1. CONTRACTORS AND TRADE
- The licensee shall not permit any surveyor, broker, agent, contractor, tradesman or workman to enter the marina for any purposes whatsoever without obtaining the prior written consent of the Company. If such consent is granted such surveyor, broker, agent, contractor, tradesman or workman must report to the Marina Office with proof of public liability insurance and professional indemnity insurance prior to any work being carried out and on a daily basis thereafter until the work has been completed.
- No Licensee shall carry out or permit to be carried out from his vessel any business or trade without written permission from the Company
2. CONTRACT AND TERMS AND CONDITIONS
- All berths and moorings are contracted subject to the Company Terms of Business and the Marina Licence Terms accompanying the contract and these rules and regulations.
- Any amendments to the rules and regulations shall become effective on being displayed at the Company’s offices.
- Annual contracts run from the 1st of April to 31st of March the following year. As the name implies, the contract is a legal and binding document for the period.
- Licensees are advised to carefully read the Terms of Business, Marina Licence Terms and Rules and Regulations herein prior to signing their contract. All conditions are available from reception upon request.
- Disorder, depredation or indecorous conduct by a licensee or his guest or visitors shall be cause for cancellation of mooring contract.
- The company does not guarantee continuity of supply and shall not be responsible for any loss or damage caused by any interruption in supply however such interruption arises.
- An electricity service charge will be charged to licensees who connect to the electricity supply and consumption charged to the licensee as consumed. We advise licensees to inform the marina if they have proof that others have connected without permission to their metered supply.
- The Marina electric plug-in points have lockable caps and are arranged such that your plugs can be locked into place. We advise that you lock your lead in place once connected to the power supply and that you lock the socket when leaving your berth. As part of this feature we require that every berth holder who chooses to lock a socket leaves a duplicate key for that padlock with our office on their spare key set. When the marina exercises its rights to use a vacant berth for visitors, the Marina staff will ensure that readings are taken and any electricity used by visitors is credited from the berth holders account.
The Licensee shall deposit with the company a set of keys for entry and operation relating to the vessel under licence.
5. CALCULATION FOR CHARGES
- For the purposes of charging, the chargeable length of the boat will be the length from the extremity of the bow of the vessel plus any extensions to it to the extremity of stern plus any extensions to it. For the avoidance of doubt extensions will include davits, dinghy on davits, bumpkins, bowsprits in their stowed position, bow rollers and any other fixture or appendage that protrudes from or increases the length of the vessel.
- The Company reserves the right to charge for dinghies and tenders that are stored in the water adjacent to the vessel.
- For the purposes of berthing, storage and handling charges on catamarans and trimarans the Company reserves the right to charge 1.5 times the total chargeable length.
- When lifting craft of unusual proportions or weight distribution the company reserves the right to surcharge its published rates and such surcharge shall be notified to the owner in advance.
- Any damage to any part of the grounds, fixtures or fittings of the Marina caused by the Licensee, their invitee or pets shall be the responsibility of the Licensee and made good to the satisfaction of the Company or reasonable compensation shall be paid for any damage.
- The Licensee shall ensure that no pollution of any nature emanates from the vessel whilst in the water or on the hard and only the disposal points provided shall be used for the emptying of portable toilets and holding tanks and these shall be used for this purpose only. Where pollution occurs, the Licensee will be responsible for the costs of all remedial and decontamination works.
- All Licensees are reminded that they should maintain adequate Third Party insurance with a minimum sum of 2 million pounds required for the duration of this licence. The Company will require to see a copy of the insurance at the time of renewing the contract.
- The Licensee is responsible for maintaining the appearance and condition of their boat in a condition acceptable to the Company.
- When a vessel is stored out of the water in a designated storage area the masts and any items creating additional windage shall be removed if the vessel is to be out of the water for a period of more than two weeks or a period otherwise authorised by the Company in writing. Authority may, at the Company’s sole discretion, be given for masts to remain up when a suitable letter of authorisation is received from the Licensee’s insurer, and that such authority covers the vessel for such additional risks that may arise from accidents resulting from the mast remaining in place. If the mast remains in place during storage the vessel must be in a steel cradle designed for such a vessel and such a loading.
7. MOORING ALLOCATION
- In all cases the allocation of moorings shall be at the sole discretion of the Company.
- The amount of space allocated for a mooring to each Licensee shall be determined by the Company in accordance with their normal practice and the decision of the Company shall be final.
- Payment of mooring or berthing fees may be made by either:
i) a single annual payment by cash, cheque or credit card on or before 1 April; or
ii) (at the Company’s discretion ) ten staged payments payable by banker’s order (for full year licenses only) to be paid on the first of each month from 1st April to 1st January at the prescribed rate shown on the published price list for any given berthing season.
- Licensees paying berthing by credit card will be subject to a 2.5% surcharge or such surcharge that is published on our notice board from time to time.
- Licensees paying by staged payments who delay or default on payment will be invoiced the full amount remaining for the remainder of the licence which will become due with immediate effect. Licensees paying by staged payment option must settle any outstanding fees before either (i) leaving the marina or (ii) selling the boat.
Licensees and their invitees who bring pets to the Marina shall keep them under the strictest control whilst on or outside the vessel in order not to cause nuisance to other clients or to cause damage to the Marina. For reasons of hygiene dog owners must clean up after their dogs. Dogs must be kept on a lead at all times. Licensees or their invitees who fail to observe this regulation may be asked to remove their pets from the marina with immediate effect and the Company’s decision will be final. Strict regulations for the control of rabies exist in the UK and no pet or animal shall be landed at the Marina from abroad without prior permission from the Company and confirmation from the master of the vessel that the correct procedures have been observed and the authorities notified.
Berths are let for the period specified in the Contract and no credits will be given for unused portions of the contract period.
11. RESPECT FOR ALL MARINA USERS
- All Licensees, their crews and invitees will at all times exercise respect for the peaceful enjoyment of other marina users and customers. Noise and disturbance from the vessel must be kept at a reasonable level such that it does not inconvenience or otherwise annoy others.
- The Licensee shall at all times navigate and control his vessel in a seamanlike manner so as to cause no danger or inconvenience to any other person or boat. All vessels shall proceed at a speed and in such a manner which is safe in relation to the prevailing conditions and shall at all times comply with speed limits set by the Company. The speed limit within the marina, dock and approach channel is 5kts or as amended by further notices displayed on the notice board. Commercial craft operate from the James Watt Dock and are generally less manoeuvrable than leisure craft, accordingly the licensee, and all authorised helmsman shall when operating the vessel within the marina, dock or approach channel give way and stay clear of commercial vessels under navigation.
- Licensees, their crews and invitees will ensure that pontoons, walkways and bridges are kept clear for the safe use of others and nothing shall be affixed to the pontoons walkways or bridges by the Licensee or his representatives without the prior written approval of the Company.
- Laundry shall not be hung out on deck or on the rigging of vessels within the Marina.
12. SAFETY OF MOORING
Any warps, fenders or other mooring devices must be capable of securing the vessel in storms and gale force winds. Any warps, fenders and other mooring devices which in the opinion of the Company prejudice the safety of the vessel, other vessels in the Marina, persons or the structures of the Marina may be replaced by the Company and charged to the account of the Licensee.
13. SALE OF BOATS
The Licensee shall, in the event of a private sale by him, declare to the Company the gross sale price and remit to the Company upon demand access commission calculated at 1% of the gross sale price plus VAT upon completion. This right shall be waived where the sale is completed through a broker licensed by the Company to operate within the Marina. A sale conducted on behalf a Licensee by a broker not licensed by the Company will be conducted under the relevant code of practice of the British Marine Federation and commissions shared accordingly.
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security, no boat may be used at any time by any person other than the Licensee or his immediate family except by prior written agreement with the Company.
15. VEHICLES IN THE MARINA
- STICKERS. All cars must display an identification sticker provided free of charge from the Marina office.
- CAR PARKS. Cars must be parked in formal car parking areas or as directed by the Company and they are not be left unattended in loading areas, the boatyard, or anywhere else on the Marina premises. The Company reserves the right to move unattended cars to an alternative location within the Marina.
- SPEED LIMIT. The marina speed limit within the Marina premises is 10 mph.
- MAINTENANCE. No unauthorised vehicle repairs are to be carried out on the Marina premises
- MOTOR CYCLISTS. When driving in the Marina premises, motorcyclists should wear full headgear and keep within the speed limit. Motorcycles may only be used for access to and egress from the Marina premises.
- All vehicles on the Marina premises must be roadworthy, fully taxed and insured.
- Licensees and their invitees are not permitted to leave cars in the marina car parks for more than four continuous weeks at a single time without written permission from the Company.
- Owners are responsible for ensuring that their vehicles, trailers and associated gear are secured against entry or theft.
16. VESSELS IN THE MARINA
- Vessels will only be accepted into the Marina that are in a seaworthy condition and maintained in good, safe and serviceable order.
- Vessels should at all times be kept in a clean and tidy condition and in good repair such that they do not reflect unfavourably on the appearance of the Marina and the Company’s decision shall be final.
- No Jet-skis, personal watercraft or similar vessels are to be launched into or used in the Marina without the prior written approval of the Management.
- All Licensees will be required to observe the terms of any environmental rules that may from time to time be applied within the marina and published on the notice board.
- Licensees will follow instructions issued by the harbour master, marina manager and in connection with the environmental plans, codes and legislation.
- No dangerous, inflammable, poisonous or noxious substance, oil, petrol, fuel, paint or contaminated bilge water or effluent shall be discharged or allowed to escape into the Marina.
18. INVASIVE SPECIES MANAGEMENT
In accordance with the Scottish Governments policy of limiting the spread of invasive non-native species and following best practice as outlined in the Wildlife and Natural Environment (Scotland) Act 2011 it shall be a condition of berthing that boats at James Watt Dock Marina are lifted and hulls cleaned off at least once a year and re-antifouled as necessary. The company reserves the right to lift ashore boats with heavy or excessive fouling and make charges according to the company’s published tariffs.
19. BREACH OF THE LICENCE TERMS AND MARINA RULES AND REGULATIONS
Notwithstanding the terms of the Marina licence if a Licensee fails to respond timeously to a notice from the Company for the remedy of a breach of the licence terms or the rules and regulations or repeats or continues that breach of the licence or rules and regulations the company may at its sole discretion remove the Licensee’s vessel from the water pending removal from the Marina. The total costs incurred in removing said vessel and all storage costs will be charged to the Licensee and must be paid prior to the vessel leaving.
20. ALTERATIONS OF THESE RULES AND REGULATIONS
The Company may at any time alter these Rules and Regulations. Such alterations will come into force when posted on the Marina notice board and made available at the Marina office.