The Waypoint BETA

Booking Terms and Conditions

Recitals

  1. (1) By the owner of the boat (the "Owner") agreeing to these terms and conditions they are agreeing to the terms and conditions for which the marina operates their berths. "Marina" includes a private individual making a berth available on a private basis.
  2. (2) This license incorporates the standard License for Berthing, Slips, Mooring, and Storage Ashore at a yacht harbor, marina, boat yard, mooring or any other facility for launching, navigating, mooring or berthing a vessel (the "Conditions").
  3. (3) The marina company, individual or business (the "Company") that operates the marina or berths utilizes the Conditions contained herein (and for the avoidance of doubt "company" includes an individual private berth owner operating in his or her private capacity).
  4. (4) The Company shall apply these terms to all those in charge of the vessel with the Owner's consent as if they were the Owner including, but not limited to, any charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Company.

By confirming the booking, the Owner acknowledges and agrees to the Terms and Conditions and creates a legally binding contract on those Conditions with the Company and the Owner acknowledges they have read and understood the Conditions fully.

Index

  1. Vessel Movements
  2. Commercial Usage
  3. Storage
  4. Parking
  5. Marina and Harbor Regulations
  6. Access to Premises/Work on the Vessel
  7. Services
  8. Health, Safety and the Environment
  9. Definitions
  10. License
  11. Liability, Indemnity and Insurance
  12. Payment
  13. Address Details and Subsequent Change of Details
  14. Berth Allocation
  15. Personal Nature of the License
  16. Use of Berth by Company when Vacant
  17. Termination
  18. Rights of Sale and of Detention
  19. Termination and Cancellations by Owner
  20. Waiver
  21. Variations
  22. Severance
  23. Jurisdiction and Applicable Law

GENERAL RULES

1 Vessel Movements

  • The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Harbor and Premises.
  • A copy of the Company's scale of charges for Vessel movements is available to the Owner before they enter into an Agreement upon request by the Owner to the Company [or through The Waypoint]. 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 Owner with an estimate of such costs and charges prior to incurring them.
  • 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
  • No vessel, when entering or leaving or maneuvering in the Harbor, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Harbor.
  • Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and by-laws of Harbor 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 by-laws.

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2 Commercial Usage

No part of the Company's Harbor or Premises or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written agreement from the Company. Where this license 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 license, as appended.

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3 Storage

Dinghies, tenders and rafts shall be stowed safely and tidily aboard the Vessel unless the Company expressly allocates a separate berth for them.

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4 Parking

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

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5 Marina and Harbor Regulations

  • 16.1 The Owner shall at all times observe the Company's Regulations and in particular:
    • 16.1.1 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.
    • 16.1.2 Owners shall not refuel on site unless they do so at a designated fueling berth. The Owner is to vacate the berth immediately when the fueling 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.
    • 16.1.3 Owners shall at all times obey the speed limits within the Harbor and Premises.
  • 16.2 The Company shall supply the Owner with a copy of the current Regulations that are in place at the time of application for a License upon request by the Owner to the Company. The Company reserves the right to introduce new Regulations and to amend such regulations as from time to time shall be necessary. Such Regulations and any amendments to them shall become effective upon being displayed on the Company's public notice board or other prominent place at the Company's Premises The Company shall always retain the same rights against the Owner for a breach of the Regulations as the Company does for a breach of the terms of this License.
  • 16.3 Advisory note: Owners, their guests and crew are advised that their conduct and that of their vessels is likely to be regulated and governed at various times by statutory, local authority and harbor regulations which may be more extensive than those of the Company and the breach of which may potentially result in criminal penalties.

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6 Access to Premises/Work on the Vessel

  • 17.1 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 the minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family so as to not cause a nuisance, or annoyance, to any other customer or person residing in the vicinity, and any works carried out will not interfere with the Company's schedule of work. At no time will the Owner, his regular crew or members of his family access prohibited areas.
  • 17.2 Prior written consent will not be unreasonably withheld where:
    • 17.2.1 The work is of a type for which the Company would normally employ a specialist sub-contractor; or
    • 17.2.2 The work is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates.
    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.

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7 Services

The Company will provide services to the Owner which may include access to an electricity supply and water. The Company cannot guarantee continuous supply of the Services. The Company accepts no responsibility for the suspension or termination of the Services. All Services consumed by the Owner will be paid for by the Owner on demand at the current rate of charges in force at the Harbor or Premises at the time of the Services use.

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8 Health, Safety and the Environment

  • 19.1 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 current Policy in place at the time of application for a license. Any amendments shall be displayed on the Company's 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 with the Company's Health, Safety and Environmental Policy.
  • 19.2 The Owner, his crew, members of his family and any 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 occurs within the Harbor or on the Premises as soon as possible after they occur.
  • 19.3 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Harbor or Premises so as to cause any nuisance or annoyance to any other users of the Harbor 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 cause any nuisance or annoyance to any other users of the Harbour or Premises or to any person residing in the vicinity . Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.
  • 19.4 No refuse shall be thrown overboard or left on the pontoons, or car parks or on any other part of the Premises, or disposed of in any way other than in the receptacles provided by the Company or by removal from the Company's Harbor and Premises. The Company's further directions regarding waste management shall be posted on the Company's Public Notice Board or other prominent place and copies will be available from the Company on request.
  • 19.5 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company's Harbor and Premises.

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LICENCE FOR BERTHING, MOORING AND STORAGE ASHORE

9 Definitions

The words appearing in the Conditions shall have the following meanings:

Alongside Berth
means a berth where a Vessel of appropriate draft may be secured, with access to the shore without the need for the use of a dinghy or tender.
Berth
means the space on water or land from time to time allocated by the Company to the Owner for the Vessel during the term of this license.
Cancellation Period
means the time up to within 36 hours of the start date for the license specified on the Invoice.
Company
concessionaires, tenants and assignees for the operation of the boat repair yard, brokerage or other harbor facility.
Cover Sheet
shall mean the attached sheet, signed by the parties to this license, which contains the details of the license.
End Date
means the end date for the period of the license specified in the Invoice as provided through the Waypoint web site.
Harbor
shall include a yacht harbor, marina, mooring or any other facility for launching, navigating, mooring or berthing a vessel.
Invoice
means the email confirmation sent to the Owner upon the contract for this license being formed.
Length Overall (LOA)
means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.
Pontoon
means a moored and decked floating structure providing landing or mooring facilities.
Premises
pontoons, berths, slips, jetties, quays, piers, mudberths, sheds, lofts, workshops, hardstanding, roadways and carparks.
Regulations
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 Harbor or Premises.
Services
means the various services offered to the Owner by the Company during the license.
Storage Ashore Accommodation
means the land space temporarily allocated to the Owner from time to time by the Company for the storage ashore of the Vessel during the term of the license.
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 and detailed in the Invoice.

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10 License

  • 2.1 The Berth at the Harbor or Premises shall be licensed for the period and at the Charges agreed to and detailed in the Invoice.
  • 2.2 This license shall not be automatically renewed but will end at 12 noon on the end date specified on the Invoice provided this

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11 Liability, Indemnity and Insurance

  • 3.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer's or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbor and/or using any facilities or equipment.
    • 3.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to: maintain security at the Premises; to maintain the facilities and equipment at the Premises; and to keep the Harbor in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner's own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. Where the Company is a private individual, the Company accepts no liability unless occasioned by gross negligence, fraud, or liability which cannot lawfully be excluded or restricted.
    • 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. 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 which has not been caused by the Company’s negligence of some other breach of duty on its part. However, the Company reserves the right to salvage a Vessel or other property in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis.
    • 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 $2,000,000, and cover against wreck removal and salvage, 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 a request to do so.
    • 3.1.4 The Owner, their crew and members of their family shall comply with all applicable laws at all times when using the Company's Harbor and Premises.

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12 Payment

  • 4.1 The only payments to be made by the Owner to the Company are those in advance through The Waypoint.

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13 Address Details and Subsequent Change of Details

  • 5.1 The Owner must supply to the Company details of the Owner's home address in writing. This address must be a different address to the address of the Harbor. The Owner shall be obliged to produce evidence to the Company of such home address within 7 days of a request to do so.
  • 5.2 The Owner must notify the Company in writing of the details of any change of names of the Vessel or change of address or contact details of the Owner.

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14 Berth Allocation

The physical layout of every Harbor and Premises and the varying needs and obligations of the Company and its customers requires that the Company retains absolute control of Berth allocation within the Harbor and Premises. The Owner shall never be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to him by the Company that is suitable for the Owner's Vessel.

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15 Personal Nature of the License

  • 7.1 This license relates to the Owner's right to a berth or slip for the Vessel described in the application for berthing. Whilst the berth or slip does not remain fixed, the benefit of the berth is personal. It may be transferred or assigned temporarily to a new Owner or to a different Vessel through The Waypoint or through the express written consent of the Company.
  • 7.2 Within 7 days of any agreement for the sale, transfer or mortgage of a Vessel that is subject to this license the Owner shall notify the Company in writing of the name, address and telephone numbers of the purchaser, transferee or mortgagee, as the appropriate case may be.

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16 Use of Berth by Company when Vacant

The Company may have the use of the Berth when it is left vacant by the Owner.

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17 Termination

  • 9.1 The Company retains the right (without prejudice to any other rights in respect of breaches of the terms of this License by the Owner) to terminate this license in the following manner in the event of any breach by the Owner of this License;
    • 9.1.1 Having regard to the nature and 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 him 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 or welfare of any other person or property the time specified for remedy may be immediate or extremely short. The notice for immediate remedy may be provided verbally or in writing by the Company. If the Owner fails to effect the remedy within the specified period, or if the breach is not capable of remedy, the Company may serve notice on the Owner requiring him to remove the Vessel from the Harbor or Premises immediately
    • 9.1.2 If the Owner fails to remove the Vessel on termination of this license whether under this Condition or otherwise), the Company shall be entitled
      • 9.1.2.1 to charge the Owner at the Company's 24 hour rate for overnight visitors for each day between termination of the license and the actual date of removal of the Vessel from the Harbor and Premises; and/or
      • 9.1.2.2 at the Owner's risk (save in respect of loss or damage directly caused by the Company's negligence or other breach of duty during such removal) to remove the Vessel from the Harbor and Premises and thereupon secure it elsewhere and charge the Owner all reasonable costs arising out of such removal including alternative berthing fees.
    • 9.1.3 Any notice of termination under this License 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. In the case of the Company shall be served at its principal place of business or registered office.

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18 Rights of Sale and of Detention

  • 10.1 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 1977. 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:
    • 10.1.1 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 authorized agent and that he will take delivery or arrange collection when the repair or treatment has been carried out.
    • 10.1.2 The Company's obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;
    • 10.1.3 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 Center or any firm of Solicitors
  • 10.2 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 the Vessel's eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.
  • 10.3 The Company reserves a general right (a lien) to detain and hold onto the Owner's Vessel or other property pending payment by the Owner of any sums due to the Company. If the License is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner. The charges will accrue 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 Harbor and Premises. The Owner shall at any time before the End Date be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt of the license and associated services with interest and, where the debt is contested, a reasonable provision for the Company's prospective legal costs.

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19 Termination and Cancellations by Owner

  • 11.1 This License may be terminated by the Owner;
    • 11.1.1 on 16 weeks written notice by the Owner to the Company. In this event the Company will be entitled to recalculate the charge for the Berth using the rate or rates that would have been applicable to the actual period of the license instead of the annual rate. If this recalculation results in a balance payable to the Company then the Owner shall be required to pay that balance before removing the Vessel from the Harbor or Premises. If there is a balance in favor of the Owner, the Company shall pay it to the Owner upon the Vessel's departure of the Vessel from the Harbor or Premises; or
    • 11.1.2 before the 36 hour Cancellation Period at no cost to the Owner. All cancellations occurring within 36 hours of the license start date will be charged at the full amount of the booking.

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MISCELLANEOUS

20 Waiver

No failure or delay by the Company to exercise any right or remedy provided under this license or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

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21 Variations

The Conditions of the license may be revised at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Conditions may also be superseded by provisions or notices published elsewhere on our site.

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22 Severance

If any provision of this license (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this license, and the validity and enforceability of the other provisions of this agreement shall not be affected.

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23 Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, this license and the Company retains the right to bring proceedings against the Owner for breach of the Conditions in the Owner's country of residence or any other relevant country. This license and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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