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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