Dart Harbour & Navigation Authority Terms & Conditions

Definitions

In these Terms and Conditions, except where the context otherwise requires, the following terms shall have the meanings set out below:

YOU, YOUR, YOURSELF mean the owner, charterer, master or other person for the time being in charge of the VESSEL, or any other person or corporate entity whether as principal or agent, has entered into this AGREEMENT with US.

WE, US, OUR means Dart Harbour & Navigation Authority.

AGREEMENT means OUR MOORING LICENCE, agreement to provide SERVICES, invoice, and/or any other licence, approval, permit, authorisation, or contractual arrangement issued by US in relation to the use, occupation, berthing, mooring, storage, access to, or operation within the HARBOUR. This includes, without limitation, any current or future category of LICENCE or agreement that WE may issue from time to time.

BERTH means the pontoon mooring, buoy mooring, running mooring, dinghy rack, anchorage, or any other space or facility – whether on the water or associated with the HARBOUR – allocated by US for the use of the VESSEL during the TERM, or otherwise used by the VESSEL from time to time with OUR consent. The initial BERTH allocated to YOU is the one identified on the relevant invoice, subject to any subsequent changes or reallocations made by US.

CHARGES includes all HARBOUR DUES, Mooring Fees, Fundus Rental, Passenger, Cargo and Fish Dues, Fees for SERVICES, administrative charges and all other amounts specified in OUR latest Schedule of Charges, Dues and Fees. CHARGES also includes any other fee or sum levied by US upon YOU, together with any third-party costs incurred by US on YOUR behalf, whether expressly stated in the AGREEMENT or arising in connection with the VESSEL’S use of the HARBOUR or OUR facilities or services.

HARBOUR means the tidal waters of the Dart to the limits of jurisdiction, including all Harbour Premises as defined in the Dart Harbour & Navigation Act 1975.

HARBOUR DUES mean CHARGES for ship, tonnage, passenger and goods dues payable to US under section 26 of the Harbours Act 1964 for any VESSEL using the harbour, which cover the cost of the exercise and performance of OUR statutory powers and duties and improving, maintaining or managing the HARBOUR.

MASTER means the person, whether or not certificated, for the time being in

charge of or in control of a VESSEL.

MOORING LICENCE means the licence to use a BERTH for the TERM granted under this Agreement.

OWNER means the person or persons who are, for the time being, entitled to the possession and control of the vessel, whether as legal owner, charterer, lessee, or any other party holding possessory rights.

SEAWORTHY means in relation to any VESSEL plying within the HARBOUR jurisdiction, means that the VESSEL is, at all relevant times, fit in every respect for safe navigation within the HARBOUR Limits and adjacent waters. WE may determine a VESSEL to be unseaworthy if, in OUR reasonable opinion, the VESSEL’S condition or operation presents a risk to safety, navigation, property, or the environment.

SERVICES means the provision by US, OUR servants, or agents of pilotage, towing, craning, carriage of cargo, line handling, ship agency, salvage, chandlery, mooring servicing, yacht taxi services, space or equipment hire, and any other marine‑related or other services. This includes, without limitation, any additional or future services of a marine or harbour operational nature that WE may offer, arrange, or otherwise make available from time to time.

TERM means for annual moorings OUR charging period which runs from 1st April to the following 31st March of each year, or the agreed period for other moorings.

VESSEL means the VESSEL and/or VESSELS deemed to be under YOUR control and/or named on the Invoice. It includes any ship, boat, houseboat, raft or watercraft of any description, constructed or adapted for floating on or being submerged in water (whether permanently or temporarily) as defined by the Dart Harbour & Navigation Act and Orders 1975 to 2021.

WORKBOAT means a vessel, including a Tug or Tender owned or operated by US and used in the provision of marine SERVICES.

General conditions

1. General

1.1: These Terms and Conditions set out the basis on which WE operate.
1.2: By navigating the VESSEL in the HARBOUR, mooring the VESSEL on a BERTH, using OUR SERVICES, using OUR yacht taxi or paying OUR invoice YOU accept the terms and conditions set out in these Schedules.
1.3: YOU warrant that YOU are the legal and/or beneficial OWNER and/or MASTER of the VESSEL, or are acting as the appointed agent of the OWNER of the vessel, and YOU have full power to enter into this AGREEMENT, including on behalf of crew, passengers, guests and visitors on the VESSEL.
1.4: YOU shall at all times act in a reasonable manner towards US, OUR staff and other users of the HARBOUR and shall at all times observe and comply with the Dart Harbour and Navigation Byelaws, General Directions and any Special Directions, and shall ensure that YOUR party including crew, passengers, guests and visitors are aware of and comply with these terms and conditions herein, byelaws and directions.
1.5: If the VESSEL is directed to enter the HARBOUR by the Secretary of State’s Representative or by any other person legally entitled to do so, YOU will be required to pay all CHARGES.
1.6: WE may at our absolute discretion refuse any application for or renewal of a LICENCE or provision of a SERVICE without giving any reason for doing so.
1.7: For details on how we collect, use, and protect your personal data, please refer to our Protecting Your Privacy Policy available on our website.
1.8: Section headings are included for convenience only and shall not affect the interpretation of any provision.
1.9: WE may update these terms from time to time, and the version on OUR website is the current version. If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.
1.10: This AGREEMENT shall be governed by, and construed in accordance with, the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the English courts in respect of any claim or dispute arising out of or in connection with this AGREEMENT. No claim or proceedings may be brought in any jurisdiction other than England, provided that either party may, in any jurisdiction where the other party’s vessel or property is located, commence proceedings for the purposes of obtaining security, including by way of arrest or any similar remedy against such vessel or property.
1.11: If any term or condition is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions.

2. Payment

2.1: Payment of all CHARGES should be made to US in accordance with the dates specified on the invoice. Failure to make such payment may result in US terminating the AGREEMENT with YOU with all and full CHARGES remaining due and subject to these Terms and Conditions.
2.2: It is YOUR responsibility to ensure that payment is made for all CHARGES, by contacting US during opening hours as published in the Harbour Guide, website and at OUR offices, no later than the close of business on the next working day after arrival. Failure to do so may result in an administration CHARGE. WE reserve the right to charge interest on any amount which is overdue by more than 14 days at the rate of 4% above Barclays Bank Plc base rate from time to time.
2.3: Should payment not be made in accordance with the above condition, WE reserve the right to cancel any unpaid invoice for discounted or annual harbour dues or mooring and instead charge the daily visitor rate as specified in the current tariff.
2.4: WE have special statutory rights and powers in relation to late payment. These rights are not affected by the terms of the AGREEMENT.
2.5: If YOU refuse or neglect to pay any HARBOUR DUES payable, then in line with clause 44 of the Harbours, Docks & Piers Clauses Act 1847, WE may go on board the VESSEL and demand such rates, and on nonpayment thereof, or of any part thereof, take, distrain, or arrest, of OUR own authority, the VESSEL, and the tackle, apparel, and furniture belonging thereto, or any part thereof, and detain the matters so distrained or arrested until the rates are paid; and in case any of the said rates shall remain unpaid for the space of seven days next after any distress or arrestment so made, WE may cause the matters so distrained or arrested to be appraised by two or more sworn appraisers, and afterwards cause the matters distrained or arrested, or any part thereof, to be sold, and with the proceeds of such sale may satisfy any rates so unpaid, and the expenses of taking, keeping, appraising, and selling the matters so distrained or arrested, rendering the overplus (if any) to YOU upon demand.
2.6: If you make payment for an amount smaller than the total amount YOU owe US, WE will decide how to assign the payment to invoices.
2.7: All CHARGES are rounded up to the nearest half metre, and are based on length overall (LOA), which means the overall length of the space occupied by the VESSEL including any fore and aft projections, temporary or permanent, including pushpits, pulpits, bowsprits, bumpkins, davits, tilted outboard, rudders etc.
2.8: Any claim for refunds or credits against CHARGES must be made within 12 months.

3. HARBOUR DUES

3.1: YOU are required to pay harbour dues if the VESSEL enters the HARBOUR.
3.2: Harbour Dues are charged at a standard daily rate.
3.3: Discounted Harbour Dues rates (for annual berth holders and frequent visitors) and exemptions (for vessels under 4m not fitted with more than 40hp, vessels whose only means of propulsion is sail or oars, HM ships, Safety vessels, RNLI vessels, and vessels taking part in organised events) are available at OUR discretion.
3.4: If amounts owing to US are not paid promptly and/or YOU do not comply with these conditions, WE may withdraw any offer of discounted or exempt harbour dues, and charge at a daily rate.

4. Liability & Insurance

4.1: YOU use the HARBOUR and any allocated BERTH at your own risk except that nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot legally be excluded or limited.
4.2: In any event WE will not be responsible or liable for the consequences of force majeure, including but not limited to, war or warlike operations, riots, civil commotions, acts of terrorism or sabotage, piracy, capture, seizure, acts of God, any disease, computer malware, the failure of autonomous systems, computer hacking, phishing, any government requisition, intervention, requirement or interference, blockades or embargoes, fires, accidents, explosions, or (whether WE are a party thereto or not) strikes, lockouts, disputes, stoppages, labour disturbances, or other industrial action or anything done in contemplation or furtherance thereof.
4.3: WE shall not, under any circumstances, have any liability to YOU or any third party for consequential or indirect loss, damage, delay or detention.
4.4: YOU shall ensure that the VESSEL and YOURSELF are insured against third party and public liability risks throughout the TERM, for not less than £2M per incident including wreck removal, counter pollution and salvage costs and, if appropriate, for Employer’s Liability Insurance. YOU shall, if requested, be obliged to produce evidence to US of all such insurances within 2 days of being requested to do so by US.
4.5: Nothing contained in these conditions shall limit, prejudice or preclude in any way any legal rights which WE may have against YOU including, but not limited to, any rights which WE or OUR servants or agents may have to claim salvage remuneration or special compensation for any extraordinary services rendered to vessels or anything aboard vessels by any WORKBOAT. Furthermore, nothing contained in these conditions shall limit, prejudice, or preclude in any way any right WE may have to limit OUR liability.
4.6: If YOU or the VESSEL cause any damage, injury or pollution to any person, vessel, harbour infrastructure, habitat or any other property within the HARBOUR, YOU must notify US immediately. YOU agree to pay the reasonable costs incurred by the affected party to remedy such damage. YOU also consent to US disclosing YOUR contact details to the affected party for the purpose of resolving the matter.
4.7: If responsibility for the incident is unclear, and no investigation is undertaken by the Maritime & Coastguard Agency, Marine Accident Investigation Branch, Police or Health & Safety Executive, YOU agree that WE may conduct an independent investigation, or appoint an independent person to do so, to determine the most likely cause of the incident and the resulting liability for any damage, injury or pollution.
4.8: In such an event, YOU undertake not to bring, or cause to be brought, any proceedings whatsoever against any of OUR servants, agents, contractors or sub‑contractors (of any tier), or their personnel. All exceptions, exemptions, defences, immunities, limitations of liability, indemnities, privileges and conditions afforded to US by these conditions, or by any applicable statute, rule or regulation, shall apply equally for the benefit of OUR servants, agents, contractors, sub‑contractors (of any tier) and their personnel, whether or not they are deemed to be YOUR servants under Clause 9.1, and regardless of any negligence or fault on their part.

5. VESSEL Condition

5.1: YOU shall ensure that the VESSEL is SEAWORTHY for the duration of this agreement. If the VESSEL is deemed unseaworthy by US WE may issue directions, impose operational restrictions, or require the VESSEL to be removed, repaired, or otherwise made safe before movement or continued use within the HARBOUR.
5.2: WE may require you to commission a survey report (at your expense) to demonstrate that the VESSEL is SEAWORTHY.
5.3: The VESSEL must be reasonably maintained and kept clean and tidy, including an inspection and cleaning of the VESSEL’S underwater hull at least every two years. The condition of the VESSEL including but not limited to, the hull, railings, bilges, fenders, lines, spars and tender must not pose a danger to other river users or the environment;
5.4: YOU or YOUR agent should inspect the VESSEL at least weekly, more often if bad weather is forecast.
5.5: Heavy maintenance may not be carried out on BERTHS without OUR permission
5.6: Where a VESSEL is temporarily not SEAWORTHY, or in a poor condition, due to breakdown, refit or other incapacitation, YOU must inform US. WE will then inform YOU of any additional requirements for this period.
5.7: Allowing the VESSEL to be in an unseaworthy condition upon which WE determine it requires salvage, urgent work, adjustment to moorings or other intervention shall be deemed by US to be an implied request for OUR SERVICES.

6. Change of ownership

6.1: This AGREEMENT and the rights arising from it are personal to YOU and apply solely to the VESSEL specified. They may not be transferred or assigned to any new owner or to any other VESSEL, whether temporarily or permanently, without OUR express written consent. No person who is not a party to this AGREEMENT shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
6.2: YOU must notify US in writing of the details of any change of name of the VESSEL or change of address, telephone number and email address and/or such details of any new owner.
6.3: In the event of a partial transfer of ownership, WE reserve the right to verify that the change of control is a genuine arm’s‑length transaction and not an attempt to bypass any mooring waiting list.

7. Waiting List

7.1: WE operate a deposit‑based waiting list system for the allocation of BERTHS. If applicable applications by YOU for a main leisure BERTH are required to pay a refundable deposit of £150.00, and for a running mooring or dinghy rack/pontoon space YOU are required to pay a refundable deposit of £50.00. The maximum total deposit payable per application is £200.00.
7.2: Deposits are refunded either upon the allocation of a BERTH or upon YOUR request to be removed from the waiting list. Refunds will only be issued to YOU by the method determined by US.
7.3: A non‑refundable registration fee applies to each BERTH applied for. This is payable in addition to any deposit and is not offset against future mooring CHARGES.
7.4: A waiting list position, together with any associated deposit, is personal to YOU – the named applicant – and is strictly non‑
7.5: As applicant YOU are required to provide accurate and complete contact details, together with current VESSEL information or the intended VESSEL type, at the point of application. Any changes to contact details must be notified to US without delay. Failure to respond to correspondence or to maintain up‑to‑date contact information may result in YOUR removal from the waiting list without further notice.
7.6: The deposit is held solely as a good‑faith commitment by YOU to accept a BERTH when offered and does not constitute a prepayment of CHARGES, nor does it guarantee the allocation of a BERTH within any specified timeframe.
7.7: WE reserve the right to reasonably amend deposit amounts, waiting list procedures, and any associated terms and conditions at OUR reasonable discretion. Any such changes will be communicated to YOU with reasonable notice, and continued use of the waiting list shall constitute acceptance of the revised terms.
7.8: YOU may be removed from the waiting list where YOU breach harbour regulations, engage in abusive or inappropriate behaviour towards US, fail to maintain accurate and current contact information, repeatedly decline suitable BERTH offers, or fail to respond to required confirmations within the specified timeframe. Refund eligibility in such circumstances will be determined in accordance with these terms and the refund conditions set out above.

8. Termination

8.1: WE may, without prejudice to any other rights or remedies available to US in respect of any breach by YOU of this AGREEMENT, terminate this AGREEMENT in accordance with the provisions of Clause 5 in the event of any such breach by YOU. Having regard to the nature and seriousness of the breach and the risk it poses for the safety of navigation, financial or other security of US and/or of users of the HARBOUR and if the breach is capable of remedy, WE may serve notice on YOU requiring him to remedy the breach within a specified time. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short. If YOU fail to effect the remedy within that time, or if the breach is not capable of remedy, WE may serve notice on YOU requiring YOU to remove the VESSEL from the BERTH and/or HARBOUR immediately.
8.2: If YOU wish to relinquish the BERTH during the TERM, WE will use reasonable endeavours to find an alternative AGREEMENT for the BERTH. However until such time as a new licence for the BERTH has been AGREED YOU remain responsible for payment of the CHARGES. If WE confirm a new AGREEMENT is in place an administration CHARGE equal to one month’s BERTHING CHARGE will be made and a proportionate refund will then follow. For example, if in June a BERTH is relinquished and re-let from the 1st of July a refund from the 1st August to the 31st March may be applicable (8/12ths of the BERTHING CHARGE paid). If you relinquish the BERTH after 31st August WE will not normally be able to give any refund.
8.3: Notice of termination by US shall be served by letter or email to the address provided by YOU. Notice of termination by YOU shall be served by email to [email protected]
8.4: If YOU fail to remove the VESSEL on termination of the AGREEMENT for any reason, WE shall be entitled: to:
- 8.4.1: charge YOU at the daily rate for overnight visitors or unattended visitors for each night between termination of the AGREEMENT and the actual date of removal of the VESSEL from the BERTH; and/or
- 8.4.2: remove the VESSEL at YOUR risk from the BERTH and secure it elsewhere afloat or ashore and charge YOU with all fees and expenses arising out of the removal including alternative berthing fees, craning out and storage charges
8.5: On relinquishment of a BERTH, YOU will simultaneously relinquish any related tender berth

Additional Terms and Conditions for SERVICES

The following terms and conditions apply in addition to the general terms and conditions stated herein

9. SERVICES – General & Liability

Whilst carrying out SERVICES at YOUR request, express or implied:

9.1: The master and crew of the WORKBOAT shall be deemed to be YOUR servants and under YOUR and accordingly, YOU shall be vicariously liable for any act or omission by them, except that YOU shall not be vicariously liable for any harm or loss caused by an act or omission of any such person if it is proved that the person committed the act or omission with the intent to cause such harm or loss or recklessly and with knowledge that such harm or loss would probably result.
9.2: Marine SERVICES may require the WORKBOAT to come alongside the VESSEL, make use of its cleats, adjust moorings, run tow lines, or undertake other standard manoeuvres, all of which may result in minor or superficial damage to a VESSEL that is not sufficiently robust for such operations. WE shall not be liable for minor or superficial damage arising from these ordinary and necessary operational activities.
9.3: WE shall not (except as provided in Clause 9.5.1) be responsible for or liable for
- 9.3.1: damage of any description done by or to the WORKBOAT; or done by or to the VESSEL or done by or to any cargo or other thing on board or being loaded on board or intended to be loaded on board the VESSEL or the WORKBOAT; or to any other object or property;
- 9.3.2: loss of the WORKBOAT or the VESSEL or of any cargo or other thing on board or being loaded on board or intended to be loaded on board the VESSEL or the WORKBOAT or any other object or property; or
- 9.3.3: any claim by a person not a party to this agreement for loss or damage of any description whatsoever (including death or personal injury); howsoever caused.
9.4: Except as provided in Clause 9.5, YOU shall be responsible for, shall pay, and shall indemnify US against all loss, damage, or expense, including personal injury or death, and any claims of whatsoever nature and howsoever caused, whether direct or indirect and whether or not falling within Clause 9.3, suffered by US or made against US. This indemnity includes, without limitation, any loss of or damage to the WORKBOAT or to OUR property.
9.5: The provisions of Clause 9.3 & 9.4 hereof shall not be applicable in respect of any claims which arise in any of the following circumstances:-
- 9.5.1: Where YOU have proven that the loss has resulted from OUR personal act or omission committed with the intent to cause such harm or recklessly with the knowledge that such harm would probably result.
- 9.5.2: All claims which arise when the WORKBOAT, although having commenced marine SERVICES, is not in a position of proximity or risk to or from the VESSEL, is detached from the VESSEL, is not carrying YOU, YOUR party, or YOUR property, is not carrying out YOUR request and is not proceeding to or from the VESSEL in hazardous conditions or circumstances.
9.6: This clause shall cover a period commencing when the WORKBOAT is in a position to commence operations, and ending when the WORKBOAT has ceased operations and is safely clear, including all times when YOU, YOUR party and your equipment or cargo are onboard the WORKBOAT.

10. Pilotage

10.1: Pilotage is provided under the conditions of OUR (Dart Harbour) Pilotage Directions.
10.2: Pilotage in the HARBOUR is provided by independent pilots who are not OUR employees
10.3: In OUR capacity as Pilotage Authority, WE are only liable for any loss or damage to any VESSEL to the extent and within the limits provided by the Pilotage Act 1987, as from time to time amended.

11. Towage

11.1: Where WE act solely as an intermediary between YOU and another tug owner, the contract for such services shall be between YOU and that tug owner and shall, unless otherwise agreed, incorporate the latest edition of the UK Standard Conditions for Towage and Other Services as published by the British Tugowners Association. WE act only as agent and give no warranty as to the quality, suitability, or performance of the tug owner or its services. WE shall have no liability to YOU in relation to the acts or omissions of the tug owner or its servants. Any liability arising from their services shall be solely that of the tug owner under the applicable contract conditions.

12. Salvage

12.1: If the VESSEL is wrecked, swamped, capsized, liable to sink or otherwise requires pumping out, firefighting, or other urgent attention, WE may board the vessel and undertake works which WE believe are required for safety or environmental protection, though WE may not be required to do so. WE will make CHARGES for these works at OUR normal tariff rates.
12.2: Where WE believe in our professional opinion it is necessary to lift the VESSEL out of the water, WE may engage a boatyard to do this on YOUR behalf. YOU will be liable to the boatyard for all their reasonable costs and charges.
12.3: If WE carry out salvage or urgent work to the VESSEL, WE shall not be liable for any loss or damage arising from such operations except to the extent that such loss or damage is caused by OUR negligence or wilful misconduct

13. Drying Grids

13.1: YOU are responsible for ensuring YOUR vessel is able to safely use the drying grids, and that YOUR use of the grid does not risk public safety.
13.2: YOU must not use the drying grids without permission and a briefing from US.
13.3: YOU must not use the drying grids overnight without specific permission from US.
13.4: YOU shall ensure that no pollution or contamination arises from YOUR use of the drying grids, including (without limitation) the release of antifouling paint, paint dust, debris, cleaning residues, or any material capable of introducing invasive or non‑native species into the HARBOUR. If, following YOUR use, the drying grids and/or HARBOUR are left in a contaminated, dirty, polluted or otherwise substandard condition, WE may apply a clean‑up fee and any other related CHARGES reasonably incurred in restoring the grids and/or HARBOUR to an acceptable condition.

14. Yacht Taxi

14.1: The Yacht Taxi Service operates within the HARBOUR and runs during the day and into the evening, with current operating times published on OUR website and in the Harbour Guide and subject to change.
14.2: WE can collect or drop YOU at YOUR VESSEL – provided it is safely accessible – or at designated locations around the HARBOUR. YOU must be ready to board at the agreed location, and if YOU are not present or cannot be safely embarked, the skipper may depart and the fare may still be payable. The skipper’s judgement on safe access, boarding and seating is final.
14.3: YOU are liable for all CHARGES associated with use of the Yacht Taxi Service. Fares may change from time to time, Payment is required at the time of travel by the methods WE accept. WE will refuse carriage if payment is not made.
14.4: The service may be delayed, suspended or cancelled without notice where necessary due to weather, tide, breakdown, or any other reason, and WE are not responsible for the costs or inconvenience caused by such disruption except where arising from OUR negligence or wilful misconduct. Where possible, WE will provide updates via OUR usual communication channels.
14.5: Passengers must follow all instructions given by the skipper or crew, including those relating to boarding, seating, lifejackets and safe movement. WE may refuse carriage or require YOU to disembark if YOUR behaviour is unsafe, disruptive or otherwise inappropriate. Hazardous or illegal items are not permitted, and the skipper may inspect or refuse items where needed. Children and vulnerable persons must be supervised at all times, and lifejackets must be worn when instructed.
14:6: Luggage, pets and personal items may be carried at YOUR risk and at the Skipper’s discretion. They must be manageable, safely stowed and suitable for carriage; oversized or heavy items may be refused. YOU remain responsible for YOUR belongings throughout the journey.
14.7: WE aim to assist YOU with access needs where reasonably practicable, but embarkation and disembarkation may be limited by tide, swell, weather, berth height or the design of YOUR vessel. YOU should inform US in advance of any accessibility requirements so that WE can advise on feasibility.
14.8: YOU must ensure YOUR vessel is prepared and safe for transfer, including appropriate fendering and line handling, and YOU must not board or disembark until instructed. YOU must comply with Harbour Byelaws, OUR directions and any relevant navigational safety rules.
14.9: WE are not liable for any loss, injury or damage arising from use of the Yacht Taxi Service except where caused by OUR negligence or wilful misconduct. WE are not liable for indirect or consequential losses, and OUR total liability per incident is limited to the total fares paid for the affected journey or journeys.

Additional Terms and Conditions for use of all BERTHS

The following terms and conditions apply in addition to the general terms and conditions stated herein.

15. MOORING LICENCES

15.1: All BERTHS are provided on a MOORING LICENCE basis.
15.2: WE retain all rights of possession in respect of the BERTH, save in respect of any BERTH over fundus or foreshore which is owned or leased by YOU.
15.3: The MOORING LICENCE created by this AGREEMENT shall not be automatically renewed but will end on conclusion of the TERM unless terminated sooner by under the provisions of Clause 8 of these terms and conditions.
15.4: Annual MOORING LICENCES run from 1st April to the following 31st March of each year. If YOU are offered a BERTH before March, WE will send you an invoice for a BERTH deemed a ‘Renewal Fee’ of £200 to secure the BERTH. This will usually be sent out at the beginning of January, unless the offer is made later. The £200 will then be deducted off YOUR main invoice which WE send out annually around 1st March. Please note that the ‘Renewal Fee’ is not refundable should YOU cancel before taking up the BERTH offer. Mud Moorings, dinghy berths/racks and running moorings are not subject to the ‘Renewal Fee’.
15.5: At any time when the BERTH is not occupied by the VESSEL, WE shall be free to permit its use by any other vessel without paying compensation or giving any discount to YOU.
15.6: The physical layout of the HARBOUR and OUR varying needs and obligations and those of other users of the HARBOUR require that WE retain absolute control of BERTH allocation save in respect of any BERTH over fundus or foreshore which is owned or leased by YOU. YOU shall not be entitled to the exclusive use of any particular BERTH but shall use such BERTH as is from time to time allocated to YOU by US.
15.7: WE reserve the absolute right to refuse and/or revoke the use of a BERTH for the VESSEL.
15.8: Subletting of any BERTH is not permitted under any circumstances unless agreed in writing by US.

16. Mooring Arrangements

16.1: YOU are responsible for ensuring that the BERTH is suitable for the VESSEL at all conditions of tide and weather, and ensuring the VESSEL is adequately moored and correctly fendered. YOU must check mooring lines regularly for chafing.
16.2: YOU are referred to any specific technical information and advice associated with different berth types and mooring categories WE have supplied to YOU.
16.3: WE may, at OUR sole discretion, require VESSELS berthed at any BERTH to raft alongside or permit other VESSELS to raft alongside them
16.4: WE may inspect and adjust YOUR mooring ropes, chains, anchors, fenders and other associated equipment and/or move the VESSEL’s position in the BERTH or tow the VESSEL to a different BERTH, if we believe this is necessary for safe and efficient mooring of the VESSEL or other vessels, or to carry out maintenance of the BERTH.
16.5: If WE amend or adjust YOUR mooring or BERTHING arrangements as described above, WE shall not be liable for any loss or damage arising from such adjustment, except where: (a) WE failed to notify YOU of the adjustment; and (b) the VESSEL was properly and safely moored immediately prior to the adjustment. WE recommend YOU do not use a padlock, chain or other similar method to secure the VESSEL to the BERTH If YOU do so, WE may cut and/or remove this without notice or compensation if WE need to move the VESSEL for whatever reason.
16.6: Weighted line shall be used for running moorings in congested areas.
16.7: Tenders must be kept on allocated tender BERTHS or racks, on short-stay pontoons for no longer than the period indicated on signage, or within the main BERTH of the boat, in such a way so as not to impact neighbouring boats.
16.8: If YOU use a BERTH without OUR agreement and/or payment of the appropriate fee, or if the VESSEL is unable to be identified due to not being clearly marked with its name or identification plaque, WE may tow the VESSEL off the BERTH at your risk and make CHARGES for this recovery.

17. Damage to the VESSEL

17.1: OUR BERTHS are fitted with metal fittings such as cleats, ladders, buoy rings and chains. WE are not responsible for any chafing, scuffing etc caused by these fittings. YOU should provide adequate fenders.
17.2: WE undertake routine maintenance of BERTHS. This may require our WORKBOAT to come alongside the VESSEL, reposition or tow the VESSEL, pressure-wash pontoons, or otherwise operate in ways that could cause minor damage to a VESSEL that is not sufficiently robust. WE shall not be liable for minor damage arising from such standard maintenance activities.
17.3: WE provide shore power on certain BERTHS. WE accept no responsibility for any loss or damage resulting from interruptions to this electrical supply, nor for any damage or injury arising from the condition or use of YOUR electrical equipment.
17.4: The HARBOUR is a natural environment. WE are not responsible for any damage caused by wildlife, floating logs or other debris

Additional Terms & Conditions for use of specific BERTH types.

The following terms and conditions apply in addition to both the general terms (clauses 1-8) and conditions and the conditions for all berth types (Clauses 15-17) stated herein

18. Visitor BERTHS

18.1: Visitor BERTHS are provided exclusively for bona fide visiting vessels. If YOU occupy a visitor BERTH as a long‑term BERTH, or if YOU leave the VESSEL unattended for more than 48 hours, WE reserve the right to apply the higher “Unattended Visitor” rate.
18.2: Visitor BERTHS must be vacated by 12:00 unless a fee is paid for the following night. WE may waive this requirement at OUR sole discretion during periods of low demand.

19. Annual BERTHS

19.1: Annual MOORING LICENCES are for the TERM unless the MOORING LICENCE is for an alternative period.
19.2: Where you have complied with these conditions, and the mooring is available, WE will usually offer you a MOORING LICENCE for a BERTH in the following year. If YOU wish to renew your MOORING LICENCE for the following year, WE may ask you to pay a renewal fee. This must be paid by 31 January to reserve YOUR BERTH from 1 April, and the amount will be discounted off the mooring fees.
19.3: It is mandatory for YOU to appoint an agent. This can be a friend or a professional, but they must have agreed to act as YOUR agent. A list of professional agents is available from US. An agent is a locally based person who can act on YOUR behalf at such times that YOU are unavailable to tend the VESSEL. If YOU have not informed US of your agent, then if WE are unable to get in contact with YOU regarding any issue, WE may carry out such actions or work as WE deem necessary, and charge YOU the appropriate CHARGES.
19.4: The VESSEL must be primarily based at the BERTH. YOU may not simultaneously hold an annual berth for the VESSEL at another marina or harbour. The VESSEL must also be used regularly, meaning it should vacate and return to the BERTH on multiple occasions during each year
19.5: The VESSEL must be of a size and design such that it is able to be lifted out of the water at one of the boatyards in the HARBOUR. This requirement may be waived for commercial vessels that are coded such to be able to reach a suitable alternative boatyard.
19.6: Certain BERTHS are identified as being unsuitable for winter berthing. These BERTHS may not be used between 1st November and 30th March. WE may assign YOU another BERTH during this period, in which case it is YOUR responsibility to move the VESSEL promptly. Additional BERTH CHARGES may be charged if you remain on an alternative BERTH after 30th March.

20. BERTHS specifically allocated to Commercial Vessels (including OUR BERTHS and Private Tackle Moorings)

20.1: The VESSEL must genuinely be used primarily for commercial purposes and coded accordingly.
20.2: The business entity owning or operating the VESSEL must be an actively trading commercial or legal commercial entity. Indicators of active trading may include regular VESSEL commercial use, up-to-date statutory filings, maintained insurance, a functioning website or public presence, or evidence of ongoing business operations. WE may request reasonable evidence of active trading.
20.3: If the VESSEL carries passengers, including whilst stationary on the BERTH, it must have appropriate certificates and safety operations
20.4: Any significant change in the type of business must be approved by US.
20.5: In the event that a business that uses a commercial VESSEL BERTH is to be sold to a new owner WE are to be notified in writing in advance and will normally issue a new MOORING LICENCE to the new owner of such a business providing that OUR conditions for re-issue are met.

21. Private Tackle MOORING LICENCES,

21.1: A Private tackle MOORING LICENCE means a licence granted by US by which YOU are licenced to have YOUR own mooring tackle laid at the BERTH and to use that tackle for the VESSEL. It includes individual Private Tackle MOORING LICENCES, Private Tackle Running MOORING LICENCES, Private Tackle Commercial MOORING LICENCES and Private Tackle Commercial Multiple MOORING LICENCES.
21.2: Each BERTH must be marked with an appropriate identification number.
21.3: The BERTH is to be kept in good order. If the mooring falls into a state of disrepair it will not be re-licensed. The BERTH shall be fully inspected annually or as WE may reasonably require at YOUR expense. WE may require a certificate from a competent person as to the adequacy of the mooring and the state of the maintenance thereof.
21.4: Failure to remove an unlicensed BERTH from the river within fourteen days of the expiry of a licence will result in US lifting the mooring at YOUR expense, CHARGES billed to YOU for immediate payment to US.
21.5: If YOU are required to reposition or relay the tackle at another position in the HARBOUR at OUR direction, WE will offer to affect the movement at cost.
21.6: Private Tackle Running MOORING LICENCES for running moorings attached to private property to which there is no public right of access will normally be issued to the property owner unless the property owner notifies US in writing that the licence is to be issued to a nominated third party.
21.7: In addition, for Private Tackle Commercial Multiple MOORING LICENCES:
21.8: Each BERTH (including each space on a pontoon) will be licensed for one vessel only. Each BERTH on a pontoon requires a separate licence.
21.9: Each BERTH may only be used by VESSELS the details (including contact details of the owner) of which have been given to US prior to the use of any mooring or BERTH.
21.10: In the event that a business that uses multiple licensed moorings is to be sold to a new owner WE are to be notified in writing in advance and will normally issue new licences to the new owner of such a business providing that OUR terms and conditions for re-issue are met and the moorings are re-licensed to the new owner en-bloc. Any moorings that the new owner does not wish to assume will be relinquished.

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