Marinas - Damaged in the marina, but is it their fault?

[sailingcolin]

A certain North Wales marina which will remain nameless has an interesting solution to the use of 'real' breakwaters; it in fact employs floating style breakwaters to protect the boats.

In this marina as a result there is considerable movement during periods of windy weather, i'm told that it hasn't been un-herd of for certain spans of the marina to actually break during storms due to movement as without piles i'm told its only anchored on stretchy rope to allow it to rise and fall in a very tidal harbour.

I returned to my boat after a few week period and owing to her quite large freeboard she had sustained quite serious cosmetic damage, all around the marina it would appear that most boats in there are taking quite a pounding in this heavy weather with chips and scrapes.

The question is do I tackle the marina? And if so from what angle? My insurance won't pay for wear and tare but the marina is a quite frankly not fit for purpose IMHO. I was warned by a few local members of the sailing club but assumed some sort of rivalry between the club and its moorings and the marina, I never imagined it would have been as bad as they made out. My insurance company said I had to go onto the marina from October, as it turned out, I should have just stayed on the mooring, M. Basically I may as well have tied up against the wall, I would have received similar damage but without the winter marina berthing rates!

 

[Fin]

Just put my boat in there two weeks ago and have the same concerns. my insurance co insist the boat is only there during the summer due to the design of the marina. As it is we are trying to leave because amember of their staff was rude and unhelpful, to the extent of really quite upsetting my other half. The only prob we now have is that we initially signed on for six months and how we can get out of it.

Fin

/forums/images/graemlins/confused.gif

 

[fireball]

stop paying ... thats always a good one ... very often it isn't worth dragging someone to court if they won't pay for what they don't want and aren't using - after all, the marina is in it for the money, not for the good of their health !!

(I moved mobile phone provider a while back and the original company wouldn't cut my phone and sent me out a bill - I said I wasn't going to pay - they threatened to cut me off .... at last!! they'll do as I want them to do!!) ... never did pay.

Banks are usually only too happy to stop a DD or standing order - the DDs are more fun cos then they get to refuse a request - they seem to enjoy that bit /forums/images/graemlins/smile.gif

Best to be prepared to pay the full 6 months though...

 

[isandell]

One thing that you could do is name the marina so that others aren't similarly affected.

Ian

 

[Thistle]

Welcome to the forums!

Would it be reasonable, and acceptable to both sides, to withhold payment up to the estimated cost of repairs? Perhaps give the money to an independant party to hold while the dispute is being settled?

 

[William_H]

Is it their fault? A good question - only a court could decide. and that is not likely to be cost effective.

It seems to me your only recourse to compensation for damage is to sue the marina for providing goods/services not fit for the purported purpose. However they may defend by claiming that the marina and therefor the protection provided is as inspected by you. If the design of the marina is such that on inspection no one could expect the protection you might get in a solid marina then you had no right to expect any better protection. (being devils advocate here)( do they put out any advertising material?
Certainly you should move if you can. You obviously won't sleep well in a storm while the boat remains there. Regarding breach of contract to stay for 6 months the arguments above still apply except it will be them trying to sue you for breach of contract. A far better position to be in. good luck olewill

 

[AngusMcDoon]

It's not just the wind blown waves. It's the wash from the ferries that are rather large at times as well that also cause problems.

Figured it out yet?

 

[LittleShip]

Holyhead ?
Oh!..... we like these guess it games!/forums/images/graemlins/smile.gif
Tom

 

[SteveA]

Although only a visitor I have used this marina several times and was told by several locals of the problem when the wind was blowing from a particular direction, luckily we never experinced any damage when there.
I would be suprised if your insurance wouldn't pay out for this sort of thing. We have just had exactly the same problem while tied to a floating pontoon in a dock; strong winds have caused quite a bit of cosmetic damage and the insurance company have quite happily agreed to cover the cost of repair.

 

[Trajan]

Ha! Holyhead! Which boat are you? We left there at the end of last month after a run in with 'unhelpful and unfriendly’ staff. I was actually living aboard the boat while a uni student at Bangor, I spent many nights running around in some cases almost being washed off those floating break’s (which you have to go on to get to the boats if your on row 1)…

Assuming your still in there be prepared for the following quotes from the 'Marina Manager'...

"We don't need you as customers as we have a 70 boat waiting list"

- this when the marina is half full

"I don't want "old and little boats on the marina" as there a waste of space"
were a 90's (not that old) Cruiser racer, 30ft.

We have taken some really bad knocks during the summer, but because of a £350 insurance excess don't bother claiming.

Deal with the top guy, Ed Hughes, otherwise you'll get no where with Sally or Geoff, the Office and Marina managers respectively... From my observations from being there a while you mite find there willing to do you a good deal on repairs if you avoid the insurance companies as they do not want them involved.

Much more damage there and its going to be insurance blacklist.

 

[ShipsWoofy]

[ QUOTE ]
Much more damage there and its going to be insurance blacklist.


[/ QUOTE ]

Then doesn't that make it more important that everyone claims for damage! Once boats can't actually use the facility then the management will have to do something!

 

[itsonlymoney]

Hi Tom
Yep we like the name and shame stuff as well /forums/images/graemlins/grin.gif
Would'nt it be great if someone from the marina concerned posted a reply on here.
Ian
PS I have great belief in the "two sides to every story scenario" and therefore withold judgement on this matter.

 

[Guest]

UK has one advantage ..... Small Claims Court and Trading Standards

Often with idiot companys and managers who try to duck and dive ... Trading Standards love them !!

Second if not exceeding I believe £5000 for reapirs / claim etc. - then Small Claims Court is a good place to seek help.

You could have a quiet wander round and see if anyone else is willing to file claim with Trading Standards / Small Claims Court ... but beware of being labelled a 'stirrer' !!

Threaten the Marina Management with TS and SCC ??