Marina Terms and Conditions

LAST UPDATED ON NOVEMBER 2020

1. DEFINITIONS

Where the following words appear in these Conditions, the Licence and the Regulations they
shall have these meanings:
Berth means the space on water or land within the Marina Premises allocated to the Vessel by
the Company from time to time during the duration of Licence.
Company means the Company as identified in the Licence, including its associated companies
and any of its employees or agents.
Conditions means the standard terms and conditions as specified in this Licence.
Facility means the type of berthing, mooring and/or shore storage facility to be provided by
the Company to the Owner in relation to the Vessel as set out in the Licence
Length Overall means the overall length of the Vessel, including any fore and aft projections,
temporary or permanent.
Licence means the contract between the Company and the Owner for the provision of the
Facility, which incorporates these Conditions.
Licence Fee means the fee payable by the Owner to the Company in consideration for the
Company providing the Facility, as specified in the Licence.
Marina means the marina, yacht harbour, mooring or any other facility for launching, recovering,
mooring or berthing vessels, which is owned and/or operated by the Company.
Marina Premises means the Marina and all the associated land and buildings occupied by or
under the control of the Company, including docks, travel lift, slipways, pontoons, jetties, quays,
piers, walkways, workshops, hardstanding, roadways and carparks.
Owner means the person or organisation identified in the Licence.
Regulations mean those regulations (if any) made by the Company as the same may be
amended from time in accordance with Condition 11, which the Company in its absolute
discretion, considers necessary to enable the Company or those using the Marina Premises to
comply with applicable legal requirements or for the safety or security or good management
of the Marina Premises.
Vessel means the vessel identified in this Licence.

2. THE LICENCE

2.1 In consideration for the Owner paying the Licence Fee, the Company agrees to provide
to the Owner the Facility in the Marina Premises in relation to the Vessel for the duration
of this Licence.
2.2 The Licence will start on the Start Date and will end on the End Date specified in this Licence,
unless terminated sooner under the provisions of Conditions 12 or 13. The Licence will not
be automatically renewed after the End Date.
2.3 The physical layout of the Marina Premises and the operational requirements of the Company
are such that the Company must retain absolute discretion as to the utilisation of space within
the Marina Premises. Nothing in the Licence or these Conditions entitles the Owner to the
exclusive use of any particular space within the Marina Premises. The benefit provided by
the Company pursuant to the Licence is accordingly merely a licence to occupy whichever
Berth may be from time to time allocated to the Vessel by the Company.
2.4 The Company is entitled to make use of the Berth whilst it is left vacant by the Owner.
2.5 The Licence is personal to the Owner and relates to the Vessel described in the Licence.
The Owner may not transfer or assign the Licence to a third party. The Owner may not use
the Berth for a vessel other than the Vessel, either temporarily or permanently, without the
written consent of the Company.

3. RIGHTS OF SALE AND OF DETENTION

3.1 The Company will have the right of sale in circumstances where the Owner fails to collect
or accept re-delivery of the Vessel (and/or any other property left in the Marina Premises)
following termination of the Licence. Such sale will not take place until the Company has given
a written notice of 90 days to the Owner. For the purpose of this clause it is recorded that:
3.1.1 This Licence is granted to the Owner by the Company on the basis that the Owner
is the owner of the Vessel or the Owner’s authorised agent and that the Owner will
take delivery or arrange collection of the Vessel (and/or any other property left in the
Marina Premises) following termination of this Licence.
3.1.2 The Company’s obligation as custodian of the Vessel (and/or any other property left in
the Marina Premises) ends on its notice to the Owner of termination of that obligation;
3.1.3 The place for delivery and collection of the Vessel (and/or any other property left
in the Marina Premises) shall be at the Marina Premises, unless agreed otherwise.
3.2 Maritime Law entitles the Company in certain other circumstances to bring an action against
the Vessel to recover a debt or damages. Such action may involve the arrest of the Vessel
through the Courts and its eventual sale by the Court. Sale of the Vessel may also occur
through the ordinary enforcement of a judgment debt against the Owner.
3.3 The Company reserves a general right (“a general lien”) to detain and hold onto the Vessel
or other property pending payment by the Owner of any sums due to the Company. If the
Licence is terminated or expires while the Company is exercising this right of detention it
shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors
for each day between termination or expiry of the Licence and the actual date of payment
(or provision of security) by the Owner and removal of the Vessel from the Marina Premises.
The Owner shall at any time be entitled to remove the Vessel or other property upon
providing proper security, for example a letter of guarantee from a bank or a cash deposit
sufficient to cover the debt with interest, and where the debt is contested a reasonable
provision for the Company’s prospective legal costs.

4. CONDITION AND OPERATION OF VESSEL

4.1 The Owner must ensure that at all times the Vessel is maintained in a clean and tidy state
and in a seaworthy or navigable condition (as appropriate).
4.2 The Owner must ensure that, while underway within the Marina, the Vessel is manoeuvred
and navigated:
4.2.1 with reasonable skill and care;
4.2.2 in accordance with any applicable speed limits and any other applicable laws or
regulations; and
4.2.3 in such a manner so as not to endanger or inconvenience any other vessels in the Marina.
4.3 The Owner must ensure that, while moored within the Marina, the Vessel is appropriately
secured using such number of fenders and warps of sufficient size and strength and in
such configuration as may be appropriate to the Vessel, the mooring and the anticipated
weather conditions. Unless otherwise agreed by the Company, such fenders and warps
shall be provided by the Owner.

5. VESSEL MOVEMENTS

5.1 The Company reserves the right to move the Vessel and any associated gear and equipment
at any time for reasons of safety, security or good management of the Marina Premises.
5.2 Where a specific date for launch of the Vessel has been agreed between the Owner and the
Company at the time of slipping or lifting out (or arrival by land), the Company’s published
scale of charges for vessel movements will apply. Where the Owner requests a different
date the Company reserves the right to charge the Owner for the cost of moving other
vessels to gain access to the launch point and for any attendant expenses, such as crane
hire. The Company will provide the Owner with an estimate of such costs and charges
prior to incurring them.

6. LIABILITY AND INSURANCE

6.1 The Company will not be liable for any loss or damage of whatsoever nature caused by
events or circumstances beyond its reasonable control (such as adverse weather conditions,
the actions of third parties or any defect in the Owner’s or any third party’s property); this
extends to loss or damage to the Vessel, its gear, equipment or other property whilst in
the Marina Premises, including during travel lift operation, and to harm to persons entering
the Marina Premises and/or using any of the Company’s facilities or equipment therein.
6.2 The Company will take reasonable and proportionate steps (having regard to the nature
and scale of the Marina Premises and the Company’s business) to maintain security at the
Marina Premises and to maintain the facilities and equipment at the Marina Premises in
reasonable working order. In the absence of any negligence or other breach of duty on the
part of the Company, however, the Vessel, its gear, equipment and other property remain
at the Owner’s own risk and the Owner should ensure that their own personal and property
insurance adequately covers such risk.
6.3 The Company will not be under any duty to salvage or preserve the Vessel or other property
from the consequences of any defect in the Vessel or property concerned unless the Company
has been expressly engaged to do so by the Owner on commercial terms. Similarly, the
Company will not be under any duty to salvage or preserve the Vessel or other property
from the consequences of an accident which has not been caused by negligence or other
breach of duty on the part of the Company. Nevertheless, the Company reserves the right
to do so in any appropriate circumstances, particularly where a risk is posed to the safety
of people, property or the environment. Where it does so, the Company will be entitled
to charge the Owner on a normal commercial charging basis and, where appropriate, to
claim a salvage reward.
6.4 The Owner must, and must ensure that any other person on board or accessing the Vessel
while in the Marina Premises (excluding the Company) does, comply with all applicable
laws when in the Marina Premises.
6.5 The Owner must maintain adequate insurance in relation to the Vessel, including third party
liability cover for not less than 1,000,000£, cover against wreck removal and salvage and,
where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner
must produce evidence to the Company of such insurance within 7 days of a request to do so

7. COMMERCIAL & RESIDENTIAL USE

7.1 The Owner must not (and must not allow anyone else to) use the Vessel for any commercial
or residential purpose while in the Marina Premises without obtaining the Company’s prior
written consent, which may be withheld in the Company’s absolute discretion or granted
on such terms as the Company sees fit.
7.2 For the avoidance of doubt:
7.2.1 use of the Vessel to provide overnight accommodation in exchange for payment or
a reciprocal arrangement is deemed to be commercial use; and
7.2.2 the Vessel is deemed to be used for residential purposes if, amongst other things,
the Owner (or anyone else):
7.2.2.1 uses the Vessel as their principal or main place of residence; or
7.2.2.2 stays on board the Vessel for in excess of an average of three nights per week
over a twelve week period; or
7.2.2.3 uses the Company’s offices at the Marina Premises as their mailing address.

8. STORAGE

8.1 The Owner must stow any dinghies, tenders or rafts aboard the Vessel unless the Company
allocates a separate facility for them.

9. PARKING

9.1 Subject always to the availability of parking spaces, the Owner and their crew and guests
may only park vehicles in the Marina Premises in accordance with the directions of the
Company. The Owner must not (and must not allow anyone else to) use a vehicle parked
in the Marina Premises for any commercial purpose or for overnight accommodation.

10. ACCESS TO & WORK ON THE VESSEL

10.1 The Owner must not (and must not allow anyone else to) undertake any work on the
Vessel, its gear, equipment or other goods while on the Marina Premises without the
Company’s prior written consent, other than minor running repairs or minor maintenance
of a routine nature carried out by the Owner, their regular crew or members of their family
not causing any nuisance or annoyance to any other users of the Marina Premises or any
other premises or any person residing in the vicinity, nor interfering with the Company’s
schedule of work, nor involving access to prohibited areas. The Company’s consent will
not be unreasonably withheld.
10.2 Where the Facility comprises or includes storage ashore, the Company may restrict the
Owner’s access to the Vessel and, where appropriate (having regard to the nature and
scale of the Marina Premises and the Company’s business), the Company may prohibit
the Owner from accessing the Vessel while it is stored ashore.

11. REGULATIONS

11.1 The Owner must, and must ensure that any other person on board or accessing the Vessel
while in the Marina Premises (excluding the Company) does, observe the Regulations
published from time to time by the Company, including Company’s Health, Safety and
Environmental policies.
11.2 Unless provided otherwise, this License, and specifically this Condition, will serve as
the Company’s Regulations. Signing this License provides the Owner had recieved
the Regulations and acknowledge them. The Company reserves the right to introduce
new Regulations where required on legal grounds or for the safety or security or good
management of the Marina Premises, and to amend such Regulations as from time to
time may be necessary. Any such amendments will become effective on being displayed
at the Company’s Marina Reception as well as the Gallery Club message board or other
prominent place at the Marina Premises, and a breach of any of the Regulations will
amount to a breach of these Conditions.
11.3 The Owner must, and must ensure that any other person on board or accessing the Vessel
while in the Marina Premises (excluding the Company) does, report to the Company all
accidents involving injury to any person or damage to any public or private property that
occur in the Marina Premises as soon as reasonably possible after they occur.
11.4 The Owner must, and must ensure that any other person on board or accessing the
Vessel while in the Marina Premises (excluding the Company) does, not operate any
noisy, noxious or objectionable engine, radio, or other apparatus or machinery within
the Marina Premises so as to cause any nuisance or annoyance to any other users of the
Marina Premises or to any person residing in the vicinity. Halyards and other rigging must
be secured so as not to cause such nuisance or annoyance.
11.5 The Owner must, and must ensure that any other person on board or accessing the
Vessel while in the Marina Premises (excluding the Company) does, not throw any refuse
overboard or dispose of it anywhere in the Marine Premises, other than in the receptacles
provided by the Company or by removal from the Marina Premises.
11.6 The Owner must provide and maintain at least one fire extinguisher, which is approved
and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for
purpose for the Vessel and ready for immediate use in case of fire.

12. TERMINATION BY COMPANY

12.1 The Company has the right (without prejudice to any other rights in respect of breaches of
the terms of the Licence by the Owner) to terminate the Licence in the following manner
in the event of any breach by the Owner of any term of the Licence or these Conditions:
12.1.1 Having regard to the nature and seriousness of the breach and the risk it poses for
the financial or other security of the Company and/or of the Company’s customers
and if the breach is capable of remedy, the Company may serve notice on the
Owner specifying the breach and requiring them to remedy the breach within a
reasonable time specified by the Company. Where the breach is serious or poses
an immediate risk or threat to the health, safety or welfare of any other person
or property the time specified for remedy may be immediate or extremely short.
12.1.2 If having been served with notice under Condition 12.1.1 the Owner fails to effect
a remedy within the specified period of time, or if the breach is not capable of
remedy, the Company may serve notice on the Owner requiring them to remove
the Vessel from the Marina Premises immediately.
12.2 If the Owner fails to remove the Vessel on termination of the Licence (whether under
Condition 12.1 or otherwise), the Company will be entitled:
12.2.1 to charge the Owner at the Company’s 24 hour rate for overnight visitors for each
day between termination of the Licence and the actual date of removal of the
Vessel from the Marina Premises; and/or
12.2.2 at the Owner’s risk (save in respect of loss or damage directly caused by the
Company’s negligence or other breach of duty during such removal) to remove
the Vessel from the Marina Premises and thereupon secure it elsewhere and
charge the Owner with all costs reasonably arising out of such removal including
alternative berthing fees.
12.3 Any notice of termination served by the Company under this Condition may be served
personally on the Owner, sent by registered post or recorded courier service to the
Owner‘s address as provided in the Cover Sheet to this Licence or sent to the email
address provided there.
12.4 The Licence will terminate immediately and without notice on the death of the Owner. If
the Owner’s representatives do not either enter into a new licence with the Company or
remove the Vessel from the Marina Premises then Condition 12.2 will apply as if references
to the “Owner” were references to the “Owner’s representatives”.
12.5 The Licence will terminate immediately and without notice on the disposal of the Vessel
by the Owner.

13. TERMINATION BY OWNER

13.1 The Licence may be terminated on three months’ written notice being given by the Owner
to the Company. In this event the Company will be entitled to recalculate the Licence
Fee using the rate or rates that would have been applicable to the actual period of the
Licence instead of the annual rate; the amount so calculated not to exceed the annual rate
originally agreed. If this recalculation results in a balance payable to the Company then
the Owner must pay that balance before removing the Vessel from the Marina Premises.
If there is a balance in favour of the Owner the Company will pay it to the Owner upon
the departure of the Vessel from the Marina Premises
13.2 Any notice of termination served by the Owner under this Condition must be served at the
Company’s principal place of business or registered office or sent to the email address
(if any) set out in the Licence.

14. ADDRESS DETAILS AND SUBSEQUENT CHANGE OF DETAILS

14.1 The Owner must supply to the Company details of the Owner’s home address. This address
must be a different address to the address of the Marina Premises. The Owner must produce
evidence to the Company of such home address within 7 days of a request to do so.
14.2 The Owner must notify the Company in writing (which includes by email) of any change
of name of the Vessel or change of address or telephone number of the Owner, within 7
days of such change taking place.

15. LAW & JURISDICTION

15.1 The Licence, these Conditions and any non-contractual obligations arising out of, or in
connection with, the Licence shall be governed by and construed in accordance with
Turkish Republic of Northern Cyprus (“TRNC”) Law.
15.2 Each of the parties irrevocably agrees that any and every dispute (and any non-contractual
obligations, as aforesaid) arising out of or in connection with the Licence shall be subject
to the non-exclusive jurisdiction of the TRNC courts.

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