boat wishes to continue to use the mooring the COMPANY reserves the right to ensure that the new owner is fully aware of these REGULATIONS and enters into new Berthing Agreement.
9.4 OWNERS shall be permitted to arrange a private sale of not more than one BOAT during any one or more periods of 12 consecutive months of any Berthing Agreement granted to the OWNER and the OWNER shall notify the brokerage concessionaires of the COMPANY of any such sale.
10 Launching and lifting of BOATS
10.1 At the OWNER’S request the COMPANY will if possible launch his BOAT at any suitable time and weather conditions.
10.2 Charges for launching and lifting of BOATS must be paid in advance to the Company. The cost of moving other boats for this purpose and/or any attendant expenses must be paid for by the OWNER.
10.3 The Company’s liability for any loss or damage arising from the launching or lifting of any BOAT shall be limited in accordance with the OWNER’S Berthing Agreement.
11 Access to car parking
11.1 Any vehicle parked on the MARINA must be identifiable by means of a current car parking permit, only one car is allowed per boat at any one time, spaces are on a first come first service basis; there is no guarantee of a space. A permit will be issued to the OWNER of each BOAT. Any vehicle not displaying a current car parking pass or parked illegally (not in a designated parking bay) may be wheel clamped and the OWNER or the USER may be charged a release fee.
11.2 All OWNERS (and members of the OWNERS PARTY) and USERS are required to park their motor vehicles in such a position and in such a manner as shall from time to time be directed by the COMPANY.
12.1 All vehicles and trailers (with or without craft) are parked at the SOLE RISK of the OWNER or USER.
12.2 All boats are moored and stored ashore at the SOLE RISK of the OWNER or USER.
12.3 All persons entering onto the MARINA or mooring a BOAT in it do so at their OWN RISK
12.4 The COMPANY shall not be liable in any way for any injury to any such persons or for any loss or damage suffered by them or by any BOAT or property brought by them onto the MARINA .
12.5 Nothing in this Clause 9 shall be construed as attempting to limit the liability of the COMPANY in respect of injury to or the death of any person caused by any wilful or negligent act or omission of any party, its employees, agents or subcontractors.
12.6 Any damage caused to the Marina including without limitation the moorings, equipment, office, toilets and car parks, by any OWNER, member of the OWNER’S PARTY or USER their invitees or pets shall be the responsibility of that OWNER or USER respectively and must be made good to the reasonable satisfaction of the Company.
13 General Conditions
13.1 The COMPANY expressly reserves the right to introduce new terms and conditions or vary these terms and conditions in order to promote the better administration of the MARINA in the interests of MARINA users as a whole or to comply with statutes, regulations or bye-laws.
13.2 Sub-letting of moorings or BOATS is strictly forbidden and the use of BOATS and moorings is restricted to OWNERS and members of the OWNERS immediate family. Use by others must be with the prior written consent of the Company.
13.3 Access under theses Regulations is limited to the MARINA. Entry upon all other adjoining land and water owned by the COMPANY is forbidden.
13.4 Fishing is prohibited within the MARINA.
13.5 Electricity (where applicable) is subject to the following conditions:
13.6 the COMPANY shall charge for the supply of electricity on its current published rates;
13.6.1 supply is provided to and for the BOATS which are the subject of a Berthing Agreement only. Shared supply is not permitted. Any loss or damage arising from the supply of electricity shall be limited in accordance with the relevant Berthing Agreement;
13.6.2 the COMPANY cannot guarantee continuous supply as power cuts and breakdowns are not within its control and will not be responsible for any inconvenience or damage caused in the event or disruption of use however that may have been caused;
13.6.3 no connectors and cables which have not been supplied by the COMPANY may be used save with the prior written consent of the Company. No OWNER or USER shall not seek to connect or reconnect the connectors and cables save with the prior written consent of the Company;
13.6.4 overloading will cause trips to activate and immediate reconnection may not be possible and under no circumstances will this be carried out outside normal office hours; and
13.6.5 all electricity consumed shall be paid for by the OWNER on demand at the current rate of charges in force at the MARINA from time to time. A note of such charges is available from the Marina office during office hours; and
13.6.6 if payment is overdue the supply will be disconnected and a reconnection charge made.
13.7 Any work carried out by the COMPANY for an OWNER or USER will be as provided for in the appropriate Berthing Agreement or otherwise on the COMPANY’S STANDARD BOATYARD TERMS AND CONDITIONS.
13.8 Except with the prior written consent of the COMPANY, which may be withheld at the COMPANY’S sole discretion, no part of the MARINA or any BOAT shall be used by the OWNER or USER for any commercial purposes, including hiring, embarkation of charter parties, sale or demonstration for sale or hire of the BOAT, provided that the occasional use of the BOAT by a friend of the OWNER on payment to the OWNER of a contribution towards the actual running cost of the said BOAT shall not be deemed a commercial purpose.
13.9 All OWNERS and USERS must observe the Bye-Laws of the Environment Agency or any other relevant River Authority and all other rules or regulations affecting the MARINA, whether statutory or otherwise.
13.10 No OWNER or USER shall permit any contractors to work on his BOAT whilst in the MARINA unless the contractor has first completed the necessary registration documents, given an undertaking to maintain Third Party Liability insurance in the sum of at least two million pounds sterling and where applicable paid a registration fee at the current rate.
13.11 No BOAT stored ashore may be moved nor shall any chocks or shores be moved except with the COMPANY’S prior written consent.