T & Cs
Terms and Conditions
Standard Licence For Berthing, Mooring And Storage Ashore
1 DEFINITIONS
Where the following words appear in this Licence they shall have the following meanings:
“Application Form”
means the application form, signed by the parties to this Licence, which contains the details of this Licence.
“Berth”
means the space on water or land from time to time allocated to the Owner by the Company for the Vessel and/or Chattels during the term of this Licence.
“Chattels”
includes any equipment, machinery, vehicles, trailers, or any other goods or personal property of the Owner, excluding the Vessel.
“Commencement Date”
means the date shown on the Application Form or the date on which the Owner placed his Vessel and/or Chattels on the Premises, whichever is the earlier.
“Company”
means Littlehampton Yacht Club Limited, a company registered in England & Wales under company number 7117702, and whose registered office is at Arun Shipyard, Rope House, Rope Walk, Littlehampton, W Sussex BN17 5DH.
“Owner”
includes any charterer, master, agent or any other person (excluding the Company) for the time being in charge of or responsible for the Vessel and Chattels.
“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 car parks. A copy of the plan of the Premises is on display at the Company’s registered office.
“Regulations”
mean those regulations, including a health and safety policy, (if any) made by the Company as the same may be amended from time, 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 Premises.
”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.
2 THE LICENCE AND DURATION
2.1 For the avoidance of doubt, entry onto the Premises, by land or water, for any purpose whatsoever entails acceptance of the terms of this Licence and the Fees specified herein.
2.2 Pursuant to the terms and conditions set out in this Licence, the Company permits the Owner to moor or store the Vessel and Chattels on the Premises in the Berth allocated to the Owner by the Company from time to time for the duration of this Licence.
2.3 The Licence shall commence on the Commencement Date and shall continue for the duration as set out in the Application Form.
2.4 The Owner shall not 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.
2.5 Nothing in this Licence shall create the relationship of landlord and tenant between the Company and the Owner.
3 FEES
3.1 The fees (“Fees”) which are payable by the Owner to the Company under this Licence are as set out in the Schedule to this Licence. All Fees are quoted inclusive of VAT, but, for the avoidance of doubt, VAT has been added to all Fees at the prevailing rate.
3.2 If any Fees are not received by the Company within 7 days of the due date, the Company reserves the right (without prejudice to any other rights and remedies) to charge compound interest, from the due date, on all outstanding Fees at a rate of 5% per month or 60% per year.
3.3 The Company shall be entitled to carry out credit checks on the Owner from time to time, subject to the terms of the Data Protection Act 1998 and subsequent amendments thereof.
3.4 The minimum charge for a berth or hardstanding storage is 6 linear metres.
4 LIABILITY, INDEMNITY AND INSURANCE
4.1 No guarantee is given nor responsibility accepted for the suitability of any Berth, equipment, supply of electricity, or other facilities provided by the Company.
4.2 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control, such as extreme weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property.
4.3 The Company shall take reasonable steps to maintain security at the Premises and to maintain the facilities and equipment at the Premises in reasonably good working order. But, in the absence of negligence or breach of duty on the part of the Company, Vessels and Chattels are left with the Company at the Owner’s own risk and owners should ensure that their own personal and property insurance adequately covers all such risks.
4.4 The Company shall not be under any duty to salvage or preserve a Vessel or Chattels from the consequences of any defect in the Vessel or Chattels 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 a Vessel or Chattels from the consequences of an accident which has
not been caused by the Company’s negligence. 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, the Company shall be entitled to charge the Owner concerned on a normal commercial charging basis.
4.5 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels or Chattels and they shall be obliged to maintain adequate insurance including:
4.5.1 insurance of the Vessel and all Chattels against all normal risks for not less than their full replacement value or £10,000, whichever is the greater;
4.5.2 third party liability cover for not less than £5,000,000; and
4.5.3 where appropriate, employers’ liability cover to at least the statutory minimum;
The Owner shall be obliged to produce evidence to the Company of such insurances within 7 days of a request to do so.
4.6 The Owner shall indemnify the Company from and against all damage caused to the Company’s property, and against all actions, proceedings and claims by third parties, in respect of any damage or liability caused by or arising from the wilful act, neglect or default of the Owner or any person at the Premises at the invitation (express of implied) of the Owner or his guests.
4.7 CCTV is in operation and will be used in accordance with the Data Protection Act.
5 PERSONAL NATURE OF THE LICENCE
5.1 This Licence is personal 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 prior written consent of the Company, such consent being within the Company’s absolute discretion.
5.2 Within 7 days of any agreement for the sale, transfer or mortgage of a Vessel, the Owner must notify the Company in writing of the name, address and telephone numbers of the purchaser, transferee or mortgagee, as the case may be by completing the “Sale of Vessel form”
6 USE OF BERTH BY COMPANY WHEN VACANT
The Company may have the use of the Berth when it is left vacant by the Owner.
7 TERMINATION BY THE COMPANY
7.1 The Company shall have the right (without prejudice to any other rights and remedies) to terminate this Licence at any time by serving 30 days’ written notice to the Owner, who shall remove the Vessel and all Chattels by the end of that notice period.
7.2 The Company shall have the right (without prejudice to any other rights and remedies) to terminate this Licence with immediate effect by serving written notice on the Owner if:
7.2.1 any Fees owing by the Owner to the Company remain unpaid for 14 days after falling due; or
7.2.2 if the Owner fails to observe or perform any of its obligations or undertakings under this Licence; or
7.2.3 if the Owner is abusive in any way towards a staff member or Director of the Company.
7.3 The Owner must remove the Vessel and all Chattels immediately on termination of this Licence (whether under this Clause 7 or otherwise). If the Owner fails to do so, the Company shall be entitled (without prejudice to any other rights and remedies available to it under Clause 8):
7.3.1 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 and all Chattels from the Premises; and/or
7.3.2 at the Owner’s risk (save in respect of loss or damage directly caused by the Company’s negligence) to remove the Vessel and all Chattels from the Premises and thereupon secure it elsewhere and charge the Owner for all costs reasonably arising out of such removal including alternative berthing fees.
7.4 For the avoidance of doubt, the Owner shall not be entitled to any refund of Fees in the event of termination pursuant to Clause 7.2.
8 RIGHTS OF DETENTION AND SALE
8.1 This Licence is subject to the provisions of the Torts (Interference with Goods) Act 1977 (the “Act”). Pursuant to the Act, the Company has a right of sale in circumstances where the Owner fails to collect or accept re-delivery of the Vessel and/or any Chattels upon the termination of this Licence. 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:
8.1.1 the Company’s obligation as custodian of goods accepted for storage ends on its notice to the Owner of termination of that obligation; and
8.1.2 the place for delivery and collection of goods shall be at the Premises unless otherwise agreed.
8.2 Pursuant to the Act, the Company (or its agent) may sell the Vessel and/or the Chattels by public auction or private sale, and, after deducting the costs involved in such a sale, retain and apply the residue of the proceeds of sale in satisfaction of, or towards, the fees or charges owed to the Company by the Owner, after which any remaining monies will be provided to the Owner.
8.3 In addition to the rights under the Act, the Company reserves the right of a general lien to detain and hold onto the Vessel or any Chattels pending payment by the Owner of any Fees or any other sums due to the Company. If this Licence is terminated or expires while the Company is exercising this right of detention, the Company 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 and all Chattels from the Premises.
8.4 Maritime law entitles the Company in certain other circumstances to bring action against the Owner of the Vessel to recover debt or damages. Such action will involve the arrest of the Vessel through the Courts and its eventual sale by the Court/the Company. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or Chattels.
8.5 All legal fees incurred will be charged to the Owner's account and will be recoverable through the Court.
9 TERMINATION BY THE OWNER
9.1 This Licence may be terminated by the Owner on giving 2 months’ written notice to the Company AFTER the duration as set out in the Application Form (Currently 1 year).
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 Licence instead of the annual rate. If this recalculation results in a balance payable to the Company, the Owner shall be required to pay that balance before removing the Vessel and any Chattels from the Premises. If the recalculation results in a balance payable to the Owner, the Company shall pay that balance to the Owner upon the removal of the Vessel and all Chattels from the Premises.
9.2 No refund is offered to the Owner for annual payers who have taken advantage of the 5% discount for upfront payment of the annual mooring/ storage fees should the Owner wish to terminate the annual contact early.
10 VESSEL MOVEMENTS
10.1 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.
10.2 The Company reserves the right to moor, re-moor, move, enter or carry out any emergency work on any Vessel or Chattel at any time (without prior notice to the Owner) for reasons of safety, security or good management of the Premises. The Owner shall pay the Company’s reasonable charges for such work.
10.3 No Vessel, when entering or leaving or manoeuvring on the Premises, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other customers’ vessels at the Premises.
11 COMMERCIAL USAGE
No part of the Premises or any Vessel or Chattels 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 consent from the Company. Where this Licence is granted to a commercial operator whose Vessel is operated for hire or reward in the course of trading, the Company reserves the right to impose special conditions and/or restrictions in addition to the terms and conditions of this Licence.
12 SALE OF THE VESSEL BY THE OWNER
12.1 The owner is entitled to sell 1 Vessel per calendar year without any Commission payable to the Company. The Owner undertakes, on any sale of more than 1 Vessel per calendar year subject to this Licence, to pay or to ensure that any broker handling the sale pays to the Company a commission equal to 10% of the gross sale proceeds. Commission is payable whilst this Licence is still in force, regardless of whether the sale of the Vessel is concluded elsewhere than on the Premises.
12.2 The Owner is not permitted to display notices for the sale of the Vessel or any Chattels on the Premises, without the prior written consent of the Company.
13 STORAGE
Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Company allocates a separate Berth for them. An appropriate Fee shall be payable by the Owner to the Company for any additional Berth that the Owner requires.
14 PARKING
The Owner is not permitted to park any vehicle on the Premises without obtaining the prior consent of the Company. If the Company gives the Owner consent to park on the Premises, the Company will issue the Owner a permit (for which a fee may be payable to the Company by the Owner) which must be displayed in the Owner’s vehicle at all times whilst on the Premises. Visitor parking permits are also available; all visitors should contact the Company in order to obtain a parking permit. Any vehicle parked on the Premises which does not display a valid parking permit issued by the Company will be fined.
15 THE REGULATIONS
15.1 The Owner shall at all times observe the 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; and
15.1.2 the Owner shall refuel only at the designated fuelling berth and shall vacate the berth when the 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 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 notice board, 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.
16 ACCESS TO PREMISES/WORK ON THE VESSEL
16.1 The Owner nor any other person connected with the Owner may remain on the Premises outside of the Company’s business hours without the prior written consent of the Company. If the Vessel is intended to be used for habitation, a monthly ground rent fee is applicable, as set out in the Schedule to this Licence.
16.2 No work shall be done on the Vessel or any Chattels while on the Premises without the Company’s prior written consent, other than minor running repairs or minor maintenance of a routine nature carried out by the Owner, his regular crew or his guests, provided that it does not interfere with the Company’s schedule of work.
17 HEALTH, SAFETY AND THE ENVIRONMENT
17.1 The Owner shall, and shall procure that his crew and guests shall, comply with all applicable laws when using the Premises.
17.2 The Owner shall not, and shall procure that his crew and guests shall not, behave in such a way as to cause any nuisance or annoyance to any other users of the Premises or to any person residing in the vicinity.
17.3 The Owner, his guests and any person using or carrying out work on the Vessel or Chattels is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur on the Premises as soon as possible after they occur.
17.4 No refuse shall be thrown overboard or left on any part of the Premises, or disposed of in any way other than in the receptacles provided by the Company or by removal from the Premises.
17.5 The Owner shall indemnify the Company from and against all damage caused to the Company’s property, and against all actions, proceedings and claims by third parties, in respect of any breach of this Clause 17 by the Owner or any person at the Premises at the invitation (express of implied) of the Owner or his guests.
18 ADDRESS DETAILS AND SUBSEQUENT CHANGE OF DETAILS
18.1 The Owner must supply the Company with written confirmation of the Owner’s home address. The Owner shall be obliged to produce evidence to the Company of such home address within 7 days of a request to do so.
18.2 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 of the Owner.
19 NOTICES
19.1 Any notice given under this Licence shall be addressed to the Company or the Owner (as appropriate) and be delivery personally, sent by email or sent by pre-paid first class post or recorded delivery.
19.2 The addresses for service of notices are:
19.2.1 The Company - Arun Shipyard, Rope House, Rope Walk, Littlehampton, W Sussex BN17 5DH or by email at fionaboyce@gmail.com.
19.2.2 The Owner - at the Owner’s last known address. In the event of the Company being unaware of the Owner’s address, the Company shall post such notice on the Company’s notice board situated at the Premises.
20 GOVERNING LAW
This Licence and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be construed according to and governed by the laws of England, and shall be submitted to the exclusive
jurisdiction of the English courts.
21 Your Personal Data and GDPR.
21.1 The Company will not share your data unless required to by law or to share with the emergency services in the event there is an emergency.
21.2 The Company will store your records for 7 years after you have left the LYC. After this time the records of personal details and payments will be deleted from our systems.
22 RYA Courses
22.1 RYA course must be paid in full at least 7 days before the course start.
22.2 Cancellation with more than 7 days before the course start will be offered a new date or a full refund. There will be no refund if the trainee cancels within 7 days before the start of the course.
22.3 https://www.rya.org.uk/club-centre-support/training/shorebased/online/site-policy
22.4 The Licences (where relevant) will be issued to the successful trainees at the end of the course or shortly thereafter.
22.5 It is the responsibility of the trainee to ensure the details on the booking form and medical forms is correct.
22.6 On successful completion of the RYA course the trainee's name, contact details, date of birth, certificate number and date of issue will be shared with the RYA through a secure web portal on www.rya.org.uk. The data will be stored on the RYA’s central database. This information allows the RYA to record the trainee's qualification, to update any records they may hold for the trainee, and to verify or replace the trainee's certificate if required. For further information on how the RYA will deal with the trainee's data, please see the RYA’s Privacy Policy at www.rya.org.uk/go/privacy.
22.7 On successful completion of your RYA course the trainee's name, certificate number and date of issue will be stored for up to 5 years by Seahorse Marine School. This information allows SMS to verify or replace the trainee's certificate if required.
NOTES AND FURTHER CONDITIONS
1. Your craft will be measured to include all fixed appendages. E.g. bow-sprits and davits will be included on any craft, outboard engines in the up position will be included on powered craft. You will be charged for the measured length subject to a minimum of 6 linear metres on all the moorings and hardstanding storage. .
2. Moorers who settle their annual mooring fees within 7 days of the invoice date may take a 5% prompt payment discount.
3. Moorers who wish to pay monthly by Standing Order only will pay the flat mooring fees with no surcharge or discount
4. Moorers who wish to pay quarterly in advance (by the 8th day of the 1st month of the quarter) will pay the flat mooring fees with no surcharge or discount.
5. Water and electric will be charged on top of mooring fees. See fees for the prevailing rate. This is whether you use the electric once or throughout the month.
6. Payment in full will be required from those taking up a mooring part way through the year.
7. Any member in genuine difficulties in settling their mooring fees may apply to the LYC for a variation to the above in writing.
8. To terminate the contract you must pay a termination fee of 2 months mooring fee or give 2 months WRITTEN NOTICE. Only once this has been paid OR PROPERLY NOTIFIED will we terminate the contract. WHILST THE CONTRACT IS STILL RUNNING YOU WILL ACCRUE INTEREST CHARGES.
9. Interest will be charged at 5% per month on any outstanding fees or 60% annually.
10. We will appoint a solicitor to recover any money outstanding over 2 months or on leaving the LYC with monies still owed to the LYC.
11. Membership fees are due no matter where you store/ moor your craft at the LYC i.e. those vessels stored in the secure compound will also be required to pay a membership fee.
12. Monthly payment will only be accepted by standing order. Cash/ Cheque or card payments will not be accepted for monthly payments unless by prior arrangement with the Company.
13. CCTV will be in operation from 2014. The CCTV will be used in accordance with the Data Protection Act 1998 and ICO’s CCTV Code of Practice 2008.
DEFINITIONS
In this Schedule, ”linear metre” means the overall length of the space occupied by the Vessel (or Chattels) including all extensions (e.g. dinghies, pulpits etc) whether temporary or permanent.
VAT
All Fees are quoted inclusive of VAT (except where stated). VAT has been added to all Fees at the prevailing rate.
DISCOUNTS
The Company offer an 5% discount for mooring fees and storage fees are paid upfront for the year as long as there are no outstanding debts on the owner’s account. Please contact the Company for further details.
Monthly fees musty be paid by Direct Debit or standing order unless by prior arrangement with the management.