Moorings – Our Terms & Conditions
In these conditions:-
“The Company” means River Dart Moorings.
“The Owner” means the person named in the licence form and includes his authorised agents, licensees and any person in charge of the Vessel.
“The Laying up Area” means the area over which the grant shall be exercisable.
1. The mooring shall not be used by any vessel other than that designated on this form without the prior written permission of the Company.
2. The vessel’s name must be clearly displayed on some prominent part of the vessel.
3. The Company reserves the right to substitute another mooring or berth or laying up area for that allocated and to move the vessel if in its discretion it thinks it necessary or expedient to do so.
4. The mooring or right to the laying up area is not transferable to any other person without the Company’s prior consent in writing nor shall the Owner sublet or share the mooring or laying up area at any time without such consent.
5. Insurance. The Owner shall maintain all risk and third party Insurance in respect of the vessel including adequate cover against salvage claims and claims for loss or damage or personal injury arising from the condition of the vessel and the Owner shall indemnify the Company against any claims made against the Company in connection with the vessel howsoever arising. The Owner shall produce the Policy or Policies to the Company for inspection upon entry into this Agreement.
6. Fire precautions. The Owner shall take all necessary precautions against any outbreak of fire on the vessel and shall keep at least one fire extinguisher aboard in good working order.
7. Condition of Vessel. The Owner shall at all times keep the Vessel in seaworthy condition, and in the event of the vessel sinking or becoming unseaworthy the Company shall have the right to raise it and/or take all necessary steps to remove it to a suitable berth or site (including if necessary the engagement of a professional salvage firm or company to carry out the work) and the Owner shall be responsible for reimbursing and indemnifying the Company against any expenses so arising.
8. Nuisance. No noisy noxious or objectionable engine radio or other equipment or machinery shall be used on the Vessel whilst on the mooring so as to cause any annoyance or nuisance to the Company or any other users of the Company’s moorings or property. Halyards shall be secured so as not to cause any nuisance or annoyance.
9. (a) The Company 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 Company’s harbour or premises until such time as any money due to the Company 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.
(b) The Company and the Owner hereby agree that in the event of the Company’s said lien remaining unsatisfied for 14 days after notice thereof is sent to the Owner by recorded delivery post the Owner and the Company agree that the Company shall have power to sell all or any part of the goods over which the said lien is exercised. Such sale shall be by auction without reserve held on the Company’s premises. Notice of the Auction shall be advertised at least 14 days beforehand in a local newspaper. From the proceeds of such sale shall be deducted and paid the costs of and incidental to the sale and all other monies due to the Company. Any surplus shall belong to the Owner and any shortfall shall be a debt due from the Owner to the Company.
10. The line found secured between Buoys is there to show distance between mooring weights and should not be removed under any circumstances. Loss or damage to this line will be charged to the Owner.
11. Covers. If covers are used, only close fitting covers will be permitted. (Large or loose covers cause windage and place added strain on the vessel and the mooring).
12. Breach of Conditions. In the event of any breach of any of these conditions by the Owner the Company shall have the right to terminate this Licence in the following manner. If the breach is capable of remedy the Company shall notify the Owner specifying the breach complained of and requiring him to remedy such breach within 14 days. If the Owner fails to remedy the breach during that period or if the breach is incapable of remedy the Company may serve notice on the Owner terminating the Licence in 14 days and requiring the Owner to remove the vessel within 28 days.
13. Termination. On termination of this Licence however occurring the Owner shall be responsible for removing the vessel from the mooring and will be liable to the Company for damages for loss of rental and any expenses or charges arising in the event of failure to do so. No refund of any charges will be payable should the Owner find it necessary to vacate the mooring during the period of this Licence.
14. The Company and its employees disclaim responsibility for any loss or damage to the vessel or any of its contents or equipment howsoever caused during the period of this Agreement.
15. The Owner shall be responsible for payment of any harbour dues to the Dartmouth Harbour and Navigation Authority.
16. It is an express condition of this Agreement that:
(a) Nothing in the Agreement shall be deemed to create a letting by the Company to the Hirer within the meaning of any statutory provision currently in force and the Hirer hereby acknowledges that this Agreement constitutes a licence by the Company solely for the purpose of securing or laying up the Owner’s vessel and not otherwise.
(b) If in the Company’s opinion it is deemed necessary for the safety of the vessel or for the safety of other users of the moorings or for their vessels or for the safety of the Company’s moorings, premises, plant, or equipment, the Company shall have the right to moor, reberth, move, board, enter, or carry out any emergency work on the vessel and except to the extent that such moorings, 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 Owner.
18. Securing Requirements. Swinging Moorings shall be chain and rope to buoy. Trot Moorings shall be chain and rope to forward buoy, two ropes aft to buoy, breast lines and springs to other craft or mooring and shall use plenty of fenders. Pontoon Moorings shall be head and stern ropes, breast lines, springs and shall use plenty of fenders.
19. Payment of mooring licence or buoyage charges is taken as an acceptance of the conditions under which berthing facilities are granted
20. All personal data acquired by the Company from the Owner shall only be used for the purposes of this License and shall not be further processed or disclosed without your consent.