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FAZELEY MILL MARINA T&Cs
 

General Conditions 

 

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

 

  1. Company shall mean Fazeley Mill Marina  

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

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

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

  1. Contract means any agreement entered between Fazeley Mill Marina & the Owner relating to the Marina 

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

  1. THE CONTRACT 

  1. Berths at the Marina shall be licensed for the periods and at the rates of charge from time to time published by Fazeley Mill 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. 

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

  1. 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. 

 

  1. LIABILITY, INDEMNITY & INSURANCE  

  1. Fazeley Mill 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 Fazeley Mill Marina   

  1. Notwithstanding Clause 3.1 above. Fazeley Mill Marina will not be liable for any indirect or consequential loss or damage. 

  1. 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  

 

  1. 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 Fazeley Mill 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. 

  1. Fazeley Mill 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 Fazeley Mill Marina is not responsible. However, Fazeley Mill 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. 

  1. No warranty or representation is expressed or implied by Fazeley Mill 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. 

  1. 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. 
     

  1. COMMERCIAL USE & SALE OF VESSEL 

  1.  Except with previous written consent of Fazeley 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.  

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

 

  1. NOTIFICATION OF SALE 

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

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

 

  1. CONDITION OF THE VESSEL  

  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. 

  1. 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. 

  1. 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.  

 

  1. 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. Fazeley Mill 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. 

 

  1. WORK TO VESSEL 

  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.  

  1. Any external sanding, angle grinding, welding, internal refit, painting spraying or by hand etc are considered major works and cannot be carried out within the Marian except with Fazeley  Marina’s prior written consent. Maintenance may be carried out daily between 09.00 and 17.00 hours. When carrying out work, all Fazeley 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. Fazeley Mill 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. 

  1. 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, Fazeley Mill Marina reserve the right to revoke any prior consent given for such works to be carried out. 

  1. 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, Fazeley Mill 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. 

  1. 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. 

  1. Fazeley Mill 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. 

  1. Fazeley Mill 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. 

  1. In carrying out any work the Owner shall use their best endeavours to ensure the Contractor causes as little disturbance and inconvenience to Fazeley Mill Marina and/or to any other users of the Marina and/or to any person residing in the vicinity of the Marina. If Fazeley Mill 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, Fazeley Mill 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. 

  1. In the event that Fazeley Mill 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  

 

 

 

 

 

 

 

  1. undertaking any remedial work that Fazeley Mill Marina decide is require, and shall complete same within a reasonable  time for commencement of the work. 

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

 

  1. FEES  

  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.  

  1. 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 Fazeley Mill Marina by the display of the amended fees schedule in the Office. 

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

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

  1. 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 Fazeley Mill Marina will be entitled to disconnect the supply of electricity to the vessel without further notice. 

  1. A refundable deposit will be required for any security key or card issued, out of which Fazeley Mill 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 

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

 

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

  1. Fazeley Mill 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 Fazeley Mill 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 Fazeley Marina, the Vessel will be sold on brokerage and the proceeds of the sale used to satisfy the monies owed by the Owner to Fazeley Marina, the remaining balance will be remitted to the Owner. 

  1. Payments made under these General Conditions shall be made without deduction or set-off. The Owner shall punctually pay to Fazeley Mill Marina all sums owing to Fazeley Mill 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 Fazeley Mill Marina or Fazeley Mill Marina appointed legal advisors to write to the Owner to seek payment of any overdue payment or to advice of Fazeley Mill 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 Fazeley Mill Marina in the circumstances set out in this clause represents a genuine pre-estimation of loss on the part of Fazeley 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 Fazeley Mill Marina or Fazeley Mill 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 Fazeley Mill Marina in relation to payments due under the Contact which have not been paid by the due date specified in the Contract. 

  1. Fazeley Mill Marina will only make refunds of payments made under these General Conditions in the circumstances specifically provided for under these General Conditions. 

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

 

  1. TERMINATION 

  1. All contracts will terminate on 12th October of each year 

  1. Either the Owner or Fazeley Mill Marina may terminate the contract by giving the other party not less than 30 days prior notice in writing. “Fazeley Mill 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” 

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

  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 Fazeley Mill Marina (such time stipulated by Fazeley Mill Marina in its absolute discretion) in a written notice to the Owner specifying the breach and requiring its remedy, or 

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

 

  1. Upon termination by Fazeley Mill Marina pursuant to Clause 9.3 above, Fazeley Mill 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 Fazeley Marina. 

  1. Upon expiry of the notice period given by as referred to in Clause 9.2 or upon Fazeley Mill 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, Fazeley Mill Marina shall be entitled: 

  1. to charge the Owner the amount which would have been payable by the Owner to Fazeley Mill 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 

  1. 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 

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

  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 

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

  1. 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 Fazeley Marina. 

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

 

  1. 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. 

 

  1. RIGHTS OF FAZELEY MILL MARINA TO RE BERTH AND MOVE OF VESSEL  

  1. Fazeley Mill 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: 

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

  1. ensure the safety of other used of the Marina, and/or 

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

  1. Fazeley Mill 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. 

  1. Fazeley Mill 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 Fazeley Marina. 

 

 

  1. Operate the Marina in any manner efficiently as required by Fazeley Marina. 

 

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

  1. Subject to payment by the Owner of Fazeley Marina’s reasonable charges, Fazeley Mill 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. 

  1. Where Fazeley Mill Marina complies with the Owners request pursuant to Clause 11.1 above, the Owner agrees to indemnify Fazeley Mill 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. 

 

  1. RIGHT OF SALE  

  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 Fazeley Mill Marina as bailee a right of sale exercisable in certain circumstances. 

  1. In circumstances where the Act does not apply or where Fazeley Mill 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. 

  1. Fazeley Mill 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. 

 

  1. BERTHS 

  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. 

  1. 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. 

  1. Fazeley Mill Marina reserves the right to replace warps and re-secure a Vessel in the interests of safety at the Owners expense. 

  1. 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. 

 

  1. SAFE NAVIGATION OF VESSELS IN THE MARINA  

  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. 

  1. 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. 

  

  1. PROHIBITION OF NUICANCES  

  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. 

  1. 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. 

  1. 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. 

  1. 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 

  1. The Owner shall not do or permit to be done anything which cause a nuisance or annoyance to Fazeley Mill Marina or any user of the Marina. 

 

  1. DISPOSAL OF REFUSE  

  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. 

  1. 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. 

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

 

  1. SPILLAGES 

The owner should immediately inform Fazeley Mill 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. 

 

  1. 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 Fazeley Marina’s. 

 

19. STORAGE OF GEAR 

  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 Fazeley Marina. 

  1. 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 

  1. 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. 

 

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 Fazeley 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. 

 

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 

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 Fazeley Mill 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 Fazeley Mill Marina is out of bounds  

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

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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 Fazeley 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. 

 

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 

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 

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. 

26. ADDITIONAL REGULATIONS AND RULES  

 
26.1  Fazeley Mill 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 Fazeley  Marina. 

 

27. OCCUPATION OF VESSELS  
Except in the case of a Vessel specifically authorised by Fazeley Mill 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. 

28. TEMPORARY FAILURE OF SERVICES & FACILITIES  
Without prejudice to the generality of Clause 33.4, Fazeley Mill 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. 

 

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. 

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

Fazeley Mill Marina may obtain and store details of the Owners name and principle private residence address and be permitted to provide this information. 

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, Fazeley 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 Fazeley Mill 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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