Marina Contract

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Chi Man

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Sorry if this subject has been covered before.
I have a marina berthing contract 20.04.2015 to 19.04.2016, I wish to terminate on the 19.04.2016.
The marina have just sent me a bill for three months fees, no explanation, no covering note, and no reply to my request for terminating the contract.
Within the t's and c's "termination" it says the owner (me) must give three months notice, surely if a contract is for a specific time at the end date no notice is required?
 
Talk to the marina
Sounds like they have overlooked your note advising you do not wish to renew your contract.
 
Get CAB or legal advice if necessary but don't hang about and put whatever you want in writing ASAP.

If you gave them three months notice in writing then you should be fine. If it says you have to give them three months notice and you didn't, then you might well owe them three months fees. Group 8 (ref Notice periods) of the Unfair Terms in Consumer ContractsRegulations 1999 might possibly apply.
 
If a contract ends on a certain date beyond that date there is no contract so you don't need to give notice...unless the small print gets you that is.
 
I just assumed (I know never assume!) that a contract for a specific time, i.e. 12 months is just that, at the end of the term you either take out another contract or not, not have to give three months notice when you are effectively out of contract.
 
Sailorsam101 said:
If a contract ends on a certain date beyond that date there is no contract so you don't need to give notice...unless the small print gets you that is.
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Yes, I think that's the general idea about Group 8. It's intent is to protect against unexpected or unreasonable renewals or extensions. Potential minefield. This is all academic without having the exact text of the agreement and dates // details of the OP's letters to teh marina.
 
Extract from the Guidance:

OFT Guidance said:
A clause which states how long a contract has to run is likely to be among its most important 'core' terms.

If a lesser term in small print can be used, relying on customer inertia, to extend the contract period beyond what the consumer would normally expect, it is not a core term, and is liable to be considered unfair....

Particular suspicion attaches to a term in a contract for a fixed period which, if early notice to cancel is not given, automatically commits the consumer to a renewed fixed term.
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3 months notice is a strange time to dictate, were you paying every 3 months or did you pay it annually?
The berthdate agreement works both ways in that they could ask you to leave at the end of the 12 month contract . I would read your contract to see if there is any 3 month clause. I have had this before when I decided to leave a marina but was paying the berth fee every 3 months not a one off 12 month payment.

Out of interest which marina or group is this?
 
just to clarify:
This is all I have said:

I am writing to say that I will not be renewing my annual berthing contract; this terminates on 19th April 2016.
I will vacate my berth on or before this date.


The title of the contract is "Annual Berthing Contract" ??

The termination clause:
Termination
8.1 In the event the Owner wishes to terminate the Contract at any time, the Owner must give the Company not less than three months’ notice in writing.
8.2 Without prejudice to any other rights or remedies that the Company may have, the Company may terminate the Contract immediately by serving written notice on the Owner in the following circumstances:
8.2.1 If the Owner commits a serious breach of any term of the Contract which is capable of remedy but which is not cured within 14 days of the written notice to the Owner, at the Owner’s last known address, specifying the breach and requiring its remedy,; or
8.2.2 If the Owner commits a serious breach of any term of the Contract which is not capable of remedy and in the event of a customer being bankrupt.
8.3 Upon termination by the Company pursuant to Clause 8.2 above and where the Owner is on an Annual Contract the Company shall, at its absolute discretion, refund to the Owner the unexpired portion as a fraction of days to the full Contract Duration of the mooring/hard standing fees subject to a right of set-off in respect of any monies owed by the Owner to the Company.
8.4
 
Get your boat out and somewhere else before you get into open conflict with them - I have seen boats impounded to cover outstanding marina fees before now.
 
Chi Man said:
no, nothing about those subjects
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If it's Castle Marinas which google suggest it might be, you may have this:

"Following the three month period, an Owner may terminate the Contract in accordance with Clause 8.1
...

1.4 At the end of the Initial Contract Term the Annual Berthing Contract shall continue until such time as either the Company or Owner shall terminate in accordance with clause 8. "
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My bold.

This is a 12 month minimum contract with rolling extension and three months notice. So as long as your letter was dated at least
three months before your preferred exit date you are fine. Otherwise, it's three months from the date of your letter.
 
maby said:
Get your boat out and somewhere else before you get into open conflict with them - I have seen boats impounded to cover outstanding marina fees before now.
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The Castle Marina contract allows for impounding and moving a boat "elsewhere", or selling a boat to cover unpaid fees.
8.4.2 At the Owner’s risk (save in respect of loss or damage caused by the Company’s negligence during such removal) to remove the Vessel from the Marina and secure it elsewhere and then charge the Owner with all costs arising out of such removal, including alternative berthing fees; and/or
8.4.3 To sell the Vessel by auction and deduct from the sale proceeds
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Just spotted something else. 'Month' is defined as a calendar month, so your notice has to run for three complete calendar months. Say for example, you give notice any time in Jan then your notice is Feb, March and April. You leave within 7 days of 30th April, NOT 3 months after the date of your letter.

Castle Marina said:
“Month” means a calendar month
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It's underpinned by the start of your contract being forced to the 1st of a month:
Castle Marina said:
"Commencement Date” means the 1st day of the Month the Vessel has been advised as arriving at the Marina and detailed on the Contract Invoice
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The wording suggests this is a fixed term contract. If you didn't explicitly renew the contract then it should be deemed as expired on the date as shown in the agreement. Most marina's will try and get as much money out of you as they can (we had an unpleasant experience with an unreasonable marina on the Thames who were obviously short of funds), especially if you terminate mid contract but all you've chosen to do is not to renew rather than leave early. I don't think they have a leg to stand on subject to any of us seeing the small print but it does still suggest a fixed term. Some of the other comments on here are valid though - if you need a lift out it is unlikely they will do this whilst this is in dispute and if you choose to leave it there there is a possiblilty a Lien will be served on the vessel which will prevent movement which means of course that you would also then have loss of benefit. I would suggest you contact them and argue the point and if they aren't reasonable - social media is a powerful tool and they wouldn't want the adverse publicity although they probably have a waiting list so may not care (and thats another reason why folk should avoid them - its called customer care). I'm very lucky to be in a coastal marina which does 'care' about its customers and it is that, more than the location, that is keeping us loyal.
 
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