Does any other marina chain have this term in the berth licence?

[laika]

A berthing licence is the correct term.

With apologies for going well into "matter of opinion" and "off topic" territories....

Before Premier and I seem to recall my first years with premier, I had a "berthing contract". While I'm aware it doesn't need to be, the term "licence" to me is associated with a government (local or central) agency granting permission to perform an otherwise-proscribed activity (Driving licence, firearms licence, dog licence, TV licence). Although there's bound to be someone who can, I can't really think of obvious examples where private companies call an agreement to provide services for money a "licence". Season ticket, pass, contract, agreement....not "licence".

YMMV but it seems absurdly grandiose.

 

[Mark L]

YMMV but it seems absurdly grandiose.

Does the distinction not come from property law? I.e it is a contractual licence (like you would have when you stay at a hotel) rather than a tenancy? Possibly they are concerned that someone may to try and claim tenancy rights on the basis of a berthing contract if the phrase was not used in the contract?

 

[laika]

Does the distinction not come from property law? I.e it is a contractual licence (like you would have when you stay at a hotel)

I don’t believe a hotel has ever used the term “licence” when taking my money for a room. I Am certainly Not A Lawyer but I can’t think of a commercial organisation that has called their grant of services in exchange for money a “licence”.

Do MDL, boatfolk etc use this term?

 

[Mark L]

I don’t believe a hotel has ever used the term “licence” when taking my money for a room.

Read through the terms and conditions, they will almost certainly use the word somewhere. Here is one taken at random from a hotel booking site:

"This Agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary or agreed with your Agent (“Licence Period”). You are not a tenant of the Accommodation and you have not been granted exclusive possession of the Accommodation"

Even if the document isn't headed as such, the agreement you sign with a hotel will certainly be a "licence to occupy".

 

[laika]

Read through the terms and conditions, they will almost certainly use the word somewhere.

I’m sure they use a lot of words in ts&cs on booking web sites but when I’ve phoned up hotels, booked and checked in I’ve never had to sign a lengthy legal document before someone has said “here’s your keys and a copy of your sleeping licence”.

 

[Stemar]

Regarding those ageing boats in marinas.

A while ago I was a bit involved with one. The law may have changed but at that time the owner went missing, had no will. Apparently you have to wait seven years before the missing person can be declared dead. So that is one of possibly several circumstances where boats get left unattended. So presumably the operator can't enforce their terms?

In that case, I'd expect the bills to remain unpaid until the Marina's Ts&Cs allow them to auction the boat off. I can't imagine that taking anywhere near seven years, but it might well take a couple.

 

[Concerto]

Boatfolk have very clear details as to what happens if any monies are owed. Section 18 covers this with clauses 18.6.4 to 18.7 inclusive are the ones to read. Terms and Conditions | boatfolk

Premier Marinas have a clear section in their terms and conditions Section 2 covering Payment and Power of Sale.
file:///C:/Users/justp/AppData/Local/Temp/Premier%20Marina%20Regulations.pdf

By comparison, MDL terms and conditions are slightly more vague. https://www.mdlmarinas.co.uk/_assets/mdl-regulations-code-of-conduct-2020-2022.pdf
3.16. The OWNER shall cause the BOAT to leave or be removed from the MARINA on at least two occasions during the term of the annual berthing
contract if requested by the COMPANY so to do.
3.17. If the OWNER fails to remove the BOAT having been requested to do so by the COMPANY then the COMPANY shall have the right to remove
the BOAT and to recover from the OWNER the reasonable costs and expenses of the COMPANY including but not limited to cranage and
storage charges at the MARINA’S published rates.

 

[Birdseye]

Been looking at Boatfolf Terms and Conditions and came across this condition. This is one I had never come across before.

"10.2 The Owner shall maintain the Boat in good, clean and seaworthy condition and ensure that the Boat is able to proceed under its own power at all times. The Boat shall leave the Marina at least twice during the Term. "

Knowing many boats never seem to leave their home berth, how do they check if a boat leaves its berth. Do they check the berths daily?

Ask them. Many marinas do check daily in season to catch any late night visitors . Even our club does this.

 

[Concerto]

Ask them. Many marinas do check daily in season to catch any late night visitors . Even our club does this.

In Chatham, to enter the marina you have to lock in.