Marina terms demand 1% on sale....

[NealB]

I can't find anything on this now......but I'm sure I recall that a court case held that this is an unfair contract term.

Does anyone here know anything, please?

My reason for asking is that I'm thinking of moving the boat from a club mooring, to a marina where such a term is in the contract. I feel inclined to say (in writing), that I don't accept term.

I've also asked the RYA.

 

[lw395]

It's a very common clause.
If you are going to fight it, I would ask the RYA, not just opinion on here.

 

[bedouin]

There was a useful thread on this a few months ago that I seem to recall contained a lot of good information and feedback.

I seem to recall that the trade body for marinas advised against including the term in the conditions.

However whatever the legality I would advise that you negotiate it out of the contract before you sign rather than facing all the hassle should you sell the boat.

 

[Koeketiene]

I can't find anything on this now......but I'm sure I recall that a court case held that this is an unfair contract term.

Does anyone here know anything, please?

My reason for asking is that I'm thinking of moving the boat from a club mooring, to a marina where such a term is in the contract. I feel inclined to say (in writing), that I don't accept term.

I've also asked the RYA.

Forumite Jonic would be a good point to start.
The boat in question was one he had sold.
IIRC, the marina withdrew its claim a couple of days before the court case.

 

[sailorman]

http://www.ybw.com/forums/showthread.php?t=319666&highlight=selling+a+boat+in+a+marina

petehb raised the issue issue Shotley Marina & won

 

[rivonia]

When signing a contract it is prudent use a black ink pen and delete those items that you want removed and sign where you have done this.

Peter

 

[cliveshelton]

+1 for amending the contract by hand. See Yachting Monthly Jan 2013.

 

[rustybarge]

Remember under common law the original issuer of the contract must be made aware of the changes you have made before it would be legal; you must send him registered letter.

ie if you make changes unbeknownst to the issuer, he will say that was not the intention of the original contract as issued, and therefore invalid.

 

[NealB]

Thanks for the replies (and the pm's).

Loads of good stuff there.

I'll be talking to the marina people about this before signing up.

 

[wotayottie]

Thanks for the replies (and the pm's).

Loads of good stuff there.

I'll be talking to the marina people about this before signing up.

I'm not sure that the unfair contract terms stuff prevents the marina from saying to you " goodbye - we dont want your business". So maybe its best to sign the contract knowing you dont have to follow it in that respect.

 

[pvb]

I'm not sure that the unfair contract terms stuff prevents the marina from saying to you " goodbye - we dont want your business". So maybe its best to sign the contract knowing you dont have to follow it in that respect.

I'm not sure that many marinas would turn away new customers that easily.

 

[NealB]

I'm not sure that the unfair contract terms stuff prevents the marina from saying to you " goodbye - we dont want your business". So maybe its best to sign the contract knowing you dont have to follow it in that respect.

Maybe, but if they say that....no problem....we'll call their bluff!

 

[Skylark]

My marina berth contract has similar wording.

I always add a handwritten addition to the offending paragraph along the lines of "non-exclusive, no sale, no fee, commercially competitive, agreed in advance commission". My changes have been reviewed and accepted by the marina and brokerage.

IIRC, a few months ago Tim Bartlet was asking for forumite feedback on this practice.

 

[flobbets]

IIRC, a few months ago Tim Bartlet was asking for forumite feedback on this practice.

That'd be because he's got an article about this very subject in this month's YM.

 

[jonic]

That'd be because he's got an article about this very subject in this month's YM.

Good article too. I've seen a draft.

 

[Mrs FG]

There are two main bits of legislation that concern unfair terms, the Unfair Contract Terms Act (UCTA) and the Unfair Terms in Consumer Contracts Regulations (UTCCR).
UCTA is concerned with exclusion clauses, and prevents the service provider unfairly excluding or limiting liability for failing to provide the service or failing to cover their responsibilities to the customer. UTCCR is a bit more far-reaching and covers terms which unfairly place burdens on the customer without the service provider reciprocating; so, for example, if they required you to give 6 months' notice to give up your berth, but they only had to give you 2 weeks' notice to quit, that would be unfair and unenforceable against you. At first sight, it doesn't look as though the marina's requiring a 1% commission on the sale of the boat in situ (presumably on the understanding that the new owner takes over the mooring) would fall foul of either UCTA or UTCCR. Having a mooring to pass on would tend to increase the value of your boat; and the Marina may have other potential customers whose boat they would wish to have there instead.

However, the Marina can't purport to be a member of a trade body and validly include this term if the trade body doesn't allow it.

As Rustybarge says, if you wish to alter the contract, you must get the marina to acknowledge your alterations, by counter-signing them. Ordinary first class post is a valid method of service, but you must get such acknowledgement, otherwise not only will your alterations not be valid, but the whole contract will be void for lack of agreement if the terms you change are fundamental enough. In effect, sending back an altered agreement would be a counter-offer of terms from you, which the Marina would be free to accept, or reject and tell you to go elsewhere.

 

[stuhaynes]

I don't know if the following is country wide but around here (inland) marina t&c's can claim a % of repair costs carried out by outside contractors. This is in our own marina t&c's but bless 'em, it is not enforced.