largs yacht haven unhappy boaters

[Beamishken]

We berth in Largs yacht haven & have several friends who also berth there
The marina offer a dry berth facility for boats up to around 30ft which is quit popular with ribs & smaller cruisers etc. Boats are stored in the yard & when required launched by marina staff with a tractor.
Recently a member of staff was moving a 30ft motorcat towards its trailer when apparently one of the outboards stuck on wot the result was 3 damaged ribs & the motorcat perched across one of them. The marina staff decided to sink said rib to free the motorcat from it almost certainly writing the boat off
Yacht havens have told the boat owners to claim off there own insurers as they have to carry insurance as part of there berthing terms & have been totally unhelpfull towards the aggrieved owners
surely this cannot be correct the marina should be making good damage done by there own staff?
Can anyone confirm the legal position?
Whilst my boat wasn't damaged I'm obviously concerned that if it was then I'd be left claiming from my own insurers rather than the people who did the damage

On another note there was recently a sailing event taking place & the rear gate into the boat yard was left open from 8 am till 9 pm for a week as the rear of the yard was used as a temporary camp site for the dinghy sailors. This meant unchecked access to the entire boat yard for all & sundry -result 7 outboards stolen in one week - Marina's reaction 'keep it quiet'
How can they get away with it ?
Anyone else had problems in a marina & is this typical?

 

[han34]

I can only speak from personal experience with Premier, they paid to repair damage done when launching.

 

[rafiki_]

I guess this will a a read the small print jobbie. I have no idea what our marina would do in a similar position, so will have a look at the small print when I get a moment. I does not sound like Largs are keen on customer retention though!

 

[MoodySabre]

Largs are part of a group. Perhaps they don't want their bosses to find out. If my boat was damaged then I'd expect them to put it right and I'd go straight to the top.

 

[Jegs]

One could at least claim for the loss of ncb over the next few years.


John G

 

[Beamishken]

I guess this will a a read the small print jobbie. I have no idea what our marina would do in a similar position, so will have a look at the small print when I get a moment. I does not sound like Largs are keen on customer retention though!

Certainly not big on customer retention! unfortunately I just paid my renewal last month or I think I'd be off but come next renewal I'll be looking elsewhere I think
I'll be interested to see how it pans out with the boat owners but it looks like they have a fight on there hands!
I'd be interested to hear if other marinas in the yacht havens group treat customer's in the same way

 

[Prhperio]

Even if you eventually claim on your own insurance (which I'd be very loathe to do without my own lawyer giving the ok) one would think that your insurance company will go after the marina in any case to recover their money ?

 

[superheat6k]

I wouldn't be at all sure a yard / marina could argue that any clause in a contract denying their responsibility for anything done wrong by them / their employees would be deemed a fair one. Surely any Judge would immediately throw that straight our as an unfair contract clause.

So they damage your boat, or are culpable for thieves being able to access the marina unhindered, and it is expected your Insurers will cough. Wonder what their view of such a clause would be ?

 

[lewi]

sadly the 'keep it quiet/take it up with your own insurer' attitude is not a new one at Largs, there are
many reports for damages, thefts etc which have all met with the same not our problem attitude, this
i found to my cost when using their dry berthing, some scrott nicked gear from my boat and at least
3 others one in one week when (we) asked how this could happen in a locked, cctv covered compound
the response was one of 'its only minor gear just claim your insurance', personally the cost of replacements
was a lot less than a legal route, but i have often wondered who's face would show on the tv footage,
a fellow berth holder or an employee hmmmmmmm

 

[Steve Clayton]

Repost to Scuttlebutt using your phrases carefully; in your text use phrases such as Scottish Marina, Largs Yacht Haven, owning company etc. Then add the "keywords" into the thread data.

Get a few replies and your Scuttlebutt thread will be on page 1 of Google searches for said marina - they won't like that!

 

[Beamishken]

sadly the 'keep it quiet/take it up with your own insurer' attitude is not a new one at Largs, there are
many reports for damages, thefts etc which have all met with the same not our problem attitude, this
i found to my cost when using their dry berthing, some scrott nicked gear from my boat and at least
3 others one in one week when (we) asked how this could happen in a locked, cctv covered compound
the response was one of 'its only minor gear just claim your insurance', personally the cost of replacements
was a lot less than a legal route, but i have often wondered who's face would show on the tv footage,
a fellow berth holder or an employee hmmmmmmm

This is exactly the kind of post I was hoping to attract as it's gone unmentioned for long enough
while we haven't lost out personally that's only due to good luck. hopefully once the marina sees the level of discontent they will act accordingly & improve the security & there customer care policy,

 

[petem]

We berth in Largs yacht haven & have several friends who also berth there
The marina offer a dry berth facility for boats up to around 30ft which is quit popular with ribs & smaller cruisers etc. Boats are stored in the yard & when required launched by marina staff with a tractor.
Recently a member of staff was moving a 30ft motorcat towards its trailer when apparently one of the outboards stuck on wot the result was 3 damaged ribs & the motorcat perched across one of them. The marina staff decided to sink said rib to free the motorcat from it almost certainly writing the boat off
Yacht havens have told the boat owners to claim off there own insurers as they have to carry insurance as part of there berthing terms & have been totally unhelpfull towards the aggrieved owners
surely this cannot be correct the marina should be making good damage done by there own staff?
Can anyone confirm the legal position?
Whilst my boat wasn't damaged I'm obviously concerned that if it was then I'd be left claiming from my own insurers rather than the people who did the damage.

These would appear to the relevant terms from the Yacht Haven contract...

3 LIABILITY, INDEMNITY AND INSURANCE
3.1 We shall not be liable for any loss or damage
caused by any event or circumstance beyond our
reasonable control (such as extreme weather conditions,
the actions of third parties not employed by us or any
defect in any part of your or any third party’s Vessel);
this extends to loss or damage to Vessels, gear,
equipment or other goods left with it for repair or storage,
and harm to persons entering the Premises or the
Harbour and/or using any facilities or equipment.


In this case the marina could argue that they were not at fault and indeed the accident seems to have been caused by a defect in the 3rd party vessel. Therefore, it may be that your claim should be made against the owner of the Motorcat. Best course of action I believe would be to inform your insurer and get some legal advice (it may be that your insurance has legal cover that would pay for the advice).

On another note there was recently a sailing event taking place & the rear gate into the boat yard was left open from 8 am till 9 pm for a week as the rear of the yard was used as a temporary camp site for the dinghy sailors. This meant unchecked access to the entire boat yard for all & sundry -result 7 outboards stolen in one week - Marina's reaction 'keep it quiet'
How can they get away with it ?
Anyone else had problems in a marina & is this typical?

From the same contract...

3.1.1 We shall take all reasonable steps to maintain
security at the Premises, and to maintain the facilities at
the Premises and in the Harbour in reasonably good
working order. Subject to this, and in the absence of
negligence or breach of duty on our part, Vessels, gear,
equipment or other goods are left with us at your own risk
and you should ensure that you have appropriate
insurance against all relevant risks.

Question is, did they take reasonable steps to maintain security whilst the sailing event was taking place?

Would be interested in JFM's take on both issues.

 

[Beamishken]

These would appear to the relevant terms from the Yacht Haven contract...

3 LIABILITY, INDEMNITY AND INSURANCE
3.1 We shall not be liable for any loss or damage
caused by any event or circumstance beyond our
reasonable control (such as extreme weather conditions,
the actions of third parties not employed by us or any
defect in any part of your or any third party’s Vessel);
this extends to loss or damage to Vessels, gear,
equipment or other goods left with it for repair or storage,
and harm to persons entering the Premises or the
Harbour and/or using any facilities or equipment.


In this case the marina could argue that they were not at fault and indeed the accident seems to have been caused by a defect in the 3rd party vessel. Therefore, it may be that your claim should be made against the owner of the Motorcat. Best course of action I believe would be to inform your insurer and get some legal advice (it may be that your insurance has legal cover that would pay for the advice).



From the same contract...

3.1.1 We shall take all reasonable steps to maintain
security at the Premises, and to maintain the facilities at
the Premises and in the Harbour in reasonably good
working order. Subject to this, and in the absence of
negligence or breach of duty on our part, Vessels, gear,
equipment or other goods are left with us at your own risk
and you should ensure that you have appropriate
insurance against all relevant risks.

Question is, did they take reasonable steps to maintain security whilst the sailing event was taking place?

Would be interested in JFM's take on both issues.

Thank you for taking the time to post this information re-the damaged boats it does look like the marina have a get out clause . However they should surely be trying to help out the owners of the damaged boats to ensure they are inconvenienced as little as possible which they don't seem to be doing!
Re the thefts it's not realy common knowledge how many thefts occurred so I guess each owner just thinks they have been unlucky & will continue as normal
Most of the people affected are just normal working people who probably don't have the time or resources to take action against the marina
Part of my reason in posting was to hopefully get people talking & exchanging experiences to see if a collective voice might persuade the marina to improve matters
The problem is if people just vote with there feet and move on there will be another unsuspecting customer to take there place &then nothing get done about the problem