feel i am being had

[rubberduck]

So why not offer, as you say they probably won't be able to deliver, but perhaps the OP might not feel done, even if in reality he hasn't been.
note the OP feels it likely they will let the space, so perhaps a full marina with a waiting list.

 

[ian38_39]

If they put another boat in your hole in the water, they will be in breach of contract. Perhaps you should keep an eye on it!

Be interesting to see a contract that said that. Most contracts only offer a space within the marina of a certain size and retain the right to move you to another berth of the same size in a different position should they choose to do so. If the contract was worded as such you would only have recourse should all the berths in the marina of that size or larger were full.

 

[TheOrs]

...you would only have recourse should all the berths in the marina of that size or larger were full.

...and probably not even then. As long as they are prepared to create a space for you when required, I would think they are covered.

 

[MapisM]

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 "

Mmm... Hardly a matter of having missed some fine printings, though.
You were fully aware to have signed a 12m contract, as I understand.
And there's no logical reason on earth why changing the payment terms should, in itself, affect also the contract terms.

Anyway, also accepting that it came as a surprise to you, what would you have done differently, being aware of that?
I don't think you could pretend to negotiate a higher price for the boat to cover these costs.
And assuming that you would have sold her anyway, well, there's only one logical thing you should do: don't worry, be happy. :encouragement:

 

[volvopaul]

Reading all this reminds me of my time at Premier Swanwick, I sold my Princess and had 5 months paid up front on my contract, I asked for it to be deferred until I bought another boat but they declined yet it said it in the small print.
They said they could only do it if they had someone in the que that wanted my berth so I left it at that.
Then the very next day I asked the manager could I use the empty berth for a friend boat for a few nights so i could stay on it and carry on my work.
A point blank NO, so as I was working down there the very next day after my old boat was roaded to Swansea I took a walk down to my berth to remove the dock fender to find another boat already on that berth, well you can imagine my action over this, straight up to the office for a lecture on how they run there business , I didn't have a leg to stand on which left a very bitter taste as they said the boat was only there on a winter deal and not an annual contract. I argued that a winter deal is a contract between the owner and the marina but they said it wasn't.
4 months later I arrived with my new boat and duly got back my mooring. At next renewal I had to argue endlessly over how I felt , I got nothing back for the 4 months I wasn't occupying the berth yet they no doubt got paid twice for using the berth. I negotiated another year with the same shared access rate I had the previous year then when Premier was sold the renewal came in at another £3500 on top with no discount rate for shared access pontoon rate. At that we left and too like Trevor we are at Foulkes and sons where you can pay monthly and leave when you like with absolutely no penalties whatsoever . I can honestly say in all my years on the water as a boater and as an engineer in this business have I ever met a nicer man/ marina operator etc, I have of course now taken boats from certain nearby marinas there for lift outs and work etc which goes to prove not only do the big operators loose one berth holder thay loose the chance to supply other goods and services as well. Times will have to change before I will consider moving back to the big operators again.

 

[rubberduck]

Exactly so, it never pays to leave a bad taste with any customer, or supplier for that matter, if it can possibly be avoided, people talk to each other.
We are now taking major contracts from the big boys in our business, the longest sanding one now being Ryanair. They still can't get used to being treated as they should be !
IMO, if you take a short term, quick profit attitude in business, then you are likely to have a long term fail. You can fool all the people some of the time, or some of the people all the time, but never all the people all the time.

 

[P4Paul]

Reading all this reminds me of my time at Premier Swanwick, I sold my Princess and had 5 months paid up front on my contract, I asked for it to be deferred until I bought another boat but they declined yet it said it in the small print.
They said they could only do it if they had someone in the que that wanted my berth so I left it at that.
Then the very next day I asked the manager could I use the empty berth for a friend boat for a few nights so i could stay on it and carry on my work.
A point blank NO, so as I was working down there the very next day after my old boat was roaded to Swansea I took a walk down to my berth to remove the dock fender to find another boat already on that berth, well you can imagine my action over this, straight up to the office for a lecture on how they run there business , I didn't have a leg to stand on which left a very bitter taste as they said the boat was only there on a winter deal and not an annual contract. I argued that a winter deal is a contract between the owner and the marina but they said it wasn't.
4 months later I arrived with my new boat and duly got back my mooring. At next renewal I had to argue endlessly over how I felt , I got nothing back for the 4 months I wasn't occupying the berth yet they no doubt got paid twice for using the berth. I negotiated another year with the same shared access rate I had the previous year then when Premier was sold the renewal came in at another £3500 on top with no discount rate for shared access pontoon rate. At that we left and too like Trevor we are at Foulkes and sons where you can pay monthly and leave when you like with absolutely no penalties whatsoever . I can honestly say in all my years on the water as a boater and as an engineer in this business have I ever met a nicer man/ marina operator etc, I have of course now taken boats from certain nearby marinas there for lift outs and work etc which goes to prove not only do the big operators loose one berth holder thay loose the chance to supply other goods and services as well. Times will have to change before I will consider moving back to the big operators again.

I know we have spoken about this before but bizarrely your experience is 180 degrees apart from our experience at Premier Swanwick who have been exceptional in all of our dealings with them and an organisation I would recommend to anyone looking for a berth.

When we sold our yacht in September 2011 they cancelled the contract, put a credit on our account and started a new contract (part paid by using the credit) when Hunros arrived in February 2012.
In fact when we popped into the office to explain that the yacht was sold, they offered to put the credit on the account without being asked and because we went from a 42ft yacht to a 34ft mobo they even took into account the fact that Hunros had a cheaper annual berthing cost and therefore our credit went a lot further than expected.

I honestly can't think why our experience is different to yours but it very obviously has been. I do know that I am not alone in thinking that the team at Swanwick are very focused on customer service although I recognise that you may not agree.

 

[AllanG]

I know we have spoken about this before but bizarrely your experience is 180 degrees apart from our experience at Premier Swanwick who have been exceptional in all of our dealings with them and an organisation I would recommend to anyone looking for a berth.

When we sold our yacht in September 2011 they cancelled the contract, put a credit on our account and started a new contract (part paid by using the credit) when Hunros arrived in February 2012.
In fact when we popped into the office to explain that the yacht was sold, they offered to put the credit on the account without being asked and because we went from a 42ft yacht to a 34ft mobo they even took into account the fact that Hunros had a cheaper annual berthing cost and therefore our credit went a lot further than expected.

I honestly can't think why our experience is different to yours but it very obviously has been. I do know that I am not alone in thinking that the team at Swanwick are very focused on customer service although I recognise that you may not agree.

+1.....as my experience of being a customer at Premier Swanwick for the past 6 years has been excellent and, after selling two boats during this period, each time they put the remaining berthing fee on credit without any hassle, which I subsequently used towards my new berthing fees.

 

[Brightside]

Pleased and in fairness to marina providers to put in a good word for MDL. Like an earlier post was very happy with the way they treated me through the sale of my old boat and a delay and then further delays in the new boat arriving. So, I would recommend MDL as a happy customer!

 

[P4Paul]

Exactly so, it never pays to leave a bad taste with any customer, or supplier for that matter, if it can possibly be avoided, people talk to each other.
We are now taking major contracts from the big boys in our business, the longest sanding one now being Ryanair. They still can't get used to being treated as they should be !
IMO, if you take a short term, quick profit attitude in business, then you are likely to have a long term fail. You can fool all the people some of the time, or some of the people all the time, but never all the people all the time.

I think the issue is more around the understanding of what commitment was being made by the OP.

What it appears the OP wanted was a monthly berthing licence which could cease at the end of the month in which the boat was sold.
What the OP actually purchased was an annual berthing licence and then took the option to pay the outstanding balance over a number of months, most likely through the form of a credit agreement.

It would appear that the OP was happy with the service from the marina right up to the point the OP wanted to terminate the contract as they obviously had berthed there for a number of years.

The issue is about how the contract can be terminated early and to be fair, we do not know that the OP hasn't signed a credit agreement with a third party rather than with the marina and that is why he has to continue paying.

Until the OP provides the whole picture, I imagine we are all making assumptions. Your points are absolutely valid and (customer) relationship management pre/during and post dealing is hugely important.

As I have already said, in my experience, marinas are good at this kind of thing, but maybe (and worth finding out) that has been more because of the berthing being paid in a single payment up-front rather than on credit/credit agreement which has allowed the marinas to be rather more flexible in their response to the situation.

Finally, congratulations on winning business through "old fashion values of service, respect and value for money". I am sure you guys are massively busy this time of year but hope you all get chance to sit down with family and friends on Christmas Day and take a few hours to relax with the people that mean most.