ianj99
Well-Known Member
I think some forumites, not mentioning any names, owe the OP an apology for calling him naive etc and hope they have the guts to do so rather than slink away...
Berth Holders should be aware of Marina cancellation policies.
- Thread starter Ken Darby
- Start date
I think some forumites, not mentioning any names, owe the OP an apology for calling him naive etc and hope they have the guts to do so rather than slink away...
Tranona
Well-Known Member
No apology required. MDL are acting in accordance with the contract the OP willingly signed and has been using the service under those terms by his own admission for a number of years. It is irrelevant whether other providers have different terms or whether there is a model contract with different terms. He is bound by the contract he signed.
He has two courses of action. He can either appeal to the company for a "goodwill" payment using all the arguments he can muster, or he can sue them in the courts for unfair contract terms. Whether he wins depends on whether the court thinks the company should abide by the model contract (unlikely) or whether the company is charging for something that provides no benefit. Again unlikely as he clearly agreed to have the berth for a year.
Stork_III
Well-Known Member
Read MDL berthing refund policy 2012-2013.
Cancellation of Berth
Should an OWNER require to cancel the berth for any reason at any time
during the year (for which 4 weeks written notice is required) and no longer requires future berthing facilities, MDL will (subject always to a minimum 4 week charge whenever cancellation of a completed contract occurs) credit the annual invoice and re-invoice for the period from 1st April 2012 or other commencement
date of the berthing contract to the date of termination (the date of cancellation of the contract) using the published monthly tariff rate or
closest fair approximation. If there is a credit balance, this will be refunded less any other outstanding payments due to MDL.
For those OWNERS paying their annual berthing/mooring package agreement by direct debit, any applicable 3% administration charge will be
proportionally retained for each instalment due up until the date
of termination.
In all cases, if the original payment was made by credit card, the credit card surcharge is not refundable.
This is how they have applied it to the OP.
pvb
Well-Known Member
You're obviously suggesting that I should apologise for saying that the OP has "a rather naive view". Sadly for you, I'm sticking with my opinion. As others have already pointed out, if you sign a contract you should honour its terms. If you don't like the terms, you shouldn't sign it.
Having been proved wrong, I imagine you'll want to apologise and have the guts to do so rather than slink away...
But somehow I doubt it.
grumpy_o_g
Well-Known Member
No it's not. It's equivalent to British Rail cancelling your season ticket halfway through the year and then retrospectively charging you the full fare for all the journies you've already made in good faith made using the season ticket. I don't think even British Rail would try that one.
ianj99
Well-Known Member
You're obviously suggesting that I should apologise for saying that the OP has "a rather naive view". Sadly for you, I'm sticking with my opinion. As others have already pointed out, if you sign a contract you should honour its terms. If you don't like the terms, you shouldn't sign it.
Having been proved wrong, I imagine you'll want to apologise and have the guts to do so rather than slink away...
But somehow I doubt it.
There is absolutely no reason to resort to personal comments such as 'naive' , "get over it" when expressing an opinion. Forums are excellent for advice and everyone is entitled to their opinion, but all to often comments of a personal nature creep in when a poster disagrees with an OP. Just remember the boot may be on the other foot one day... So, no I won't be withdrawing my post.
In this particular case a goodwill gesture would have been a positive step especially since the berth was re occupied and the OP was a long standing berth holder.
The best run businesses put good customer service and the recommendations this brings before profits. In this case their profits were unaffected anyway since the berth was re occupied.
prv
Well-Known Member
Well, the OP seems to have read his contract and satsified himself that it is as described:
so if we're calling him naive, are you calling him illiterate?
Pete
prv
Well-Known Member
Even if it's clause 10.3 of a different contract written by a different organisation?
Pete
Tranona
Well-Known Member
You seem to be suggesting that there is no need for a contract. Would you deal with a company where decisions were taken on an individual and ad hoc basis? The whole idea of a written contract is that both sides know exactly where they stand.
pvb
Well-Known Member
I'm not sure anyone has said "get over it". I said that the OP's stance was "a rather naive view", but I don't consider that to be a dreadful personal comment, just an opinion which I think is OK to express.
Ah, yes, what was it you posted about someone the other day? I remember, it was "Yah boo sucks clever clogs!!", which is perhaps one of the most childish retorts we've ever seen on these forums. So perhaps it's best you don't try the "holier than thou" approach now, Ron.
prv
Well-Known Member
To be fair, saying that a party might sometimes choose not to enforce all its rights under the contract, in the interest of maintaining good relations, is not the same thing as saying there should be no contract at all. In answer to your question, I would prefer to deal with a company that's able to take decisions on an individual basis, provided that the contact defines a "worst case" that I'm happy with.
Pete
Last edited:
Tranona
Well-Known Member
Have already suggested that he tries to get a goodwill payment, but difficult to see why MDL should not stick to its cancellation policy just because the OP has been there some time. Might be different if he intended to take another berth when he gets another boat. They might give him credit for his unused portion against his new contract. However, if he is leaving permanently difficult to see what advantage there is to MDL in giving him money they are not required to - other than avoiding criticism from some here!
prv
Well-Known Member
Read what I wrote, rather than what you've two-tone ( http://www.glasswings.com.au/comics/ozyandmillie.au/2000/om20000723.html ) categorised my post as in your head. I wasn't even talking about the OP!
Someone said "a goodwill gesture would have been a positive step", to which you replied "You seem to be suggesting that there is no need for a contract." That's beyond hyperbole into being a complete non-sequiteur, and I was merely calling you on that by way of a point of order.
I made no comment on whether MDL might or should have offered the OP anything; as it happens I entirely agree with you on that question.
Pete
grumpy_o_g
Well-Known Member
Dis-agree. A contract is a legal document to refer to if the relationship breaks down and parties cannot agree. My contract with O2 says they can charge what they want even £500 a month - it also says I can leave if I don't like their price increase. But they haven't charged me £500 a month and I haven't left them. A contract should always be one the last resorts, not a default go to as soon as you don't like something.
gm4caq
Active Member
It may be possible to transfer the berth to the new owner for a fee. I did that at Largs when I sold my boat there. Negotiated an adjustment to the price of my boat to cover the cost.
Worth a try?
Worth a try?
Stork_III
Well-Known Member
Part of MDL Berth Contract that I did not reproduce, includes for a suspension of the License term if the berth holder sells but has not yet got his replacement vessel resuming when the boat arrives, exactly as you state.
Uricanejack
Well-Known Member
Got a refund when I sold my car.
No problem getting refund. I didn't even ask for one thinking there would not be one.
Just less the cancelation fee.
If I read the op post corectly he was just warning others of the condition in the contract. I supose griping as well.
If you are intending to sell your boat. Inform the Marina ahead of time when one year contract ends and ask for terms for discounted rate until baot sells.
I have looked at several boats where the option of assuming the mooring arangent was an option.
No problem getting refund. I didn't even ask for one thinking there would not be one.
Just less the cancelation fee.
If I read the op post corectly he was just warning others of the condition in the contract. I supose griping as well.
If you are intending to sell your boat. Inform the Marina ahead of time when one year contract ends and ask for terms for discounted rate until baot sells.
I have looked at several boats where the option of assuming the mooring arangent was an option.
Last edited:
gjgm
Well-Known Member
Maybe folk have managed to get some "goodwill" from MDL from time to time, but after a decade or so, IMHO, they must be far and few beween. One of the frustrations most levelled against MDL is they are so inflexible. Maybe with many thousands of berth holders, giving local managers some wriggle room just opens up too big a can of worms. You might reason that sticking to the legal terms in every instance at least means all its clients know where they stand.
So, I dont agree that they really should consider giving this berth holder some goodwill. He signed the contract, and this leaving of a berth other than on 31 march happens all the time. The issue here is that the OP hadnt read the contract or, possibly, fully thought through the logic.
So, I dont agree that they really should consider giving this berth holder some goodwill. He signed the contract, and this leaving of a berth other than on 31 march happens all the time. The issue here is that the OP hadnt read the contract or, possibly, fully thought through the logic.
pvb
Well-Known Member
MDL's terms already include provision for a boat's new owner to keep the boat's existing berth, but the new owner has to start paying immediately.
CPD
Well-Known Member
If I was the marina manager and "Fred", a good customer of many years, found himself in the same position, I would do something, anything, as a means of saying thank you for his past custom and loyalty. It is called using one's discretion. The fact that we all have to rush around then don glasses to read the small print, and all as one, say "yes but its in the contract, you should have read it" is a reflection of the sad state that the country now finds itself in. Loyalty means absolutely nothing, use of discretion has disappeared, we have all faced with similar situations to the above (where something didn't feel fair), and we all have 12 year old bank managers.
So, If I was "Fred" then yes, I would tie up a dinghy in my spot ............... hardly a sensible way forward, but at least it may assuage that feeling of having been "ripped off" a little. The problem is that we have all become so used to being stitched up by the small print, that we all see things like this as the norm.
Another example of what has taken the Great out of Britain ........ all in the blind pursuit of economic success .....................
All this is untrue .......... discuss.
So, If I was "Fred" then yes, I would tie up a dinghy in my spot ............... hardly a sensible way forward, but at least it may assuage that feeling of having been "ripped off" a little. The problem is that we have all become so used to being stitched up by the small print, that we all see things like this as the norm.
Another example of what has taken the Great out of Britain ........ all in the blind pursuit of economic success .....................
All this is untrue .......... discuss.
