Berth Holders should be aware of Marina cancellation policies.

[Ken Darby]

For many years I have paid the princely sum of about £2,500 per annum to Marina Developments Limited to berth my boat in their Queen Anne’s Battery marina in Plymouth. This was done on an annual contract basis running from 1st April to end March.

On 24th November last my boat was sold and removed from the yard and I thought I would get back about £ 800 in pro-rata berthing fees. However, under MDL’s cancellation policy written in the very small print, the fees for the current year are re-calculated on a month by month basis, and I was informed that should I cancel my contract immediately I would have to pay an extra £130, but If I were to let the contract run to the end of the year there would be nothing further to pay, but I would still not receive any re-imbursement.

I consider that one should never have to pay for a facility that is no longer required and I consider MDL’s policy to be a corporate money grubbing rip-off.

The crowning insult was to discover another boat in my berth, with the yard arguing that they are permitted to use any empty berth.

 

[PaulR]

must be tempting to keep a dinghy in your berth until the agreement ends

 

[z1ppy]

It's in the contract and by accepting that contract you have agreed to it. Same with most marinas I believe.

 

[gjgm]

I am amazed you are not aware of this. Of course you cant enter an annual agreement on preferential terms and then hope to jump out on a pro rata basis.
Frankly, I cant understand why you think you could. If you could, every one would get cheap summer berthing at the discount rates and bu**er off to somewhere cheaper for winter storage,as one example. You agree to stay a year.
If you vacate you berth at any time, MDL can use it, yes, just as when you go cruising.
All seems normal and fair to me.

 

[sailor211]

From the business point of view there is valid reasons to give a discount for annual contracts and different rates for part year or daily visits. So the contracts are written to prevent customers booking for a year and leaving after a few weeks. It's in most contracts. You have to live with what wou agreed to.

What is in the contract re use of the berth. When in a marina we got 80% of the fees if our berth was let when we were not using it. Encouraged us to say we were away freeing space for visitors.

 

[ghostlymoron]

Whilst I'm sorry you've not got a refund it's quite clearly stated in the contract. Similar to annual insurance policy where if you sell your car partly through the year you don't get a refund.

 

[SimbaDog]

I am amazed you are not aware of this. Of course you cant enter an annual agreement on preferential terms and then hope to jump out on a pro rata basis.
Frankly, I cant understand why you think you could. If you could, every one would get cheap summer berthing at the discount rates and bu**er off to somewhere cheaper for winter storage,as one example. You agree to stay a year.
If you vacate you berth at any time, MDL can use it, yes, just as when you go cruising.
All seems normal and fair to me.

Agreed, never seen a marina contract without that clause.

 

[sailorman]

our berthing contract changed 2 yrs ago

Whilst I'm sorry you've not got a refund it's quite clearly stated in the contract. Similar to annual insurance policy where if you sell your car partly through the year you don't get a refund.

[TERMINATION BY THE OWNER
This licence may be terminated on 16 weeks written notice by the owner of the Company.
in this even the Company will be entitled to recalculate the charge for the berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the company then the owner shall be required to pay that balance before removing the vessel from the marina or premises.
if there is a balance in favour of the owner the company shall pay it to the owner upon the vessel`s departure from the marina or premises ]

 

[prv]

our berthing contract changed 2 yrs ago


[TERMINATION BY THE OWNER
This licence may be terminated on 16 weeks written notice by the owner of the Company.
in this even the Company will be entitled to recalculate the charge for the berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the company then the owner shall be required to pay that balance before removing the vessel from the marina or premises.
if there is a balance in favour of the owner the company shall pay it to the owner upon the vessel`s departure from the marina or premises ]

Wow - unlike the OP's situation, that does sound genuinely unfair. They can order you to piss off at any time, and will quite likely ask you to pay extra while doing it?

A yearly contract should cut both ways.

Pete

 

[prv]

I am amazed you are not aware of this.

+1. It is completely standard, for the reasons already stated by others, and generally well known about.

Pete

 

[davidej]

our berthing contract changed 2 yrs ago


[TERMINATION BY THE OWNER
This licence may be terminated on 16 weeks written notice by the owner of the Company.
in this even the Company will be entitled to recalculate the charge for the berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the company then the owner shall be required to pay that balance before removing the vessel from the marina or premises.
if there is a balance in favour of the owner the company shall pay it to the owner upon the vessel`s departure from the marina or premises ]

Similar to cancelling an annual rail season ticket.

Sorry but you won't get much sympathy here.

 

[Ludd]

our berthing contract changed 2 yrs ago


[TERMINATION BY THE OWNER
This licence may be terminated on 16 weeks written notice by the owner OF the Company.(shouln't that be OR?)
in this even the Company will be entitled to recalculate the charge for the berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the company then the owner shall be required to pay that balance before removing the vessel from the marina or premises.
if there is a balance in favour of the owner the company shall pay it to the owner upon the vessel`s departure from the marina or premises ]

Sloppy work,Roger. See me after school.

 

[maxi77]

Having had discussions with a marina over this and also payment plans you would be surprised how many used to accept the annual rate and then a payment plan then stop paying after 6 months and leave thus getting 6 months berthing at the 12 month rate. The marina manager I discussed it with said it was enough people to make in enough of a problem to go to the trouble of changing the agreement properly with lawyers etc.

At the end of the day if you buy a hole in the water for a year that is what you buy, if you want to change those terms the marina is also entitled to change the way it charges

 

[Ken Darby]

There is a more than subtle difference between one who sells his boat (unexpectedly quickly) and is permanently departing the marina, and another who might think he could bu**er off to winter storage and return to his Summer berth at preferential rates. The policy in my view is not fair to someone who has poured thousands into the marina's coffers over a number of years, not only for berthing but also for yard services year on year.

 

[pvb]

There is a more than subtle difference between one who sells his boat (unexpectedly quickly) and is permanently departing the marina, and another who might think he could bu**er off to winter storage and return to his Summer berth at preferential rates. The policy in my view is not fair to someone who has poured thousands into the marina's coffers over a number of years, not only for berthing but also for yard services year on year.

This is a rather naive view. If you rented a house on a 12 month lease and decided (unexpectedly quickly) to leave, would you expect not to have to pay the rest of the lease?

 

[Tranona]

There is a more than subtle difference between one who sells his boat (unexpectedly quickly) and is permanently departing the marina, and another who might think he could bu**er off to winter storage and return to his Summer berth at preferential rates. The policy in my view is not fair to someone who has poured thousands into the marina's coffers over a number of years, not only for berthing but also for yard services year on year.

You could appeal to their better nature in view of your long term relationship. However, if you are saying past expenditure should entitle you to special treatment outside the contract then as PVB says you are naive. You paid for and got the service you required in the past. To accommodate you they would have to agree a special contract that gave you the right to leave and get a refund under the specific circumstances you now find yourself in. Imagine trying to run a business where each client wanted specific conditions.

That clause has stood up to unfair terms legislation because it is not unfair. You have gained a specific price for a year's occupancy and agreed to it in advance. You did not need to do this as you could have elected to have a shorter term contract that gave you more flexibility, but of course over a year would be more expensive. The marina has agreed to provide a berth for a year so it has not broken the contract. It is you that wants to break it and they are within their rights not to refund you.

 

[prv]

This licence may be terminated on 16 weeks written notice by the owner of the Company.
in this even the Company will be entitled to recalculate the charge for the berth using the rate or rates that would have been applicable to the actual period of the licence instead of the annual rate. If this recalculation results in a balance payable to the company then the owner shall be required to pay that balance before removing the vessel from the marina or premises.

Similar to cancelling an annual rail season ticket.

Sorry but you won't get much sympathy here.

Err, no, the contract as written is similar to Southwest Trains saying "We've decided not to honour your season ticket any more. Kindly stop using our trains, and then pay this invoice for the extra cost of buying daily tickets for the last six months instead".

This is different to the usual "leaving a marina early" moan that comes up regularly and that the OP started with.

Pete

 

[Elessar]

For many years I have paid the princely sum of about £2,500 per annum to Marina Developments Limited to berth my boat in their Queen Anne’s Battery marina in Plymouth. This was done on an annual contract basis running from 1st April to end March.

On 24th November last my boat was sold and removed from the yard and I thought I would get back about £ 800 in pro-rata berthing fees. However, under MDL’s cancellation policy written in the very small print, the fees for the current year are re-calculated on a month by month basis, and I was informed that should I cancel my contract immediately I would have to pay an extra £130, but If I were to let the contract run to the end of the year there would be nothing further to pay, but I would still not receive any re-imbursement.

I consider that one should never have to pay for a facility that is no longer required and I consider MDL’s policy to be a corporate money grubbing rip-off.

The crowning insult was to discover another boat in my berth, with the yard arguing that they are permitted to use any empty berth.

seems perfectly fair to me. You get a discount for buying 12 months, don't use the 12 months and expect a pro rata discount. Why?

A return fare is usually cheaper than 2 singles. Do you expect half back if, after buying the ticket, you change your mind and only go one way?

edit i see someone has already made the rail analogy. Quite obvious really.

 

[ianj99]

There is a more than subtle difference between one who sells his boat (unexpectedly quickly) and is permanently departing the marina, and another who might think he could bu**er off to winter storage and return to his Summer berth at preferential rates. The policy in my view is not fair to someone who has poured thousands into the marina's coffers over a number of years, not only for berthing but also for yard services year on year.

I would agree but with the proviso that if the berth is then occupied a refund is given. There is a difference between a long standing customer and a new customer who may be 'pulling a fast one'.

 

[stuey_two]

The Yacht Harbour Association and British Marine Federation publish a standard licence agreement. MDL, the owners of the OPs marina owners proudly publicise their YHA Five Gold Anchor Status so one might think/ hope they would use the standard agreement.

Clause 10 of the standard agreement allows for early termination by the owner.
Clause 10.1 requires an owner to give written notice to the company of intended termination before the old licenece expires.
Clause 10.2 says no refund is payable if the owner moves his boat elsewhere during the licence period
Clause 10.3 requires the company to issue a pro-rata refund to an owner that sells their boat during the licence period.

The OP says he has sold his boat - clause 10.3 applies and the marina should pay up.

If MDL do not use the standard agreement, perhaps the YHA or BMF should be approached.