Another query for the legal minds among you

Becky

Becky

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I have sold the boat I kept in Chichester Marina and given the necessary one month's notice to terminate my agreement. BUT they will not allow me to end the agreement until they re-let the berth although I don't have a boat in the Marina. In the meantime, Solitaire remains in the same place with the new owners having a short-term arrangement as they intend to move the boat to Salcome soon. So essentially Chi Marina is making me pay for the berth despite no-longer owning the boat, AND making the new owners pay for the berth as well. I have read the agreement, which is in the usual indecipherable legalese, but as far as I can make out, they can throw me out if I transgress the rules, but I my responsibility is not so clear. If I stop paying until they 'release' me, then they will charge me 2% on the outstanding debt. But it isn't necessarily in their interest to re-allocate the berth, as it is already generating an income from me, and will be until next February. But being vacant, they can also sublet it to visitors and make more money . Has anybody any suggestions as to my best (serious) way out? And dors anybody know how I stand legally?

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There is a waiting list for the longer berths (11-12 metres), which is why we have had to move to Haslar (which we preferred anyway), but I don't think there is a waiting list for the 8 metre berths. There wouldn't be would there, as I have one!

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Go straight to a solicitor and get their advice once they have read the small print. Any advice you will get on here may not be accurate because there is bound to be some tricky wording in their agreement.

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My berthing arrangement is on a three year licence, which can be terminated by three months notice. The fees are payable yearly and I'm pretty sure that that any balance left at the end of the agreement is refundable.

I would have thought that the Chi arrangement was dubious to say the least. Are you not entitled to enter into your own sub-let with the new owners? I would be seriously tempted to tie some old dinghy up in the berth whilst I was paying for it and deny the greedy b******s the income from visitors. Or is that just me being petty and vindictive?

<hr width=100% size=1>God only made so many perfect heads. The rest got covered in hair.
 
Before you waste money on solicitors why not ask them to explain where in the small print it says what they claim it says. It sounds so unreasonable that it may be that someone at their end has got it wrong.

Joe

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Are you a member of the RYA? If you are then perhaps their legal dept. can help.

If you are not, what a pity.

<hr width=100% size=1><font color=purple>Ne te confundant illegitimi.</font color=purple>
 
If you can scan the relevant documents into the computer and email them to me, my wife will have a look at them. ianandjane@jkia.fsnet.co.uk. She is legal trained and if there is a get out clause she will find one.

<hr width=100% size=1>I think therefore I have a headache S.S.D.D.
 
Becky, Does your agreement actually say you can terminate with one month's notice? Or is it a 12 month contract, in which case they may apply the following (from Premier's web site):

In the unlikely event that you may wish to terminate your berthing contract Premier Marinas will, where appropriate, return any paid berthing fees. This is subject to the Marina replacing the berthing contract with a new berth holder. A £50 administration fee will be deducted from your account


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Re: Marina is full

Yes I am waiting. The Marina tells me they are totally full for my size and even when they let me come in it will not be a permanant berth for a couple of years.

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I guess you took out a years contract with them for the berth, which they are letting you pay over 10 months. They may have turned others away because they assumed you'd be there for a year. It's not their fault you want to negate on the contract. Would you have expected a refund if you had paid up front??
I doubt if you'll be waiting too long for your berth to be let as Chi marina is a popular place.

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I went back today with the contract and asked them to show me where the details regarding cancellation were as I couldn't see them. Then they told me that the relevant wording isn't in the contract, but in the 'Premier Advantage' which comes with the contract. This states, as you have seen, that there will be a £50 admin fee for release from contract when the berth is re-let. I had to be VERY polite to them or they could just forget me! So, I am caught it seems. Might be interesting to know how a court would look upon this type of arrangement, where not all the terms and conditions are mentioned in the contract. True, they are getting new people all the time, and my berth was very nice with wide easy access and electrical power. But it makes you think, doesn't it. According to the small print, you have to die to get immediate release from your contract!


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Becky,

The "Premier Advantage" T&C's on their website says.......

"The benefits and discounts set out on this website do not vary the terms and conditions of your berthing agreement and Premier Marinas Limited "

Surely if it doesn't vary the T&C's of the berthing agreement then you should insist that it doesn't. They can't have it both ways. I'ld suggest that you take it back again and tell them to reconsider.

Joe

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Dinghy + Trading Standards

Yep the idea of tieing an old dinghy in the berth - denying secondary use by the marina really apeals to me !! This is of course while you are paying !!

Trading Standards to check over the paperwork and advise on your course of action.

Maybe Citizens Advise for some other angles .....

Really to go Solicitors route - you need to be sure that you can have 'loser' (marina) pay the cost before embarking on that expensive route.

Write a short article to the mags ...... just before posting advise Marina that you are about to advertise the T&C ....

Try anything ..... money is moeny and giving it away to them in return for nothing is surely not fair !


<hr width=100% size=1>Nigel ... and of course Yahoo groups :
http://groups.yahoo.com/group/gps-navigator/
 
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