Terms & Conditions of use of Park Farm Marina

All use of the Marina Premises is subject to these terms

1. Under these Terms & Conditions the ‘Company’ shall mean Park Farm Marina Limited and / or its agents to whom the application for berthing is made which may be its associated companies, concessionaires, tenants and assignees for the operation (if any) of the Marina facilities. The expression ‘Owner‘ shall include all persons for the time being lawfully in charge (other than the Company) of the boat or vehicle or other property. The expression ‘Marina‘ shall mean Park Farm Marina and associated premises. The expression ‘Licence‘ shall mean the licence granted to the Owner to moor a ‘Boat’ or park a ‘Vehicle’ on the Company’s Marina. The Company reserves the right to terminate this Licence with immediate effect in the event of a breach of these Conditions and to refuse any service (including the provision of moorings) at its sole discretion.
2. Liability
   1. All Boats and Vehicles in or on the Company’s Marina may be moved by the Company to any part of the same Marina without the Owners knowledge or consent.
   2. The Company shall not be liable whether in contract, tort or otherwise, for the loss, theft or any damage of whatsoever nature caused to any Boat or Vehicle or other property of (whether insured or not) 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 willful act of the Company.
   3. The Owner shall indemnify the Company against all loss, damage, costs, claims or proceedings incurred by or instituted against the Company or its employees or agents which may be caused by the Owners Boat or Vehicle or by the Owner, his employees, agents, crew, guests, visitors or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or willful act of the Company.
   4. The Owner shall insure his Boat and Vehicles adequately against loss or damage howsoever caused and shall maintain third party insurance (including both public liability and where relevant employers liability insurance in respect of himself and each of his Boats and Vehicles, his employees, agents, crew, guests, visitors and sub-contractors in a sum of not less than £1,000,000 in respect of each accident or damage and shall maintain in respect of each Boat adequate removal of wreck insurance. 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 Company on demand.
3. Commercial activity
   1. Except with the written consent of the Company, which may be withdrawn at the Company’s sole discretion, no part of the Marina or any Boat or Vehicle may be used for commercial purposes including hire, sale or demonstration for sale.
   2. The Owner shall be permitted to arrange a private sale of one Boat (such boat being usually moored at the Marina) in any one period of 12 consecutive months of the Licence granted to the Owner. In the event of such a sale:
      1. The owner shall be present at all times during which the Boat is to be viewed and he shall not be permitted to display a “For Sale” notice on the Boat or on the Marina.
      2. The Owner shall not be required to pay to the Company a commission of greater than 1% of the sale price except where prior notice has been given by the Company of a higher rate of commission.
4. No work shall be done to the Boat whilst in the Marina except by the Company (unless with the written consent of the Company which may be withheld at the Company’s sole discretion) other than minor running repairs or minor maintenance of a routine nature by the Owner, his crew, or members of his family, not causing any nuisance or annoyance to other users of the Marina.
5. The Marina is not an approved residential mooring. The planning conditions for the marina state that the maximum period of stay on board a Boat within the marina shall be restricted to two consecutive weeks in any 12 month period. Owners are expected to comply with this condition.
6. Arrears
   1. The Company shall have the right to exercise a general lien upon any Boat and / or Vehicle and / or property of the Owner whilst in the Marina until such time that any money due to the Company in respect of the Boat or Vehicle and / or other such property whether on account of service provided or work done, or damage to the Company’s property, (including without limitation, interest and the Company’s costs in enforcing the general lien and obtaining from the Owner the payment of any sum due to the Company under these Conditions) shall be paid.
   2. Any monies which are not paid by the due date shall attract interest at the rate of 2% per month.
   3. The Company shall have the right to impound a Boat if mooring fees have not been paid for three months.
   4. In the event of any such money being three months in arrears the Company shall be entitled to sell (under the provisions of the Torts (Interference with Goods) Act 1977) the Boat and / or Vehicle and / or other property of the Owner by the best method of sale reasonably available in the circumstances. The proceeds of the sale, after payment of the monies due to the Company and the expenses of the sale shall be paid to the Owner of the Boat or Vehicle or property.
7. Termination
   1. Any obligation of the Company towards Boats and / or Vehicles and / or property of the Owner left at the Marina ceases upon the expiry or termination of the grant to the Owner of facilities in respect of such Boat and / or property and the Company accepts no responsibility for loss or damage to any Boat or Vehicle or property left at its Marina without its consent save insofar as such damage or loss is caused by the negligence or wilful act of the Company.
   2. If the Owner fails to remove his Boat on termination of the License (whether under this condition or otherwise) the Company is entitled to
      1. Charge the Owner with the mooring rental which would have been payable by the Owner to the Company if the Licence had not been terminated for the period from the termination of the Licence to the removal of the Boat from the Marina.
      2. Remove the boat from the Marina (at the Owners risk save in respect of loss or damage caused by the negligence or willful act of the Company) and to place it elsewhere and charge the Owner with all the costs arising out of such removal including alternative berthing fees.
8. The Company shall have the right to moor, re-moor, move, board, enter, lift out of the water or carry out any emergency work on the Boat if, in the Company’s opinion, such be necessary for the safety of the Boat or the safety and / or convenience of other users of the Marina or for the safety of the Marina and the Owner shall pay the Company reasonable charges for such work.
9. The Owner shall not lend or transfer the berth (this Licence being personal to the Owner, relating to a particular Boat and non-assignable) nor shall he use it for any other Boat without the prior consent of the Company.
10. The Boat shall be moored by the Owner in such a manner and position as the Company may from time to time require and the necessary warps and fenders shall be provided by the Owner. Boats must be clearly identifiable by name and Canal and River Trust number.
11. Berths
    1. Berths may be licenced for the periods published by the Company from time to time. Berthing fees are calculated by reference to the Company’s published mooring rates from time to time. In the event of any increase or decrease in the rate of VAT the Company shall have the right to adjust the fees accordingly. Refunds during any one Payment Period (as defined in the published mooring rates) are not permitted except as specified in clauses 17 and 20 below.
    2. Nothing in this Licence shall entitle the Owner to exclusive use of a particular berth. If at any time during the period of this License the berth previously allocated to the Owner shall not be used by the Owner for mooring the Owner’s boat the Company shall be entitled to moor or permit a third party to moor a boat at such berth and the Company shall be entitled all income (if any) arising. Upon the Owner returning to the Marina the Company shall use all reasonable endeavours as soon as practical to make such berth or an alternative berth available to the Owner. The Owner shall use all reasonable endeavours to give the Company 24 hours previous notice of his intention to return his Boat to the Marina.
12. 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 negligence or wilful act of the Company.
13. The Boat when entering, leaving or manoeuvring within the Marina shall not do so at a speed or in a manner as to endanger the Marina or inconvenience or endanger others within the Marina.
14. No noisy, noxious or objectionable engines, radio or other apparatus shall be operated within the Marina nor shall animals be allowed on the Marina so as to cause any nuisance or annoyance to the Company or to any other users of the Marina and the Owners undertakes for himself, his employees, agents, crew, guests, visitors and sub-contractors that they shall not behave in such a way as to offend as aforesaid.
15. No refuse or other noxious substances shall be discharged or thrown overboard or left on the Marina or disposed of in any way other than in the receptacles provide by the Company or by removal from the Marina.
16. No property belonging to Owners, including without limitation items of boat equipment, fittings, supplies, stores, etc. shall be left on the quays, jetties or car parks at the Marina. Such material as is left on the quays, jetties or car parks will be removed by the Company and may be disposed of.
17. Boats moored in the marina are to be properly maintained and in a presentable condition (such to be defined at the Company’s sole discretion). It is not permitted to store coal or firewood on the top of any Boat in the marina. Boats failing to be properly maintained or not in a presentable condition or found to be storing coal or firewood on the top may be refused entry to the marina, required to leave or be refused extension of mooring rental. In the event of such refusal or requirement to leave the marina the Company shall refund to the Owner the unexpired portion of the mooring rental.
18. Owners, their employees, agents, crew, guests, visitors and sub-contractors are required to drive and park their Vehicles in such position and manner as shall from time to time be directed by the Company.
19. No Boat shall be berthed at the Marina without a current Canal and River Trust Cruising License.
20. Force Majeure
    1. The Company shall have the right by notice in writing to the Owner forthwith to terminate the Licence if at any time the Marina shall be so damaged, impeded or interfered with by force majeure (as herein defined) as to render it likely that the Company will be unable to provide a mooring in accordance with the Licence entered into between the Company and the Owner.
    2. Under this condition force majeure means any event or circumstance (whether arising from natural causes, human agency or otherwise) beyond the control of the Company including (insofar as beyond such control but without limitation) weather conditions, riots, civil commotion, aircraft, fire, breakdown or war.
    3. In the event of such termination the Company shall refund to the Owner the unexpired portion of the mooring rental.
21. The foregoing Terms and Conditions of Marina use shall apply to all users of the Marina and may be altered, added to or amended from time to time by the Company. Upon such notice, addition or amendment being displayed at the Company’s office or served on the Owner it shall be deemed incorporated herein.
22. Non-enforcement of any of these conditions shall not constitute a waiver of the relevant condition or of any other condition. Non-enforcement of any of these conditions in respect of any Boat and / or Owner shall not constitute a waiver of the relevant condition or of any other condition in respect of any other Boat and / or any other Owner.