Terms & Conditions

G E N E R A L   C O N D I T I O N S

1. DEFINITIONS
Where the following words appear in these conditions, the licence and the Company’s Regulations they shall have these meanings.

Company: shall mean West Mersea Marine (2002) Limited with the Company number 04534861 or any of its Agents to whom the application for berthing is made which may be one or more of its Associated Companies, concessionaires, tenants and assignees for the operation of the boat repair yard, brokerage or other labour facility.

Commencement Date: means the date specified in the Licence. End Date: means the end date specified in the Licence. Conditions: means the terms and conditions set out herein.

Regulations: means those regulations (if any) made by the Company as may be amended from time to time in accordance with clause 15, which the Company in its absolute discretion, considers necessary to enable the Company or those using the Premises to comply with applicable legal requirements or for the safety or security or good management of the Harbour and Premises.

Harbour: shall include yacht harbour, marina, mooring, or any other facility for launching navigating, mooring or berthing a vessel.

Premises: means all the land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, jetties, quays, piers, mud berths, sheds, lofts, workshops, hardstanding, roadways and carparks.

Owner: means the person or entity named on the licence and shall include any charterer, master, agent or other person for the time being in charge of the vessel, excluding the company.

Vessel: shall include any form of craft, boat, ship, yacht, dinghy, multihull or other marine structure which is in the care and control of the Owner.

Length Overall (LOA): means the overall length of the space occupied by the vessel including any fore and aft projections, temporary or permanent.

Berth: means the space of water or land from time to time allocated to the Owner by the Company for the vessel during the term of this Licence.

Alongside Berth: means a berth where the vessel of appropriate draught may be secured, with access to the shore without the need for a dinghy or tender.

Storage Ashore: means the land space temporarily allocated to the Owner from time to time by the Company for storage ashore of the vessel during the term of the licence.

Pontoon: means a moored and decked floating structure providing landing or mooring facilities. Website: means the website of the Company from time to time, currently www.westmerseamarine.co.uk

2. THE LICENCE
2.1 Berths at the Harbour or Premises shall be licensed for the Period of Licence as specified in the Licence and at the rates of charge from time to time published by the Company at its Premises and/or on its Website and/or by any correspondence between the Owner and the Company and which are in force at the commencement of the Licence. Details of changes applicable to the berth at the beginning of the Licence will be given to each licensee at the time the Licence is granted.
2.2 This Licence shall not be automatically renewed but will end on the end date specified on the Licence if not terminated sooner by the Company.
2.3 Should the Owner fail to sign and return a copy of the Licence within 30 days of the issue date, they shall nonetheless be deemed to have given full acceptance to and be bound by the Conditions of the Licence unless they have informed the Company in writing (including email) within 30 days of the issue date that they no longer require the Licence.
2.4 The Owner must pay all amounts due to the Company promptly and as specified in any invoice.

3. LIABILITY, INDEMNITY AND INSURANCE
3.1 The Company shall not be liable for any loss or damage caused by any event or circumstances beyond its reasonable control (such as extreme weather conditions, the actions of a third parties not employed by it or any defect in any part of a customer’s or third party’s vessel) or for any other loses suffered by the Owner. This extends to loss or damage to vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment.
3.1.1 The Company shall take all reasonable steps to maintain security at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on the part of the Company, vessels, gear, equipment or other goods are left with the Company at the Owner’s own risk and the Owners should insure that they have appropriate insurance against all relevant risks.
3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s vessel or other property from the consequences of an accident for which the Company is not responsible. However the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. When it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis [and, where appropriate, to claim a salvage reward.]
3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of being requested to do so by the Company.

4. CHANGE OF DETAILS
4.1 The Owner must notify the Company in writing, details of the Owner’s home address. This address must be a different address to the address of the Harbour. The Owner shall be obliged to produce evidence to the Company of such home address within 7 days of a request to do so.
4.2 The Owner must notify the Company in writing of the details of any change of names of the vessel or change of address or telephone number or email address of the Owner.

5. BERTH ALLOCATION
5.1 The physical layout of the Harbour and Premises and the varying needs and obligations of the Company and its customers requires that the Company shall retain absolute control of Berth allocation within the Harbour and Premises. Accordingly, the Owner shall not be entitled to the exclusive use of any particular Berth but shall use such a Berth as is from time to time allocated to them by the Company.

6. PERSONAL NATURE OF THE LICENCE
6.1 This licence is to the Owner and relates to the vessel described in the application for berthing. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express written consent of the Company.

6.2 Within 7 days of any agreement for the sale, transfer or mortgage of a vessel subject to this licence the Owner shall notify the Company in writing of the name and address, email address and telephone numbers of the purchaser, transferee or mortgagee, as the case may be.

7. USE OF BERTH BY COMPANY WHEN VACANT
7.1 The Company shall have the use of the Berth when it is left vacant by the Owner at the Company’s sole discretion.

8. TERMINATION
8.1 The Company shall have the right (without prejudice any other rights in respect of breaches of the terms of this licence by the Owner) to terminate this Licence in the following manner in the event of any breach by the Owner of this Licence;
8.1.1 Having regard to the seriousness of the breach and the risk it poses for the financial or other security of the Company and/or of the Company’s customers and if the breach is capable of remedy, the Company may serve notice on the Owner specifying the breach and requiring them to remedy the breach within a reasonable time specified by the Company. Where the breach is serious or poses an immediate risk or threat to the health, safety of welfare of any other person or property the time specified for remedy may be immediate or extremely short. If the Owner fails to affect the remedy within that time, or if the breach is not capable of remedy, the Company may serve notice on the Owner requiring them to remove the vessel from the Harbour or Premises immediately.
8.1.2 If the Owner fails to remove the vessel on termination of this Licence (whether under this control to otherwise) the Company shall be entitled;
8.1.2.1 to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination of this Licence and the actual date of removal of the Vessel from the Harbour or Premises and/or 8.1.2.2 at the Owners risk (save in respect of loss or damage caused by the Company’s negligence or other breach of duty during such removal) to remove the vessel from the Harbour or Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such a removal including alternative berthing fees.
8.1.3 Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner’s last known address and in the case of the Company shall be served as its principal place of business or registered office.

9. RIGHTS OF SALE AND DETENTION
9.1 Where the Company accepts a vessel, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (interference with goods) Act 1997. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re- delivery of the goods (which includes a vessel and/or any other property) Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
9.1.1 Goods for repair or other treatment are accepted by the Company on the basis that the customer is the owner of the goods or the owner’s authorised agent and that he will take delivery or arrange collection when the repair or treatment has been carried out.
9.1.2 The Company’s obligation as custodian of the goods accepted for storage ends on its notice to the customer of termination of that obligation;
9.1.3 The place for delivery and collection of goods shall be at the Company’s premises unless agreed otherwise. Advice regarding the Act may be obtained from the Citizens Advice Bureau , Law centre or any firm of Solicitors.
9.2 Maritime Law entitles the Company in certain other circumstances to bring action against a vessel to recover debt or damages. Such action may involve the arrest of the vessel through the Courts and its eventual sale by the Court. Sale of a vessel may also occur through the ordinary enforcement of a judgement debt against the Owner of the vessel or other property.
9.3 The Company reserves a general right (‘a general lien’) to detain and hold onto the Owners vessel or other property pending payment by the owner of any sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the actual date of payment (or provision of security) by the Owner and removal of the vessel from the Harbour and Premises.

The Owner shall be at any time entitled to remove the vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective
legal costs.

10. TERMINATION BY OWNER
10.1 Should the Owner wish to terminate the Licence, this must be notified by giving 12 weeks written notice (including by email) by the Owner to the Company. Annual mooring/mooring & storage/ yard storage licences are issued each time for a twelve-month period and the annual fee is payable for the full twelve- month term of the Licence with no refund payable by the Company in the event of an early termination. Summer Season licences are issued for a seven-month period and the fee is payable for the full seven month term of the licence with no refund payable by the Company in the event of an early termination.
10.2 If the owner is removing the Vessel from the Harbour or Premises before the expiry of the Licence, the balance of moorings, services or facilities used in favour of the Company is required to be paid by the Owner before leaving.
10.3 Temporary mooring/yard storage licences can be terminated by giving 4 weeks written notice (including by email) if the owner is removing the Vessel from the Harbour or Premises before the 4 weeks notice date, the balance of mooring/yard storage, services or facilities used in favour of the Company is required to be paid by the Owner before leaving.
10.4 Should the owner wish to termination the Licence due to the sale of the Vessel, the vessel must leave the harbour or premises on the day of sale, unless otherwise agreed by the Company.

GENERAL RULES
11. VESSEL MOVEMENTS

11.1 The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons safety, security or good management of the Harbour or Premises.
11.2 A copy of the company’s scale of charges for Vessel movements will be provided to the Owner before they enter into an agreement with the Company. Where a specific date or tide range for relaunch of the Vessel has been agreed between the Owner and the Company at the time of slipping or lifting out (or arrival by land) this charge alone will be payable for the launch. However where the Owner requests a different date or tide range the Company reserves the right to charge the owner for the cost of moving other Vessels to gain access to the launch point and for any attendant expenses, such as crane hire. The Company will provide the Customer with an estimate of such costs and charges prior to incurring them.

11.3 Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Owner.
11.4 No Vessel when entering or leaving or manoeuvring in the Harbour, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other Vessels in the Harbour.

11.5 Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and bylaws of Harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health and Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and bylaws.

12. COMMERCIAL USAGE
12.1 No part of the Company’s Harbour or Premises or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purposes, except where the Owner has sought and obtained prior written agreement from the Company. Where the Licence is granted to a commercial operator whose Vessel is operated for hire or reward in the course of trading, special conditions will apply to this licence, as appended.

13. STORAGE
13.1 Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Company allocates a separate berth for them

14. PARKING

14.1 Subject always to availability of parking space Owners and their crew may only park vehicles on the Premises in accordance with the directions of the Company.

15. MARINA AND HARBOUR REGULATIONS
15.1 The Owner shall at all times observe the Company’s regulations and in particular:
15.1.1 The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the Vessel and ready for immediate use in case of fire.
15.1.2 Owners shall refuel only at the designated fuelling berths and are to vacate the berth when fuelling operation is completed. Where fuel is required to be transferred in portable containers, the Company reserves the right to refuse the use of any container deemed unfit for the purpose.
15.2 The Company shall supply the Owner with a copy of the Regulations current at the time of application for a Licence. The Company reserves the right to introduce new regulations on grounds of legal requirement or for the safety or security or good management of the Harbour or Premises and to amend such regulations as from time to time shall be necessary. Such regulations and any amendments to them shall become effective on being displayed on the Company’s public website, notice board or other prominent place at the Company’s Premises, and the Company shall have the same rights against the Owner for a breach of the regulations as for a breach of the terms of this Licence.
15.3 Advisory note: Owners, their guests and crew are advised that their conduct and that of their Vessel is likely to be regulated and governed at various times by statutory, local authority and harbour regulations which may be more extensive then those of the Company and the breach of which may result in criminal penalties.

16. ACCESS TO PREMISES/WORK ON THE VESSEL
16.1 Subject to clause 16.2 no work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Company’s prior written consent other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing a nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.
16.2 Prior written consent will not be unreasonably withheld where:
16.2.1 The work is of a type for which the Company would normally employ a specialist sub-contractor, or 16.2.2 The work is being carried out under warranty by the manufacturer and/or supplier the Vessel or any part of the equipment to which the warranty relates.
16.2.3 Notwithstanding the foregoing, during periods of work by the Company on the Vessel, neither the Owner nor his invitees shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.

17. HEALTH, SAFTEY AND THE ENVIRONMENT
17.1 Attention is drawn to the Company’s health, safety and environmental policy, as amended from time to time. The Company shall supply the Owner with a copy of the policy, current at the time of application for a Licence. Any amendments shall be displayed on the Company’s website, public notice board or other prominent place at the Company’s premises and further copies shall be available on request.The Owner, his regular crew, members of his family and/or any person or company carrying out work on the Vessel, with the permission of the Company, must comply either the Company’s health, safety and environmental policy.
17.2 The Owner, his crew members of his family and another person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur in the harbour or on the Premises as soon as possible after they occur.
17.3 No noisy, noxious or objectionable engine, radio or other apparatus or machinery shall be operated within the Harbour or Premises so as to cause any nuisance or annoyance to any other users of the Harbour or Premises or to any person residing in the vicinity and the Owner undertakes for himself, his guests and all using 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.
17.4 No refuse shall be thrown overboard or left on the pontoons, or car parks or any other part of the Premises, all refuse must be taken away from the Harbour or Premises by the Owner. Any waste receptacles on the Premises such as skips or bins are for the use of the Company and residents only.

18. PAYMENTS AND POWER OF SALE
18.1 If the Owner fails to pay any sum due to the Company then without prejudice to any other right or remedy it may have, the Company may sell the Vessel or other property of the Owner.
All Vessels and any other property of the owner left on the premises or a Mooring are subject to TORTS (Interference of Goods) Act 1977 which confers on the Company a right of sale of such property. Such sale will not take place until the Company has given written notice to the Owner in accordance with the Act.

19. RIGHT TO TAKE PHOTOGRAPHS AND VIDEO FOOTAGE
19.1 The Company may from time to time take photography or video that captures scenes in the Boatyard and on Moorings for promotional purposes. If Owners or users have objections to either themselves or their Vessels being photographed or filmed, they should make their objections known to the Photographer or West Mersea Marine Office and the Company with take reasonable steps to avoid their inclusion in any photographing or filming. However, the Company cannot guarantee that they will not be included on an accidental basis.