TERRA MARI LTD
&
RICHARD LLEWELYN
MOORING CONDITIONS
These mooring conditions have been designed to protect the rights of Terra Mari Ltd & Richard Llewelyn and the licensee. The licence also protects licensees in regard to nuisance from others. The mooring conditions are part of the licence to moor and under no circumstances does any form of landlord and tenant relationship arise. The licensee agrees to abide by the mooring conditions, which are updated from time to time. Any owner who has moored or stored their vessel with Terra Mari Ltd & Richard Llewelyn is deemed to be a licensee
1. DEFINITIONS
When the following words appear in these conditions, they have these meanings:
Company means Terra Mari Ltd and / or Richard Llewelyn or any of its agents or assignees.
Premises means all the land, buildings and water occupied by or under the control of the company.
Owner includes the owner, agent or other person in charge of the vessel.
Vessel includes any form of craft, boat, ship, yacht, dinghy, multi hull, or other marine structure.
Length Overall (LOA) means the overall length of the space occupied by the vessel including any fore and aft projections, temporary or permanent.
Mooring means the space on water or land from time to time allocated to the owner by the Company for the vessel during the term of this licence
2. THE LICENCE
Moorings at the premises are licensed at the rate notified at the commencement of this licence. The rate of charge may be varied in line with the Company’s rates of charge and will be notified to the licensee. The licence will end when terminated by the Company or the licensee under the provisions in these mooring conditions.
3. PAYMENT & PAYMENT SCHEDULE
A fee (non-refundable) is required in advance when booking a mooring. Payment of 2 months mooring fees is due at the start of the licence. Full payment of all licence fees must be made prior to moving a boat onto a mooring. Payment thereafter is to be made monthly by the 1st of each month and the Company therefore retains an additional 1 month payment in advance at all times.
The Company reserves the right to increase mooring fees at its own discretion. The Company reserves the right to charge an additional administration fee of £50 per calendar month for late payment of mooring or any other charges.
4. TERMINATION BY THE LICENSEE
This licence may be terminated by the licensee by giving one calendar month written notice to the Company on the last day of a month. Following such notice the Company will prepare an account of any sums owed by the licensee in respect of services or facilities used up to the intended date of departure of the vessel.
5. TERMINATION BY THE COMPANY
This licence may be terminated by the Company by giving one calendar month written notice to the licensee on the last day of a month. Following such notice the Company will prepare an account of any sums owed by the licensee in respect of services or facilities used up to the intended date of departure of the vessel.
In the event of a breach of the licence by the licensee, the Company, where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of the Company, or any other person or property, may serve notice requiring the licensee to remove the vessel from the premises immediately.
If the licensee fails to remove the vessel on termination of this licence, whether under this condition or otherwise, the Company shall be entitled to charge the licensee at the rate of £100 for each 24 hour period or part of, between termination of this licence and the actual date of removal of the vessel and / or at the licensee’s risk, to remove the vessel from the premises and secure it elsewhere and charge the licensee with all reasonable costs for doing so.
6. CONTRACT AND TERMS AND CONDITIONS
All licences and licensees are subject to these mooring conditions. In addition to a failure to adhere to these conditions by a licensee, disorderly conduct by a licensee or his guest or visitors or pets is cause for cancellation of the license.
7. PERSONAL NATURE OF THE LICENCE
The licence is personal to the licensee and relates to the vessel originally 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 written consent of the Company. Where consent is given, the licensee is responsible for any fees due to the Company.
The licensee shall not seek or agree the sale, transfer or mortgage of a vessel subject to this licence except by prior arrangement with the Company. Where consent is given, the licensee may be required to pay a fee to the Company.
Prior to the agreement for the sale, transfer or mortgage of a vessel subject to this licence, the licensee must notify the Company in writing of the name, address and telephone numbers of the purchaser, transferee or mortgagee.
The licensee agrees that any fees unpaid by the licensee on the sale, transfer or mortgage of a Vessel subject to this licence can be recovered through a lien on the vessel and this may result in these becoming immediately payable by the purchaser, transferee or mortgagee and it is the sole responsibility of the Licensee to notify them of this encumbrance.
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security, no boat may be used at any time by any person other than the licensee or his immediate family except by prior arrangement with the Company. The Licensee must notify the Company in writing of the details of any change of names of the vessel or change of address or telephone number of the licensee
8. LIABILITY, INDEMNITY & INSURANCE
Any damage to any part of the premises caused by the licensee, their invitee or pets is the responsibility of the licensee and must be made good to the satisfaction of the company or reasonable compensation paid to the Company. Licensees must maintain adequate insurance including third party liability cover for not less than £2,000,000. The licensee must produce evidence of such insurance at any time if requested by the company.
The Company is not liable for any loss or damage caused by any event or circumstance beyond its reasonable control (for example, extreme weather conditions, the actions of third parties or any defect in any part of a third party’s vessel); 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 and/or using any facilities or equipment.
Vessels, gear, equipment or other goods are left with the Company at the owner’s own risk and owners should ensure that they have appropriate insurance against all relevant risks.
The Company is not under any duty to salvage or preserve a vessel or other property from the consequences of any accident or defect in the vessel or property concerned unless it has been expressly engaged to do so by the owner on commercial terms. 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. Where it does so, it is entitled to charge the licensee concerned on a normal commercial charging basis (and, where appropriate, to claim a salvage reward).
9. RIGHTS OF DETENTION
The Company reserves a general right, a general lien, to detain and hold onto and dispose of the licensee’s vessel or other property pending payment by the licensee of any sums due to the Company. If the licence is terminated or expires while the Company is exercising this right of detention it is entitled to charge the owner at the Company’s rate of £100 for each 24 hour period or part of, between termination of this licence and the actual date of settlement of the outstanding amounts and the removal of the vessel .
10. COMMERCIAL USAGE
Licensees must not use their vessel or vehicles for commercial purposes on the Company’s premises except with prior written permission that may include additional conditions.
11. RESIDENTIAL USE
A vessel berthed or stored at the Company’s premises must not be used for permanent residential purposes. The licensee must not use the Company’s premises or their berth or vessel as a postal, forwarding or delivery address or for any other purpose.
12. VESSEL MOVEMENTS
The Company reserves the right to move or demand that the licensee moves any vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the premises, either temporarily or permanently.
An estimate of the Company’s charges for vessel movements will be provided to the licensee except where the movement has to be completed, at the Company’s discretion, before an estimate can be given.
Vessels must be berthed by the licensee as the Company requires and adequate warps and fenders for the vessel should be provided by the licensee. Any warps, fenders or other mooring devices that in the opinion of the Company prejudice the safety of the vessel at the premises may be replaced by the Company and the costs charged to the account of the licensee.
No vessel, when entering or leaving or manoeuvring around the premises, must be driven at such a speed or in such a manner as to endanger or inconvenience other vessels or people at the premises.
13. ACCESS TO PREMISES / WORK ON THE VESSEL
The licensee must not permit any outside surveyor, broker, agent, contractor, tradesman or workman to enter the premises of the Company for any purposes whatsoever without obtaining the prior consent of the Company which will not be unreasonably withheld. If consent is granted, proof of public liability insurance and professional indemnity insurance must be provided prior to any work being carried out and on a daily basis thereafter until the work has been completed. The Company reserves the right to charge a fee for entering the premises. Licensees will be informed of the fee and it will be added to their account.
14. HEALTH, SAFETY AND THE ENVIRONMENT
No noisy, noxious or objectionable engines, radio, or other apparatus or machinery must be operated at the premises that causes any nuisance or annoyance to other users of the premises or neighbours. No refuse must be thrown overboard or left on the premises except where designated by the Company. The licensee must ensure that the vessel does not pollute the premises (for example, toilet discharge). Where pollution occurs, the licensee will be responsible for the costs off all remedial and decontamination work.
The licensee is responsible for maintaining the appearance and condition of their vessel in a condition acceptable to the Company. The licensee is responsible for general day to day maintenance of the mooring including but not limited to grass cutting and general gardening.
15. ELECTRICITY AND WATER AT OLD WINDSOR
Electricity and water supplies do not form part of the license and the Company makes no guarantee of supply from any third party.
16. ELECTRICITY, WATER AND SERVICE CHARGES AT CHERTSEY
Electricity, water and service charges are supplied and / or levied at Chertsey and must be paid for separately to the mooring fees. Fees must be settled with 7 days of demand. Electricity and water supplies do not form part of the license and the Company reserves the right to refuse to supply or to terminate any supply with immediate effect to any licensee whether or not they have used the supply up until that point. The Company does not guarantee continuity of supply and is not responsible for any loss or damage caused by any interruption in supply however such interruption arises.
17. VEHICLES AT OLD WINDSOR
The Company does not provide any parking facilities at its Old Windsor location.
18. VEHICLES AT CHERTSEY
The Company provides parking at its Chertsey location. A car park is provided for licensees and they and their guests are expected to use it when available. Licensees and their guests must not park anywhere on the premises except the designated car park or on their own mooring plot. No vehicle must be parked anywhere where it blocks other cars or pedestrians or the work of the Company. In these circumstances, the Company reserves the right to demand the immediate removal of the vehicle. No major maintenance work must be carried out to any motor vehicle whilst on the Company’s premises except for emergency repairs unless with permission of the Company. All vehicles at the premises must be roadworthy, fully taxed and insured.
19. ENVIRONMENT AGENCY LICENCE AND BOAT SAFETY CERTIFICATES
All licensees are reminded that any vessel on the Thames must be licensed in accordance with the requirements of the Environment Agency. Mooring licenses are granted on the condition that Environment Agency conditions are complied with at all times including the maintenance of a valid Boat Safety Certificate where applicable. Licensees, their guests and crew are advised that vessels are at all times subject to the bye-laws and speed restrictions of the navigation authorities and the requirements and powers of those authorities.