feel i am being had

[beltsandbraces]

after a lot of deliberation decided to test the market and advertise the boat which sold very quickly, approached the marina to only be advised that as I have 7 months contract with them I will have to carry on paying for 6 months as I had already paid a month in hand, or hand over £1144 to pull out of the contract early, now I know I will be told I should have read the contract. has anyone else been caught out like this and is there a way around it as I feel a bit miffed that I will be paying for a hole in the water that they are likely to fill with another boat.

I await your thoughts

 

[Poignard]

Perhaps you can sublet it, if the contract permits it.

 

[maverickofpoole]

If it makes you feel any better I had exactly the same happen to me. The only thing that gave me a little pleasure was telling them I won't ever consider going back to that provider and would not now recommend them, which I had done on numerous occasions in the past.

Although these providers are doing nothing wrong it still for me leaves a bad taste in the mouth.

 

[petem]

Would they offer you a 'holiday' until you you get your net boat (assuming you're buying one)?

Which operator is it?

Pete

 

[ari]

Put the boot on the other foot. If you were a marina charging (lets say - to make the numbers really easy) £12,000 for 12 months or £2,000/month for a summer visitor, how would you feel if you had someone use your facilities through the summer and then in the autumn said to you 'cheers for that, I'm off now, and by the way I expect to just pay £5,000 for the five months, not the £10,000 that someone taking a short term berth would pay for five months'.

Is it unreasonable to expect someone committing to the lower monthly cost of a 12 month annual berth to actually pay for those 12 months?

The alternative surely is to pay a lot more per month for a visitor berth and then you can go when you like and not pay any more from that point onward.

Anyway, well done on selling the boat - what was it?

 

[Bazzer]

Put the boot on the other foot. If you were a marina charging (lets say - to make the numbers really easy) £12,000 for 12 months or £2,000/month for a summer visitor, how would you feel if you had someone use your facilities through the summer and then in the autumn said to you 'cheers for that, I'm off now, and by the way I expect to just pay £5,000 for the five months, not the £10,000 that someone taking a short term berth would pay for five months'.

Is it unreasonable to expect someone committing to the lower monthly cost of a 12 month annual berth to actually pay for those 12 months?

The alternative surely is to pay a lot more per month for a visitor berth and then you can go when you like and not pay any more from that point onward.

Anyway, well done on selling the boat - what was it?

I totally agree, it does leave a bad taste in the mouth, but they also running a business and Ari has a very valid point.

 

[beltsandbraces]

I totally agree with Ari and his opinion is a valid one. but 10 years mooring amounting to around £45000 and everything else that goes with owning a boat, you would think they might consider an opting out clause a way of alienating a future customer. And yes a very bad taste left.

 

[Bazzer]

I know MDL have a transfer clause in the berthing option, so if the new owner of your vessel wants they can take over your berth for the remainder of the contract.

 

[AllanG]

I had a similar experience with Premier Marinas when I sold my boat, however, they let me keep the outstanding amount of my contract in credit, which I could then use against the cost of a new contract if, and when, I bought another boat, which I actually did 9 months later. The only way they would refund the outstanding amount was if they could sub-let my berth to a new customer, but this had to be before the end date of my existing contract, which didn't happen in my case.

 

[Nigelpickin]

I had a similar experience with Premier Marinas when I sold my boat, however, they let me keep the outstanding amount of my contract in credit, which I could then use against the cost of a new contract if, and when, I bought another boat, which I actually did 9 months later. The only way they would refund the outstanding amount was if they could sub-let my berth to a new customer, but this had to be before the end date of my existing contract, which didn't happen in my case.

Premier Falmouth have always been wonderful in that regard, making creative solutions depending on my situation. Never felt ripped off. Not sure I agree with some of the posts, notwithstanding the contract. In my sector, I don't resell cancelled holidays and double up, at any time of year; neither do hotels, at least the ones in which I stay. It might be contractually sound but it's bad business.
I'm surprised that OP's marina have not offered future berthing in lieu or at least a refund if they rebook the berth.
imho.

 

[longjohnsilver]

I had a similar experience with Premier Marinas when I sold my boat, however, they let me keep the outstanding amount of my contract in credit, which I could then use against the cost of a new contract if, and when, I bought another boat, which I actually did 9 months later. The only way they would refund the outstanding amount was if they could sub-let my berth to a new customer, but this had to be before the end date of my existing contract, which didn't happen in my case.

That seems a very good compromise, either way you do not lose out. Maybe the OP should be asking for the same. If not forthcoming then I'd be telling them that they can read about it on this forum. At the very least, if they re-let the berth for any part of the remaining contract they should be offering a refund or credit note. It would certainly not be fair if they are paid twice for the same berth, although some might argue that is what happens when you say go away with the boat on holiday, but that is your choice, and many marinas pay you a % of what they get if your berth is used.

 

[Nigelpickin]

That seems a very good compromise, either way you do not lose out. Maybe the OP should be asking for the same. If not forthcoming then I'd be telling them that they can read about it on this forum. At the very least, if they re-let the berth for any part of the remaining contract they should be offering a refund or credit note. It would certainly not be fair if they are paid twice for the same berth, although some might argue that is what happens when you say go away with the boat on holiday, but that is your choice, and many marinas pay you a % of what they get if your berth is used.

Great minds.....

 

[Deleted User YDKXO]

feel i am being had

No I don't think you've been 'had' or anywhere near it. You signed a contract and the other party quite reasonably expects you to honour that contract. The fact that you signed a 7 month contract (presumably in order to reduce the monthly charge) and then promptly sold your boat is not their fault and if you were thinking about putting your boat on the market, why did you sign a 7 month berthing contract?

You seem to want your cake and to eat it. On the one hand you want a low monthly rate from a long term contract but on the other hand you want the flexibility of a short term contract to get out of it whenever you want. The world doesn't work like that. IMHO the best you can do is be very nice to your marina manager and ask politely for some kind of concession

 

[pmagowan]

Premier Falmouth have always been wonderful in that regard, making creative solutions depending on my situation. Never felt ripped off. Not sure I agree with some of the posts, notwithstanding the contract. In my sector, I don't resell cancelled holidays and double up, at any time of year; neither do hotels, at least the ones in which I stay. It might be contractually sound but it's bad business.
I'm surprised that OP's marina have not offered future berthing in lieu or at least a refund if they rebook the berth.
imho.

It is not contractually sound either AFAIK. In holiday lets if someone cancels you need to attempt to relet and then you should refund them after you have taken care of your own losses and any extra work. Essentially you are not allowed to be payed twice for the same thing, their cancellation should not make you a profit.

 

[beltsandbraces]

No I don't think you've been 'had' or anywhere near it. You signed a contract and the other party quite reasonably expects you to honour that contract. The fact that you signed a 7 month contract (presumably in order to reduce the monthly charge) and then promptly sold your boat is not their fault and if you were thinking about putting your boat on the market, why did you sign a 7 month berthing contract?

You seem to want your cake and to eat it. On the one hand you want a low monthly rate from a long term contract but on the other hand you want the flexibility of a short term contract to get out of it whenever you want. The world doesn't work like that. IMHO the best you can do is be very nice to your marina manager and ask politely for some kind of concession

I signed into a 12 month contract and actually changed from paying yearly to monthly with the thought that I might sell the boat if circumstances changed , I think what this boils down to is I should have read and understood the contract more," my bad " , but i still think with fewer people owning boats and we all no once you have owned a boat the chances are you will want to own another why alienate a customer over, in boat terms a drop in the ocean.

 

[ian38_39]

Our Marina only offers annual agreements paid in advance. If they are able to re-let a berth that you have vacated they will refund the amount of money they can raise from it. To me that would seem very fare, especially as you do not pay for a mooring, purely a space up to the length that you require within the Marina. effectively the only way you could claim it to be your berth that was re-let would be if it was the only one available in the marina.
The nice and begging approach would appear the correct way to go.

 

[Steve Clayton]

Premier: yearly contract paying over 10 months and let's say you want to leave;

"You are in a queue to leave in your band (ie boat length) and we will release you when you get to number one in the queue and we have a similar sized new boat coming in to take your berth"

I appreciate that on a yearly contract and thus pay a little less than on a monthly - "can I pay the difference on my contract as if I was a monthly payer and leave now?" NO

In my situation I was going in for major surgery which would/and did, curtail any sailing this year and so I was looking for cheaper berthing options - I am pleased to say complete recovery now and out of Chi Premier and will never, ever, use Premier again.

 

[Nigelpickin]

It is not contractually sound either AFAIK. In holiday lets if someone cancels you need to attempt to relet and then you should refund them after you have taken care of your own losses and any extra work. Essentially you are not allowed to be payed twice for the same thing, their cancellation should not make you a profit.

Erm.....
Go have a look on holiday lettings/air bnb/owners direct/house trip et al and numerous other companies, inghams for example.
If you cancel post lock-in date you are doing them a huge favour in terms of margin.

We deal with around £150k of cancellations per season and the total loss to guests I believe sits at <£2k this year which all amounts to fire sale discounting to salvage as much money as possible for the customer.. Yes we re sell the holidays, (replace with berth), as a priority. We could chose to take the view that we have the money and will sell an unsold holiday instead, (vacant berth), but that's lazy and is not good business. Of course we deal in high occupancy levels so it's slightly different but it's a very short term and counter intuitive strategy from a customer service point of view.

Sorry for the drift....

 

[drh2]

Exactly. You are in a 12 month agreement and paying monthly, as I do. Why don't people read the post and use their brain before making pointless comments!
It would be better if in a 12 month agreement there were break clauses, as you get in letting arrangements over a period, especially as some people in the current financial climate may have to sell their boats due to loss of work etc (which is out of their control). So the berthholder would still be liable for a sum relative to the terms but it wouldn't all be in favour of the marina co. Surely it's time to be a little more realistic,all things considered.

 

[ari]

I signed into a 12 month contract and actually changed from paying yearly to monthly with the thought that I might sell the boat if circumstances changed , I think what this boils down to is I should have read and understood the contract more," my bad " , but i still think with fewer people owning boats and we all no once you have owned a boat the chances are you will want to own another why alienate a customer over, in boat terms a drop in the ocean.

I think the point you've missed is that all you did is change to paying for an annual berth in instalments instead of in one go - you were still paying for an annual berth (at annual berth prices, plus, no doubt a small surcharge for paying in instalments).

If you'd changed to paying for a short term visitor berth you could have simply stopped paying when you no longer needed the berth, albeit at probably three or four times the annual cost pro rata.

It's a bit like buying a car on HP - just because you no longer need it and are paying monthly for it doesn't mean you can stop paying and just hand it back. If you want to be able to do that you have to hire a car - which costs much more per week.

I can understand your frustration, but I can certainly see the marina's point of view. They sell weekly berths at one rate, and annual berths at a much lower rate. If they're sold the latter, they're perfectly entitled to be paid for it.

One compromise you could try is asking whether they'll convert your contract to a weekly or monthly rate - I know MDL used to do this. So if the monthly rate is twice as dear but you give it up after four months then they get four months of visitor rate and you get a lower cost than paying for the whole year.