TERMS AND CONDITIONS OF BERTHING, MOORING AND STORAGE ASHORE AT NICHOL END MARINE (‘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 Mooring Application Form, and which are set out below to you. These services include the mooring, berthing and onshore storage of your vessel together with other services which we provide from time to time at Nichol End for the period set out in your Mooring Application Form and your access to Nichol End 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 Mooring 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 Nichol End Marine Limited a company registered in England and Wales. Our company registration number is 8395361 and our registered office is at Nichol End Marine Limited, 2nd Floor, 121 Duke Street, Barrow-in-Furness, Cumbria LA14 1AX. Our registered VAT number is GB157526884. 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 017687 73082 / 74348 or by emailing us at moorings@nicholend.co.uk.
2.3 How we may contact you.
If we must 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 Mooring Application Form.
2.4 “Writing” includes emails.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 Meanings
The following terms have the meanings described below:-
(a) “Mooring Application Form” means the most recent Mooring Application Form for mooring at Nichol End that you have submitted to us
(b) “Nichol End” means all our property at Nichol End Marine, Portinscale, Keswick including roads, parking areas, grounds, jetties, pontoons, access ways, moorings or any other facility for berthing a vessel at Nichol End Marine.
(c) “You” or “Owner” means the person whose details are given on the Mooring 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) “Vessel” means the boat, details of which are set out on your Mooring Application Form or any other Vessel that we specifically agree to in writing.
(e) The “Guidelines” means the guidelines we issue in relation to use of and access to Nichol End with which you must comply. The current Guidelines may be set out on your Mooring Application Form, on our website and/or on noticeboards at Nichol End. We may make reasonable updates to the Guidelines at any time and will display the updated versions on our website and on noticeboards at Nichol End.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your Mooring Application Form. Our acceptance of your Mooring 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 You warrant and represent that:
You are the legal and/or beneficial owner of the Vessel or is otherwise lawfully in possession of the Vessel and has full power to enter into this Agreement.
3.3 No Contract exists until we accept your Mooring Application Form. No Contract will exist unless and until we write to you to confirm that we accept your Mooring Application Form
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. 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 Nichol End.
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 Mooring 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 Mooring 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. 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 Nichol End due to any reason for which we are not responsible including bad weather and government restrictions;
(b) we are unable to operate Nichol End because of government restrictions;
(c) for the effects of flooding or low water levels.
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 Mooring Application Form or when we ask for it, or you provide us with incomplete or incorrect information, we may:-
(a) decline your Mooring 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 Mooring 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 Nichol End (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 Notification of suspended 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. Berth holders will be notified by email with as much notice as possible of any planned suspensions of service.
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 14 calendar 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 Nichol End 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.
(d) 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 If you have good reason for ending the contract.
The contract will end immediately If you are ending the contract for a reason set out at (a) to (c) below and we will refund you for any services which have not been provided or have not been properly provided.
(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 13 weeks written notice. In this event we will be entitled to recalculate the charge for your berth based on our short term mooring rate 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. If there is any balance due to you we shall pay it to you after you remove your Vessel from Nichol End. This right to terminate will not apply to contracts with a term of less than 13 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 Nichol End 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.
When a berth is immediately filled by a new customer, we will at our discretion waive the requirements for 13weeks notice. (i.e. if you sell your boat, the new owner requires the space, we are happy to offer the space to the new owner and a new agreement is formed)
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 Nichol End 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 14 calendar 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 Mooring 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 14 calendar 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 Nichol End 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 mooring 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. 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 017687 73082 or by writing to us at the email address moorings@nicholend.co.uk as given on your Mooring 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.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 Mooring 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 Mooring Application Form so that, where the service’s correct price at your order date is higher than the price stated in your Mooring Application Form, we will contact you for your instructions before we accept your Mooring Application Form. If we accept and process your Mooring 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 Mooring Application Form or as otherwise agreed by us in writing. We may agree (at our discretion) to accept payments through other methods or may direct those 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.
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 Mooring Application Form. Nichol end shall not be liable for consequential damages. .
11.2 Liability
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 Nichol End 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 with a reputable insurer, 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) that the insurance covers the Vessel for recovery and removal from the Marina in the event of sinking.
Such insurances shall be effected and maintained with a reputable insurer and you must provide a copy of the policy or policies when you apply for moorings and at each renewal.
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.
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 Nichol End. 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 Nichol End 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 Nichol End 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 Nichol End 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 NICHOL END, SAFETY AND FIRE PREVENTION
12.1 Operation of your Vessel.
You must always operate and use your Vessel at Nichol End 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 Nichol End or other vessels.
12.2 Hazards.
Derwentwater can be hazardous where proper care is not taken or when used or accessed incorrectly. You must always take proper care. The area in the vicinity of Nichol End can be very busy with larger vessels, small craft and swimmers. Great care must be taken at all times, to ensure everyone’s safety.
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 Nichol End.
12.5 Consideration.
You must always act and operate your Vessel in a considerate manner, taking due account of other users, hire customers and our staff. You must not cause any disruption, nuisance or disturbance to Nichol End or to others.
12.6 Instructions.
You must always follow the reasonable instructions, directions and requests of Nichol End staff.
12.7 Navigation.
No Vessel, when entering or leaving or manoeuvring in Nichol End, shall be navigated at such speed or in such a manner as to endanger or inconvenience other vessels in Nichol End. Vessels are at all times subject to the speed restrictions and bye-laws of Derwentwater.
12.8 Age Restrictions.
No children shall drive a craft with an engine in excess of 4 horsepower at or near Nichol End.
12.9 Speed.
All Vessels in Nichol End 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 Nichol End for your Vessel.
12.11 Jetties.
Jetties can be very slippery. Suitable non-slip footwear for all family, crew and visitor is advised. Take great care when wet or icy.
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 Nichol End.
12.13 Prohibited Activities.
You must not fish, water ski, camp without our permission or (other than a registered assistance animal) have a dog or pet other than on a leash whilst at Nichol End. You must not use any watercraft on Nichol End (motorised or otherwise) which is not listed on your Mooring Application Form or which we have not specifically permitted.
12.14 Gas Safety.
If you have a gas installation on board your Vessel, You must either:-
- Disable it, by removing the cylinder and purging the system.
- Or on an annual basis obtain a gas safety certificate. You must produce a copy of a current gas safety certificate to us on request.
12.15 Carbon Monoxide.
All Vessels must be fitted with a functioning carbon monoxide alarm that meets current applicable standards.
12.16 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.
12.17 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.
12.18 Fuel and inflammable substances.
You must ensure that all fuel is stored in the main tanks or in suitable approved containers. Great care must be taken when refilling your boat – to avoid the spillage of flammable liquids and to avoid pollution of the lake.
12.19 Barbecues.
You must not barbecue on the jetties or at Nichol End, other than in the designated barbecuing area.
12.20 Identification.
Your boat and all tenders, trailers & associated equipment must be clearly & indelibly labelled with the boat name in large clear font in at least 2 places as indicated on your Mooring Application Form. Any unidentifiable boats will be removed.
12.21 Electrical safety
You must ensure that the Vessel’s electrical systems and equipment are suitable for marine use and are fitted and maintained according to the manufacturers instructions.
13. VESSELS
13.1 Work on your Vessel.
Nichol End 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 Nichol End 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 Nichol End 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. Written permission must be sought for a third party to work on your boat, and proof of public liability must be provided before work is started.
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 and likely timescale will be agreed in writing.
13.3 Cleaning.
Any cleaning you carry out must not cause nuisance, pollution or annoyance to other users of Nichol End.
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, without our written permission.
13.5 Requirement to leave Nichol End.
We may require that you or any member of your party leave Nichol End 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 Nichol End or to any other part of Nichol End.
13.8 Sinking.
In the event of a vessel sinking, you must arrange for it to be refloated as soon as possible. We reserve the right to raise a Vessel if deemed necessary and to charge you accordingly.
13.9 Signs.
Written permission must be obtained before any sign, placard, notice or any other indication that the vessel is for sale or hire is displayed on your Vessel or in any other place at Nichol End. 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.
Your Vessel must not be permanently removed from Nichol End 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 Nichol End (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 sufficient suitable ropes and excess rope 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 Nichol End 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 Nichol End 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 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.
14.6 No permanent fixings.
You must not attach anything to the jetties and walkways within Nichol End by way of a permanent fixing such as nail screws etc.
14.7 Mooring Buoys
When you are allocated a swinging mooring Nichol End is responsible for providing and maintaining the mooring block, chain and buoy. You are responsible for providing and maintaining a suitable mooring strop and secondary strop between the buoy and your boat.
15. NOISE AND BEHAVIOR
15.1 No noisy, or objectionable engines, radio or other apparatus or machinery shall be operated at Nichol End so as to cause any nuisance or annoyance to us, to any other users of Nichol End 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.
15.2 You are responsible at all times (whether or not you are present at Nichol End) for the behavior of people you have authorized to use your vessel.
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 Waste & Effluent
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 Nichol End or as set out in 16.3 below.
16.2 Berthholders Facilities.
The toilets, shower rooms are for you, your crew and your guests only. You should report any misuse of the facilities to us.
16.3 Hazardous waste
Refuse of a hazardous nature including batteries, fuel, oil, paint tins etc should be removed from Nichol End premises by you to be disposed of lawfully in a suitable disposal site. All other refuse should be placed in the bins provided.
16.4 Regulations
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 Derwentwater.
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 Nichol End 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 Derwentwater. If a vessel is, or we believe it is, polluting Derwentwater 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 Nichol End at any one time, unless we have given prior written permission.
18.3 Parking is subject to availability.
18.4 Parking is only available when you are accessing or using a Vessel at Nichol End and cars may not be left at Nichol End when you are not at Nichol End or making use of a Vessel authorized to be moored at Nichol End.
18.5 Access with trailers for launching and recovery.
Launching and recovery of your boat must be prebooked. You may only bring a trailer to Nichol End by prior arrangement with us, for a reasonable period for loading and unloading.
18.6 Trailer storage.
Trailers (with or without a vessel) may not be stored or left on Nichol End 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. All trailers must be indelibly marked with the boat name on both sides at front and back. If you include trailer storage in your mooring fee please note this storage is in the open, and is offsite. Trailers must be maintained in a roadworthy condition for us to be able to transport them.
18.7 Slipway usage.
A charge will be made for use, if available, of the slipway. All use is with our prior agreement only. You are responsible for the correct use of the slipway and the launching of Vessels.
18.8 Obstruction.
No vessel or vehicle may be parked or left so as to obstruct the roadways, walkways, footpaths, slipways, access points or any area in Nichol End. 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 Campervans
Campervans may not be occupied overnight at Nichol End without our express permission.
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 Nichol End 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 authorize 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 Nichol End.
We may require you to remove your vessel from Nichol End 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.
19.4 Daily rate is charged once contract is terminated if the vessel is under Lien.
If the contract is terminated or expires while the Company is exercising a Lien the Company shall be entitled to charge the Owner at the Daily Rate for each day after termination or expiry of this Mooring License up to the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Marina.
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, until the boat is removed or until a contract is formed with the new owner. When a new contract is formed with the new owner, Nichol End will waive the requirement for 13 weeks’ notice to terminate your contract. Please note, Nichol End is not obligated to offer the new owner a space.
21. REGULATIONS
21.1 We may introduce regulations which relate solely to the administration and management of Nichol End, 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.
22 UPDATES
22.1 We reserve the right to update these terms at any time by posting a revised version on our website.
23. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Notice.
24. OTHER IMPORTANT TERMS
24.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will tell you in writing if this happens and it will not affect your rights under the contract
24.2 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.
24.3 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.
24.4 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.
24.5 If a court finds any 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.
24.6 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.
Nichol End Marine, Portinscale, Keswick, Cumbria. CA12 5TY.
Tel: 017687 73082 / 74348 (home). moorings@nicholend.co.uk
Registered address: Nichol End Marine Limited, 2nd Floor, 121 Duke Street, Barrow-in-Furness, Cumbria LA14 1AX
Registered in England & Wales No: 8395361 VAT Registration No: GB157526884