Marina berths contract what is included

Irish Rover said:
I'm surprised any management would let a boat sink in their marina. A few years ago I noticed the boat next to mine was low in the water, no bilge pump running. I wasn't 100% sure the boat wasn't always like that. I was going out for a couple of hours so I took a photo and checked when I returned to the berth. It was about 20cm lower. I called the head marinero but he didn't answer. I went to the office and asked for him. They're all in a management meeting I was told. Grand, when the meeting is over please tell him boat X is sinking. Obviously the management meeting was within earshot, and 4 of them nearly knocked me down heading for the door. They tried to contact the owner but failed. They brought a mobile pump and pumped it out, ghen towed it to the lift and put it on the hard. Honestly that's what I'd expect to happen.
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There is no lifts at MDL south wests. BG might have used his engine lift.
 
Seastoke said:
There is no lifts at MDL south wests. BG might have used his engine lift.
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I don't know who BG is. It makes no sense to me that a marina would not see it as their responsibility to take all possible action to stop a boat sinking. Sure the owner has ultimate responsibility for his boat, but if he's uncontactable, incapacitated, or just sheer negligent, is it OK for the marina to let the boat sink without taking every possible step to prevent it. Do they not have a responsibility, at the very least, to prevent the risk of pollution. If there's no lift in the marina, there surely has to be a mobile winch crane somewhere in the area that could be called?
 
Irish Rover said:
I don't know who BG is. It makes no sense to me that a marina would not see it as their responsibility to take all possible action to stop a boat sinking. Sure the owner has ultimate responsibility for his boat, but if he's uncontactable, incapacitated, or just sheer negligent, is it OK for the marina to let the boat sink without taking every possible step to prevent it. Do they not have a responsibility, at the very least, to prevent the risk of pollution. If there's no lift in the marina, there surely has to be a mobile winch crane somewhere in the area that could be called?
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At this marina there is a huge slipway and that boat is easily slipable. They could have done something I am certain. All sounds a bit fishy to me. Again this was supposed to be a slowly leaking bung, and the auto bilge pump flattened the battery. Then it slowly sunk. It is in full of the MDL office and indeed the general public. Makes one wonder
 
Bigplumbs said:
At this marina there is a huge slipway and that boat is easily slipable. They could have done something I am certain. All sounds a bit fishy to me. Again this was supposed to be a slowly leaking bung, and the auto bilge pump flattened the battery. Then it slowly sunk. It is in full of the MDL office and indeed the general public. Makes one wonder
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Ordinarily I wouldn't believe this story, but since @Aardee says he has "knowledge" of the situation, and is apparently well placed to have such knowledge, it makes me wonder, as well.
 
Bigplumbs said:
At this marina there is a huge slipway and that boat is easily slipable. They could have done something I am certain. All sounds a bit fishy to me. Again this was supposed to be a slowly leaking bung, and the auto bilge pump flattened the battery. Then it slowly sunk. It is in full of the MDL office and indeed the general public. Makes one wonder
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I think a problem is that when the marina touches an owners boat and something goes wrong they can be made responsible for it .

Lets imagine they try to lift it already full of water and as a result crack the hull due to weight .

Common sense of course says they should act but nobody wants to be responsible .
 
aerobat said:
I think a problem is that when the marina touches an owners boat and something goes wrong they can be made responsible for it .

Lets imagine they try to lift it already full of water and as a result crack the hull due to weight .

Common sense of course says they should act but nobody wants to be responsible .
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Surely there's a clause in the contract that says the marina can take all necessary action if the boat is in danger of sinking, causing damage to other boats, or causing pollution. I also assume all boats are required to be insured.
 
Irish Rover said:
Surely there's a clause in the contract that says the marina can take all necessary action if the boat is in danger of sinking, causing damage to other boats, or causing pollution. I also assume all boats are required to be insured.
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I am fairly sure there is an insurance requirement for most boats in marinas
 
If a marina can't get hold of an owner, or the owner is a womble, and will not give clear authorisation they have a dilema with a sinking boat.



If they actively intervene and cause damage to the boat; a pollution issue, or damage to anything else the risk is with them.

If they do nothing and the boat sinks then the risk/liability is with the owner.
 
potentillaCO32 said:
No
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Thanks. I'm absolutely certain, unless someone proves otherwise, there is nothing legally to stop a marina intervening when a boat is seen to be at risk. There may be a lack of a clear policy in some or all marinas, a fear of being held responsible, or just couldn't be arsed, but definitely no legal impediment. Do they not have a duty of care?.
 
Irish Rover said:
Absolutely agree. Is there something in your contract which prevents the marina from taking action if they see your boat is sinking and you're uncontactable?
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I haven’t read the contract (the wife does that) but I am certain that they can do whatever is necessary to preserve the port and other customers…and you are expected to cough up
 
Irish Rover said:
Thanks. I'm absolutely certain, unless someone proves otherwise, there is nothing legally to stop a marina intervening when a boat is seen to be at risk. There may be a lack of a clear policy in some or all marinas, a fear of being held responsible, or just couldn't be arsed, but definitely no legal impediment. Do they not have a duty of care?.
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What can a marina do with a boat full of water ,they have no hoist .
 
Irish Rover said:
Absolutely agree. Is there something in your contract which prevents the marina from taking action if they see your boat is sinking and you're uncontactable?
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There really is no need to speculate! MDL’s T&Cs and associated Regulations are all online. They have the right to move vessels. They have the right to force entry to a vessel if necessary.

As you rightly say lots of people invent “liability” issues that don’t exist.

The boats also require to be insured - but that doesn’t mean they actually are. Oddly the 3rd party and wreck recovery insurance possibly doesn’t kick in until the boat has actually sunk? So if you order a crane and spend a morning saving a boat you might be recovering it from the owner - although this looks as expensive enough boat to make that viable.

It’s all guesswork what actually happened though - there’s no time line, no detail of how they contacted the owner, what was said in return, what actually caused the sinking, how quick it went from last contact to sunk, what efforts if any were made by the marina staff to pump it out, etc.
 
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