Conditions of Mooring
DEFINITIONS
1. For the purpose of these Conditions of Mooring the following definitions shall apply
1.1. "the Company" shall mean St. Katharine’s Investments LP, St Katharine's Marina Limited. or where the context so admits any officer of such Company or Companies.
1.2. "the Master" shall include owners (whether registered or not), agents, charterers, licensees or any person having ostensible responsibility for any vessel and any crew family or invitees of the Master.
1.3. "the Marina" shall comprise the Central Basin, the East and West Docks, and St. Katharine Pier London E.1, the lock and lock gates, the quayside, jetties, the pontoons and all and any ancillary services thereto.
1.4. "Mooring Charges" shall mean the charges payable in respect of berthing a vessel at the rates currently applicable from time to time and are payable in respect of the period booked and shall not be refundable except as permitted by Clause 2 hereof.
1.5. "The Manager" shall mean the officer of the Company responsible for administration to the Marina.
1.6. "The Period Booked" shall mean the Six-monthly Berth or the Monthly Berth or the Weekly Berth or the Daily Berth as is referred to in the schedule of Mooring Charges as the case may be.
1.7. "Event" shall mean the gathering of two or more people at the invitation of the Master on board the vessel or in the Marina for the purpose of entertainment, public relations, business promotions and similar gatherings
THE MASTER HEREBY AGREES WITH THE COMPANY AS FOLLOWS
TERMINATION OF MOORING AGREEMENT
2. Termination of the hiring of berths may be effected by the Company at any time for whatsoever reason by fourteen days notice in writing to the Master and in the event that such notice shall expire on a day prior to the end of the Period Booked that Master shall be entitled upon vacating the mooring to reimbursement of Mooring Charges pro rata for the unexpired part of the Period Booked at the rate actually paid by the Master.
3. Termination of the hiring of berths may be effected by the Company forthwith in the event of any breach of these Rules and Regulations and upon being called upon to do so the Master shall forthwith vacate the mooring and remove the vessel from the Marina.
4. In the event of any termination of the hiring of a berth as contemplated hereby, or in the event that the Period Booked has expired and the Master has not entered into an agreement with the Company for a further period, failure of the Master to remove the vessel from the Marina within seven days of such termination or expiry as aforesaid shall empower the Manager to remove the vessel from the berth and relocate it in such a position as the Manager sees fit and notwithstanding such termination or expiry as aforesaid the Master shall pay damages equivalent to the fee which equates to the Mooring Charges then payable until such time as the vessel is removed from the Marina and this provision shall be without prejudice to any other rights that the Company may have in connection therewith. The Company may at its complete discretion charge at the Daily Rate or such other lower amount as it sees fit.
CONDUCT WITHIN THE MARINA
5. Masters shall at all times observe and comply in all respects with the provisions and requirements of these Conditions of Mooring and also with all legislation regulations orders instruments and bye-laws whether now in existence or hereafter to be made whether concerning the use of the Marina or the state or condition of any vessel or equipment carried thereon or in respect of the conduct of any vessel.
6. Without prejudice to the generality of clause 5 hereof the Marina must not be polluted by the spillage of waste effluent detergent fuel or other substances (whether deliberate or otherwise) and the Company shall be empowered to take such actions as it sees fit to prevent such pollution.
7. No items of boats gear fittings or equipment supplies stores or the like shall be left upon the pontoons jetties or quays.
8. Trip Hazards – It is imperative that all pontoons remain clear of anything that could cause a trip hazard. Nothing should be placed on the pontoons other than access steps. Any obstruction or trip hazard found on the pontoons or quayside should be reported to the Company/ Manager at the Marina Office.
9. Electricity and water are provided at positions on pontoons for use by vessels. Electricity supply at these positions is rated at 16 amps/32amps and no master, crew etc. will allow this supply to become overloaded. In the event of an interruption of power supply of whatever nature, this must be immediately notified to the Company/Manager at the Marina Office. Out of Hours contact the Company's Security Control on 020 7264 5294/96. All hoses, power leads, cabling must be laid within the conduit troughs which run across the pontoon. The onus of safe routing of leads and hoses remain with the Master.
10. No refuse shall be thrown overboard or left on the pontoon jetties or quays or disposed of in any way other than in any receptacles provided by the Company or by removal from the Marina.
11. No noisy noxious or objectionable engines radio or other apparatus or machinery shall be operated within the Marina so as to cause any nuisance or annoyance to the Company to any other users of the Marina or the adjoining premises or to any person residing in the vicinity and the Master undertakes for himself his guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid. Halyards shall be secured so as not to cause nuisance or annoyance.
12. The Master will ensure that children and non-swimming adults wear life jackets when on the pontoons within the confines of the Marina.
13. The Master will apply due care and attention when on the pontoons and will not run. When walking down the access ramps, the Master will use the handrails provided for your safety.
14. Masters of vessels arriving from outside UK waters will comply with the relevant statutes regulations statutory instruments with regard to the control of pets and animals entering the United Kingdom.
15. Fishing is not permitted.
16. Swimming and Diving is not permitted.
17. Lifejackets must be worn at all times whilst on the water i.e. onboard dinghy, tenders, raft, rowing boat etc. within the confines of the Marina.
INSURANCE AND LIABILITY FOR LOSS AND DAMAGE
18. The Master shall insure his vessel adequately against loss or damage howsoever caused and shall maintain third party insurance in respect of himself his vessel, his crew for the time being, his agents, visitors and guests in a sum of not less than £2,000,000 in respect of each accident or damage and in respect of the vessel adequate salvage insurance. Such insurance shall be effected and maintained in an insurance office of repute (such reputation being at the sole discretion of the Company) and the Master shall produce the policy or policies relating thereto to the Company on demand.
19. The Master shall indemnify the Company against all loss, damage, costs, claims or proceedings incurred by or instituted against the Company or its servants or agents which may be caused by the Master's vessel or by the Master, his crew for the time being, his agents, visitors and guests except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of the Company or those for whom it is responsible.
20. Masters shall forthwith on demand make good to the satisfaction of the Company any damage or injury to the Marina or anything therein which may be caused as a result of any act default or omission of the Master or will at the option of the Company repay on demand to the Company or as the Company may direct the costs and expenses incurred in making good the same which making good the Company is hereby authorised to do at the expense of the Master and without prejudice to the generality hereof the Company may deduct from any deposit or any advance payment of Mooring Charges all or part of any such costs and expenses as aforesaid.
21. The Company shall not be liable, whether in contract or otherwise, for any loss, theft or any other damage of whatsoever nature caused to any vessel or other property of the Master or others claiming through the Master except to the extent that such loss, theft or damage may be caused by the negligence or wilful act of the Company or those for whom the Company is responsible.
22. The Master must provide at the date hereof a current Certificate of Insurance which will be held on file throughout the duration of the stay. It is the responsibility of the Master to ensure that during this period the insurance is valid.
MOORING ARRANGEMENTS
23. The Master shall not lend or transfer any berth (this agreement being personal to the Master of a particular vessel and is strictly non-assignable) nor shall he use a berth for any other vessel and nothing herein shall entitle a Master to the exclusive use of a particular berth.
24. That all or any vessel in the Marina may be moved by the Company to any other part of the Marina and vessels shall be berthed or moored by the Master in such a manner and position as the Company may require and unless otherwise agreed the necessary warps and fenders and means of access to the pontoons shall be provided by the Master and if in the opinion of the Manager and/or the Company it shall be deemed necessary for the orderly management of the Marina generally, a vessel may be berthed alongside another vessel.
25. The Company may dispose of any berths, services or adjoining property on any terms which it thinks fit and the Company do not warrant the availability of any services (such as the supply of water and electricity) nor shall the Company be responsible for any failure of such services.
26. The Master will stow aboard all dinghies tenders and rafts the vessel unless a berth is separately provided by the Company.
RESTRICTIONS ON USE OF VESSELS
27. Vessels must not be used for residential purposes.
28. Vessels berthed within the Marina will be liable to a commercial surcharge if the vessel is used for hiring, chartering, filming, sale or demonstration of vessels. Prior written consent of the Company will be required for all such activities and no such activity will take place until the commercial surcharged is agreed and paid to the Company.
29. No advertising is permitted.
30. No sale and / or disposal of any vessels whether privately or through a broker shall take place within the Marina without the consent of the Company in writing. The Company shall be entitled to payment of a yard fee in the amount of 1% of the total sale/disposal price or at such other rate as the Company may specify from time to time. The Master shall notify the Company of any sale/disposal of a vessel.
EVENTS
31. The Master will obtain from the Company/Manager at least 7 days prior written consent before an Event can be held. The Company/Manager will not consider the Master's request for consent to hold an Event until the Master produces insurance documentation that third party insurance in respect of himself his vessel, his crew for the time being, his agents, visitors and guests in a sum of not less than £5,000,000.00 in respect of each accident or damage and in respect of the vessel adequate salvage insurance has been obtained. Such insurance shall be effected and maintained in an insurance office of repute (such reputation being at the sole discretion of the Company) and the Master shall produce the policy or policies relating thereto to the Company on demand.
32. It is the sole responsibility of the Master to ensure guests are informed prior to the visit that suitable footwear is recommended in the environs of the marina.
33. Should the Event involve the serving of alcoholic beverage, it is the responsibility of the Master, Host to provide stewards to assist guests embarking and disembarking the vessel.
MAINTENANCE OF VESSELS
34. No repairs or maintenance to the Master's vessel may be carried out without the written permission of the Manager or the Company which may be withheld at his sole discretion.
35. If maintenance or repair work to the vessel involves use of the pontoons or the surrounding quayside the Master must submit a method statement and risk assessment to the Company or Manager at the Marina Office for approval prior to the work being carried out.
36. If a Master requires a diver or divers to carry out works of repair or maintenance to the hull of a vessel this must be carried out by competent persons in compliance with the ‘Diving at Work Regulations 1997’ and any subsequent amendments and such persons must submit a method statement and risk assessment to the Company or Manager at the Marina Office for approval prior to work being carried out.
37. Masters shall keep vessels seaworthy and shall procure that vessels are at all times kept clean and in good repair and in a seaworthy condition. The Company and or the Manager reserves the right to refuse access to a vessel which is considered to be in an unseaworthy condition and vessels which become unseaworthy within the Marina must be removed by the Master forthwith.
38. If in the Company's opinion such be necessary for the safety of a vessel or for the safety of other users of the Marina or adjoining premises or for their vessels or for the safety of the Marina or any of the Company's plant or equipment therein, the Company shall have the right to moor, reberth, move, board, enter (by breaking in if necessary) or carry out any emergency work on a vessel and except to the extent that such mooring reberthing movement boarding entering or emergency work arises from the negligence of the Company or those for whom the Company is responsible, the Company's reasonable charges therefore shall be paid by the Master.
39. Masters shall take all necessary precautions against the outbreak of fire in or upon vessels and Masters shall observe all statutory and local regulations relating to fire prevention (if any) which shall be exhibited at the offices of the Company. Masters 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. Masters shall not refuel vessels in the Marina nor shall any fuel or combustible materials be stored on board without the consent of the Company.
NOTICES
40. Masters have a general obligation to notify the Company immediately in writing of any change of address.
41. Any notice demand or other correspondence which the Company wishes or is requested to give the Master may be given or sent by prepaid post or by hand addressed to the Master at his last known address and or to the vessel and any such notice demand or correspondence sent or given as aforesaid shall (whether or not in fact received) be deemed to have been received by the Master at the time of delivery if taken or given by hand or 48 hours after despatch if posted.
42. The Company may at any time make extensions modifications or amendments to the Conditions of Mooring notice of which shall be displayed by the Company on a notice board at the Lock Control Office in the Marina and it shall be the responsibility of Masters to inspect such notice board but this shall not preclude the Company from serving specific notices on Masters in the manner hereinafter referred to if the Manager in his absolute discretion sees fit. The Master will be deemed to have received notice of the extensions modifications or amendments to the Conditions of Mooring as soon as they are displayed at the Lock Control Office.
LOCKING AND NAVIGATION IN MARINA
43. Masters shall have the right to use the lock in the Marina subject only to such reasonable restrictions as to hours of use as are specified from time to time by the Company for closure for necessary repair or maintenance Provided that the Company shall be under no liability of whatsoever nature to the Master for any failure or malfunction of the lock whether or not such failure or malfunction causes the Master delay in entering or vacating the Marina.
44. No vessel when entering or leaving or manoeuvring in the Marina shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina.
PAYMENT OF CHARGES
45.The Master shall pay to the Company on demand or at such other times as may have been agreed between the Master and the Company all charges made from time to time for any goods or services and in particular Mooring Charges shall be paid prior to the commencement of the period booked. In the event of the non-payment by the Master on the due date the Company reserves the right to charge interest on outstanding monies at 5% above the HSBC minimum lending rate or 15% whichever is higher.
46. The Company has the right to exercise a general lien upon any vessel and/or other property of the Master whilst in the Marina until such time as any money due to the Company in respect of the vessel and/or other such property, whether on account of mooring charges, commission, access, work done, services or otherwise shall be paid and the Company may refuse to allow a vessel to leave the Marina until settlement.
47. All sums of whatsoever nature which are or are deemed to be payable by the Master to the Company and which are now or at any time hereafter become subject to Value Added Tax or any other tax or assessment whether novel or not shall be deemed to be exclusive of Value Added Tax or such other tax or assessment and the Master in addition to such sums will pay any Value Added Tax or other tax assessment payable or chargeable thereon.
48. Payment for all berthing fees is due in advance and may be made by cheque (cheques must have time to clear the banking process before the vessel departs the Marina), credit card (no AMEX) or debit card.
THE COMPANY AND ITS SERVANTS
49. The Company is not responsible for any disturbance, noise, dust and any other inconvenience suffered by the Master on account of building or any other work carried out in, on, or around the Marina or any premises adjoining to nearby the Marina, by the Company its agents or third parties.
50. No Officer, servant, or employee of the Company and or Manager is authorised to have custody of any keys of any vessel for the time being in the Marina or to receive any parcels, letters, goods or chattels either for delivery to the Master or any other person or from the Master or any other person for collection by or delivery to others except at the sole risk of the person concerned and the Master will indemnify the Company and its Manager and their officers servants and employees against any claims in respect of any of the matters referred to in this Condition by the Master.
51. These Conditions of Mooring represent the entire agreement between the Company and the Master and the Master admits that no representation whether oral or written has been made to him which has induced or persuaded him to moor a vessel at the Marina.
52. The decision of the Company and or Manager shall be accepted as conclusive.
PETS
53. The importation of pet animals on board privately owned pleasure craft is specifically excluded within the provisions of the UK Pet Travel Scheme. Should you wish to verify this requirement please refer to the DEFRA - The Department of the Environment, Food and Rural Affairs.
Signed by the The Manager for the Company
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