Macclesfield Canal Centre Limited |
Terms & Conditions of Mooring |
Macclesfield Canal Centre Limited shall hereafter be referred to as “The Company”. The term “Owner” shall include the actual owner, a purchaser of a vessel or vehicle under a credit payment agreement, a hirer under a hire purchase agreement contract, or any other contract of hire, a lessee of a vehicle or vessel and any person dealing with The Company in the character of the owner, hirer, lessee, agent, charterer or purchaser of a vessel or vehicle all jointly and severally. For the purpose of this document, the term “Craft” shall include all boats (whether on wet or dry moorings), caravans, Recreational Vehicles/Campers being stored under an agreement with The Company. |
| 1 | All craft on wet moorings must have a current British Waterways licence and (where applicable) a current Boat Safety Certificate. These can be arranged through the Marina office. |
| 2 | All craft must carry a current policy of insurance with a minimum third party liability of £1,000,000 (for licence purposes British Waterways require a minimum of £2m) |
| 3 | The Company is required by the conditions of its lease to satisfy itself that craft are properly covered. Moorers are required to produce relevant documentation on request. |
| 4 | Moorers are entitled to park one vehicle per craft within the marina grounds. Additional vehicles may be allowed within the grounds subject to availability of space. Moorers are requested to park their vehicle sensibly and with consideration to caravan/boat and shop access. |
| 5 | Whilst every care will be taken of craft moored or parked within the marina, The Company will not be held responsible for any damage, howsoever caused. Vehicles and their contents are parked entirely at the owners’ risk. |
| 6 | Where a vehicle is parked within the marina for the duration of a cruise or holiday, owners are required to liaise with the marina staff prior to departure. |
| 7 | All persons using any part of The Company’s premises or facilities for whatever purpose and whether by invitation or otherwise, do so entirely at their own risk. |
| 8 | The craft owner agrees to make payment to The Company of all sums outstanding, including mooring fees, in accordance with The Company’s usual terms of business. |
| 9 | The water level in the marina cannot be guaranteed and mooring lines should allow for variations in levels. |
| 10 | A speed limit of 2mph is in force for boats manoeuvring within the marina. Care should be taken to create the minimum wash in order to protect other boats from damage. |
| 11 | A speed limit of 10mph is in force for road vehicles using the marina grounds. |
| 12 | All craft on wet moorings are required to be securely moored fore and aft. Stern and bow fenders are essential. Other fenders may be fitted to the craft only. Side fenders should be fitted where the craft may come into contact with another adjacent vessel. No fenders are to be fitted or attached to piers or jetties without the express consent of The Company. |
| 13 | All craft shall occupy the berth allocated. Craft may not be moved to other berths without permission of the marina manager. Sub-letting of the berth is not permitted. Berths will not be automatically transferred upon change of ownership. |
| 14 | Owners are not entitled to the exclusive and continuous use of any particular berth. The Company intends that the allocation of berths shall, wherever possible, remain unaltered throughout the season but owners may be required to change berths from time to time. |
| 15 | Owners shall observe and apply the bye-laws and regulations of British Waterways and all other statutory rules or regulations affecting the marina and the waterway and agree to indemnify The Company against all actions, suits, losses, damages, claims or demands which may arise in consequence of the breach or failure to observe and apply and abide by such bye-laws, rules and regulations. |
| 16 | The Company requires that all craft occupying berths or land storage within the marina confines, be kept in a clean and tidy condition. Your attention is drawn to the condition that: No gear, fittings, equipment, supplies, stores or other articles may be left on the pontoons, jetties, car park or on roadways, paths or areas giving access thereto. Used oil, batteries, equipment packaging or other large articles for disposal must be removed by the owner. Waste bins are intended for the disposal of ordinary household waste and should not be used for other materials. Non-household waste/scrap, oils, batteries etc. can be safely disposed of by The Company by arrangement, subject to an environmental charge for the service. |
| 17 | Minor running repairs of a routine nature may be carried out by the owner or his/her crew provided that it does not cause annoyance or nuisance to any other users of the marina. Other major work may be allowed by agreement of the marina manager. |
| 18 | The Company reserves the right to moor, re-moor, move, load, enter or carry out any work on a vessel or vehicle, if in the opinion of The Company it shall be necessary to do so for the safety of the craft or the safety or convenience of other users of the marina, or for the safety of The Company’s premises, plant or equipment. The owner shall pay The Company reasonable costs or charges for such work. |
| 19 | In the event of termination of this agreement by the moorer, The Company requires either 4 weeks notice in writing of intention to quit or payment of 4 weeks mooring fees in lieu of notice. Any sum of money owing to The Company by way of rental/fees/service charges or supply of goods must be settled prior to the removal of the craft from The Company’s premises. |
| 20 | The Company reserves the right to terminate any mooring agreement and in such cases The Company will give 4 weeks notice in writing to the moorer personally or at his/her last known address. In the event of termination of agreement by The Company, liability shall be limited to a refund of the proportion of the payment calculated by reference to the unexpired portion of the period of rental of the berth calculated on a day to day basis. |
| 21 | The Company operates a boat brokerage service and will be happy to act for you in the matter of boat sales. Vessels may not be sold privately from the marina, other than by arrangement with The Company on a commission basis. |
| 22 | Although pets are welcome on the marina, owners must ensure that they are kept under proper control at all times. Owners are responsible for removing any fouling made by their pets. |
| 23 | The Company is registered with The Data Protection Registrar. Records of owner’s names, addresses, account status etc. are held on a database in accordance with the usual working practices of The Company. Contact details in particular, are essential in the event of an incident or emergency affecting craft moored or parked at the marina. These records are updated from time to time to ensure accuracy. No details of any kind are passed to any third party. |
| 24 | In consideration of our neighbours, the running of boat engines is prohibited on the marina between the hours of 7pm and 8am. Moorers are requested not to leave their boats unattended whilst engines are being run. |
| 25 | The marina gates are locked each evening at 7pm. Moorers entering or leaving the premises after that time must ensure that the gates are secured. |
| 26 | These Terms & Conditons may be amended from time to time as required by the Company. The latest copy of Terms & Conditions can be viewed on-line at maccmarina.com or upon request at the office. |
| 27 | Mooring fees are subject to annual review, any increase in fees resulting from such reviews will be applied from 1st March annually. |