Marina berths contract what is included

Seastoke said:
So my question to Big plumbs , what do you think ,say three staff can do to a boat with a hole in it .
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One of them makes a phonecall to call a mobile crane, a second calls a diver who may be needed to position the slings, and the third advises management as to the progress of the activation of the preplanned emergency procedure for a sinking yacht.
 
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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My marina contract has a clause where I agree to them having the right to board / enter for the safety of the boat or others.
There could also be company policies that restrict staff from boarding unless it's serious.
 
Irish Rover said:
One of them makes a phonecall to call a mobile crane, a second calls a diver who may be needed to position the slings, and the third advises management as to the progress of the activation of the preplanned emergency procedure for a sinking yacht.
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I don’t think there is room for a crane at BRIXHAM.
 
Irish Rover said:
One of them makes a phonecall to call a mobile crane, a second calls a diver who may be needed to position the slings, and the third advises management as to the progress of the activation of the preplanned emergency procedure for a sinking yacht.
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Assumes the boat is in a position where the crane can get to it - otherwise you need a workboat to move it. Then I guess the argument becomes when you press go on this plan as your divers (not sure about in a marina but generally UK HSE rules will need a team of three!) and crane are presumably not sitting round the corner with their feet up. So if the owner appears before they do and bails the boat out or puts the bung back in who’s paying the bill? Or if the boat sinks before they arrive is the owner still ok the hook for a failed attempt?

I’d have thought it was more likely they MIGHT have a big salvage pump or be able to hire one relatively quickly and possibly some flotation bags. But I doubt every marina has that - MDLs a big enough chain that there must be some sort of plan - the only evidence they didn’t do anything is from a rumour at least part of which has been dismissed as false from someone who seems to be better informed.
 
Notwithstanding the contractual arrangements in place, it's clear that a professional marina operation must take reasonable steps to ensure it protects an owner's boat that is in its care. None more so than if the bugger's sinking!

*Exactly what constitutes 'reasonable steps' will turn on the circumstances, of course. It's not an ongoing commitment to an owner who makes no effort to secure their property when contacted on a number of occasions - I'm guessing that most marinas will go well above and beyond though, simply because having sunken boats on moorings is just a really bad look.
 
Seastoke said:
What can a marina do with a boat full of water ,they have no hoist .
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Well , they could enter your boat and put a pump into the bilge . But in reality , when the cabin is locked and need to be force opened , most marinas will just sound the alarm to the owner and wait for him or at least wait for his "ok" to take serious action like tow it to a crane and lift it .

Common sense should dictate . As a boat owner with my boat in water i should be available by phone and it should be in my interest to allow the marina everything possible to save my boat .

In my experience a marina will usually do little things like retighten a loosen rope or reposition a fender but no major disaster handling except fire .

When your boat is at fire they will call the fire brigade regardless of you instead risking it catches over to other boats .

I newer heard a marina will hire a mobile crane without arranging with the owner for a still floating boat .
 
Bonefish Blues said:
.it's clear that a professional marina operation must take reasonable steps to ensure it protects an owner's boat that is in its care.
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Does it?
I might think they might have a liability for themselves causing damage to your boat, but I am less sure that they are going to take on liability for events that happen in their marina caused by others ( or you!). How is the boat " in their care"?
That is your own insurance concern,surely.
 
gjgm said:
Does it?
I might think they might have a liability for themselves causing damage to your boat, but I am less sure that they are going to take on liability for events that happen in their marina caused by others ( or you!). How is the boat " in their care"?
That is your own insurance concern,surely.
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🙄:censored:
 
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