Terms and Conditions

Where the following words appear in these Conditions they shall have these meanings:-
Association shall mean Poole and District Fisherman’s Association.
Administrator shall mean the person appointed by the Poole and District Fisherman’s Association to allocate berths and collect berthing fees.
Commissioners shall mean Poole Harbour Commissioners.
Haven shall mean the marina, mooring and other facilities for mooring or berthing Vessels known as Poole Quay Boat Haven, Poole, Dorset.
Manager shall mean the Manager for the time being of the Haven appointed by the Commissioners.
Staff means staff employed by the Commissioners  at the Haven
Premises means all the land, adjacent water and buildings occupied by or under the control of the Commissioners at or used by the Haven, including docks, slipways, Pontoons, jetties, quays, piers, sheds, workshops, and hard-standing
Owner shall include any master, agent or other person for the time being in charge of a Vessel.
Vessel shall include any form of craft, boat, ship, yacht, dinghy, multi-hull, or other marine structure which is in the care and control of the Owner.
Length Overall 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 an Owner by the Administrator or Manager for the Vessel, the fee for which shall be the Berthing Fee.
Rules and Regulations shall mean the rules and regulations of the Association as amended from time to time.
Pontoon means a moored and decked floating structure providing landing or mooring facilities.
Waters means the waters of Poole Harbour.

General Conditions

1. Berths in the fishermen’s part of the Haven will be allocated at the Administrator’s discretion in accordance with the Association’s guidelines as published from time to time.
2. Berths will usually be allocated with priority given firstly to registered fishing vessels and shellfish farming vessels, secondly to commercial coded charter vessels and thirdly to unregistered work boats, but subject at all times to the Administrator’s discretion..
3. No Owner has any right to any specific Berth. Owners can request a specific Berth but this is not guaranteed. Owners are not entitled to the exclusive use of any specific Berth and shall use such Berth as is allocated to them by the Administrator or Manager from time to time. No Owner may leave any property at the Haven or the Premises without the prior written consent of the Association. Any property or equipment (including boats) not so authorised may be removed by the Association and disposed of.  
4. All Owners should ensure that their Vessel’s name is clearly visible at all times.
5. No dangerous, flammable, poisonous, obnoxious substance, spirit oil or fluid shall be brought into the Haven except in appropriate and properly secured containers secured against leakage and must be placed in the area designated for such purpose. Vessels shall not be re-fuelled and fuel should not be transferred within the Haven.
6.  Owners must comply at all times with all of the Rules and Regulations, and in the event that Owners do not so comply or breach these terms and conditions the Association may, where applicable, terminate the Owner’s membership and their rights under these terms and conditions.
7. No oil, paint or other similar substance shall be discharged into the Waters.
8. No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated so as to cause any nuisance or annoyance to any other users or to any person residing in the vicinity and the Owner shall not and shall procure that  his guests and all using the Vessel shall not behave in such a way as to offend as aforesaid in this clause 8. Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance. Noise shall be restricted after 2300 hours by all Owners. Owners and other persons not adhering to this condition may be requested to leave by the Manager or the Association and shall risk having their berth and (where applicable) membership of the Association forfeited.
9. Cycling on the Pontoons is forbidden.
10. Swimming, diving and fishing and underwater cleaning or valeting of Vessels are all prohibited.
11. Open fires/stoves & barbecues are not permitted on Vessels or on Pontoons.
11.1 Fireworks, sparklers or any type of pyrotechnic shall not be used or disposed of within the Haven
12. Owners shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and shall ensure it is fit for purpose for the Vessel and ready for immediate use in case of fire.
13. Dogs must be kept on a leash and must not be allowed to foul or cause a nuisance. Owners are responsible for clearing up any fouling and disposing of it in an appropriate manner and not into the Waters. Any Owners or other persons found allowing their dog/animal to foul will be fined.
14. Owners and other persons authorised by them to be at the Haven or the Premises or the Pontoons shall not feed/encourage the local wildlife.
15. Children shall wear suitable life jackets and must be supervised by a responsible adult at all times. The Association shall not be liable for accidents or incidents if children are unattended or unsupervised.
16. Owners of Vessels shall restrict their speed to four knots within the Haven and shall conduct their Vessel in a responsible manner so as not to endanger other users’ Vessels or lives.
17. The Commissioners cannot be held responsible for any noise, dust, disturbance or other inconvenience suffered as the result of maintenance work carried out within the Haven or on the Premises.
18.  No refuse/sewage shall be thrown into the Waters or left on Pontoons and shall be disposed of in the appropriate refuse facilities provided near the entrance to the Haven. Pump-out facilities are provided at the Commissioner’s office.
19. Boating equipment/fishing gear/maintenance equipment or other boating parts or accessories must be stored onboard Vessels and shall not be left on the Pontoons. Boat tenders/dinghies/rafts etc shall also be stored onboard Vessels unless provision has been made for a separate Berth, in which case there will be an additional charge for the mooring thereof.
20. Lavatory systems onboard Vessels shall not be used whilst in the Haven.
21. Owners are responsible for reporting to the Administrator or Manager all accidents involving any injury to any person or damage to any public or private property that occur in the Haven as soon as possible after they occur.
22. Owners accept full responsibility for the seaworthiness of their Vessel and any damage caused by the Vessel’s fittings and or equipment to other users of the Haven or the Pontoons or the Premises. Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels
23. Neither the Association nor the Commissioners shall be liable for any loss or damage caused by any event or circumstance beyond its reasonable control (such as weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s or 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 Haven or the Premises and/or using any facilities or equipment.
24. The Association and the Commissioners shall take all reasonable steps to maintain security at the Haven, and to maintain the facilities reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on the part of the Commissioners, Vessels, gear, equipment or other goods are left with the Commissioners at the Owner’s own risk and Owners shall ensure that they have appropriate insurance against all relevant risks to their use of the Haven, the Pontoons or the Premises.
25. The Commissioners shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms, Similarly the Commissioners shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which the Commissioners are not responsible. However the Commissioners reserve 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 shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
26. The Commissioners shall be entitled to require an Owner to move their Vessel from the Berth to such a location as the Commissioners shall require for such period or periods as may be necessary for the Commissioners to perform its functions within Poole Harbour or otherwise.  In such cases the Commissioners shall not be liable to the Owner for any damage caused to the Vessel during such process howsoever it occurs.
27. All invoices must be paid by their due date. The following payment dates shall apply unless otherwise indicated by the Association – invoices for the period 1st April to 30th September shall be paid no later than the last working day in March, and invoices for the period 1st October to 31st March  shall be paid no later than the last working day of September. Any invoices remaining unpaid (“Overdue”) when due shall  incur interest which shall accumulate at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 and may be forwarded to our legal advisors and any additional costs incurred will be added to the outstanding debt. The Association reserves the right to move or dispose of any Vessel or other property from the Haven or the Pontoons or the Premises in the event of any Overdue sums remaining payable to the Association. The costs of any such removal or destruction shall be charged to the relevant Owner as part of the claim for any Overdue sums, or otherwise by separate action. 
28. No work shall be done on the Vessel, gear, equipment or other goods without the Manager’s prior consent other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with the Commissioners’ schedule of work, nor involving access to prohibited areas. The Manager and the Association reserves the right to refuse to allow any contractors whom he deems unsuitable for whatever reason to enter the Haven or use the Pontoons or Premises to undertake any work.
29. Owners shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and, where appropriate, Employers’ Liability cover to at least the statutory minimum and adequate salvage insurance. Owners must be able to produce copies of such policies to the Manager promptly upon demand. Any uninsured Vessels may be removed by the Association at the Owner’s cost. 
30. Vessels must not be used for illegal purposes whilst within the Haven. The Association and Commissioners reserve the right to refuse berths to Vessels utilised in any unlawful or illegal activity.
31. Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and byelaws of Poole Harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health and Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and byelaws.
32. No refuse shall be thrown overboard or left on the Pontoons, or on any other part of the Premises, or disposed of in any way other than in the receptacles provided by the Association or the Commissioners or by removal from the Haven and the Premises. Owners, their guests and crew must take due care of all property and facilities belonging to the Commissioners and a fine may be levied for damage to Commissioners’ property.
33. Owners should advise the Administrator when they are taking their Vessel out of the Haven for any extended periods and advise him/her of the expected return date.
34. The Association reserves the right to let out a Berth to another Vessel, whenever a Vessel is absent from its allocated Berth, without refunding the Berthing Fee for this period. If the Owner does not advise the Administrator of the date of return, the same Berth may not be available on the Vessel’s return to the Haven.
35. The Association and the Commissioners shall have the right (without prejudice to any other rights in respect of breaches of these terms and conditions by the Owner) to terminate licences of Berths in the following manner in the event of any breach by the Owner of these terms and conditions or any failure to make payments due hereunder.
36. Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Haven and/or of customers and if the breach is capable of remedy, the Association and/or Commissioners may serve notice on the Owner specifying the breach and requiring him to remedy the breach within a reasonable time as specified in the notice. Where the breach is of a serious or persistent nature 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 the Owner fails to effect the requested remedy within that time, or if the breach is not capable of remedy, the Association and/or Commissioners may serve notice on the Owner requiring him to remove the Vessel from the Haven immediately, and in the event that such Owner fails to do so the Association may do so, or arrange it, at the Owner’s cost.
37.1 If the Owner fails to remove the Vessel on termination of the licence (whether under this Condition or otherwise), the Commissioners and the Association shall be entitled:-
37.2.1to charge the Owner at the daily rate for each day between termination of this Licence and the actual date of removal of the Vessel from the Haven; and/or
37.3 at the Owner’s risk (save in respect of loss or damage caused by the Commissioners’ negligence or other breach of duty during such removal) to remove the Vessel from the Haven and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.
38 Any notice of termination shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner’s last known address.
39. This licence is personal to the Owner and relates to the Vessel detailed in the invoice annexed hereto. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express prior written consent of the Administrator.
40. Membership of the Association (where applicable to any Berth holder) may not be assigned to another owner for any reason, without the prior written authority of the Association.
41. Within seven days of any agreement for the sale, transfer or mortgage of a Vessel subject to these terms and conditions the Owner shall notify the Administrator in writing of the name, address and telephone numbers of the purchaser or mortgagee, as the case may be.
42. Berths at the Haven shall be licensed for the periods and at the rates of charge from time to time published by the Association and in force at the commencement of these terms and conditions. Details of the charges applicable to the Berth at the beginning of the licence will be given to each Owner at the time that the licence commences.
43. This licence shall not be automatically renewed but will end at the conclusion of the period agreed if not terminated sooner by the Commissioners or by the Owner under the provisions of Condition 32. Any Vessel remaining after the date for which payment has been made will thereafter be charged at the full daily rate.
44. Payment must be made in advance and in full for all licences and will be non refundable if the Owner sells or removes the Vessel at any period during the licence period.
45. All berth holders must be members of Poole and District Fishermen’s Association. Annual membership subscriptions will be collected at the same time as the April invoice.


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