TERMS AND CONDITIONS OF BERTHING, MOORING AND STORAGE ASHORE AT WINDERMERE MARINA VILLAGE (‘CONDITIONS’)
OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we will supply the services which are set out in your Application Form and which are set out below to you. These services include the mooring, berthing, supply of electricity to and onshore storage of your vessel together with other services which we provide from time to time at the Marina for the period set out in your Application Form and your access to the Marina all in accordance with these Terms and the Guidelines.
1.2 Why you should read them. Please read these terms carefully before you submit your Application Form to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US, HOW TO CONTACT US AND THIS CONTRACT
2.1 Who we are. We are Windermere Marina Limited a company registered in England and Wales. Our company registration number is 11547420 and our registered office is at Windermere Marina Village, Bowness on Windermere, Cumbria, United Kingdom, LA23 3JQ Our registered VAT number is 311108661. Where applicable, references to us also includes our staff, agents, contractors associated companies and assignees.
2.2 How to contact us. You can contact us by telephoning 015394 46551 or by emailing us at info@wmv.co.uk
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Application Form.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 The following terms have the meanings described below:-
(a) “Application Form” means the most recent application form for mooring at the Marina that you have submitted to us
(b) The “Marina” means all our property at Windermere Marina including roads, parking areas, grounds, jetties, pontoons, access ways, moorings or any other facility for berthing a vessel at Windermere Marina
(c) “You” or “Owner” means the person whose details are given on the Application Form but also includes, where applicable, any person lawfully in charge of your vessel, any person authorised to be on board your vessel or any member of your party.
(d) The “Administration Fee” is as set on your Application Form or otherwise confirmed by us on our website.
(e) “Vessel” means the boat, details of which are set out on your Application Form or any other Vessel that we specifically agree to in writing.
(f) The “Guidelines” means the guidelines we issue in relation to use of and access to the Marina with which you must comply. The current Guidelines may be set out on your Application Form, on our website and/or on noticeboards at the Marina. We may make reasonable updates to the Guidelines at any time and will display the updated versions on our website and on noticeboards at the Marina.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your Application Form. Our acceptance of your Application Form will take place when we write to you to accept it or we tell you that we are able to provide you with the services, at which point a contract will come into existence between you and us.
3.2 No Contract exists until we accept your Application Form. No Contract will exist unless and until we write to you to confirm that we accept your Application Form. You should not travel to or enter the Marina unless we have accepted your Application Form. If we have not accepted your Application Form you have no right to access the Marina.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services please contact us. We will let you know if the change is possible. We are not able to accept all proposed changes. If we agree to the change we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. No change is binding until we have agreed to it in writing.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change the services at any time:
(a) to reflect changes in relevant laws, regulatory requirements, by-laws and rules; and
(b) to implement technical adjustments and improvements, for example to address safety, security or health issues.
(c) to aid in the management, improvement and operation of the Marina.
6. PROVIDING THE SERVICES
6.1 When we will provide the services. We will supply the services to you during :-
(a) the dates/time periods set out in your Application Form; or
(b) the dates/times set out in any acceptance we send you provided that in the event of any conflict with the Application Form the dates/time period set out in our acceptance will take priority; or
(c) until either you end the contract for the services as described in clause 7 or we end the contract by written notice to you as described in clause 8.
6.2 We are not responsible for events outside our control. If our performance of the services is affected by an event or events outside our control then we will endeavour to contact you to let you know and we will take reasonable steps (where it is practicable and reasonable) to try to minimise the effect. Provided we do this we will not be liable for any delays or other impacts caused by the event. Please note in particular that we cannot be liable (and will not compensate you) :-
(a) if you are unable to travel to the Marina due to any reason for which we are not responsible including bad weather and government restrictions;
(b) we are unable to operate the Marina because of government restrictions;
(c) for the effects of flooding.
6.3 What will happen if you do not provide required information to us. In order to provide the services, we will need certain information from you for example, complete and accurate details relating to you and to your Vessel. If you do not provide us with this information on your Application Form or when we ask for it, or you provide us with incomplete or incorrect information, we may:-
(a) decline your Application Form;
(b) end the contract (see clause 8.1); or
(c) make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us all the information we need on the Application Form or within a reasonable time of us asking for it.
6.4 Reasons we may suspend the services. We may have to suspend parts of the services:
(a) to deal with technical problems or make technical changes;
(b) to make repairs to the Marina (including jetties);
(c) due to events outside our control such as fire, bad weather, flooding or government or regulatory restrictions;
(d) to update the services to reflect changes in relevant laws, regulatory requirements and rules;
(e) to make changes to the services as requested by you or notified by us to you (see clauses 4 and 5).
6.5 Your rights if we suspend the services. Where we have to suspend the services we will post and update details on social media, unless the problem is urgent or an emergency.
6.6 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of all services until you have paid us the outstanding amounts. Where this occurs we have the right, and you give us full authority:-
(a) at your risk (save in respect of loss or damage caused by our own negligence) to secure the Vessel, to move the Vessel or to remove the vessel from the Marina and to store it elsewhere and to charge you all costs arising out of such removal, transport and storage including alternative berthing fees;
(b) to not release or allow you access to your Vessel unless you have paid all sums outstanding to us (including our costs of berthing the Vessel); and
(c) to exercise our rights under clause 19.
6.7 Interest. As well as suspending the services and securing your Vessel we can also charge you interest on your overdue payments (see clause 10.5).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an error in the price or description of the services you have applied for and you do not wish to proceed;
(b) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 8 weeks; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.2 Your right to end the contract by giving us notice. In the event you wish to terminate this contract early then you may do so by giving us 16 weeks written notice. In this event we will be entitled to recalculate the charge for your berth based on our storage mooring rate (this is twice the annual pro-rata rate calculated on a daily basis) rather than the annual rate. If this recalculation results in a balance payable to us, then you must pay us that balance before removing your Vessel. You must also pay us any other sums you owe us including monies due for electricity or other utilities provided. If there is any balance due to you we shall pay it to you after you remove your Vessel from the Marina. This right to terminate will not apply to contracts with a term of less than 16 weeks. Where money is outstanding and unpaid we have the right, and you give us full authority:-
(a) at your risk (save in respect of loss or damage caused by our own negligence) to secure the Vessel, to move the Vessel or to remove the vessel from the Marina and to store it elsewhere and to charge you all costs arising out of such removal, transport and storage including alternative berthing fees;
(b) to not release or allow you access to your Vessel unless you have paid all sums outstanding to us (including our costs of berthing the Vessel); and
(c) to exercise our rights under clause 19.
7.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.1 and 7.2, you must pay us all sums due on our request. We may also charge you reasonable compensation for the net costs and losses we will suffer as a result of your ending the contract without good reason. Until you have paid us in full we have the right, and you give us full authority :-
(a) at your risk (save in respect of loss or damage caused by our own negligence) to secure the Vessel, to move the Vessel or to remove the vessel from the Marina and to store it elsewhere and to charge you all costs arising out of such removal, transport and storage including alternative berthing fees;
(b) to not release or allow you access to your Vessel unless you have paid all sums outstanding to us (including our costs of berthing the Vessel);
(c) to exercise our rights under clause 19.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, any details requested on your Application Form, any details relating to your vessel or details of your insurance;
(c) you do not, within a reasonable time, give us access to your vessel to enable us to provide the services to you;
(d) you commit a serious breach of this contract, these terms or the Guidelines;
(e) you breach any of this contract, these terms or the Guidelines and fail to address the breach within 10 days of our asking you to do so.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 then, in addition to any other right or remedy we may have you must pay us all sums due together with reasonable compensation for the net costs and loss we will incur as a result of your breaking the contract. Until you have paid us in full we have the right, and you give us full authority:-
(a) at your risk (save in respect of loss or damage caused by our own negligence) to secure the Vessel, to move the Vessel or to remove the vessel from the Marina and to store it elsewhere and to charge you all costs arising out of such removal, transport and storage including alternative berthing fees;
(b) not release or allow you access to your Vessel unless you have paid all sums outstanding to us (including our costs of berthing the Vessel);
(c) to exercise our rights under clause 19.
8.3 Where we end the contract under 8.1. Where we end the contract under 8.1 we will refund to you any unexpired portion of your licence fee (disregarding any discount given) less the amount (if any) of any claims by us against you and/or other monies owed to us by you together with the Administration Fee. This refund only applies if there is any balance due to you.
8.4 We may stop providing the services at any time. We may also write to you at any time to let you know that we are going to stop providing the services and/or require you to remove your vessel or other property. We will let you know at least 4 weeks in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided (less any sums which you owe to us).
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning us on 015394 46551 or by writing to us at the email address info@wmv.co.uk as given on your Application Form.
9.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10. PRICE AND PAYMENT
10.1 Where to find the price for the services. The price of the services (plus VAT where applicable which must be added) will be the price set out in your Application Form or on our most recent published price list (as applicable) unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your Application Form so that, where the service’s correct price at your order date is higher than the price stated in your Application Form we will contact you for your instructions before we accept your Application Form. If we accept and process your Application Form where there is a significant pricing error we may end the contract, refund you any sums you have paid and not perform the services.
10.4 When you must pay and how you must pay. You must make the payments in the amounts, at the times and in the manner set out/selected in your Application Form or as otherwise agreed by us in writing. Where specified/selected on the Application Form you must make payments by Direct Debit although we may agree (at our discretion) to accept payments through other methods or may direct that payments be made through other reasonable methods.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may in addition to any other right or remedy, charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice or charge is incorrect please contact us immediately to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10.7 Excess Charges. We may at any time measure any Vessel and charge you additional fees (if appropriate) in accordance with our scale fees if the length or beam of the vessel is greater than that notified to us by you. We set out how we measure Vessels on the Application Form.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before you submitted your Application Form.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the services.
11.3 Security of your Vessel. While we will take commercially reasonable steps to try to keep the Marina secure, it is accessible by many persons and thefts and damage are unfortunately possible. You must therefore take all reasonable care to ensure that your Vessel is secure, including by making sure it is properly locked when it is not occupied.
11.4 You must obtain valid and adequate insurance. You must obtain and maintain at all times:-
(a) fully comprehensive insurance to cover:- (i) yourself; (ii) the Vessel and its contents and each of your vessels or vehicles; and (iii) your crew or party for the time being and your agents, visitors, guests and subcontractors in the sum of not less than £5 million in respect of each event; and
(b) in respect of each vessel adequate salvage insurance.
Such insurances shall be effected and maintained with a reputable insurer and you must provide a copy of the policy or policies relating thereto to us if we ask for it.
You must notify us as soon as possible of any changes to your insurance.
11.5 When we are liable for damage to your property. We will make good any damage we negligently cause to your Vessel. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your Vessel or for any matters not directly caused by our own negligence. We cannot be responsible for the acts of others when they are outside of our control or for events outside our control.
11.6 No Business Activities. We are not liable for business losses. We supply the services for private, recreational and holiday use only. You must not conduct any business or commercial activity from the Marina. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you carry on a business or commercial activity from the Marina this will constitute a serious breach of this contract which will allow us to end the contract immediately. In these circumstances we will not refund any unexpired portion of your licence fee
11.7 End of the Contract. Save where you owe us money and we have the right to refuse you access to your Vessel you must promptly remove your Vessel and any other property from the Marina by the end of the contract, including where we end the contract early. In the event that you do not do so we shall have the right and authority (in addition to any other rights or remedies at law or under this contract) :-
(a) to charge you the reasonable costs of storage/berthing of the Vessel/property together with any other costs we incur in connection with your failure to remove the Vessel/property;
(b) at your risk (save in respect of loss or damage caused by our own negligence) to remove the vessel from the Marina and to store it elsewhere and charge you all costs arising out of such removal, transport and storage including alternative berthing fees;
(c) to exercise our rights under clause 19.
12. PROPER USE OF THE MARINA, SAFETY AND FIRE PREVENTION
12.1 Operation of your Vessel. You must always operate and use your Vessel at the Marina lawfully, responsibly, considerately and with due skill and care. In particular you must take all due care when operating your Vessel not to cause injury or to damage the Marina or other vessels.
12.2 Hazards. Marinas can be hazardous where proper care is not taken or when used or accessed incorrectly. You must take proper care at all times when at the Marina
12.3 Compliance with laws. Your Vessel must comply with all applicable laws, regulations and by-laws at all times.
12.4 No business use. You must not carry on any business or commercial activity while at the Marina.
12.5 Consideration. You must always act and operate your Vessel in a considerate manner, taking due account of other users, residents and our staff. You must not cause any disruption, nuisance or disturbance to the Marina or to others.
12.6 Instructions. You must always follow the reasonable instructions, directions and requests of Marina staff.
12.7 Navigation. No Vessel, when entering or leaving or manoeuvring in the Marina, shall be navigated at such speed or in such a manner as to endanger or inconvenience other vessels in the Marina. Vessels are at all times subject to the speed restrictions and bye-laws of Lake Windermere.
12.8 Age Restrictions. No children shall drive a craft with an engine in excess of 4 horsepower on the Marina.
12.9 Speed. All Vessels in the Marina must keep to a strict 3mph speed limit and must at all times be operated without wash or wake. This takes precedence over any other bye-laws.
12.10 Access. You are responsible for checking at all relevant times that there is sufficient water for access to and egress from the Marina for your Vessel.
12.11 Footwear. You must wear suitable non-slip footwear and ensure that your family, crew and visitors to the Marina wear suitable non-slip footwear whilst using the Marina and especially when walking on jetties.
12.12 Children. You must ensure that all children in your party are closely supervised and wear life jackets whilst travelling in a Vessel within the Marina.
12.13 Prohibited Activities. You must not fish, swim, water ski, camp (whether in a car or tent or caravan or motorised caravan) or (other than a registered assistance animal) have a dog or pet other than on a leash whilst at the Marina. You must not use any watercraft on the Marina (motorised or otherwise) which is not listed on your Application Form or which we have not specifically permitted.
12.14 Moveable Items. You must ensure that all moveable items on the upper surface of the Vessel are properly secured
12.15 Gas Safety. You must, on an annual basis obtain a gas safety certificate for any gas installation on board your Vessel. You must produce a copy of a current gas safety certificate to us on request.
12.16 Carbon Monoxide. All Vessels must be fitted with a functioning carbon monoxide alarm that meets current applicable standards.
12.17 Fire Prevention. You must take all necessary precautions against the outbreak of fire in or upon your Vessel and observe all applicable regulations relating to fire prevention.
12.18 Fire Extinguisher. You must 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.
12.19 NO REFUELLING. Under no circumstances should you refuel your vessel in the Marina. Doing so poses a major risk of fire and injury and constitutes a serious breach of this contract. We may terminate this contract immediately if you breach this clause. In these circumstances we will not refund any unexpired portion of your licence fee.
12.20 Fuel and inflammable substances. You must not bring or keep any inflammable, explosive or dangerous substances or goods into the Marina (except fuel in the fuel tank of your Vessel or motor vehicle). Fuel must not be stored outside fuel tanks (whether in cannisters or otherwise). You must ensure that all fuel is removed from tenders if the tender is not used for a continuous period of 24 hours. If you do not do so we may remove the fuel and charge you our reasonable costs of doing so.
12.21 Barbecues. You must not barbecue on the jetties or in the Marina, other than in the designated barbecuing area.
12.22 Identification. You must provide us with up-to-date identification or registration numbers for all Vessels, motor vehicles to be parked on site and for any small craft including stand up paddleboards.
13. VESSELS
13.1 Work on your Vessel. The Marina is not a workshop and the carrying out of unauthorised work can be hazardous and disruptive to other users. Subject to this clause no work may be carried out to your vessel whilst it is at the Marina unless we have agreed to it in advance (at our discretion). You must always give us advance notice and full details of any work you would like to carry out and provide us with any details we reasonably request. However you or your regular crew or family may carry out minor running repairs or minor maintenance of a routine nature so long as it is carried out in such a way as to not cause any nuisance, disruption or annoyance to any other users of the Marina or any other person resident in the vicinity. We may require you to stop any work where it is carried on without our consent or where it is causing nuisance, disruption or annoyance
13.2 Work carried out by us. We may agree to carry out work on the Vessel for you or to provide or recommend contractors. Where we do this the terms will be agreed in writing.
13.3 Cleaning. Any cleaning you carry out must not cause nuisance, pollution or annoyance to other users of the Marina.
13.4 No transfer of berths. You must only use the berth assigned by us to your Vessel. Unless we have agreed in writing that you can do so, you may not lend, transfer or assign the berth to anyone else. Nor can you use the berth for any other vessel.
13.5 Requirement to leave the Marina. We may require that you or any member of your party leave the Marina immediately if they act recklessly, unlawfully, inconsiderately or unreasonably or fail to observe these terms, the contract or the Guidelines.
13.6 Our rights in respect of your Vessel. If at any time we consider it necessary in the interests of health or safety or to prevent or minimise damage (including in the event of flooding) we may (but are not obliged to) at any time moor, re-tie, reberth, move, board, enter or carry out any emergency work on your Vessel and, except to the extent that such re-tying, mooring, reberthing, movement, boarding, entering or emergency work arises from our own negligence, you must pay us our reasonable charges for doing so.
13.7 Our right to move your Vessel. We may at any time move (or require that you move) all vessels and vehicles in or on the Marina or to any other part of the Marina.
13.8 Sinking. In the event of a vessel sinking you must arrange for it to be refloated as soon as possible and removed from the Marina within 48 hours. We reserve the right to raise a Vessel if deemed necessary and to charge you accordingly.
13.9 Signs. You must not (without our consent at our discretion) display on your Vessel or in any other place on the Marina any sign, placard, notice or any other indication that the vessel is for sale or hire and in the event of any breach of this condition we may remove or cover up such sign, placard or notice.
13.10 Removal of Vessel. You must not remove or allow your Vessel to be permanently removed from the Marina during the contract without giving us at least 24 hours’ advance written notice. We reserve the right not to permit Vessels to be removed from the Marina (by securing them or otherwise) where any sums are due and payable to us under this contract or where a breach of this contract would arise.
14. MOORING
14.1 Tying. Vessels must be tied to jetties with suitable ropes and must be fastened off at the Vessel (and not the jetty). Vessels shall at all times be moored by the means we recommend or direct from time to time. We may secure any vessel moored by a means not recommended by us and you must pay us the cost of doing so.
14.2 Floods. Water levels will naturally vary and floods are always a possibility. You must therefore ensure that all ropes fastening the vessel to a Marina jetty are adjusted at all times so as to preclude damage to that jetty and/or any other jetty and/or any other vessel particularly in the case of high water. We cannot be responsible for checking that this has been done.
14.3 No obstruction. No Vessel shall be anchored or moored in the Marina in such a way as to cause any obstruction to us or to any other user.
14.4 Berths not Exclusive. You are not entitled to the exclusive use of a particular berth.
14.5 Berth Allocated. You may only use only the berth allocated to you for the time being by us.
14.6 Our right to use Berths. At any time when the berth allocated to you is not actually occupied by the Vessel we shall be free to permit its use by any other Vessel without paying compensation or giving any discount or other payment to you.
14.7 No permanent fixings. You must not attach anything to the jetties and walkways within the Marina by way of a permanent fixing such as nail screws etc.
15. NOISE AND BEHAVIOUR
15.1 No noisy, or objectionable engines, radio or other apparatus or machinery shall be operated within the Marina so as to cause any nuisance or annoyance to us, to any other users of the Marina or premises or to any person residing in the vicinity and you, your guests and all using your vessel must not behave in such a way as to cause nuisance or annoyance. Halyards shall be secured so as not to cause such nuisance or annoyance.
15.2 You are responsible at all times (whether or not you are present at the Marina) for the behaviour of your crew and guests on the Marina.
15.3 Noise should be kept to minimum at all times and you must not do anything which may reasonably be or become a nuisance or annoyance to others. In particular, you must not make any noise or disturbance likely to disturb the sleep of others.
16. REFUSE AND ENVIRONMENT
16.1 No refuse, waste or effluent shall be thrown overboard or left on the pontoons, jetties or car parks, or disposed of in any way other than in the recycling or other receptacles provided or by removal from the Marina or as set out in 16.3 below.
16.2 The toilets, shower rooms and laundry are for you, your crew and your guests only. You should report any misuse of the facilities to us.
16.3 Refuse of a hazardous nature including batteries, fuel, oil, paint tins etc should be removed from the Marina premises by you to be disposed of lawfully in a suitable disposal site. All other refuse should be placed in the bin compounds provided.
16.4 You must comply with all regulations currently enforced by the Environment Agency or any other regulatory or enforcement body that regulates the environment and water quality of Lake Windermere.
16.5 Vessels must be kept in a clean and tidy state at all times. If you fail to clean your vessel within 14 days following a request from us to do so we may carry out the work or appoint contractors to do so and you must pay our reasonable costs of doing so.
16.6 Non-native Species. You must comply with all applicable rules and regulations (including Environment Agency guidelines) relating to the transfer of non-native species to the Marina and take all steps required to prevent such transfer occurring.
16.7 Pollution. You must not in any way pollute or discharge any substances into the Marina. If a vessel is, or we believe it is, polluting the Marina we reserve the right to take all necessary action to stop it and to prevent further pollution and to charge our reasonable costs, expense of doing so together with any losses we suffer. We may also notify the Environment Agency.
17. SMALL CRAFT
17.1 Small craft (including dinghies, tenders, canoes, paddleboards, inflatables and rafts) shall be stowed aboard the vessel unless we have agreed to provide a berth or specified location. Additional fees may be required for this berth/storage.
17.2 We reserve the right to remove any small craft or watersports equipment which are not registered with us and for which the relevant payment has not been received.
18. PARKING
18.1 You must park motor vehicles and trailers as we may direct.
18.2 Only one motor vehicle for each mooring licence may be brought onto the Marina.
18.3 Parking is subject to availability.
18.4 Parking is only available when you are accessing or using a Vessel at the Marina and cars may not be left at the Marina when you are not at the Marina or making use of a Vessel authorised to be moored at the Marina.
18.5 You may only bring a trailer onto the Marina by prior arrangement with us, for a reasonable period for loading and unloading.
18.6 Trailers (with or without a vessel) may not be stored or left on the Marina without our prior consent. We reserve the right to remove and store trailers left without our consent and to charge our reasonable fees of doing so.
18.7 A charge will be made for use, if available, of the slipway. All use is with our prior agreement only. The slipway will not be available outside of office hours and you are responsible for the correct use of the slipway and the launching of Vessels. You may not make use of the slipway where monies are due and outstanding to us.
18.8 No vessel or vehicle must be parked or left so as to obstruct the roadways, walkways, footpaths, slipways, craneage, access points or any area in the Marina. We reserve the right to remove any such vessel or vehicle or any vehicle otherwise parked in breach of these terms by craneage or towing and you must pay our reasonable costs of doing so. Unless we have been negligent, we will not be liable for any loss, cost or damage you incur where such action is taken.
18.9 You must not cause or allow any obstruction on any of the access roads, pontoons, passageways or car parks of the Marina.
18.10 Campervans may not be occupied overnight at the Marina.
19. LIEN
19.1 Lien. We have the right to exercise a general lien upon your Vessel and/or other property whilst it is at the Marina until such time as any money you owe to us in respect of the Vessel and/or such property (whether in relation to rental, storage, commission, brokerage, access, electricity charges, berthing charges, work carried by us or otherwise) has been fully paid.
19.2 Authority to sell Vessel/Property where fees unpaid. Without prejudice to any other right we may have, we may give you notice in writing requiring you to pay us all sums which are outstanding and unpaid in full relating to your Vessel or property. If you do not do so after 4 weeks you agree that we may, and you authorise us, to sell your Vessel or property on your behalf and to take all reasonable and lawful steps in relation to such sale. Following the sale of a Vessel/property you agree that any sums due and owing to us should be paid by our appointed broker to us from the proceeds of the sale. Any balance will be returned to you (less all costs of sale and other fees reasonably incurred). To the extent that his does not satisfy the sums due to us those sums will remain due and we reserve the right to take lawful recovery action in relation to such sums.
19.3 Authority to sell Vessel/ Property left at the Marina. We may require you to remove your vessel from the Marina where you have not complied with your contract with us, including where you have not removed your vessel at the end of the contract. Where you fail to do so within 4 weeks of our request, we may give you notice under the Torts (Interference with Goods) Act 1977 (Act) that we intend to exercise our power of sale under that Act. We may also exercise this power where we have been unable to trace or communicate with you despite having taken reasonable steps to do so. Where we choose to exercise this power, we will do so lawfully and in accordance with the Act, in particular in relation to the application of any sale proceeds.
20. SALE OF VESSEL
20.1 Buyers’ details. If you sell or transfer your Vessel you must let us know as soon as possible and give us details of the sale. You should also seek permission to let us have details of the purchaser/transferee as soon as possible
20.2 No transfer of contract or release. This contract is personal to you and cannot be transferred to your buyer (or any other person) who must make their own arrangements. A sale of your Vessel does not release you from your obligations and you must still comply with your duties under this contract, in particular in relation to making payments to us. You also remain liable under this contract for the Vessel and for those using it.
21. UTILITIES
21.1 You must pay us at the stated rate for electricity, data and other utilities we provide, including if required by way of advanced payment.
21.2 You must not connect to the electricity or data or other utility supply and/or television aerial without our prior agreement and without paying for the provision of these utilities.
21.3 Where we require it, you must attach a meter to the utility (for which a charge may be made) and use it to monitor the amount of the utility used.
21.4 You must not tamper with any utility meter, supply or equipment. If you do so we may charge you the full daily cost of supplying the electricity (as we reasonably determine) together with the cost of any repairs and retesting necessitated by such tampering and the Administration Fee.
21.5 We cannot guarantee the continuous supply of electricity, data, utilities or television reception to serviced berths as power cuts and breakdowns are not within our control. Overloading of the electricity supply may cause trips to activate and, although we will take reasonable steps to assist reconnection may not be possible outside normal office hours.
22. REGULATIONS
22.1 We may introduce regulations which relate solely to the administration and management of the Marina and which are not inconsistent with the contract and these terms and we may amend such regulations from time to time. Such regulations and any amendments to them shall become effective on being displayed on our website.
23. UPDATES
23.1 We reserve the right to update these terms at any time by posting a revised version on our website.
24. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Notice. You can find our Privacy Policy at www.windermeremarinavillage.co.uk/privacy/
25. OTHER IMPORTANT TERMS
25.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and it will not affect your rights under the contract
25.2 You may only transfer your rights to someone else with our consent. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent at our discretion.
25.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
25.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
25.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
