Terms and Conditions

TERMS AND CONDITIONS

For the Mooring and/or Storage of Vessels and/or Gear and Equipment
Elkins Boatyard – Convent Meadows, Christchurch

1. Definitions

1.1 “Company” means Elkins Boatyard.
1.2 “Owner” includes the vessel owner, customer, charterer, master, or authorised agent.
1.3 “Vessel” includes any boat, trailer, dinghy, gear, equipment or associated property brought onto the Site.
1.4 “Site” means Elkins Boatyard, Convent Meadows, Christchurch, including but not limited to slipways, jetties, and stagings, for any purpose, whether by the Company's invitation or not.

2. Basis of Agreement

2.1 These Terms apply to all mooring, storage and related services supplied by the Company.
2.2 By booking, placing a Vessel on Site, or using our services, you agree to these Terms.
2.3 No variation is binding unless agreed in writing by the Company.

3. Liability & Risk

3.1 Nothing in these Terms excludes or limits liability for:

-Death or personal injury caused by negligence.

-Fraud or fraudulent misrepresentation.

-Any matter which cannot lawfully be excluded under English law.

3.2 Except where loss or damage is caused by the Company’s negligence, breach of statutory duty, or wilful misconduct, Vessels, gear and equipment are stored at the Owner’s risk.

The Company shall not be liable for loss or damage caused by events beyond its reasonable control, including but not limited to fire, storm, flooding, theft, force majeure, labour disputes or Acts of God.

3.3 The Owner is responsible for maintaining adequate insurance covering:

The Vessel;

Third-party liability;

Removal and environmental risks.

3.4 The Company may request evidence of insurance at any time. Failure by the Owner to produce such evidence within 14 days of the request may result in the Vessel being removed from the Site at the Owner’s expense.

3.5 All persons using the Site do so at their own risk and must comply with all safety instructions.

3.6 Subject to clause 3.1, the Company’s total liability to a consumer Owner for loss or damage to a Vessel caused by the Company’s negligence, breach of statutory duty, or wilful misconduct shall be limited to the lower of:

(a) The Vessels insured value as declared by the Owner at the time the Vessel is brought on site; or

(b) £50,000.

For all other claims arising under this Agreement, including but not limited to delay, loss of use, or consequential loss, the Company’s total liability shall not exceed the total charges paid by the Owner in the 12 months preceding the event giving rise to the claim.

Nothing in this clause affects the Owners statutory rights, including rights under the Consumer Rights Act 2015

3.7 The Company does not take possession of or responsibility for the Vessel beyond providing space and agreed services.

3.8 The Owner shall be responsible for any pollution, contamination, or environmental damage caused by the Vessel, associated equipment, or operations on Site, except to the extent that such damage is caused by the Company’s negligence, breach of statutory duty, or wilful misconduct.

The Owner shall indemnify the Company against reasonable and proportionate costs, including clean-up, environmental remediation, fines, or third-party claims. Examples include, but are not limited to:

-Fuel spills

-Oil discharge

-Antifoul or chemical contamination

3.9 The Owner, or any of its agents, employees, guests, or assigns, must not do or fail to do anything at the Site which:

(a) pose any risk to the health and safety of individuals. 

(b) pose a risk to the environment. 

(c) cause damage or nuisance to any other person or their property.

3.10 Anti-social behaviour or abuse, verbal or physical, shall not be tolerated towards customers, staff, or any other individuals. Failure to comply may result in termination of this Agreement and/or reporting to the police or relevant authorities. The Company may also implement measures restricting access to the Site or services.

4. Movement of Vessels

The Company reserves the right, for safety, operational or emergency reasons, to move any vessel or equipment. Reasonable care will be taken.

5. Contractors

No contractor may undertake work on Site without prior written permission from the Company. Contractors must provide evidence of insurance if requested.

6. Lien & Non-Payment

6.1 The Company shall have a general lien over any vessel and associated equipment for any sums due.

6.2 The vessel may be retained until all outstanding sums are paid.

6.3 If payment remains outstanding, the Company may exercise its rights under the Torts (Interference with Goods) Act 1977, including serving notice of intention to sell the vessel to recover sums owed.

6.4 Any sale will be conducted lawfully. Sale proceeds will be applied to outstanding sums and reasonable sale costs. Any surplus will be returned to the Owner.

7. Termination

7.1 The Company may terminate this Agreement for serious breach, including non-payment or unsafe/anti-social conduct.

7.2 Upon termination, the Owner must remove the vessel within 7 days or within such longer period as is reasonable in the circumstances and confirmed in writing by the Company.

7.3 If not removed, the Company may continue to charge storage and may exercise its lien and statutory rights.

7.4 Refunds (if any) will be considered proportionately, taking into account the period used and losses incurred.

8. Conduct & Site Rules

8.1 No overnight stays on vessels stored on hard standing. No moorings shall be live-aboard.
8.2 Quiet hours: 22:00 – 10:00. Noise to be kept to a minimum, Generators permitted Monday–Saturday, 10:00–17:00 only
8.3 Speed limit: 10 MPH maximum at all times.
8.4 Dueto the danger of erosion of the riverbank dinghies or boats must not be hauled up onto, or launched from the riverbank.

8.5 Dogs must be kept on leads and under control.
8.6 Anti-social or abusive behaviour will not be tolerated and may result in termination and/or reporting to authorities.
8.7 No rubbish may be brought onto Site. Waste must be disposed of in designated facilities. Improper disposal may result in liability for reasonable clean-up costs.

8.8 The Company reserves the right to charge customary mooring and storage fees during periods when craft are being repaired, overhauled, or subject to lien enforcement.

9. Subletting & Mooring

9.1 Moorings may not be transferred, sublet, or changed without written consent from the Company.

10. Payment Terms

10.1 Payment is due on the date stated on the invoice.
10.2 The Company may suspend services where payment is overdue.

11. Interest on Overdue Amounts

11.1 Interest may be charged on overdue sums at 5% per annum above the Bank of England base rate, calculated daily from the due date until payment in full.

11.2 Where payment remains overdue after reasonable reminder, the Company may charge a reasonable administration fee reflecting the actual costs incurred in pursuing payment, which will not exceed £80 per instance.

12. Recovery Costs

12.1 Where payment remains outstanding after reasonable reminders, the Company may recover reasonable and proportionate costs incurred in recovering the debt.

12.2 Such costs may include administrative time, correspondence, debt recovery agency fees or legal costs, where permitted by law and in compliance with the Consumer Rights Act 2015.

13. Unauthorised Items

13.1 Items brought onto Site without permission may be removed at the Owner’s expense.
13.2 If unclaimed after reasonable written notice, the Company may dispose of such items in accordance with applicable law.

14. Abandoned Vessels

All costs of removal or disposal are the responsibility of the Owner.

If a vessel remains unpaid or unclaimed, the Company will follow the procedure under the Torts (Interference with Goods) Act 1977 before any sale or disposal.

15. Amendments

15.1 The Company may update these Terms from time to time.

15.2 Changes will apply to new agreements immediately

15.3 For existing agreements, changes will only take effect after reasonable notice has been given.

15.4 If an Owner does not accept the proposed change, they may terminate the Agreement without penalty before the changes take effect.

16. Data Protection & Privacy

16.1 The Company will collect, store, and process personal data in accordance with UK GDPR and the Data Protection Act 2018.
16.2 Personal data may include the Owner’s name, contact details, vessel information, and payment details.
16.3 Personal data will only be used for purposes related to mooring, storage, invoicing, communication, and legal compliance.
16.4 Data will not be shared with third parties except as required for service provision, legal obligations, or with the Owner’s consent.
16.5 The Owner has the right to access, correct, or request deletion of their personal data by contacting the Company.
16.6 A full privacy notice is available upon request.

17. General

17.1 In using the foregoing conditions, the Company have no wish to impose unnecessary restrictions upon users of the moorings or storage but consider that by insisting upon the observance of these conditions greater comfort and pleasure will be enjoyed by all.

17.2 These Terms are governed by the laws of England and Wales.
17.3 If any provision is found unenforceable, the remainder shall remain valid.