MANCETTER MARINA T&Cs
 

General Conditions

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1. DEFINITIONS

Where the following words appear in these Conditions, they shall have these meanings: -

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1.1 Company shall mean Mancetter Marina

1.2 Marina shall include Mooring or any facility for launching, navigating, or berthing a vessel provided by the Company.

1.3 Premises means all the land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, walkways, hardstanding, roadways and car parks, amenity building, waste disposal facilities, water, and electricity infrastructure.

1.4 Berth means the space on water or land from time to time allocated to the Owner relating to the Marina.

1.5 Owner means the owner of a Vessel or Vessels using the facilities of the Marina, and/or the party currently responsible for the operation of the Vessel in the case of a hire or charter vessel. Where the Owner is more than one person, all obligations of the Owner under these General Conditions shall be joint and several.

1.6 Vessel means the Vessel or Vessels, including but not limited to boats and vehicles belonging to the Owner using the facilities in the Marina.

1.7 Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.

1.8 Contract means any agreement entered between Mancetter Marina & the Owner relating to the Marina.

1.9 Contractor means any person appointed by the Owner to carry out maintenance work and/or repair works to the Owner’s Vessel.

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2. THE CONTRACT

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2.1 Berths at the Marina shall be licensed for the periods and at the rates of charge from time to time published by Mancetter Marina. Details of the charges applicable to the Berth at the beginning of the contract will be given to each licensee at the time that the contact is granted.

2.2 The Contract shall not be automatically renewed but will end at the conclusion of the period agreed. If not terminated sooner by Mancetter Marina or by the Owner under the provisions contained herein.

2.3 The contract is personal to the Owner and their Vessel. The Owner must not assign any of his rights or obligations under the Contract to any third party or to any vessel not named in the Contract signed by the owner.

 

3. LIABILITY, INDEMNITY & INSURANCE

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3.1 Mancetter Marina shall not be liable in contract, tort or otherwise, for any loss, theft or any damage of whatsoever nature suffered by any Vessel or vehicles or other property of the Owner, their crew, Contractors or visitors, except to the extent that such loss, theft or damage was caused by the negligence of Mancetter Marina.

3.2 Notwithstanding Clause 3.1 above. Mancetter Marina will not be liable for any indirect or consequential loss or damage.

3.3 The Owner shall maintain third party insurance in respect of themselves and their vessel, vehicles, crew, agents and visitors a sum of not less that £2,000,000 [two million pounds] and £2,000,000 in the case of each Contractor in respect of each accident or incident, including sufficient cover against full foundering, salvage and wreck removal claims. Such insurance shall be effected and maintained by a reputable insurance company authorised under the Financial Services Authority to carry on in Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Community. The owner shall produce the above policy or policies and evidence of payment of the premiums to Mancetter Marina on demand. The owner agrees not to anything that could lead to the above policy being evoked, violated or not renewed in the ordinary course.

3.4 Mancetter Marina shall not be under any duty to salvage or preserve an Owners Vessel or other property from the consequences of any event in which Mancetter Marina is not responsible. However, Mancetter Marina reserves the right to salvage or preserve an Owners Vessel or other property when it reasonable considers necessary. Where it does so it shall be entitled to charge the Owner on a normal commercial charging basis and where appropriate to claim salvage reward.

3.5 No warranty or representation is expressed or implied by Mancetter Marina of the suitability of the berth for the vessel or of any berth structure, gear or other facility provided under the terms of the contract.

3.6 In the event any person has an accident on the marina no matter how the accident may have occurred and whether or not the accident involved our property or injury to a person or damage to a vessel, property or equipment belonging to us or other person, the owner or other person

who shall for the time being have responsibility for the person, vessel or equipment that has caused or was involved in the accident is to report the accident to the Marina Office as soon as practicable and in any event no later than 24 hours after the accident took place.

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4. COMMERCIAL USE & SALE OF VESSEL

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4.1 Except with previous written consent of Mancetter Marina, the Owner shall not use any part of the Marina for any commercial purposes including, but without limitation, hire of the vessel, embarkation of charter parties, rented accommodation or advertising of any kind or to display any rented advertisements, signboard, posters, signs or notices on the Vessel or anywhere else within the Marina.

4.2 The Owner shall not place any advertising for a Vessel for private sale on or in the Vessel or anywhere else within the Marina.

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5. NOTIFICATION OF SALE

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5.1 Within seven days of any sale, transfer or mortgage of any Vessel, the Owner shall notify Mancetter Marina in writing of the name and address of the purchaser, transferee, or mortgagee, as the case may be.

5.2 The berth is not transferable to the new Owner without express permission from Mancetter Marina and the completion of a mooring contract.

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6. CONDITION OF THE VESSEL

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6.1 The Owner shall ensure that the Vessel remains fit for purpose for which it was produced at all times whilst it is at the Marina.

6.2 All Vessels must be kept clean and in reasonable condition at all time. Should a Vessel be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and similar covers are allowed as a temporary cover only, for a maximum period of 4 weeks.

6.3 All Vessels must be in possession of a valid Boat Safety Certificate and Canal & River Trust Craft Licence and the latter shall always be prominently displayed on the Vessel.

6.4 In addition to the requirements set out in Clause 6.1 the Owner shall ensure that the vessel remains in an aesthetically pleasing condition whilst it is at the Marina. Mancetter Marina shall be the sole judge of what is considered “aesthetically-pleasing” by having reference to the condition of the majority of the vessels moored at the Marina.

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7. WORK TO VESSEL

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7.1 All work to the vessel is to be carried out at the service area and booked in advance through the marina office. This is at a cost of £50 per day. The service area is to be kept clean and tidy with all rubbish removed from site.

7.2 Extensive external sanding, angle grinding, welding, internal refit, spray painting etc are considered major works and cannot be carried out within the Marian except with Mancetter Marina’s prior written consent. Maintenance may be carried out daily between 09.00 and 17.00

hours. When carrying out work, all Mancetter Marina’s facilities, bollards, pontoons, service points etc must be suitable protected, kept clean and tidy at all time, and appropriate health and safety measures adopted and followed. Mancetter Marina reserve the right to reclaim all costs incurred for remedial works required as a result of any damage the Owner has caused to the Marina.

7.3 Where prior written consent is required for work to be carried out at the Marina, such consent shall not be unreasonable withheld subject to the Owner demonstrating that all the work will be carried out in strict accordance with the Marinas health and safety and general management policies. Where work is not carried out in accordance with those policies, Mancetter Marina reserve the right to revoke any prior consent given for such works to be carried out.

7.4 Where a Contractor is employed, the Owner must ensure that acceptable risk assessments, method statements and a copy of the Contractors third party liability insurance policy in the sum of £2,000,000 accompanies the request for consent referred to in clause 7.2 above. For the avoidance of doubt, Mancetter Marina reserves the right to rescind its prior written permission for the work where it considers the risk assessments and/or method statements of the Contractor are insufficient. All works booked into service area in advance at a cost of £50 per day.

7.5 If the Owner is using a Contractor to carry out any work, the Owner must ensure that the Contractor register with the Office upon their arrival.

7.6 Mancetter Marina reserves the right to insist that any Contractor leaves the Marina if either the Owner or Contractor has failed to comply with this Clause 7.

7.7 Mancetter Marina also reserves its right to withdraw its consent if any work is carried out in contravention of supplied documentation referred to herein, the Marinas health and safety policies and general management policies and/or in contravention with relevant health and

safety legislation or approved codes of practice.

7.8 In carrying out any work the Owner shall use their best endeavours to ensure the Contractor causes as little disturbance and inconvenience to Mancetter Marina and/or to any other users of the Marina and/or to any person residing in the vicinity of the Marina. If Mancetter Marina receives any complaints regarding the work from any person using the Marina and/or from any person residing in the vicinity of the Marina, Mancetter Marina reserves the right to either request a review of the method statement of the Contractor so as to minimise any further disturbance or inconvenience or to withdraw its consent for the work.

7.9 In the event that Mancetter Marina withdraws its consent for the work for any reason set out in the clause 7, the Owner shall immediately, (save to the extent that the consent may further be extended in accordance with clause 7.7), instruct the Contractor to leave the Marina forthwith and the Owner shall immediately commence restoring the area in which the work was being carried out, into the condition it was in prior to the commencement of the work, including undertaking any remedial work that Mancetter Marina decide is require, and shall complete same within a reasonable time for commencement of the work.

7.10 Prior to substituting or modifying a Vessel, the Owner must obtain written permission from Mancetter Marina and pay fees upfront. This permission will not unreasonable be withheld.

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8. FEES

8.1 Mooring fees are calculated on the Length Overall (LOA) of the Vessel as measured, including bowsprit stem fittings, bathing platforms, out drives or transom hung ladders and stern mounted dinghies.

8.2 All mooring fees are payable in advance. All fees are inclusive of VAT at the prevailing rate unless stated otherwise. Fees will be adjusted to reflect any VAT changes. Mooring fees are subject to review and notice of any changes to the fees will be deemed to have been sufficiently given by Mancetter Marina by the display of the amended fees schedule in the Office.

8.3 All Contracts shall commence on the date of arrival in the Marina, or earlier if so, agreed between Mancetter Marina and the Owner.

8.4 Mooring fees may be paid annually or monthly, provided always that such payment manner is approved by Mancetter Marina. For monthly payment, a surcharge of 10% of the total fee is payable.

8.5 Electrical supply is available at an extra charge of £20, subject to a maximum load of 16amps. It is provided subject to the following terms:

8.5.1 A metered electricity supply is available to each berth subject to a charge for units used. Payment must be made in full by the owner on receipt of an invoice. Meters will be read on commencement of the term, and monthly thereafter

8.5.2 An invoice will be raised monthly for the number of units used by the owner at the applicable rate set out in the Mooring and Ancillary Charging Tariff, which are subject to revision from time to time.

8.5.3 Electricity shall be provided to the vessel by way of a cable provided by the owner. The owner shall ensure that the cable has standard safety connections and the owner will provide a suitable connection point on the vessel.

8.5.4 In the event that a owner leaves the berth of a period of one week or more but has not terminated the berthing contract and intends to return to the berth, the owner may request that the meter is read on their departure and upon their return. In such event we have the right to use the meter during the period that any vessel is away from the berth

8.5.5 Electricity cables shall be placed in such a way as to not cause nuisance or danger to persons using berths and will be tidily fastened

8.5.6 All vessels must be equipped with an appropriate circuit breaker and we reserve the right to inspect vessels accompanied by the owner

8.5.7 Should the owner not pay the electricity charges due to us within 28 days of issue of an invoice, we reserve the right to serve a disconnection notice. If payment is still outstanding 7 days after issue of the disconnection notice Mancetter Marina will be entitled to disconnect the supply of electricity to the vessel without further notice.

8.6 A refundable deposit will be required for any security key or card issued, out of which Mancetter Marina reserves the right to deduct any amounts due to us. The key must not be transferred or loaned to any other person, and security access codes must not be disclosed

8.7 Full details of Mancetter Marina charges in respect of this Clause 8 may be found at the Office and are incorporated into these General Conditions by reference. Mancetter Marina reserves the right to alter these charges from time to time.

8.8 All payments may be made by credit or debit card (excluding American Express), cash, bank transfer, or standing order, at the absolute discretion of Mancetter Marina.

8.9 Mancetter Marina reserves the right to exercise a general lien upon any Vessel and/or other property belonging to the Owner whilst in or at the Marina until such time as any money due to Mancetter Marina in respect of the Vessel and/or other property, whether on account of rental,

storage, commission, access or berthing charges, damages, work done, administration charges, legal costs or otherwise shall be paid by the Owner. In the event that the aforementioned lien remains unsatisfied for the specific period of time notified in writing to the Owner by Mancetter Marina, the Vessel will be sold on brokerage and the proceeds of the sale used to satisfy the monies owed by the Owner to Mancetter Marina, the remaining balance will be remitted to the Owner.

8.10 Payments made under these General Conditions shall be made without deduction or set-off. The Owner shall punctually pay to Mancetter Marina all sums owing to Mancetter Marina under the General Conditions. An administration charge in the sum of £30 plus VAT (where applicable) per letter shall be levied against the Owner in the event that it becomes necessary for Mancetter Marina or Mancetter Marina appointed legal advisors to write to the Owner to seek payment of any overdue payment or to advice of Mancetter Marina intention to commence legal proceedings against the Owner. For the avoidance of doubt, the Owner accepts that any administration charge levied against him by Mancetter Marina in the circumstances set out in this clause represents a genuine pre-estimation of loss on the part of Mancetter Marina. In addition to the administration change the Owner will be liable for the payment of interest at the rate of the current Royal Bank of England Base Rate plus 8% on any sum owing to Mancetter Marina or Mancetter Marina ‘s appointed legal advisors are obligated to write to the Owner seeking payment of a debt until the payment of the debt by the Owner. The Owner shall also be liable to pay any feed, including legal fees, incurred by Mancetter Marina in relation to payments due under the Contact which have not been paid by the due date specified in the Contract.

8.11 Mancetter Marina will only make refunds of payments made under these General Conditions in the circumstances specifically provided for under these General Conditions.

8.12 Mancetter Marina must be in receipt of full settlement of payments due under any prior Contract before a new Contract will be issued.

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9. TERMINATION

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9.1 All contracts will terminate on 12th October of each year

9.2 Either the Owner or Mancetter Marina may terminate the contract by giving the other party not less than 14 days prior notice in writing. “Mancetter Marina may serve notice to terminate the contract immediately if any facilities provided by the Canal & River Trust needed for the operation of the Marina are materially varied or withdrawn”

9.3 Without prejudice to any other rights Mancetter Marina may have in respect of any breaches of the General Conditions by the Owner, Mancetter Marina may terminate the contract with immediate effect in the following circumstances:

9.3.1 If the owner commits a breach of any term of the General Conditions which is capable of remedy but which is not remedied within the time stipulated by Mancetter Marina (such time stipulated by Mancetter Marina in its absolute discretion) in a written notice to the Owner specifying the breach and requiring its remedy, or

9.3.2 If the Owner commits a breach of any term of the General Conditions which is not capable of remedy.

9.4 Upon termination by Mancetter Marina pursuant to Clause 9.3 above, Mancetter Marina shall not refund to the Owner the unexpired portion of the mooring fees subject to a right of set-off in respect of any monies owed by the Owner to Mancetter Marina.

9.5 Upon expiry of the notice period given by as referred to in Clause 9.2 or upon Mancetter Marina terminating this agreement pursuant to Clause 9.2, the Owner shall be required to take delivery of his Vessel and remove it from the Marina within 7 days. If the Owner fails to take deliver and remove his Vessel within this period, Mancetter Marina shall be entitled:

9.5.1 to charge the Owner the amount which would have been payable by the Owner to Mancetter Marina if the agreement had not been terminated for the period between termination of the agreement and removal of the Vessel from the Marina, and/or

9.5.2 to remove the Vessel from the Marina and secure it elsewhere and charge the owner with all costs arising out of such removal, including alternative berthing fees, and/or

9.5.3 to sell the Vessel by auction and deduct from the sale proceeds:

9.5.3.1 all costs arising of such sale, including but not limited to removal of costs, alterative berthing fees, auction fees, administration fees and legal costs, and

9.5.3.2 arrears of mooring fees accrued interest any charges made pursuant to clause 9.5.1 provided that Mancetter Marina will accounts to the Owner thereafter in respect of any net sale proceeds.

9.6 Should the Owner choose not to maintain the berth for the contracted period stated within the Contract, the amount of refund paid will be at the discretion of Mancetter Marina.

9.7 Any termination of the Contract pursuant to this Clause 9 is without prejudice to the rights of Mancetter Marina in connection with any antecedent breach of or other obligation of the Owner subsisting under the Contract.

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10. REFUND POLICY

10.1 Refunds will not be issued for unexpired electricity credit left in service bollards at any time

10.2 Mooring fees are payable strictly in advance. Payment shall be made in full by the Owner on

receipt of an invoice from the Company. A bond of £250 is payable on reserving a berth. This

bond will be deducted from your annual payment. This will not be refunded until the end of the

contract. Any berth booking not fulfilled within 6 months is deemed null and void, the berth will

be reallocated, and deposits paid will be returned on request.

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11. RIGHTS OF MANCETTER MARINA TO RE BIRTH AND MOVE OF VESSEL

11.1 Mancetter Marina reserves the right to moor, re-berth, move, board, enter or carry our

emergency work on any Vessel if, in our opinion, it is necessary to do so for the purposes of

attempting to:

11.1.1 avoid damage to the Vessel or to any other vessel in the Marina or to the water space; and/or

11.1.2 ensure the safety of other used of the Marina, and/or

11.1.3 ensure the safety of our staff, premises, plant, or equipment.

11.2 Mancetter Marina also reserves the right to moor, re-berth or move the Vessel if, in our opinion,

it is necessary to do so in order to launch or put afloat any other vessel.

11.3 Mancetter Marina 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 our opinion it is necessary for the

good management, safety or security of the Marina, or for any other reason. Should we so

require, the Owner shall move his vessel to another berth as directed by us within 7 calendar

days. Should the Owner fail to do so, we reserve the right to relocate the vessel and recharge

the Owner the cost of doing so. We will not be liable for any damage to the Vessel arriving as a

result of the mooring, re-berthing, moving or towing where such damage is caused by any

negligence or default on the part of Mancetter Marina.

11.4 Operate the Marina in any manner efficiently as required by Mancetter Marina.

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12. MOORING, RE-BERTHING, MOVING OR TOWING AT THE OWNERS REQUEST AT THE

OWNERS REQUEST

12.1 Subject to payment by the Owner of Mancetter Marina’s reasonable charges, Mancetter Marina

may moor, re-berth, move or tow any vessel at the request of the Owner. We will not be liable

for any damage to the Vessel arising as a result of the mooring, re-berthing, moving or towing.

12.2 Where Mancetter Marina complies with the Owners request pursuant to Clause 11.1 above, the

Owner agrees to indemnify Mancetter Marina in full from and against any loss, damage or

liability (including all legal fees and costs) incurred by us as a result of complying with such

request.

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13. RIGHT OF SALE

13.1 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 Mancetter Marina as bailee a right of sale exercisable in certain circumstances.

13.2 In circumstances where the Act does not apply or where Mancetter Marina cannot be regarded

as a bailee of the Bessel, section 12 and Schedule 1 of the act are expressively incorporated

into these General Conditions except that where the term ‘bailee’ appears in the relevant

provision of the Act is it to eb replace with ML and where the term ‘bailor’ appears it is to be

replaced with ‘Owner’ and there the term ‘bailment’ appears it is to be replaced with General

Conditions.

13.3 Mancetter Marina will not exercise the right of sale described in this Clause 12 until it has given

notice to the Owner or has taken reasonable steps to trance him in accordance with the Act.

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14. BERTHS

14.1 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 we

shall direct at any time.

14.2 Once we have allocated a berth to the Owner, the Owner shall not utilise a different berth

unless such a change of location is approved by us in writing prior to the Owner taking such

action or necessitated by emergency circumstances.

14.3 Mancetter Marina reserves the right to replace warps and re-secure a Vessel in the interests of

safety at the Owners expense.

14.4 Where possible and practical, the owner shall notify the manager prior to his departure from the

marina together with the anticipated times and date of return to assist the manager in the

running of the marina.

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15. SAFE NAVIGATION OF VESSELS IN THE MARINA

15.1 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 cause inconvenience

to other vessels. Vessels at all times are subject to the speed restriction and byelaws of The

Canal and River Trust.

15.2 When entering or leaving or manoeuvring in the Marina, the Owner must ensure that the Vessel

is not navigated by anyone who is under the influence of alcohol or drugs or otherwise

intoxicated so as to affect the capability of the individual to safely navigate.

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16. PROHIBITION OF NUICANCES

16.1 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 us or to any other users of the Marina or

to any person residing in the vicinity.

16.2 Engines, generators or other apparatus or machinery must not be operated between the hours

of 18:00 and 9.00 unless it is for the purposes of navigation.

16.3 No antisocial behaviour or abuse, verbal or physical, shall be tolerated toward customers,

fellow moorers or staff at the Marina. Immediate termination of the Contract will occur, and

criminal prosecution may be taken.

16.4 The owner shall use their best endeavours to ensure that themselves, their crew, contractor

and visitors so not cause a nuisance as described in clauses 16.1, 16.2 and 16.3

16.5 The Owner shall not do or permit to be done anything which cause a nuisance or annoyance to

Mancetter Marina or any user of the Marina.

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17. DISPOSAL OF REFUSE

17.1 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 us or by removal from the Marina by

the Owner. Nondomestic waste, including but not limited to batteries, refrigerators, television or

computer screens, soft furnishings, cookers and the like must be removed from the Marina by

the Owner.

17.2 The use of sea toilets within the Marina or similar disposal of toilet waste into the Marina is

prohibited. Failure to observe this rule will result in immediate termination of the Contract.

17.3 Toilet waste must be disposed of at the Elsan Disposal point or at the pump out station.

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18. SPILLAGES

The owner should immediately inform Mancetter Marina of any spillages 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.

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19. STOWAGE AND USE OF DINGHIES

Dinghies, tenders and motorised craft such as jet skis shall not be used in the marina without the prior

permission of Mancetter Marina’s.

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19. STORAGE OF GEAR

19.1 No fittings, equipment, supplies, stores, or any other property belonging to the Owner shall be

stored or left at the marina other than directed by Mancetter Marina.

19.2 Except whilst transporting items to or from the vessel, the owner must not leave or store items

on the pontoons, walkways, car parks or anywhere on the marina. No ropes, cables, hoses,

wires etc must be trailed across paths or pontoons

19.3 The vessel, dinghies, tenders, trailers and cradles shall be clearly marked with the name of the

vessel. Any other equipment which is not stored securely in the vessel shall also be clearly

marked with the name of the vessel.

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20. VEHICLE PARKING

20.1 Your contract where applicable allows the owner to park one vehicle. This does not extend to

a commercial vehicle or to vehicles over 2 tonnes gross weight or to vans over a maximum

length of 5 metres. Owners are required to park vehicles in such a manner and in a position as

required by the Mancetter Marina. Untaxed, uninsured or SORN vehicles are not permitted to

be parked at the marina. No trailers are allowed.

20.2 We reserve the right to recover from the owner reasonable costs that have incurred in moving,

storing, or disposing of any vehicle that contravenes

20.3 Parking of additional vehicles are subject to prior approval by us and cost.

20.4 Owners must observe the speed limit

20.5 No tent, caravan or other vehicle be adapted or designed for sleeping may remain in any part of

the marina without prior written consent.

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21. SECURITY

21.1 The owner, their crew, contractors and visitors are required to ensure that all security barriers

and gates are closed and locked after use. It is not permitted to leave gates open at any time

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22. HEALTH & SAFETY & FIRE PRECAUTIONS

22.1 The owner shall abide by all relevant health and safety regulations, codes of practice

and any other health and safety guidance issued by Mancetter Marina whilst using the marina.

22.2 The owner shall take all necessary precautions against the outbreak of fire in or upon their

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 the

minimum number of fire extinguishers of a EU approved or BSI standard type and size as

required by boat safety regulations in or on the vessel and readily available for immediate use

in case of a fire.

22.3 The owner shall not refuel the vessel in the water, except when moored at the company’s service

area. No naked flames or mobile electronic devices are allowed in close proximity to the

service area. High usage owners are permitted to refuel in the water using diesel only.

22.4 The lighting of open fires or use of fireworks is strictly prohibited. Barbecues or portable gas

cookers may be used when placed on a suitable stand and only in designated area. All

barbecues and cookers must not be left unattended or used on any pontoons. All barbecues

and cookers should be used only with approved briquettes or gas fittings connectors and they

must be properly extinguished, or the gas supply terminated. The area around the equipment

must be left clean and tidy condition and all waste removed and put in designated location.

22.5 No person shall anchor or make fast any Vessel in a manner which is uncapable or being easily

removed in case of an emergency

22.6 Persons under the age of 16 years are invited to the marina by the Owner are the sole

responsibility of the Owner and must remain under the Owners supervision at all times. They

must not be allowed to cause a nuisance to any other user of the marina

22.7 Persons under the age of 12 must wear adequate life jackets and be attended by a responsible

adult at all times when at the marina.

22.8 Any person at the marina unable to swim must wear adequate life jackets at all times whilst in

the marina

22.9 Running/Cycling on the pontoons is not permitted

22.10 No water ski-ing, speedboat racing or hydroplaning is permitted at the marina

22.11 The use of jet skis or other powered personal watercraft is strictly prohibited.

22.12 The precincts of the marina are clearly shown on the plan which may be examined at the

marina office and all adjoining land and water owner by Mancetter Marina is out of bounds

22.13 The owner is not permitted to alter the berth or facilities in anyway

22.14 The owner may deposit a set of keys with the manager giving full access to the interior and

lockers of the vessel and including the engine keys

22.15 Unless otherwise agreed in writing by Mancetter Marina, all necessary warps and fenders shall

be provided by the owner, we reserve the right to replace warps and re-secure any vessel in

the interests of safety at the Owners expenses without prior notification

22.16 The Owner expressly undertakes and agrees to ensure the vessel is properly and safely

attached to the pontoon at all times, in particular it is the responsibility of the Owner to check

the security of the warps and fenders and replace them where necessary. Spare lines should

be left accessible for use during times of inclement weather.

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23. DIVING, BATHING OR FISHING

23.1 Diving and bathing in the waters of the Marina s not permitted. Fishing is not permitted at any

time.

23.2 Children under the age of 12 must be accompanied by a responsible adult at all time whist

at the Marina

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24. WASHING

Laundry may not be hung anywhere in the Marina. Any laundry hung on the Owners Vessel

must not be visible to other users of the Marina

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25. TELEVISION, AERIALS, SATELLITE DICHES & WIND GENERATORS

Every effort must be made by the Owner to ensure that television aerials, satellite dishes and

wind generators are erected in a manner that makes them as inconspicuous as their design

allows for, which the Vessel is in the Marina. All aerials etc must be below 18”. No storing of

logs and bikes.

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26. ADDITIONAL REGULATIONS AND RULES

26.1 Mancetter Marina reserves the right to amend these General Conditions and/or to

introduce other site-specific rules and regulations which we deem necessary for the efficient and

effective running of the Marina. Such amendments and rules and regulations shall become effective

on being displayed on the office noticeboard.

26.2 The owners shall at all times abide by and shall use their best endeavours to ensure that their

crew, contractor and visitors abide any applicable Canal and River Trust, Environment Agency and

any other local authority bye-laws or any other requirements.

26.3 The Owner further undertakes to abide by any reasonable instructions issued by Mancetter

Marina.

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27. OCCUPATION OF VESSELS

Except in the case of a Vessel specifically authorised by Mancetter Marina as a residential

Vessel, the owner understands that the vessel whist based at the Marina will not be occupied

as a principle private residence.

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28. TEMPORARY FAILURE OF SERVICES & FACILITIES

Without prejudice to the generality of Clause 33.4, Mancetter Marina 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 our contract but agrees to use its reasonable endeavours to ensure that the

effected services and/or facilities are repaired as soon as reasonably possible.

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29. ANIMALS

The Owner may not keep any animals on board the Vessel whilst it is in the Marina, other than

domesticated dogs that have been notified to us as being present on board and approved as

suitable to be in the Marina by us. Dogs approved by us as suitable for the marina must at all

times remain on a lead and under the control of the Owner at all times whist they are at the

Marina and must not cause a nuisance to any other users to the Marina. No fouling of jetties,

car parks and other areas shall be permitted and must be removed immediately. We reserve

the right to require the Owner to remove any offending animals for the Marina forthwith if this

clause is breached by the owner.

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30. GDPR

By accepting these conditions the owner gives consent under the Data Protection Act 1998 that

Mancetter Marina may obtain and store details of the Owners name and principle private

residence address and be permitted to provide this information.

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31. GENERAL

33.1 In these general conditions, unless the context otherwise requires, words importing any gender

include every gender and words importing the singular include the plural and vice versa.

33.2 The headings in these general conditions are for convenience only and shall not affect its

interpretation

33.3 Unless otherwise agreed in writing, Mancetter Marina‘s failure to exercise to delay in exercising

any right or remedy provided by these general conditions does not constitute a waiver of that

right or remedy or waiver of any other rights or remedies under these general conditions.

33.4 Mancetter Marina 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.

33.5 If any part of these general conditions is held by a court of competent jurisdiction to be invalid or

unenforceable, the validity and enforceability of the remainder of the general conditions shall

not be affected.

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