Marina - Terms & Conditions

1. Definitions

In these terms and conditions, the following definitions apply:

(i)"The Premises" means any part of the Waveney River Centre, including moorings on or off the water.

(ii)"The Company" means Waveney River Centre (2003) Ltd.

(iii)"The Owner" means any owner of a vessel moored at the Premises.

(iv)All references to the masculine gender include the feminine and vice-versa.

2. Licence (for annual moorings)

Berths are provided on an annual licence basis from 1st April in a given calendar year to 31st March the following year.

(i)The licence is personal to the Owner and may not be transferred to any other party without the prior written consent of the Company.

(ii)The berth shall be used only for the vessel specified by the Owner at the commencement of the licence period.

Owners must apply for a new Licence each year and the Company reserves the right to refuse such applications for any reason.

Allocation and positioning of moorings is at the Company's discretion; Owners shall not have exclusive rights over any particular berth.

Mooring fees are payable annually in advance and are not refundable.

Mooring fees are calculated on the overall length of the vessel inclusive of bowsprits, pulpits, pushpits, bathing platforms, davits and any other protuberances.

Electricity is charged for at the Company's standard rates, as displayed in the Company's offices.

3. Temporary (visitor) moorings

Visitors must moor in the allocated visitor mooring area only.

Members of the Waveney River Centre Visitor scheme may stay for a maximum of 2 consecutive nights during any one visit, free of charge. Members are welcome to stay for additional nights but these are chargeable at the standard overnight rate.

Members benefit from free moorings only for the vessel which is declared on their membership agreement.

4. Use of berths

Berths are for the private use of owners, their families and guests. No hiring out of vessels or other commercial use is permitted anywhere on the Premises.

Residential use of vessels moored on the Premises is not permitted.

Quayheading, walkways and pontoons may not be defaced with signage, fenders or any other fixtures or fittings.

Dinghies, tenders and rafts must be stored aboard the vessel unless a separate mooring has been agreed with the Company.

5. Liability and Insurance

All persons using any part of the Premises do so at their own risk. The Company will not be held liable for any loss, injury or damage caused to any person, vessel, vehicle or other property on the Premises unless such loss, injury or damage is caused by the negligence or wilful act of the Company or its Agents.

The Owner will be responsible for the conduct of his family, crew, agents, guests and subcontractors whilst they are on the Premises.

The Owner shall at all times maintain adequate insurance cover:

(i)against loss or damage in respect of his vessels and vehicles;

(ii)against any claim by a third party for loss or damage caused by his actions or those of any person for whom he is responsible (as defined at clause 13) and shall produce evidence of all such insurance policies to the Company on demand.

The Owner shall indemnify the Company against any loss, injury, damage, claims or proceedings caused by the owner, his vessels or vehicles or any person for whom he is responsible.

The Company reserves the right to move any vessel moored on the Premises to any other part of the Premises at any time and for any reason.

Vessels moored on the Premises must display a current river toll licence.

6. Safety

The Company reserves the right to move or carry out emergency work to any vessel in order to ensure the safety of the vessel, the Premises, other users of the Premises and their vessels. The Owner shall be responsible for the reasonable charges of the Company arising from such work except to the extent that it arises from the negligence of the Company or its agents.

Owners shall ensure that their vessels are moored safely, securely and in a manner deemed appropriate by the Company.

Vessels shall be moored by the Owner in such a manner and position as may be required by the Company.

The Owner shall take all necessary precautions against the outbreak of fire in or on his vessel and shall provide and maintain an appropriate* number of fire extinguishers in or on the vessel for immediate use in case of fire.

Vessels shall not be refuelled anywhere on the Premises except at the designated refuelling berth.

No vessel entering, leaving or manoeuvring within the Premises shall be navigated at such a speed or in such a manner as to endanger or inconvenience other users of the Premises.

No noisy or noxious engines, radios or other equipment shall be operated on the Premises in such a way as to cause nuisance or annoyance to the Company, other users of the Premises or to any person residing nearby.

Pontoons and walkways must be kept clear at all times.

7. Sale of Vessels

In the event that an Owner wishes to offer his vessel for sale whilst on the Premises:

(i)the vessel may not be offered or advertised through any broker other than the Company or it's approved broker;

(ii)where the vessel is sold privately, then the Owner shall pay the Company an access charge of 2.5% of the net sale price, plus VAT.

Within seven days of any sale or other change of ownership, the Owner shall notify the Company of the name and address of the purchaser or new owner.

8. Repair and Maintenance

Owners shall keep their vessels in a clean and tidy condition at all times.

No work shall be carried out on an Owner's vessel whilst on the Premises (other than minor running repairs or minor routine maintenance) without the Company's prior consent.

No subcontractor shall be permitted to carry out work anywhere on the Premises without the prior written consent of the Company, such consent to be at the Company's absolute discretion.

Any subcontractor permitted to work on the Premises must carry a minimum of £5,000,000 third party liability insurance cover.

9. Security

Boat owners must not prejudice the security of the Premises or any other vessel on the Premises. In particular, access control key fobs are for the personal use of the owner and his party and under no circumstances should they be passed on to others, or used to allow others to gain access to the marina.

10. General Conditions

Nothing shall be done anywhere on the Premises which is likely to cause a nuisance or annoyance to the Company, other users of the Premises or to any person residing nearby.

All refuse must be removed from the Premises or (in the case of domestic waste) disposed of in the receptacles provided.

Dogs are permitted on the Premises but must be kept on leads at all times.

Speed limits must be adhered to.

11. Termination of licence

In the event of a breach by the Owner of any of these conditions or a failure by the Owner to make any payment due to the Company, then the Company may serve notice on the Owner specifying the breach or failure to pay and requiring him to remedy the breach or pay the amount due within 14 days.

If the Owner fails to remedy the breach or pay the amount due within 14 days, or if the breach is not capable of remedy, then the Company may serve notice upon the Owner terminating his Licence and requiring him to remove the vessel and any other property for which he is responsible, within 28 days.

If the Owner fails to remove a vessel on termination of the Licence (whether terminated under clause 35 above or through expiration of the Licence term), then the Company shall be entitled:

(i)to charge daily mooring fees at a rate equal to 200% of the usual mooring fee, until the vessel is removed;

(ii)to remove, at the Owner's risk, the vessel from its Premises and secure it elsewhere and charge the Owner with all reasonable costs incurred.

The Company reserves the right to vary these Terms and Conditions at any time and display them in its Offices.

Copyright © Waveney River Centre (2003) Ltd.
Published November 2008. Cancels all previous issues.