Marina annual early termination

[Legasea]

Hi please be gentle as it’s my first post

I know this subject has been covered in a previous post but I feel my circumstances are slightly different.
I was paying £310pcm marina fees or £235pcm in the boatyard a couple of years ago.
When the option of annual contract I checked that if I moved on I would not be out of pocket if I moved onto that rate. How wrong I was!
The advice was it was calculated pro rata
The Tariff says it’s calculated pro rata.
Fortunately I never signed the contract

For the last 2 years I’ve paid around £3770 annual so as you can see not much in it.
I know they would be a couple of years CPI to add on the PCM to be a fair comparison.
I have now moved on after 72days in the marina and 60 days in the boatyard.
For this I am charged 5 months totalling £2550.
The reasoning the contract that has been discussed on here before.
Apparently when they say pro rata “that not how we calculate it “
When they move you to THEIR monthly rate that there’s cherry picking because it makes no allowance for the lower boatyard costs because even though they can change their rates apparently I am still in an annual contract.
When I asked them to check my invoices as to what I had been paying PCM they apparently haven’t got them.
I understand the need to prevent someone taking out a year contract with the intention of a very short stay but it shouldn’t apply if you are a longstanding berth holder.
It probably goes with saying that it’s the 1st time I’ve done annual berthing

I feel that I have been miss sold, False advertising (as per the attached photo of their tariffs)and failures in accounting procedures

You’re advice is greatly appreciated

 

[Sailing steve]

Ask for an explanation and vote with your feet (or hull) if you're not happy with the response.

Losing clients to rival businesses is the most effective way of focussing the minds of those who are disingenuously providing unsatisfactory goods and services.

 

[shanemax]

Join a club (maximum £500 per year, my club is just over £200 all in, and includes a deep water mooring that never dries out) find a private mooring to rent or put down your own mooring subject to bye laws. Most decent rivers have these three options. Where are you based.

 

[Legasea]

We are actually heading down to the Med. it’s been the plan all along…..some of our eldest daughters plans have delayed us but we are finally on our way.
That’s why I checked with the marina before moving forward PCM to annual.
It’s always a risk paying a large upfront fee and expecting a refund

 

[ylop]

We are actually heading down to the Med. it’s been the plan all along…..some of our eldest daughters plans have delayed us but we are finally on our way.
That’s why I checked with the marina before moving forward PCM to annual.
It’s always a risk paying a large upfront fee and expecting a refund

If I’ve unpicked your email correct you are in an annual contract, which you pay upfront? But have decided to leave 132 days into the contract and assumed you would get a pro-rata refund on the amount? I think that is unusual and any refund for a customer who has paid for a full year and leaves midway is generous.

I understand the need to prevent someone taking out a year contract with the intention of a very short stay but it shouldn’t apply if you are a longstanding berth holder.

I would say that is exactly what you did and there’s not really a sound business reason to make an exception for a customer who is leaving anyway. If I was making the assumption that you were I would have contacted the marina at the renewal and said, “look we are likely to head to the med but not sure when, what’s the best way to structure that”.

 

[Legasea]

If I’ve unpicked your email correct you are in an annual contract, which you pay upfront? But have decided to leave 132 days into the contract and assumed you would get a pro-rata refund on the amount? I think that is unusual and any refund for a customer who has paid for a full year and leaves midway is generous.


I would say that is exactly what you did and there’s not really a sound business reason to make an exception for a customer who is leaving anyway. If I was making the assumption that you were I would have contacted the marina at the renewal and said, “look we are likely to head to the med but not sure when, what’s the best way to structure that”.

That’s exactly what I did! When I moved from pay monthly with the marina. I did probably have a nice negotiated monthly rate paid in advance. I checked that I would not be any worse off if I moved to annual. Pro rats were the words used and that’s confirmed by the attached screenshot of the tariff list.
There’s been a high turnover of staff and new management since then and the original guy that gave me the advice is no longer with them.

 

[ylop]

That’s exactly what I did! When I moved from pay monthly with the marina. I did probably have a nice negotiated monthly rate paid in advance. I checked that I would not be any worse off if I moved to annual. Pro rats were the words used and that’s confirmed by the attached screenshot of the tariff list.
There’s been a high turnover of staff and new management since then and the original guy that gave me the advice is no longer with them.

you got it in writing that you could leave mid year and get a pro-rata refund? Because I can’t see anything in that part of the price list which suggest that.

 

[bedouin]

If I’ve unpicked your email correct you are in an annual contract, which you pay upfront? But have decided to leave 132 days into the contract and assumed you would get a pro-rata refund on the amount? I think that is unusual and any refund for a customer who has paid for a full year and leaves midway is generous.

Not much help to the OP but I think that is no longer the case. The law was changed and they can now no longer roll you over from one annual contract to another. After the first year there has to be a notice period.

But I think if the cost was pro-rata then the charge would be the amount you would have paid on say a monthly tariff, not 12ths of the annual rate.

 

[Sticky Fingers]

Need to have sight of the full contract terms to be sure but I’d definitely not expect a mid term cancellation to be refunded pro rata, or at all in fact.

The standard practice would be that an annual 12-month paid up front contract is cheaper per month than a month-to-month contract, maybe by quite a big margin, and for that you’re locked in to the minimum term. IMHO the fact that the OP didn’t actually sign a piece of paper is immaterial if he paid the annual fee and enjoyed the benefits of the berth.

Details, details.

 

[bedouin]

Need to have sight of the full contract terms to be sure but I’d definitely nit expect a mid term cancellation to be refunded pro rata<or at all in fact.

The standard practice would be that an annual 12-month paid up front contract is cheaper per month than a month-to-month contract, maybe by quite a big margin, and for that you’re locked in to the minimum term. IMHO the fact that the OP didn’t actually sign a piece of paper is immaterial if he paid the annual fee and enjoyed the benefits of the berth.

Details, details.

As above the OP is renewing an annual contract so must have a notice period (typically 30 days)

Any charges for leaving earlier have to be reasonable - i.e. no more than had he paid monthly for the same period.

 

[Sticky Fingers]

As above the OP is renewing an annual contract so must have a notice period (typically 30 days)

Any charges for leaving earlier have to be reasonable - i.e. no more than had he paid monthly for the same period.

no he’s not. He wants to exit a new annual contract after 72 days. As for early termination, that needs to be set out in the contract but does not have to be reasonable in your opinion. It has to be reasonable in the Marina’s opinion, if offered at all.

I have now moved on after 72days in the marina and 60 days in the boatyard.

 

[ylop]

Not much help to the OP but I think that is no longer the case. The law was changed and they can now no longer roll you over from one annual contract to another.

That may be the case but as soon as the OP pays the annual fee he’s renewed the contract, you can’t decide half way through the year you didn’t really want a full year contract if that what you paid for!

After the first year there has to be a notice period.

I don’t think there was any suggestion that the OP did not have a reasonable opportunity to leave the marina / contract or to ask to switch to a different charging model.

But I think if the cost was pro-rata then the charge would be the amount you would have paid on say a monthly tariff, not 12ths of the annual rate.

Yes it sounds like that is the sort of approach the marina has for a mid year refund which frankly I think is quite generous.

 

[Tranona]

Hi please be gentle as it’s my first post

I know this subject has been covered in a previous post but I feel my circumstances are slightly different.
I was paying £310pcm marina fees or £235pcm in the boatyard a couple of years ago.
When the option of annual contract I checked that if I moved on I would not be out of pocket if I moved onto that rate. How wrong I was!
The advice was it was calculated pro rata
The Tariff says it’s calculated pro rata.
Fortunately I never signed the contract

For the last 2 years I’ve paid around £3770 annual so as you can see not much in it.
I know they would be a couple of years CPI to add on the PCM to be a fair comparison.
I have now moved on after 72days in the marina and 60 days in the boatyard.
For this I am charged 5 months totalling £2550.
The reasoning the contract that has been discussed on here before.
Apparently when they say pro rata “that not how we calculate it “
When they move you to THEIR monthly rate that there’s cherry picking because it makes no allowance for the lower boatyard costs because even though they can change their rates apparently I am still in an annual contract.
When I asked them to check my invoices as to what I had been paying PCM they apparently haven’t got them.
I understand the need to prevent someone taking out a year contract with the intention of a very short stay but it shouldn’t apply if you are a longstanding berth holder.
It probably goes with saying that it’s the 1st time I’ve done annual berthing

I feel that I have been miss sold, False advertising (as per the attached photo of their tariffs)and failures in accounting procedures

You’re advice is greatly appreciated

I am afraid you are trying to write your own contract rather than working to the contract that you agreed to. It does not matter that you did not sign it. Just by paying you have agreed to the terms and conditions. You are breaking the terms by leaving early and it is not unusual for the marina to determine a different method for calculating the cost of the time you have occupied the berth. It does not matter that you spent some of the time on the hard as you have paid to occupy a berth which means the marina cannot use it. Equally the lower cost of an annual contract is to recognise that the marina has security of income. Now if they refund you they have lost income from the berth unless they can find a new customer.

The best you can hope is that they charge you the monthly rate for the 4 and a bit months you occupied the berth. Do not be surprised if they charge the extra 12 days over the 4 months at the daily rate, or an admin fee. However their tariff seems to suggest that if you pay the monthly rate extra days are charged pro rata. so hopefully you will be charged 4 and 12/30 months.

It does not matter that you are a long standing customer - you agreed to a contract that was favourable to you and wish an early termination.

Always read the small print so you know exactly what you are agreeing to.

 

[ducked]

That’s exactly what I did! When I moved from pay monthly with the marina. I did probably have a nice negotiated monthly rate paid in advance. I checked that I would not be any worse off if I moved to annual. Pro rats were the words used and that’s confirmed by the attached screenshot of the tariff list.
There’s been a high turnover of staff and new management since then and the original guy that gave me the advice is no longer with them.

Is "Pro rats" perhaps a description of the people involved?

 

[Legasea]

If I’ve unpicked your email correct you are in an annual contract, which you pay upfront? But have decided to leave 132 days into the contract and assumed you would get a pro-rata refund on the amount? I think that is unusual and any refund for a customer who has paid for a full year and leaves midway is generous.


I would say that is exactly what you did and there’s not really a sound business reason to make an exception for a customer who is leaving anyway. If I was making the assumption that you were I would have contacted the marina at the renewal and said, “look we are likely to head to the med but not sure when, what’s the best way to structure that”.

you got it in writing that you could leave mid year and get a pro-rata refund? Because I can’t see anything in that part of the price list which suggest that.

No I haven’t got it in writing….when you are asking for advice it is rarely in writing. IMO in writing normally happens when a relationship has broken down. Yes I regret it.
Short term berthing
“Payable in advance, extended periods over I month charged at pro-rata rate”

That’s in the Tariff list and confirmed the advice

 

[Legasea]

I am afraid you are trying to write your own contract rather than working to the contract that you agreed to. It does not matter that you did not sign it. Just by paying you have agreed to the terms and conditions. You are breaking the terms by leaving early and it is not unusual for the marina to determine a different method for calculating the cost of the time you have occupied the berth. It does not matter that you spent some of the time on the hard as you have paid to occupy a berth which means the marina cannot use it. Equally the lower cost of an annual contract is to recognise that the marina has security of income. Now if they refund you they have lost income from the berth unless they can find a new customer.

The best you can hope is that they charge you the monthly rate for the 4 and a bit months you occupied the berth. Do not be surprised if they charge the extra 12 days over the 4 months at the daily rate, or an admin fee. However their tariff seems to suggest that if you pay the monthly rate extra days are charged pro rata. so hopefully you will be charged 4 and 12/30 months.

It does not matter that you are a long standing customer - you agreed to a contract that was favourable to you and wish an early termination.

Always read the small print so you know exactly what you are agreeing to.

The difference between what I was paying long term monthly and annually is possibly 10% so I have clearly been miss sold an annual contract as it hasn’t favoured me only the Marina.
In the small print they can use your berth when it is empty.
Just because I have paid a sum of money maybe isn’t a direct acceptance of the T&c. It could be that I’ve been paying upfront for a continuation of my monthly contract.

 

[bedouin]

No I haven’t got it in writing….when you are asking for advice it is rarely in writing. IMO in writing normally happens when a relationship has broken down. Yes I regret it.
Short term berthing
“Payable in advance, extended periods over I month charged at pro-rata rate”

That’s in the Tariff list and confirmed the advice

I would read that as there being a standard monthly tariff and stays beyond that are charged pro-rata to that monthly tariff.

It is worth asking them for details as to how they have calculated it and then arguing the point (politely) if you disagree - it is possible it is a genuine mistake on their part.

Note that paying monthly does not necessarily mean you are on a monthly tariff - I pay my annual berthing charges monthly but that is considerably less than I would pay for 1 months berthing on its own.

 

[Tranona]

The difference between what I was paying long term monthly and annually is possibly 10% so I have clearly been miss sold an annual contract as it hasn’t favoured me only the Marina.
In the small print they can use your berth when it is empty.
Just because I have paid a sum of money maybe isn’t a direct acceptance of the T&c. It could be that I’ve been paying upfront for a continuation of my monthly contract.

Once again you are making up your own version of how contract law works. From what you say there is no evidence that you have been "mis sold". once you have accepted their offer you are bound by the terms. You have terminated the contract early so are subject to the terms related to early termination. Not unusual to have a term that allows them to use your berth if empty - you don't have exclusive rights.


You seem to have made a bad decision by taking a preferential rate annual contract and then wanting to get out of it. Not surprising that you will have to pay a penalty.

 

[Legasea]

Need to have sight of the full contract terms to be sure but I’d definitely not expect a mid term cancellation to be refunded pro rata, or at all in fact.

The standard practice would be that an annual 12-month paid up front contract is cheaper per month than a month-to-month contract, maybe by quite a big margin, and for that you’re locked in to the minimum term. IMHO the fact that the OP didn’t actually sign a piece of paper is immaterial if he paid the annual fee and enjoyed the benefits of the berth.

Details, details.

I thought I had done the right thing by checking what the policy was for me to move from the invoiced and paid monthly to annual with very little upside to me, mainly not having to pay each month instead of one yearly payment that gained a few %.
So hopefully you can see why I feel I’ve been miss sold.
I’ve been in business for 45 years and never needed any pages of terms and conditions. As a previous comment that these are a last resort only after a relationship has broken down.
That’s happened 3 times previously and judgement was found in my favour every time

 

[Legasea]

Once again you are making up your own version of how contract law works. From what you say there is no evidence that you have been "mis sold". once you have accepted their offer you are bound by the terms. You have terminated the contract early so are subject to the terms related to early termination. Not unusual to have a term that allows them to use your berth if empty - you don't have exclusive rights.


You seem to have made a bad decision by taking a preferential rate annual contract and then wanting to get out of it. Not surprising that you will have to pay a penalty.

I made a decision on the advice given and the advertised Tariff list.
I don’t have a problem with a recalculation based upon monthly numbers I’ve been invoiced and paid previously.
There’s no significant upside for me if you look at the numbers. Still no good deed shall go unpunished