Marina Moved My Boat Without Permission from the Repair Yard and Damaged My Boat: Seeking Advice

[The Real Flipper]

So my boat was in the repairs area on the land and I had several repairs underway, and I got an email from the marina CEO who said they would be moving boats out of the water soon for winter storage and would need the space where my boat was parked for other customers preparing for winterizing. She asked when I would be done and I said two weeks. I didn't hear back. I was talking with two of the yard crew who operate the crane and told them of the agreement and showed them my rudder which was under epoxy repair and said it would be finished in two weeks due to long curing time, and other work underway on the boat. One of them even told me the rudder 'must' be put back up for the boat to be moved as it 'cannot' be moved with the rudder down as it was as it might damage the rudder, the bushings, etc.

Two days later I come to the yard to find my boat on the other side of the yard, moved without notice or permission.
Our previous agreement broken, and I found large bubbles in the fiberglass repair which were not there previously.
And my teak wood that I'd just spent weeks installing new plugs and sanding and varnishing with woodskin, had a large deep scratch in the wood on the transom, right under a wood block they'd used to support the strap that they threw around the rudder. The rudder by the way was not raised, and had just enough post in the rudder tube to go through the bottom bushing.

The navigation mast was left lying, hanging on one bolt off the back.
The spinnaker pole was loose, totally unsecured on the foredeck.
The power was not plugged back in, and food in the fridge went bad.
And overall it was a bad day

The front desk lady was surprised as me, and said they 'never' move a boat without talking to the owner first.

They offered to pay a fiberglass specialist to fix the rudder repair. OK, fine.
But then he painted over the work he did without properly sanding/smoothing, and I can clearly see the lines of the repair.
Anyone buying the boat will ask questions and 'probably' assume it's a shoddy amateur repair.

The paint by the way is hard anti fouling. Which he put directly over the soft anti fouling I just did a few months ago when it was supposed to be in the water.
I've heard this is a no no that you don't put hard anti fouling over soft. So now I might have to argue to have it all sanded down and redone.

The CEO said she'd compensate me with some extra marina time. Since then she's disappeared and I haven't heard from her.

Now the marina general manager is shouting me down saying that I'm being 'exaggerated' to be upset, and has threatened to throw me out of the marina.
He says he will not honor the CEO's promise for compensation. And all communication in the office has been instructed to go through him.
Yeah. It's like that.
The general manager is a bully and shouts over me and says he 'doesn't care' about the teak damage because I have an 'old boat'.
And says we need to (and I'm not kidding) 'go our separate ways' because our relationship is damaged and I need to leave the marina. Which I think is a silly thing for a supposed professional to say.
I mean what does he think? We're dating and breaking up? What a bizarre thing to say...

So am I being 'exaggerated' to be really upset right now?

Opinions / Advice???

 

[Andrew_Trayfoot]

Write to the CEO recorded delivery stating your issues and what you think needs do be done.
Also mention the attitude of the GM.
Give them a time period and advise them you will goto the Small Clains Court if they don't respond to your satisfaction within that time.

 

[dankilb]

Write to the CEO recorded delivery stating your issues and what you think needs do be done.
Also mention the attitude of the GM.
Give them a time period and advise them you will goto the Small Clains Court if they don't respond to your satisfaction within that time.

Don’t think the OP’s in the UK. Netherlands perhaps? Sorry if I remembered that wrong.

 

[Bouba]

I can’t offer any advice about the damage...but my yard move the boats around as and when they see fit...they never ask permission..in the off season the yard is full and rearranging boats happens all the time

 

[The Real Flipper]

Don’t think the OP’s in the UK. Netherlands perhaps? Sorry if I remembered that wrong.

Yes it's The Netherlands.

I can’t offer any advice about the damage...but my yard move the boats around as and when they see fit...they never ask permission..in the off season the yard is full and rearranging boats happens all the time

My boat is not in winter storage, where boats are prepared for a move.
My boat was in the repair area and was undergoing multiple repairs, including the rudder was down and placed on a wooden pallet.
And the marinas own people said they 'never' move a boat with the rudder down, days before the same people moved the boat, with the rudder down.
So I don't think its the same thing as shifting boats around winter storage.

 

[The Real Flipper]

Write to the CEO recorded delivery stating your issues and what you think needs do be done.
Also mention the attitude of the GM.
Give them a time period and advise them you will goto the Small Clains Court if they don't respond to your satisfaction within that time.

All I really wanted was what the CEO promised.
Good idea to send a letter certified to her as the bully manager is just running interference.
What bugs me the most is how she's just hiding behind him after making and breaking a promise to me
And how he's publicly attacking my character for being upset when his own people said they would never do this.
And how my teak wood is damaged and its their fault and all he says is 'your boat is old' so stuff it.
And how obviously sleazy it is to threaten to throw me out of the marina just to bully me into backing down and accepting damage to my boat!

 

[pandos]

You need to work out for yourself which is more important to you. Staying on inthe marina/yard or going separate ways and maybe getting some compensation.

If yards and marinas are plentiful then you probably have a choice, if not perhaps swallow some pride and accept that you want their facilities more than they need you....

My boat was moved several times by a yard without telling me, but this is a very careful yard and they have always taken better care of my boat than I would....

 

[AntarcticPilot]

In the UK (I can't speak for the Netherlands), it would be quite usual for the marina to move your boat to suit their operations; I haven't looked, but it's probably in the small print of the contract, and the reason I've never looked is because I regard it as normal. That said, they usually make sure that boats are situated so they don't need to move them. Again, many UK marinas don't have dedicated "repair" or "storage" areas, except for specific "dirty" tasks like removing antifoul or blasting.

I'd expect the marina to contact me if they needed to move my boat for operational reasons, but I'd expect it to be in the form "We're moving your boat on (date). Is there anything we need to know?" - i.e. telling me they're moving the boat, not asking my permission.

Of course, if they damaged the boat by moving her, they'd be responsible for repairs - but I would deal through my insurers in that case; they have better lawyers than I do.

 

[ean_p]

It may be too late now but you should have laid the damage before your insurers and allowed them and their legal people to claim for the repairs. In addition in the uk threats to eject you from the marina would go badly for the other side should your claim reach court apparently. But now as you are part way through a poor resolution then it may be too late to involve your insurers.....ask anyway as they can only decline to get involved...!
Beaten to it by AP......... also a little advice given by a renowned insurers surveyor was never to be present while the yard moves your boat as you are seen as being part of the process and hence in some measure responsible.....!

 

[guernseyman]

...snip... also a little advice given by a renowned insurers surveyor was never to be present while the yard moves your boat as you are seen as being part of the process and hence in some measure responsible.....!

That's interesting advice; although I have never had problems while present, but several problems when not present, amicably resolved.

 

[AntarcticPilot]

That's interesting advice; although I have never had problems while present, but several problems when not present, amicably resolved.

One marina I was with (James Watt Dock Marina, Greenock) didn't allow owners to be present when they were moving boats, for H&S reasons. That Marina had to use a crane, though - it wasn't possible to have a boat hoist in the dock, as it's a heritage structure and has no suitable location. On land, boats had to be on cradles, and were moved using dollies and tractors. The nearest I could be during boat moving operations was the other side of the dock, and they had the working side of the dock cordoned off with the usual "Do Not Cross" tape, and only marina staff were allowed in the cordoned-off area.

 

[Neeves]

I simply do not understand why you have not involved your insurer - this sad story is one reason for having, full, insurance. Its also the reason marinas, and all businesses, have insurance.

Jonathan

 

[fisherman]

Insurance. My daughter tried to recover a debt in The Netherlands and it was good money after bad. Ask a lawyer first before taking action, although we did and they said yes go ahead and give me your money.

 

[footsoldier]

So am I being 'exaggerated' to be really upset right now?

To put this into some sort of context, your actual damages/losses are:

The contents of the fridge
A rudder repair that does not meet your cosmetic standards
A scratch on the transom teak.

As Pandos wisely said, you need to decide whether you wish to leave that marina or accept that occasionally people make mistakes.

 

[Wansworth]

Fix your boat up,move to another place if you want to,mark it up to life’s injustices but don’t let it sour your life,write a nice letter to the manager putting your point of view and leave it,get on with boating

 

[dankilb]

I personally wouldn’t go in all guns blazing and would try to rebuild the working relationship.

As others have said, the right to move the boat is likely in the Ts&Cs as a ‘reasonable’ operational necessity. There’s also no particular reason a move should affect unsecured gear on deck.

The leisure marine sector is a ‘cottage industry’ and relationships count for a lot. Skilled labour is in short supply and owners often expect a lot from low-paid labour. I’m mates with the manager of our local yard and our ‘banter’ often includes home truths such as: every owner naturally thinks their boat/job is the most important in the yard; we expect a lot from our old/fragile gear; us ‘PBO lot’ often don’t spend that much on yard fees/work/chandlery; etc.

It sucks that you were caught off guard by the move and the subsequent attitude. I’m not condoning their heavy handed response. But it’s always worth trying to see eye-to-eye and understand where each other are coming from.

The comments citing lawyers and even insurance (excess? no claims?) are a bit OTT and bordering on laughable, given the material nature of the potential losses. It could easily end up costing you more…

Good luck!

 

[xyachtdave]

I had my boat moved by an MDL marina on the Orwell twice while taking advantage of their ‘Freedom Berthing’ offer.

I had said if they needed it moved I could get up there any day with a few hours notice, just call.

The first time I didn’t find the boat where I left it, it was just tied up badly, who needs cleats and fair leads!

The second time it was relocated it was tied up badly and had a big green scrape down the side of it, presumably from the green boat I was now alongside.

Obviously everyone at the office denied any knowledge of this, the damage would polish out, so I let it go.

I’ll assume buried in the small print of the contract will be something about no liability acceptable etc so guess voting with your feet/boat is the best option.

 

[steveeasy]

Forget the Terms and conditions. Just what is reasonable and unreasonable. They did speak to you in advance. thats a real bonus. they offered compensation and carried out a repair. that was proactive of them. So that sort of shows they were not really being difficult at the time. We can get very emotional about our boats.

That said yards can be buggers. Not sure if they have in this instance.

Steveeasy
Edit,
Still I agree with the OP. 2 days later was a bit quick. they should have told him. and any damage at all should be repaired. the General manager needs to remember its your boat and not his. you pay for a reasonable service and expect such. Hows that. nothing is black and white.
Steveeasy

 

[ean_p]

I had my boat moved by an MDL marina on the Orwell twice while taking advantage of their ‘Freedom Berthing’ offer.

I had said if they needed it moved I could get up there any day with a few hours notice, just call.

The first time I didn’t find the boat where I left it, it was just tied up badly, who needs cleats and fair leads!

The second time it was relocated it was tied up badly and had a big green scrape down the side of it, presumably from the green boat I was now alongside.

Obviously everyone at the office denied any knowledge of this, the damage would polish out, so I let it go.

I’ll assume buried in the small print of the contract will be something about no liability acceptable etc so guess voting with your feet/boat is the best option.

what did the owner of the green boat with the newly acquired scrape on his boat say about the matter?

 

[Bouba]

what did the owner of the green boat with the newly acquired scrape on his boat say about the matter?

hopefully sorry