GENERAL CONDITIONS OF MOORING AT LITTLE OUSE MOORINGS
1. In these conditions
"Moorings" shall mean mooring and facilities of Little Ouse Moorings,
"Owner" shall mean the owner of the vessel or vehicle or other person for the time being lawfully in charge of it
2. All mooring fees will be invoiced annually in advance for the period beginning of April to end of March. Payment is required in full within 7 days from the date of the invoice. Quarterly or six monthly invoices can be arranged at an additional charge of 5% above the current mooring rate.
3. Owners and their crew are required to park their motor vehicles in the car parks provided which are to be locked at all times. No vehicles are to be parked on the river bank or roadside.
4. No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the river bank or car parks.
5. The Owner shall keep all dogs strictly under control at all times and on all parts of the Little Ouse Moorings site; no fouling of the river bank or any other part of the Little Ouse Moorings site shall be permitted. “Strictly under control” requires the dog to be closely accompanied, and in direct view of its keeper, at all times. The keeper shall not remain aboard his boat while the dog is ashore. Any fouling shall be immediately and totally removed. The Owner, even in his absence, shall be responsible for any dogs brought on site, by his family, friends, guests, partners or, any other person visiting him or his boat or his berth.
6. Any Owner in breach of conditions 3,4 or 5 will be given one only final warning; any further breach will lead to the forfeit of their mooring.
7. No refuse shall be thrown overboard, left on the river bank, car parks, or disposed of in any way other than in the receptacles provided by Little Ouse Moorings or by removal from Little Ouse Moorings.
8. Water supplied to the moorings is for domestic use only. It is not to be used for the washing down of vessels.
9. All vessels and vehicles in or at the Moorings may be moved by Little Ouse Moorings to any other part of Little Ouse Moorings.
10. Little Ouse Moorings shall not be liable whether in contract, tort or otherwise for any loss, theft or any other damage of whatsoever nature caused to any vessel or vehicle or other property of the Owner or others claiming through the Owner except to the extent that such loss, theft or damage may be caused by the negligence or wilful act of Little Ouse Moorings or those for whom Little Ouse Moorings is responsible.
11. The Owner shall indemnify Little Ouse Moorings against all loss, damage, costs, claims or proceedings incurred by or instituted against Little Ouse Moorings or its servants or agents which may be caused by the Owner's vessel or vehicle or by the Owner, his servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs or proceedings may be caused by the negligence or wilful act of Little Ouse Moorings or those for whom it is responsible.
12. The Owner shall maintain Third Party insurance in respect of each of his vehicles or vessels in a sum not less than
£2,000,000.00 in respect of each accident or damage. Such insurance shall be effected and maintained in an insurance office of repute and the Owner shall produce the policy or policies relating thereto to Little Ouse Moorings on demand.
13. The Owner shall maintain the necessary Licence in respect of his vessel. Mooring is conditional upon the owner having a valid licence for the moored vessel.
14. No part of Little Ouse Moorings or of any vessel or vehicle while situated therein shall be used by the Owner for any commercial purposes.
15. Within seven days of any sale, transfer or mortgage of any vessel which is subject to a current mooring the Owner shall notify Little Ouse Moorings of the name and the address of the purchaser, transferee or mortgagee as the case may be.
16. No work shall be done to the vessel whilst at the Little Ouse Moorings (unless with the prior written consent of Little Ouse Moorings which may be withheld at its sole discretion) other than minor running repairs or minor maintenance of a routine nature not causing any nuisance or annoyance to any other users of Little Ouse Moorings or any other person residing in the vicinity.
17. Little Ouse Moorings has the right to exercise a general lien upon any vessel and/or other property of the vessel's Owner whilst in or on the Little Ouse Moorings or until such time as any money due to Little Ouse Moorings in respect of the vessel and/or other such property whether on account of rental, storage, commission, access or berthing charges, work done or otherwise shall be paid.
18. Little Ouse Moorings shall have the right (without prejudice to any other rights in respect of breaches of these conditions by the Owner) to terminate the mooring granted to the Owner in the following manner in the event of any breach by the Owner of these conditions or of any failure by the Owner to make any payment due to Little Ouse Moorings. If the breach is capable of remedy or the Owner has failed to make any such payment Little Ouse Moorings may serve notice on the Owner specifying the breach or the failure to pay and requiring him to remedy the breach or pay the amount due within 7 days. If the Owner fails to remedy such breach or pay the amount due within 7 days, or if the breach is not capable of remedy, Little Ouse Moorings may serve notice on the Owner specifying the breach or failure to pay (when not already specified) and requiring him to remove the vessel within 7 days at the expiration of which the Owner shall remove the vessel and other property of his from the Little Ouse Moorings.
19. Any moorer found in practice to be “residential” for even part of a year when this was not agreed in advance will be required to vacate his/her mooring within 7 days.
20. When no date of termination has been agreed in writing between the parties, Little Ouse Moorings or the Owner may terminate the mooring agreement by giving the other 90 days notice in writing of such termination, at the expiration of which the Owner shall remove the vessel from the Little Ouse Moorings. Mooring fees are payable to Little Ouse Moorings up to the date of such expiration, regardless of the date of departure from the Little Ouse Moorings of the vessel.
21. If the Owner fails to remove the vessel on termination of the agreement (whether under this condition or otherwise) Little Ouse Moorings shall be entitled:
· to charge the Owner with the rental which would have been payable by the Owner to Little Ouse Moorings.
· at the Owners risk (save in respect of loss or damage by Little Ouse Mooring’s negligence during such removal) to remove the vessel from the Little Ouse Moorings and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.
22. In all cases where a contract of hire or agreement to occupy any moorings, berth, storage space, property or facilities may be lawfully terminated by notice, the same shall be deemed to be lawfully served if served personally on the Owner or sent by registered post or recorded delivery service to the last known address in the United Kingdom of the Owner or to the principal place of business of Little Ouse Moorings.
23. Any vessels or other goods left at the Little Ouse Moorings are subject to the provision of the Torts (Interference with Goods) Act 1977, which confers on Little Ouse Moorings as bailee a right of sale exercisable in certain circumstances. Such sale will not take place until Little Ouse Moorings has given notice to the Owner or has taken reasonable steps to trace him in accordance with the Act. A similar right of sale shall also arise when any vessel or other goods of which Little Ouse Moorings is not a bailee are left at the Little Ouse Moorings. Any obligation of Little Ouse Moorings towards vessels or goods left at the Little Ouse Moorings ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such vessels or goods and Little Ouse Moorings accepts no responsibility for the loss or damage to any vessels or goods left at the Little Ouse Moorings without its consent save in so far as such loss or damage is caused by the negligence of Little Ouse Moorings or those for whom Little Ouse Moorings is responsible.
24. If in Little Ouse Mooring’s opinion such be necessary for the safety of the vessel or for the safety of other users of the Little Ouse Moorings or for their vessels or for the safety of Little Ouse Mooring’s moorings, premises, plant or equipment, Little Ouse Moorings shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on the vessel and except to the extent that such mooring, re-berthing, movement, boarding, entering or emergency work arises from the negligence of Little Ouse Moorings or those for whom Little Ouse Moorings is responsible, Little Ouse Mooring’s reasonable charges therefore shall be paid by the Owner within 14 days of an account being rendered.
25. Unless he has Little Ouse Mooring’s prior consent, the Owner shall not lend or transfer the berth (this licence being personal to the Owner relating to a particular vessel and non-assignable) nor shall he use the berth for any other vessel. Subject to any special condition of Little Ouse Moorings to the contrary, if the Owner notifies Little Ouse Moorings in writing or verbally that the vessel will be away from the Little Ouse Moorings for 14 days or more and Little Ouse Moorings is able to sublet on a continuous basis for a period or periods of not less than 14 days each, the berth normally occupied by the Owners vessel, Little Ouse Moorings shall pay the Owner 20% of the income so received for each such period by way of a credit against future fees due from the Owner.
26. Vessels shall be berthed or moored by the Owner in such a manner and position as Little Ouse Moorings may require and the necessary warps and fenders shall be provided by the Owner.
27. Nothing in the agreement shall entitle an Owner to the exclusive use of a particular berth.
28. All persons using any part of the Little Ouse Moorings for whatever purpose and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained within the Little Ouse Moorings was caused by or resulted from Little Ouse Mooring’s negligence or deliberate act of those for whom Little Ouse Moorings is responsible.
29. No vessel when entering or leaving or manoeuvring at the Moorings, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the moorings.
30. No noisy, noxious or objectionable engines, radio or other apparatus or machinery shall be operated within Little Ouse Moorings so as to cause any nuisance or annoyance to Little Ouse Moorings, to any other users of Little Ouse Moorings 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 offend as aforesaid.
31. The Owner shall take all necessary precautions against the outbreak of fire in or upon his vessel and the Owner shall observe all statutory and local regulations relative to fire prevention (if any) which shall be exhibited at Little Ouse Mooring’s public notice board or other prominent places at Little Ouse Mooring’s premises. The Owner shall provide and maintain at least one fire extinguisher of a governmentally approved or BSI standard type and size in or on the vessel fit for immediate use in case of fire.
32. Little Ouse Moorings reserves the right to introduce regulations which relate solely to the administration of the Little Ouse Moorings and which are not inconsistent with these conditions, and to amend such regulations from time to time. Such regulations and any amendments shall become effective on being displayed on Little Ouse Mooring’s public notice board or other prominent places at Little Ouse Mooring’s premises, and Little Ouse Moorings shall have the same rights against the Owner for a breach of the regulations as for a breach of these conditions.
33. No notice shall be displayed at any place at Little Ouse Moorings without the expressed permission of Little Ouse Moorings.