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BELL WEIR BOATS LTD
RICHARD LLEWELYN
MOORING CONDITIONS

These mooring conditions have been designed to protect the rights of Bell Weir Boats Ltd, Richard Llewelyn and the licensee. The licence also protects licensees in regard to nuisance from others.  The mooring conditions are part of the licence to moor and under no circumstances does any form of landlord and tenant relationship arise.  The licensee agrees to abide by the mooring conditions, which are updated from time to time.  Any owner who has moored or stored their vessel with Bell Weir Boats Ltd or Richard Llewelyn is deemed to be a licensee
 
1. DEFINITIONS
 
When the following words appear in these conditions, they have these meanings:
 
Company means the company, Richard Llewelyn or any of its agents or assignees.
Premises means all the land, buildings and water occupied by or under the control of the company.
Owner includes the owner, agent or other person in charge of the vessel.
Vessel includes any form of craft, boat, ship, yacht, dinghy, multi hull, or other marine structure.
Length Overall (LOA) means the overall length of the space occupied by the vessel including any fore and aft projections, temporary or permanent.
Berth means the space on water or land from time to time allocated to the owner by the company for the vessel during the term of this licence
 
2. THE LICENCE
 
Berths at the premises are licensed for the periods and at the rates of charge in force at the commencement of this licence.  Details of the charges applicable to the berth will be given to the licensee at the time that the licence is granted.  Charges may be varied in line with the company’s rates of charge.  This licence will end at the conclusion of the period agreed if not terminated sooner by the company or the licensee under the provisions in these mooring conditions
 
3. PAYMENT
 
A fee (non-refundable) is required in advance when booking a mooring.  Payment of 2 months mooring fees is due at the start of the licence.  Full payment of all licence fees must be made prior to moving a boat onto a mooring.  The Company reserves the right to increase mooring fees at its own discretion and to charge any additional fees to cover full payment of 2 months mooring fees (due regard being made to the initial payment at the start of the licence).  The company reserves the right to charge an additional administration fee of £25 per calendar month for late payment of mooring or any other charges.
 
4. TERMINATION BY THE LICENSEE
 
This licence may be terminated by the licensee by giving one calendar month written notice to the company on the last day of a month.  Following such notice the company will prepare an account of any sums owed by the licensee in respect of services or facilities used up to the intended date of departure of the vessel
 
5. TERMINATION BY THE COMPANY
 
The company has the right to terminate this licence for any reason by giving one calendar month written notice to the licensee on the last day of a month.  Following such notice the company will prepare an account of any sums owed by the licensee in respect of services or facilities used up to the intended date of departure of the vessel.  In the event of a breach of the licence by the licensee, the company, having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the company and / or other people, may serve notice on the licensee specifying the breach and requiring the licensee to remedy the breach within a time specified by the company.  Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of the company, or any other person or property, the time specified for remedy may be immediate or extremely short.  If the licensee fails to effect the remedy within that time, or if the breach is not capable of remedy, the company may serve notice requiring the licensee to remove the vessel from the premises immediately.
 
If the licensee fails to remove the vessel on termination of this licence, whether under this condition or otherwise, the company shall be entitled to charge the licensee at the company’s 24 hour rate for overnight visitors for each day between termination of this licence and the actual date of removal of the vessel and / or at the licensee's risk, to remove the vessel from the premises and secure it elsewhere and charge the licensee with all reasonable costs for doing so.
 
Any notice of termination under this licence will be served personally on the licensee or to the licensee’s vessel or sent by registered post or recorded delivery service to the licensee‘s last known address.
 
6. CONTRACT AND TERMS AND CONDITIONS
 
All licences and licensees are subject to these mooring conditions.  Any amendments to the mooring conditions are effective on being displayed at the company’s premises.  In addition to a failure to adhere to these conditions by a licensee, disorderly conduct by a licensee or his guest or visitors is cause for cancellation of the license.
 
7. PERSONAL NATURE OF THE LICENCE
 
The licence is personal to the licensee and relates to the vessel originally described in the application for berthing.  It may not be transferred or assigned to a new owner or to a different vessel, either temporarily or permanently, without the express written consent of the Company.  Where consent is given, the licensee is responsible for any fees due to the company for the transfer or assignment
 
The licensee shall not seek or agree the sale, transfer or mortgage of a vessel subject to this licence except by prior arrangement with the company.  Where consent is given, the licensee may be required to pay a fee to the company.
 
Prior to the agreement for the sale, transfer or mortgage of a vessel subject to this licence, the licensee must notify the company in writing of the name, address and telephone numbers of the purchaser, transferee or mortgagee.
 
The licensee agrees that any fees unpaid by the licensee on the sale, transfer or mortgage of a Vessel subject to this licence can be recovered through a lien on the vessel and this may result in these becoming immediately payable by the purchaser, transferee or mortgagee and it is the sole responsibility of the Licensee to notify them of this encumbrance.
 
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 arrangement with the company.  The Licensee must notify the company in writing of the details of any change of names of the vessel or change of address or telephone number of the licensee
 
8. LIABILITY, INDEMNITY & INSURANCE
 
Any damage to any part of the premises caused by the licensee, their invitee or pets is the responsibility of the licensee and must be made good to the satisfaction of the company or reasonable compensation paid to the company.  Licensees must maintain adequate insurance including third party liability cover for not less than £2,000,000.  The licensee must produce evidence of such insurance at any time if requested by the company.
 
The licensee must ensure that the vessel does not pollute the premises (for example, toilet discharge).  Where pollution occurs, the licensee will be responsible for the costs off all remedial and decontamination work.
 
The licensee is responsible for maintaining the appearance and condition of their vessel in a condition acceptable to the company.
 
The company is not liable for any loss or damage caused by any event or circumstance beyond its reasonable control (for example, extreme weather conditions, the actions of third parties or any defect in any part of a third party’s vessel); this extends to loss or damage to vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the premises and/or using any facilities or equipment.
 
Vessels, gear, equipment or other goods are left with the company at the owner’s own risk and owners should ensure that they have appropriate insurance against all relevant risks.
 
The company is not under any duty to salvage or preserve a vessel or other property from the consequences of any accident or defect in the vessel or property concerned unless it has been expressly engaged to do so by the owner on commercial terms.  However, the company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment.  Where it does so, it is entitled to charge the licensee concerned on a normal commercial charging basis (and, where appropriate, to claim a salvage reward)
 
9. RIGHTS OF SALE AND OF DETENTION
 
Where the company accepts a vessel, gear, equipment or other goods for repair, refit, maintenance or storage, the company does so subject to the provisions of the Torts (Interference with Goods) Act 1977.  This Act confers a Right of Sale on the company in circumstances where a customer fails to collect or accept redelivery of the goods (which includes a vessel and / or any other property).  Such sale will not take place until the company has given notice to the customer in accordance with the Act.  For the purpose of the Act it is recorded that:
 
Goods for repair or other treatment are accepted by the company on the basis that the customer is the owner of the goods or the owner's authorised agent and that he will take delivery or arrange collection when the repair or treatment has been carried out.
 
The company’s obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation.  The place for delivery or collection of goods shall be the company’s premises unless agreed otherwise
 
Maritime Law entitles the company in certain other circumstances to bring action against a vessel to recover debt or damages.  Such action may involve the arrest of the vessel through the Courts and its eventual sale by the Court.  Sale of a vessel may also occur through the ordinary enforcement of a judgement debt against the owner of a vessel or other property.
 
The company reserves a general right (“a general lien”) to detain and hold onto the licensee’s vessel or other property pending payment by the licensee of any sums due to the company.  If the licence is terminated or expires while the company is exercising this right of detention it is entitled to charge the owner at the company’s 24 hour rate for overnight visitors for each day between termination or expiry of this licence and the actual date of payment (or provision of security) by the licensee and removal of the vessel from the premises.  The licensee is, at any time, entitled to remove the vessel or other property upon providing proper security, for example, a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the company’s prospective legal costs.
 
10. COMMERCIAL USAGE
 
Licensees must not use their vessel or vehicles for commercial purposes on the company's premises except with prior written permission that may include additional conditions
 
11. VESSEL MOVEMENTS
 
The company reserves the right to move or demand that the licensee moves any vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the premises, either temporarily or permanently.
 
An estimate of the company's charges for vessel movements will be provided to the licensee before they enter into an agreement with the company except where the movement has to be completed (at the company's discretion) before an estimate can be given.
 
Vessels must be berthed by the licensee in such a manner and position as the company requires and adequate warps and fenders for the vessel shall be provided by the licensee.  No vessel, when entering or leaving or manoeuvring around the premises, must be driven at such a speed or in such a manner as to endanger or inconvenience other vessels or people at the premises
 
12. ACCESS TO PREMISES / WORK ON THE VESSEL
 
The licensee must not permit any outside surveyor, broker, agent, contractor, tradesman or workman to enter the premises of the company for any purposes whatsoever without obtaining the prior written consent of the company.  If such consent is granted, they must report to the company 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
 
The company reserves the right to charge a fee for entering the premises. Licensees will be informed of the fee and it will be added to their account.
 
Prior written consent will not be unreasonably withheld
 
13. HEALTH, SAFETY AND THE ENVIRONMENT
 
The licensee, his crew, members of his family and any person carrying out work on the vessel are responsible for reporting to the company all accidents involving injury to any person or damage to any public or private property that occur at the premises as soon as possible after they occur.
 
No noisy, noxious or objectionable engines, radio, or other apparatus or machinery must be operated at the premises that causes any nuisance or annoyance to other users of the premises or neighbours.
 
No refuse must be thrown overboard or left on the premises except where designated by the company.
 
14. LENGTH OF BOAT CALCULATION
 
For charging purposes, the length of a vessel is the total length from bow to stern including bathing platforms, davits, tenders kept on davits, bowsprits, anchor rollers and any other parts of the vessel.  All measurements will be rounded up to the nearest whole foot
 
15. ELECTRICITY AND WATER
 
Electricity and water supplies do not form part of the license and the company reserves the right to refuse to supply or to terminate any supply with immediate effect to any licensee whether or not they have used the supply up until that point.  The company does not guarantee continuity of supply and is not responsible for any loss or damage caused by any interruption in supply however such interruption arises.  An electricity service charge will be charged to a licensee with this facility.
 
16. KEYS
 
Any keys for vessels left with company are at the risk of the licensee
 
17. MOORING ALLOCATION
 
The allocation of berths is at the sole discretion of the company.  The location and amount of space allocated for a mooring to each licensee is determined by the company in accordance with their normal practice and the decision of the company is final.  The company may use the berth when it is left vacant by the licensee.
 
18. ENVIRONMENT AGENCY LICENCE AND BOAT SAFETY CERTIFICATES
 
All licensees are reminded that any vessel on the Thames must be licensed in accordance with the requirements of the Environment Agency. Mooring licenses are granted on the condition that Environment Agency conditions are complied with at all times including the maintenance of a valid Boat Safety Certificate where applicable
 
19. PETS
 
Customers who bring pets to the premises, especially dogs, must keep them under strict control in order not to cause nuisance to others or to cause any damage or mess
 
20. RESIDENTIAL USE
 
A vessel berthed or stored at the company’s premises must not be used for permanent residential purposes.  The licensee must not use the company’s premises or their berth or vessel as a postal, forwarding or delivery address or for any other purpose.  The licensee must be in possession of a valid TV Licence if there is a television or other receiving equipment on their boat.
 
21. SAFETY OF MOORING
 
Any warps, fenders or other mooring devices which in the opinion of the company prejudice the safety of the vessel at the premises may be replaced by the company and the costs charged to the account of the licensee.
 
22. TENDERS / SMALL CRAFT
 
Tenders to all vessels subject to a licence must be kept aboard and must not be left elsewhere on the premises without prior company consent.
 
23. VEHICLES AT THE PREMISES
 
A car park has been provided for licensees and they and their guests are expected to use it when available.
 
Licensees and their guests are expressly forbidden from parking anywhere on the premises except the designated car park or from parking in front of or adjacent to neighbours’ property, whether on the public highway or not.
 
No vehicle must be parked anywhere where it blocks other cars or pedestrians or the work of the company whether on the public highway or not.  In these circumstances, the company reserves the right to demand the immediate removal of the vehicle whether on the public highway or not
 
No maintenance work or cleaning must be carried out to any motor vehicle whilst on the company’s premises except for emergency repairs unless with permission of the company.
 
All vehicles at the premises must be fully taxed and insured.  The licensee agrees, in addition to the right of the company to terminate the licence, that any car parked in contravention of these regulations will recompense the company at the rate of £25 per day or part of.
 
24. ADVISORY NOTE
 
Licensees, their guests and crew are advised that vessels are at all times subject to the bye-laws and speed restrictions of the navigation authorities and the requirements and powers of those authorities.