Terms & Conditions part 2 (full terms and conditions available at FHM)
Current Full terms & Conditions available on request from; info@fairies-hill-moorings.co.uk
Correct at time of going to press, but subject to change, shown here for information only
F.H.M’s Right of Sale
The amount to be refunded fits with the complete number of months remaining e.g., if a customer provides notice on 14 March, the refund is calculated on complete months from 1 May.
Refund Policy
There is no refund due on a Contract excepts on the termination of a 12- month Contract which is detailed above in Clause 8.6. Refund cheque's will not be paid until after the Customer has left the Marina.
Rights of F.H.M to Re-Berth and Move Vessels
F.H.M reserves the right to moor, re-berth, move, board, enter or carry out emergency work on any Vessel if, in F.H.M’s opinion, it is necessary to do so for the purpose of trying to: avoid damage to the Vessel or to any other vessel in the Marina and/or ensure the safety of other users of the Marina; and/or ensure the safety of F.H.M’s staff, premises, plant or equipment.
F.H.M also reserves the right to moor, re-berth or move the Vessel, and/or to move any equipment and/or goods belonging to the Owner, if, in F.H.M’s opinion, it is necessary for the good management, safety or security of the Marina.
Any vessel or other property left at the Marina in breach of the terms of this Agreement will be subject to the provisions of the Torts (Interference with Goods) Act 1977 ( the Act ) which confers on F.H.M as bailee a right of sale exercisable in certain circumstances.
In circumstances where the Act does not apply or where F.H.M cannot be regarded as a bailee of the Vessel, section 12 and Schedule 1 of the Act is expressly incorporated into these General Conditions except that where the term bailee appears in the relevant provisions of the Act it is to be replaced with F.H.M and where the term Baylor appears it is to be replaced with Owner and where the term bailment appears it is to be replaced with General Conditions
F.H.M will not exercise the right of sale described in this Clause 14 until it has given notice to the Owner or has taken reasonable steps to trace him in accordance with the Act.
Non-Assignability
This agreement is personal to the Owner and his Vessel. The Owner must not assign any of his rights or obligations under this agreement to any third party or to any Vessel not named in the F.H.M Contract signed by the Owner.
Non-Exclusivity of Berths
Nothing in these General Conditions shall entitle the Owner to the exclusive use of a particular Berth. Vessels shall be berthed or moored by the Owner in such a manner and position as F.H.M shall direct.
Once F.H.M has allocated a Berth to the Owner, the Owner shall not utilise a different Berth unless such a change of location is approved in writing prior to the Owner taking such action or is required by emergency circumstances.
Unless otherwise agreed in writing by F.H.M, all necessary warps and fenders shall be provided by the Owner. F.H.M reserves the right to replace warps and re-secure any Vessel in the interests of the safety at the Owner’s expense without prior notification.
Safe Navigation of Vessels in the Marina
When entering or leaving or manoeuvring in the Marina, the Owner must ensure that the Vessel is not navigated at such a speed or in such a manner as to endanger or inconvenience other vessels.
The Owner must ensure that his Vessel is no navigated by anyone who is under the influence of alcohol or drugs.
Prohibition of Nuisances
No noisy or objectionable engines, radios or other apparatus or machinery shall be operated at the Marina so as to cause a nuisance or annoyance to F.H.M or to any other users of the Marina or to any person residing in the vicinity.
No anti-social behaviour or abuse, verbal or physical shall be tolerated towards customers or staff at the Marina. Immediate termination of Contract will occurs and criminal prosecution may be considered.
The Owner shall use his best endeavours to ensure that himself, his crew, contractors and visitors do not cause a nuisance as described in this Clause 15.
Disposal of Refuse
No refuse shall be thrown overboard or left on the pontoons, jetties or car parks. Any domestic waste shall be disposed of in the receptacles provided by F.H.M or be removal from the Marina by the Owner. Non domestic waste must be removed from the Marina by the Owner.
The use of sea toilets are strictly prohibited at the Marina. Any Customer whose Vessel is found to be using such a facility will have his Contract ended as per Clause 8.2.
Spillages
The Owner should immediately inform F.H.M of any spillage of oil, paint or any other pollutant into the Marina. The Owner should also take such steps as are reasonably practicable in the circumstances to minimise the spread of the pollutant and warn other users of the Marina of the problem. Costs associated with any clean up operation may be charged to the Owner.
Stowage and Use of Dinghies
Dinghies and tenders shall not be used in the Marina without the prior permission of the Marina Manager or Supervisor.
Storage of Gear
No fittings, equipment, supplies, stores or any other property belonging to the Owner shall be stored or left at the Marina other than as directed by F.H.M.
Except while transporting items to or from the Vessel, the Owner must not leave or store any items on the pathways, walkways and car parks of the Marina. No ropes, cables, hoses, wires etc. must be trailed across paths that present a trip hazard.
Vehicle Parking
20.1 Subject always to the availability of parking spaces, the Owner his crew, contractors and visitors are required to park their validly taxed motor vehicles in such a position and such a manner as directed by F.H.M.
The Owner, his crew, contractors and visitors are required to ensure that all security gates are closed after use.
Health and Safety Fire Precautions
Owner shall abide by all relevant health and safety regulations, codes of practice and any health and safety guidance issued by F.H.M while using the Marina.
The Owner shall take all necessary precautions against the outbreak of fire in or on his Vessel and the Owner shall observe the statutory and local regulations relating to fire prevention exhibited in the Office. The Owner shall provide and maintain in good working order at least one fire extinguisher of a EU government approved or BSI standard type and size, in or on the Vessel and readily available for immediate use in case of fire.
The lighting of open fires are strictly prohibited. All barbecues and cookers must not be left unattended and must be properly extinguished. The area around the equipment must be left in a clean and tidy condition.
Persons under the age of 16 years invited to the Marina by the Owner is the sole responsibility of the Owner and must remain under the Owner’s supervision at all times. They must not be allowed to cause a nuisance to any other user of the Marina as per Clause 15.
The Owner must provide F.H.M with current address and contact details and telephone numbers so that the Owner can be contacted in an emergency.
Diving, Bathing
Any person at the Marina unable to swim is advised to wear adequate life jackets at all times while at the Marina and persons under the age of 12 must be attended by a responsible adult at all times.
Television Aerials, Satellite Dishes and Wind Generators
Every effort will be made by the Owner to ensure that television aerials, satellite dishes and wind generators are erected in a manner that makes then as inconspicuous as their design allows for, while the Vessel is in the Marina.
Additional Regulations, Rules and British Waterways Byelaws
F.H.M reserves the right to amend these General Conditions and/or to introduce other Marina specific rules and regulations which are necessary for the efficient and effective running of the Marina. Such amendments and rules and regulations shall become effective on being displayed on F.H.M’s public notice board or in any other prominent place at F.H.M.
Any such rules and regulations introduced under this Clause 25 shall be deemed to form part of these General Conditions and F..H.M shall have the same rights against the Owner for a breach of these rules and regulations as for a breach of these General Conditions.
The Owner shall at all times abide by, and shall use his best endeavours to ensure that his crew, contractors and visitors abide by any applicable British Waterways, Environment Agency and any other local authority bye-laws. Any failure to comply is a criminal offence and may result in a fine.
Without prejudice to the generality of Clause 36.4 F.H.M will not be liable to the Owner in the event of a temporary failure of any of the facilities and/or services at the Marina due to a reason not within F.H.M’s control, but agrees to use its reasonable endeavours to ensure that the affected services and/or facilities are repaired as soon as reasonably possible. This is also applicable to scheduled maintenance.
Animals on Board Vessels
The Owner may not keep any animals on board the Vessel while it is in the Marina, other than domesticated animals that have been notified to F.H.M as being present onboard and approved as suitable to be in the Marina by F.H.M. The animals approved by F.H.M as suitable for the Marina must at all times remain under the proper control of the Owner while they are at the Marina and must never be allowed to cause a nuisance to any other users of the Marina F.H.M reserves the right to ask the Owner to remove any offending animals from the Marina, forthwith if these Rules are consistently breached by the Owner.
Any waste caused by animals in the Marina should be cleared up by the responsible person and disposed of in an appropriate manner.
Care of Marina Property
No alterations may be made to any part of the Marina property unless F.H.M's prior written consent.
General
In these General Conditions, unless the context otherwise requires, words importing any gender includes every gender and words importing the singular number includes the plural and vice versa.
The headings in these General Conditions are for convenience only and shall not affect its interpretation.
Unless otherwise agreed in writing, F.H.M’s failure to exercise or delay in exercising any right or remedy provided by these General Conditions does not constitute a waiver of that right or remedy of waiver of any other rights or remedies under these General Conditions.
F.H.M shall not be liable for any failure or delay in performing any of its obligations under these General Conditions caused by circumstances beyond its control.
If any part of these General Conditions are held by a court of competent jurisdiction to be invalid or unenforceable, the validity and enforceability of the remainder of these General Conditions shall not be affected.
These General Conditions, the Schedule and any Marina specific rules and regulations introduced by F.H.M in accordance with Clause 25 above constitute the entire agreement and understanding between F.H.M and the Owner with respect t all matters referred to within it and shall supersede any previous agreement's) between the parties in relation to the matters referred to in these General Conditions.
No person other than a contracting party may enforce any provision of these General Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
Any notice gave or invoice to be delivered in accordance with these Genera Condition shall be delivered by hand or sent by first class post. Any notice or invoice delivered by first class post shall be deemed to have been received 48 hours after it has been posted.
These General Conditions shall be governed and construed in accordance with the laws of England and Wales.
Security
Diving and bathing in the waters of the Marina is not permitted.
The Owner furthers undertakes to abide by any reasonable instructions issued by F.H.M.