Marinas & money for old rope

[hillyarder]

Its my fault because I signed the contract. But. Needed to leave Chichester marina as it was becoming increasingly expensive. Apparently I have to pay 25% of my berthing fee until the end of my contract in february even though they have sold my berth to someone else. This means they are getting someone elses 100% and my 25% for the same berth. Perhaps its legal but surely not moral. Like I say, I signed the contract so it is my fault. Still a bit of a bastard though.

 

[Joe_Cole]

No justification whatsoever.

No wonder these people have such a lousy name.

You could always refuse to pay and see what happens. At least you can have the satisfaction of making them pay to send solicitors letters etc...or has this been covered in the contract?

Regards

Joe

 

[JeremyF]

I think someone has tried that technique at Chi Marina. On J pontoon there's a boat covered in green algae that hasnt moved for 3 years, secured to the pontoon. I think it must be a battle to the end between owner and marina. Marina looses berthing fees, owner sees boat deteriorate, becoming a wreck.

<font color=red>Jeremy Flynn/forums/images/icons/crazy.gif
Dawn Chorus</font color=red>

 

[Joe_Cole]

I see your point, but in this case Hillyarder has decided to leave anyway. He may as well leave the bill behind him IMHO.

Joe

PS It's always a pity to see a boat rotting away though.

 

[hillyarder]

I could leave the bill behind me but the big companies always get you. the bottom line is i signed the contract. it was my decision to leave so i suppose i pay a penalty. the real killer is that they have sold the berth to someone else. i daresay he/she doesnt know that that i have a 25% stake in their berth.

 

[Joe_Cole]

Yes, I understand that. All I was saying is that I would make it as difficult and expensive for them as possible. I agree with you that what they are doing is probably legal but not moral. What I am suggesting is probably moral but not legal!

More importantly I think that we should register our protests with these people rather than roll over and pay up. It's certainly worth trying to point out the error of their ways first, a polite letter may persaude them to be reasonable (but I doubt it).

That's what I would do anyhow, but I understand your point.

Joe

 

[hillyarder]

Joe
i know what you mean. i have tried all the possibilities i legally have. i really wish i had the strength to not pay but i know the outcome is inevitable. all i can say is, to anyone else, read the small print before making a commitment. trouble is people think yachties are rich profligates and as such prime for rip offs. beware is my advice.

 

[Mr Cassandra]

Hello. Can I ask why don`t ,you wait untill the end of the contract then leave ?.That way you have had all the benifit of your stay ,without you loseing out .
Cheers bob t

Bob T

 

[LadyInBed]

Print out a flyer and put it on all the boats in the marina. It wont help you, but everyone will then be aware of their position.

 

[hillyarder]

Good point Bob. Places are at a premium so when the place at birdham came up i had to take it there and then otherwise i might miss out.

 

[hillyarder]

I was thinking of telling the bloke who has bought my berth, but then i thought, why depress him.

 

[Trevethan]

stick a tender in the berth till February - tell marina if the want the space they have to accommodate re: contract

 

[LadyInBed]

Re: tender - I like it! - nm

 

[chas]

I went off marinas when I visited Dartmouth last summer. I was charged £35 for one night alongside in a 33 ft yacht. There was a bathroom ashore (I used it twice!). I am not going back!!!

 

[RichardDunstan]

Was there provision in the contract for subcontracting. For instance, could you have sublet your berth?

 

[Joe_Cole]

Nice idea, but he's having to pay 25% to get out of the contract now. Surely this would mean he would have to pay 100%, or am I missing something?

Joe

 

[hillyarder]

dead right joe.

 

[bedouin]

I'm sorry to say this doesn't seem too unreasonable to me.

Most such contracts don't have any termination clause at all - once you've paid for the year then that's it. If they guarantee to let you get out of the contract whether or not they can re-let the berth then they are taking risk, and it is reasonable to charge a premium for taking that risk...

 

[hillyarder]

a penalty is faur enough if they couldnt sell the berth to someone else. bearing in mind there is a waiting list as long as your arm to get into chi and the fact that the berth has now got someone paying for it. i would consider that unreasonable. if they couldnt sell it then i should pay the full cost. once they have sold it, i still think it unreasonable that 2 people are paying for the same berth.
the reason i decided to leave was that the price of berthing was increasing well above inflation for no more services offered.

 

[Oldhand]

On the grounds that the 25% fee can only be justified on the basis of the Marina's risk in not being able to "sell" the berth, write to them stating it is unreasonable to expect you to pay the 25% as they have not suffered any loss from your early departure. Whatever contracts might say they are always contestable on the grounds of being unreasonable. Use the "unreasonable" argument, get your boat out if you haven't already done so and don't pay.