Ramsgate Royal Harbour MarinaTerms and conditions
Ramsgate Royal Harbour Marina is owned and operated by Thanet
District Council.
1. Definitions
“The Council” shall mean Thanet District
Council.
“"The Marina" shall include any area of the
Council’s estate on land or on water (including the boat park and
any area on or beneath the surface of the water) and any other
facility provided by the Council for use as harbour facilities.
The Owner" shall include a lawful owner,
charterer, master or agency or any other person for the time being
lawfully in charge (other than the Council) of a vessel berthed
within the Marina.
"The Harbour Master" shall include Port Control
and all persons acting with the authority of the Council and
fulfilling the role of Harbour Master.
2. Entirety
These Terms & Conditions should be read in
their entirety.
3. Arrival
It is the Owner’s responsibility to notify the
Council of his arrival at the Marina forthwith and to provide the
Council with adequate identification and details of any vessel or
other items of property belonging to the Owner brought into the
Marina.
4. Acceptance
Entry into the Marina indicates recognition
andacceptance of these Terms and Conditions whichgovern use of the
Marina and set out the obligationsthat the Owner must observe when
using the Marina.
Upon acceptance of the Owner’s application fora
berth within the Marina, the Council will grant theOwner a licence,
upon these Terms and Conditions,to use such berth as is from time
to time allocated to the Owner bythe Council. Without prejudice to
the requirement on the owner to apply for a berth, the current
Royal Harbour Marina Schedule of Fees and Charges will apply with
immediate effect in respect of the Owner’s use of the Marina.
5. Non-Exclusive Use
Nothing in these Terms and Conditions shall
entitle the Owner to the exclusive use of a particular berth and no
estate, right or interest therein shall be implied or deemed to be
granted hereunder. Under no circumstances does any form ofLandlord
and Tenant relationship arise under theseTerms and Conditions in
relation to the use of any berth within the Marina.
6. Assignment
A licence granted to the Owner for the use of a
specified berth within the Marina (“the berth”) is personal to the
Owner and shall relate to a named vessel (“the vessel”). The Owner
shall not lend sublet, assign or transfer the berth to any other
person nor shall the Owner use the berth for any other vessel
unless the Owner has the Council's prior written consent.
7. Council use of Berth
The Council reserves the right to use or let out
the berth whenever the vessel is absent and withoutrefunding the
berth licence fee. The Owner undertakesto give the Council at least
24 hours prior noticeof intention to return to the Marina, failing
whichthe Council accepts no liability should there not bea suitable
alternative berth available upon the Owner’sreturn, this being
without prejudice to the Owner’sobligation to pay the berth licence
fee.
8. Live On-Board Restrictions
Except with the prior written consent of the
Council by the Harbour Master, no person shall use or permit the
use of the vessel in the Marina as the only or main place of abode
of any person and, without prejudice to the foregoing, no person
shall use or permit the use of the vessel as accommodation for more
than 21 consecutive days nor for more than one 180 days in total in
any calendar year.
9. Notify Changes
The Owner shall keep the Council informed in
writing of any change in the name of the vessel or change of the
address, telephone number or other details of the Owner.
10. Vacating
The Owner is required to give 28 days written
notice to the Council before vacating the berth. Failure to do so
may incur additional charges (see “Recalculation of Charges Upon
Notice” at paragraph 35).
11. Vessel Sale
Within seven days of any sale or transfer of the
vessel, the Owner shall notify the Council of the name and address
of the purchaser or transferee as the case may be and provide a
copy of the Bill of Sale or Transfer to the Council. The Owner
shall notify the purchaser or transferee that the permission to use
the berth is not assignable and shall ensure that the terms of sale
state that a new application to the Council needs to be made for
use of the berth. Until such time as such application has been
accepted by the Council, the Owner shall continue to be liable
under these Terms and Conditions.
12. Payment
The Owner shall pay any valid invoice submitted
in respect of the berth or any other goods and services provided by
The Council upon receipt of the invoice unless other terms have
been expressly agreed in writing. Payment shall be deemed to be
made when cleared into the Council’s account.
13. Interest
The Council reserves the right to charge
interest at 2% above NatWest base rate on invoices remaining
outstanding over 30 days after the date of the invoice
14. Unpaid Accounts
Any accounts remaining unpaid at the end of 60
days after the same shall be due may be referred to the Council's
Debt Recovery Section and the costs of any proceedings or bailiff
charges will be added to the outstanding debt and recovered
accordingly.
15. Lien
The Council shall have a lien upon the vessel
until all sums payable by the Owner to the Council in respect of
the vessel have been paid and the Council expressly reserves the
right to claim a possessory lien upon the vessel in respect of any
money claim.
16. Termination
The Council shall have the right (without
prejudice to any other rights in respect of breaches of these Terms
and 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 any of these Terms and Conditions or of any failure by the
Owner to make any payment due to The Council.
If the breach is capable of remedy or the Owner
has failed to make any such payment, the Council 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 14
days.
17. Power to Remove
If the Owner fails to remedy such breach or pay
the amount due within 14 days or if the breach is not capable of
remedy, the Council may serve notice requiring the Owner to remove
the vessel from the Marina within 14 days. Such notice shall be
served on the Owner by affixing it on the vessel or by posting it
by recorded delivery to the Owner’s last known address.
If the Owner shall fail to remove the vessel
within 14 days (whether under this condition or otherwise),
the Council shall be entitled:-
- (i) to charge the Owner at the Visitors Rate as
published in the current Royal Harbour Marina Schedule of Fees
& Charges between the date of termination and removal of the
vessel from the Marina, and
- (ii) at the Owner's expense and risk (save in
respect of loss or damage caused by the Council's negligence during
such removal), to relocate the vessel within the Marina or remove
the vessel from the berth and thereupon secure it elsewhere in some
other storage area within the Marina and thereafter to charge the
Owner with all costs arising out of such relocation or removal
including alternative berthing, handling and storage fees.
18. The Council’s Obligations Cease upon
Termination
Any obligation of the Council towards the vessel
ends upon the expiry or lawful termination of the
licence.
19. Liability
The Council accepts no responsibility for loss
of or damage to any other vessel or items of property belonging to
the Owner left at the Marina without its express consent save as
may be implied by law.
20. Power of Sale
Where payments are overdue in respect of the
vessel, the provisions of the Torts (Interference with Goods)
Act 1977 which confers power of sale upon bailees in the
circumstances set out in that Act shall apply. Sale of the vessel
shall not take place until statutory notice has been given to the
Owner or the Council has taken reasonable steps to trace the Owner
in accordance with the Act.
21. Abandoned Items
The provisions of section 41 of the Local
Government (Miscellaneous Provisions) Act 1982 shall apply in
relation to abandoned items.
Where the vessel or any other item of property
belonging to the Owner are abandoned at the Marina and the
Council has taken reasonable steps to trace the Owner and serve him
with a notice requiring him to collect the vessel or other items of
property within one month of the date of the notice and the Owner
has failed to comply with the said notice, title shall vest in the
Council who shall be entitled to dispose of or sell any such vessel
or other property. Where the Council is satisfied after reasonable
enquiry that it is impossible to serve the Owner with such a
notice, title shall vest in the Council six months after the vessel
or other items of property have been abandoned by the
Owner.
22. Indemnity
The Owner shall indemnify the Council against
all loss, damage, costs, claims or proceedings incurred by or
instituted against the Council, its servants or agents which may be
caused by the vessel or other items of property belonging to the
Owner within the Marina or by the Owner’s servants, agents, crew,
guests or subcontractors, except to the extent that such loss,
damage, costs, claims or proceedings may be caused by the
negligence or wilful act of the Council, its authorised officers,
servants or agents.
23. Insurance
The Owner shall maintain third party insurance
in respect of himself and the vessel, his crew for the time being
and his agents, visitors, guests and subcontractors in a sum of not
less than £1,000,000 or such other sum as the Council may from time
to time direct in respect of accident or damage and, in respect of
the vessel, adequate salvage insurance. Such insurance shall
be effected and maintained in an insurance office of repute and the
Owner shall keep the Council provided with a copy of the current
Certificate of Insurance throughout the licence period. The
Council reserves the right to implement at the Owner’s expense
third party only insurance in the event of non-compliance with this
condition.
24. Manner of Berthing
The Owner shall berth the vessel in such manner
and position as the Council may require and the vessel shall be
provided with all necessary warps and fenders by the Owner.
25. Manner of Manoeuvring
The Owner, when entering or leaving or
manoeuvring the vessel in the Marina, shall do so at such speed and
in such manner as not to endanger or inconvenience other vessels in
the Marina.
26. Respect for Others
The Owner shall not use any noisy noxious or
objectionable engines radios or other apparatus or machinery within
the Marina so as to cause any nuisance or annoyance to the Council
or to any other users of the Marina or to any other person residing
in the vicinity of the Marina and the Owner undertakes for himself,
his guests and any other person the vessel that they shall not
behave in such a way as to offend as aforesaid. Halyards and
other rigging shall be secured so as not to cause such nuisance or
annoyance.
27. Fire Precautions
The Owner shall take all necessary precautions
against the outbreak of fire in or upon the vessel and the Owner
shall observe all statutory and local regulations and orders of the
Council relative to fire prevention. The Owner shall provide and
maintain at least one fire extinguisher of a governmentally
approved or BSI standard type and size in or on the vessel fit for
immediate use in case of fire.
28. Byelaws
The Owner shall in all things with respect to
this Agreement and the use of the Marina abide by and perform the
byelaws, rules and regulations in force in respect of the
Marina.
29. Disclaimer – Vessels and Property
The Council shall not be liable whether in
contract tort or otherwise for any loss, theft or any other damage
of whatsoever nature caused to the vessel or any other item of
property belonging to the Owner or to any other person 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
Council, its authorised officers, servants or agents.
30. Business Use
No part of the Marina or of the vessel while
situated therein shall be used by the Owner for any commercial
purposes except where the Owner is expressl authorised to do so by
the Council.
31. Work on Vessel
No work shall be carried out at the berth other
than routine maintenance or minor running repairs to the vessel.
Works carried out shall not cause a nuisance or annoyance to other
users of the Marina. All other works shall be carried out in the
boat park or at a berth or place within the Marina designated by
the Harbour Master for that purpose.
32. Contractors
Prior to commencing any work on the vessel, any
contractors entering the Marina shall contact the Harbour Master,
complete an application for a Permit to Work, provide proof of
third party liability insurance cover to a minimum of £2,000,000
(or such sums as determined by the Council from time to time), have
such application approved by the Harbour Master, and pay the
appropriate fee. Where such work is to be carried out on the
vessel, the Owner’s written permission must be provided to the
Harbour Master beforehand. Any major works, for example shot
blasting or sand sweeping of the hull or superstructure, will
require written consent which may be granted following receipt of a
method statement and risk assessment. Contractors are bound by the
byelaws and all other regulations relevant to the Marina and should
show consideration for other Marina users. The Council reserves the
right at its sole discretion to refuse to permit contractors to
enter upon and work within the Marina.
33. Services
All services and facilities are provided at the
Owner’s risk and are subject to availability. Application should be
made to the Harbour Master. The Council undertakes to use all
reasonable endeavours to provide services as requested but accepts
no responsibility for delays or cancellations or any subsequent
losses or increased costs or inconvenience howsoever arising
therefrom. The Council reserves the right to withhold, change
or cancel services.
34. The Council’s Right to Act on Safety
Grounds
If in the Harbour Master's opinion such act be
necessary for the safety of the vessel or for the safety of other
users of the Marina or for their vessels or for the safety of the
Marina plant or equipment, the Council shall have the right to
moor, re-berth, move, board, enter or carry out any emergency work
on the vessel and except to the extent that such mooring,
re-berthing, movement, boarding, entering or emergency work arises
from the negligence of the Council, its authorised officers,
servants or agents, the Council's reasonable charges in relation
thereto shall be paid by the Owner.
35. Recalculation of Charges Upon
Notice
The fees and charges payable by the Owner may be
increased or decreased or the basis for determination of the fees
and charges payable may be varied from time to time by the Council.
Upon the Owner giving not less than 28 days notice of departure in
writing and having been a licence holder for at least the previous
12 months, the Council shall recalculate the fees and charges
payable on a pro rata day by day basis or, if lower, the amount
that would have been paid according to the Visitors Rate as
published in the current Royal Harbour Marina Schedule of Fees and
Charges. Additionally, if the Owner has been a licence holder for
less than 12 months, the pro rata day by day element above will be
recalculated upwards at the summer and winter rates, insofar as
they apply, up to a maximum of the amount that would be payable if
the original licence term ran to completion, unless application of
the Visitor Rate shall be lower, in which case that may be used.
Additionally, summer and winter rate licences shall be recalculated
on a pro rata day by day basis subject to a minimum term of 120
days being payable, unless application of the Visitors Rate shall
be lower. For vessels on the old under 7 metre rate, no pro rata
reduction will be made other than to Visitor Rate if that is lower.
Settlement discounts will be cancelled in the event of early
termination. Additionally, western outer marina licences shall be
recalculated on a pro rata day by day basis subject to a minimum
term of 9 months being payable, unless application of the Visitors
Rate shall be lower.
36. Disclaimer – Injury or Damage to
Person or Property
All persons using the Marina or its facilities
for whatever purposes 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 or facilities was caused by or resulted
from the negligence or wilful act of the Council, its authorised
officers, servants or agents.
37. Refuse / Waste
No refuse or waste oil shall be thrown overboard
or left or disposed of in any way within the Marina other than in
the receptacles provided by the Council or by removal from the
Marina.
38. Tenders & Dinghies
Tenders, dinghies and rafts shall be stowed
aboard the vessel unless a berth is separately provided and
licensed to the Owner.
39. Motor Vehicles and Parking
Motor vehicles shall only be brought into the
Marina with the express consent of the Harbour Master and shall be
positioned or parked as may be directed by the Harbour Master and
the Owner shall pay any charge that may be required.
40. No Item to be Left on Marina
No items of boats gear, fittings or equipment,
supplies, stores or the like shall be left upon any part of the
Marina.
41. Vessel Name to be Clearly Shown
The Owner shall ensure that at all times the
name of the vessel is clearly shown thereon, including when left
unattended in the boat park.
42. Alteration of Terms and Conditions
The Council reserves the right to alter these
Terms and Conditions annually or by giving one month’s prior
written notice to the Owner.
November 2007
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