largs yacht haven unhappy boaters

[Beamishken]

Just to clarify the dry berth boats are stored on there own trailers in a seperate yard & launched by tractor via a slipway & left on a waiting pontoon for owners to collect them
also see post #4

 

[JumbleDuck]

Agree re mast, but if the engine was being used by the marina to move the boat, rather than use a workboat, then they are at fault.

Using the mast example, let's say your boat is in a Marina and the marina need to move it. Rather than use their workboat they put your sail up. They sheet in, but then need to let the sheet out quickly but the sheet block jams, causing your boat to slam into another as it rounds up......

Do you see my point?

Yes, but I think it's a little trickier than that. Jamming the sheet block sounds like mishandling on their part; a jammed throttle might have been entirely unpredictable to the user.

 

[Birdseye]

If the accident was cause by a fault on the motorcat, shouldn't the motorcat's owner/insurer be liable?

Its not clear what happened as in " one of the outboards stuck on wot" ( exactly what is "wot"?), but in any case the motorcat doesnt have insurance. Its owner hopefully has and that insurance covers the owner against his losses. Was the owner moving his boat? I dont think so and therefore the owner cannot be held responsible. As for the yards responsibility you need to look at the berthing contract and then bear in mind the one sided nature of the relationships ( ie the unfair contract terms act) and the professional skills expected oif a yard whose trade was in moving boats about. I would be very surprised if the yard didnt have legal liability.

But as someone has suggested, best course of action is to write to their head office. The law is unreliable, unpredicatble and expensive with only lawyers ever winning.. The yard manager is likely trying to avoid HO problems. Maybe even the movement was by an unauthorised or untranined employee. Methos statements. Risk assessments etc - you could have real fun with this one, jerking the managers tail.

 

[P4Paul]

But as someone has suggested, best course of action is to write to their head office.

Personally I would be straight on the phone to my insurance company and let them work on minimising my losses, after all, it's what I paid the premium for.

 

[JumbleDuck]

Its not clear what happened as in " one of the outboards stuck on wot" ( exactly what is "wot"?), but in any case the motorcat doesnt have insurance. Its owner hopefully has and that insurance covers the owner against his losses. Was the owner moving his boat? I dont think so and therefore the owner cannot be held responsible.

I'm presuming that wot = Wide Open Throttle. My insurance covers me for anyone using the boat with my permissions, which would include marina employees. Of course if they cocked it up I'd expect them to pay, but if some part of my boat failed and caused a problem, I would expect the claim to be against my insurance.

It doesn't sound as if Largs have handled this very well though. I've normally found them friendly and helpful, though I find the increasingly dilapidated state of the pontoons a bit off putting.

 

[YachtAllegro]

Hmm. Contrasts starkly with my treatment last winter by Kishorn Yard up in the northwest Highlands. A container blew over in a gale and hit my boat, stored ashore, damaging the fibreglass above the waterline. There followed an apologetic phonecall from the yard owner, with an offer to fix the fibreglass, repaint the entire topsides and to waive this years storage and lift-out fees, all of which was indeed done by launch this spring. Happy to recommend the yard to anyone as a result.

 

[TimBennet]

Hmm. Contrasts starkly with my treatment last winter by Kishorn Yard . . .

Yes but they are trying to attract work to a very remote spot where having shipping containers strewn around by the wind is not unusual!
Largs is in the comparative 'easy street' of The Clyde.

 

[West Coast]

Yes but they are trying to attract work to a very remote spot where having shipping containers strewn around by the wind is not unusual!
Largs is in the comparative 'easy street' of The Clyde.

So is Clyde Marina in Ardrossan. But when they accidentally damaged my boat during lift out, they too were very apologetic, took immediate responsibility and had all repairs done to my satisfaction, keeping me informed throughout. Great service, could not fault them and would recommend them (no link other than satisfied user)

 

[NickRobinson]

Some years ago my garage premises were destroyed by a fire which started next door.
I contacted the owners of burnt out cars initially to tell them I was insured for their losses only to have to call them back as my insurers held that their cover was the first place to call. Embarrassing as well as surprising. I guess then my insurers would in due course be involved if/when negligence was shown by me or my neighbour. Logical, but not clear in shiny ads for insurance...

 

[Beamishken]

So is Clyde Marina in Ardrossan. But when they accidentally damaged my boat during lift out, they too were very apologetic, took immediate responsibility and had all repairs done to my satisfaction, keeping me informed throughout. Great service, could not fault them and would recommend them (no link other than satisfied user)

Nice to hear clyde lookafter customers Good customer service shouldn't be reserved for remote areas!!

 

[gordmac]

Why would they be using full throttle manoeuvring in the marina? My suspicious mind wonders if they were having a play and it went wrong?

 

[sailorman]

Why would they be using full throttle manoeuvring in the marina? My suspicious mind wonders if they were having a play and it went wrong?

what ever happened playing about ( could be personally down to the helm ) or plain incompetence, the marina co are liable

 

[Seven Spades]

What is the problem, claim on your insurance let them recover the costs from whom ever is responsible. Tthen claim back your excess directly and you will get your no-claims restored. Simple.

 

[bob234]

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?*
How can they get away with it ?*
Anyone else had problems in a marina & is this typical?

It sounds evasive but I think that is actually the normal procedure i.e. the owner of the damaged boat claims on his insurers who in turn claim on the marina (or their insurers). Saw a similar situation in Turkey. Owner up in arms but his insurer confirmed it is the normal approach. It is in the marina's own interests to have handled it better though!

 

[l'escargot]

What is the problem, claim on your insurance let them recover the costs from whom ever is responsible. Tthen claim back your excess directly and you will get your no-claims restored. Simple.

That would be my expectation, certainly with fully comprehensive insurance.

 

[Beamishken]

What is the problem, claim on your insurance let them recover the costs from whom ever is responsible. Tthen claim back your excess directly and you will get your no-claims restored. Simple.

I think that is a very simplified & rather nieve version of how it will work out I'd expect the owners to struggle to reclaim there excesses & get ncd reinstated & not to mention Loss of use & hassle trying to get satisfactory repairs done
& the people who's engines were stolen certainly won't get there excesses back!
It all smacks of a marina that don't give a d---

 

[awol]

It is events like these that sorts the wheat from the chaff with insurance companies. From my own and others' experiences with Pantaenius I would have complete faith in them sorting it out with minimal hassle to me.

I have (very) slight sympathy for the marina management - they are probably, like most insured, under an obligation to their insurers not to admit liability. Their insurers would prefer to deal with other companies rather than with emotional boat owners. Thus it is very difficult to give out that warm, fuzzy feeling.

As for the motor thefts, a small claims procedure citing lack of care takes very little effort and may encourage the management to apply better security provisions for the next event.

 

[dimdav]

So is Clyde Marina in Ardrossan. But when they accidentally damaged my boat during lift out, they too were very apologetic, took immediate responsibility and had all repairs done to my satisfaction, keeping me informed throughout. Great service, could not fault them and would recommend them (no link other than satisfied user)

Another vote for the service at Clyde Marina. Minor damage during my lift out last year. all fixed with no hassle.

 

[Aja]

Before doing anything else, I would employ a surveyor to detail exactly the damage. That give an initial bargaining tool.

Regards
Donald