Forfeit of craneage fee-fair?

realslimshady

realslimshady

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Bit of a story-bear with me. Arranged to have the boat craned out in the marina and on the hard for a week so carpenters could finish the cabin and I could sort the non-functioning outdrive. Brother lives on the boat usually, but was away for the week. Turned up on the Friday (lift booked and paid for), batteries completely flat. Liased with crane man all day, in the end due to weather issues on his part and still no engine start on mine, we re-arranged for the Tuesday, and I confirmed in the office. Later that afternoon my brother told me the carpenters couldn't make it the following week, and as I had now missed the weekend when I could have worked on it, I told him we may as well cancel completely.
Unfortunately, he didn't contact the marina (the boat is his, moored there in his name) until he got a phone call on the Tuesday, asking where the boat was....
So...fast forward two months, and we suddenly have a window of opportunity...and the message from the marina is-because we didn't turn up for the previous lift, and because we didn't let them know-that fee is forfeit....
I understand their point if they had turned down other work (which seems unlikely-the crane doesn't seem to be on the go constantly) or if they pitched up specially (which they don't, they're there all day doing other stuff)...
So...am I right to be slightly irked at being charged £300+ for nothing?
 
You weren't charged £300 for nothing, you were charged for a lift, they kept their side of the contract, you didn't supply the boat.

Saying that I'd have thought a 'goodwill' discount would have been given as it makes good business sense.
 
O how I wish I could be as cheeky as some people!! They fulfilled their part of the contract you didn't !! Pay up & shut up and if you can't see that you were at fault, well I say no more.
Regards
MM1
 
Why did you pay for the lift upfront? I have never paid upfront for a lift out.

Have non said company stated that they could have lifted someone else out instead or are they just using you not turning up as an excuse to keep your money? Very often in my world it's the other way around, I've lost count how many times now( I'm jot going to give a list of who doesn't lift on time) I've turned up to find the boat I'm booked to work on is still on its berth or in the water in the holding area just because the yard is behind, no way there going to pay may wages for standing about waiting or being told its won't be lifted until the day after. I'd say it works both ways, I'd be booking a lift out elsewhere.
 
volvopaul said:
Why did you pay for the lift upfront? I have never paid upfront for a lift out.

Have non said company stated that they could have lifted someone else out instead or are they just using you not turning up as an excuse to keep your money? Very often in my world it's the other way around, I've lost count how many times now( I'm jot going to give a list of who doesn't lift on time) I've turned up to find the boat I'm booked to work on is still on its berth or in the water in the holding area just because the yard is behind, no way there going to pay may wages for standing about waiting or being told its won't be lifted until the day after. I'd say it works both ways, I'd be booking a lift out elsewhere.
Click to expand...


To be fair Paul If a boat is due to be lifted & blocked on say a Monday I would be looking to start work on the Tuesday (after a quick call Monday close of play to confirm it is out of the water). If the lift is due to be 11.00am there are a lot of reasons why that might be delayed. As you say some yards are better than others. Our recent experiences at Endeavour Quays Gosport were very positive. Well organised prompt and kept me informed at all stages even though I was floating around in the middle of the Ocean.


Henry :)
 
Dont the marina shove boats around without owner present?
Ive had plenty of lifts/scrubs in Falmouth without turning up. £20 for the tow...
Obviously not any help now but it seems strange that they needed you to drive the boat under its own power?
 
henryf said:
To be fair Paul If a boat is due to be lifted & blocked on say a Monday I would be looking to start work on the Tuesday (after a quick call Monday close of play to confirm it is out of the water). If the lift is due to be 11.00am there are a lot of reasons why that might be delayed. As you say some yards are better than others. Our recent experiences at Endeavour Quays Gosport were very positive. Well organised prompt and kept me informed at all stages even though I was floating around in the middle of the Ocean.




Henry :)
Click to expand...

I always book job in a day after lift out to ensure this, some yards are always behind we all know this.

Endeavour are great, they fixed up one of my Port Solent clients recently at an hours notice when he lost his drive on one leg, great service.
 
mm1 said:
O how I wish I could be as cheeky as some people!! They fulfilled their part of the contract you didn't !! Pay up & shut up and if you can't see that you were at fault, well I say no more.
Regards
MM1
Click to expand...

I have paid up-which part of 'lift booked and paid for' are you having trouble with?
And in what way have they 'fulfilled their part of the contract'? They were contracted to lift the boat out of the water, which they didn't do.
At what point did I say that I'm not at fault? Of course it's my (our) fault the boat couldn't be lifted. I wanted to know if people think they are justified in keeping the full craneage fee because of a no-show.
 
volvopaul said:
Why did you pay for the lift upfront? I have never paid upfront for a lift out.

Have non said company stated that they could have lifted someone else out instead or are they just using you not turning up as an excuse to keep your money?
Click to expand...

That's certainly my impression. Going elsewhere not an option, needs the outdrives fixing. Lift out is not 'ours' until paid for. Them's the rules.
 
realslimshady said:
I have paid up-which part of 'lift booked and paid for' are you having trouble with?
And in what way have they 'fulfilled their part of the contract'? They were contracted to lift the boat out of the water, which they didn't do.
At what point did I say that I'm not at fault? Of course it's my (our) fault the boat couldn't be lifted. I wanted to know if people think they are justified in keeping the full craneage fee because of a no-show.
Click to expand...

Doesn't this all completely depend on the actual contract? Did you sign something when you paid for the lift? Did the craneage invoice have t's & c's on the back? If so - what do they say?
 
jimmy_the_builder said:
Doesn't this all completely depend on the actual contract? Did you sign something when you paid for the lift? Did the craneage invoice have t's & c's on the back? If so - what do they say?
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Now there's the question. No paperwork involved that I saw, all verbal. And certainly no verbal warning of forfeiture of fees in event of no-show.
 
realslimshady said:
Now there's the question. No paperwork involved that I saw, all verbal. And certainly no verbal warning of forfeiture of fees in event of no-show.
Click to expand...

Well, if there is definitely no applicable paperwork then the contract must be defined by what was said - so I imagine this boils down to what precisely was verbally agreed in the conversations for the lift, and the rescheduled (no-show) lift. That said, is the yard owned/operated by the marina? And if so, presumably the wider marina t's and c's apply, which you presumably have agreed by virtue of being a berth holder.

However, before charging off down the combative route, I'd be wary about cutting off your nose etc, you've already said that there's no alternative lift provider, and you don't really want to be in the position of getting them to agree to give you your £300 back or whatever, and then refusing to lift your boat.

Morally though, it does seem like you do have some responsibility for the situation - you couldn't start the boat on the date of the first lift, and you didn't turn up for the second lift. When the marina phoned up after your no-show, did you agree a further reschedule in that call?
 
Let me make one thing absolutely clear-I'm not trying to absolve myself of responsibility, the situation is entirely my (well my twerp of a brother's) fault.
The yard is marina owned, so I guess the Ts & Cs of the berth-holding need perusing. However, as I said before, at no time (until this Sunday, after I'd moved the boat to crane area) were we informed that we no longer 'owned' a lift out.
 
realslimshady said:
Let me make one thing absolutely clear-I'm not trying to absolve myself of responsibility, the situation is entirely my (well my twerp of a brother's) fault.
The yard is marina owned, so I guess the Ts & Cs of the berth-holding need perusing. However, as I said before, at no time (until this Sunday, after I'd moved the boat to crane area) were we informed that we no longer 'owned' a lift out.
Click to expand...

All understood. But I think the conversation when you were a no-show for the second lift is probably key - at that point did you/your brother arrange or agree the third lift? If not, then a review of the t's and c's and a conversation with the marina manager is probably your only recourse.
 
I'm surprised that as a sign of goodwill they haven't offered you say a half price lift this time around. Maybe worth asking for?
 
Try and look at it from the marina's point of view.

They have done their bit in having a crane ready, a driver, and a couple of hands to help with the lines.
You have responded with a flat battery, a missing carpenter, i.e. two no-shows, to which the marina is thinking "In what way is this our problem."

Having said that, some sort of small discount for the next time around as a repeat offender, sorry, customer :cool: would seem reasonable, as the crane didn't use much fuel.

.
 
Last edited:
longjohnsilver said:
I'm surprised that as a sign of goodwill they haven't offered you say a half price lift this time around. Maybe worth asking for?
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I agree.
People naturally approach things in different ways depending on their personalities. I would be very apologetic, take the ssip out of my idiot brother, accept that they have been messed around and ask if they can "do something" over the next lift (as they didn't have to fire up the crane etc).
If you are a long-standing customer and always pay on time, no trouble etc then thats how I'd start. If, however, living aboard isn't allowed, you are always moaning and pay late then I might not mention those things.
Good luck and let us know how you get on.
 
the marina's 'goodwill' offer-

The summer offer (which was the offer that the original yard service was booked under) has now expired however, I will honour the offer for yourself on this occasion. Please can I request that you contact the office asap to make that payment of £328.30.
 
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