Premier Marinas new charge for offsite contractors

[PhillM]

If it were written into the berthing contract it would almost certainly be covered by the unfair terms in consumer contracts regulations. As with the recent discussions about the brokerage clause - such terms are simply not enforceable

It is, clause 6,4 in the Marina Regulations.

A contractor may not work on a Boat for reward
without the Company’s permission. This permission
will normally be given only to resident contractors
and to off-site contractors registered with the
Company. Such contractors should demonstrate
their competence and provide proof of current
insurance against potential risks in the sum of at
least £5,000,000 (or such sum as the Company
deems appropriate to the risk presented). On arrival
contractors must report to the Marina Reception with
a copy of their insurance documentation.

 

[bedouin]

It is, clause 6,4 in the Marina Regulations.

A contractor may not work on a Boat for reward
without the Company’s permission. This permission
will normally be given only to resident contractors
and to off-site contractors registered with the
Company. Such contractors should demonstrate
their competence and provide proof of current
insurance against potential risks in the sum of at
least £5,000,000 (or such sum as the Company
deems appropriate to the risk presented). On arrival
contractors must report to the Marina Reception with
a copy of their insurance documentation.

That is reasonable until they start charging the external contractors more than a small fee to cover the cost of registration.

 

[JumbleDuck]

If it were written into the berthing contract it would almost certainly be covered by the unfair terms in consumer contracts regulations. As with the recent discussions about the brokerage clause - such terms are simply not enforceable

I have only once had a marina contract - at Milford Haven, some years ago - which had a £5/day charge for contractors. I have looked at several marina and boatyard T&Cs since then and ever single one included a similar provision. As someone said up ^^^ there, marinas and yards have a duty of care to their customers to check and control who is working there.

 

[PhillM]

I have only once had a marina contract - at Milford Haven, some years ago - which had a £5/day charge for contractors. I have looked at several marina and boatyard T&Cs since then and ever single one included a similar provision. As someone said up ^^^ there, marinas and yards have a duty of care to their customers to check and control who is working there.

I do agree that the marina needs to control who is working and what they are doing. That's reasonable.

I also don't mind them wanting to have passes for approved contractors. It would be even nicer if they published a list of same.

I don't like the charges as I think they are unreasonable.

Also, if they are going to manage the working practices and methods of external contractors, then they should to the same for the contractors who rent premises. Just because on site contractors pay rent doesn't make them better - or worse. So there should be a fair and level playing field.

 

[JumbleDuck]

I do agree that the marina needs to control who is working and what they are doing. That's reasonable.

I also don't mind them wanting to have passes for approved contractors. It would be even nicer if they published a list of same.

I don't like the charges as I think they are unreasonable.

If a contractor is going to do one day's work on someone's boat then an extra fiver on the bill seems a fairly trivial and reasonable charge. I can see that a contractor might well get a bit peeved if s/he did 200 days a year on-site and had to pay a grand for permission to do so. Perhaps an annual season ticket for the regulars would be sensible.

Also, if they are going to manage the working practices and methods of external contractors, then they should to the same for the contractors who rent premises. Just because on site contractors pay rent doesn't make them better - or worse. So there should be a fair and level playing field.

They could probably say that when someone works full-time on their premises they have a better knowledge of that person's competence than J. Random Contractor turning up out of the blue.

Not that I'm a great fan of marinas, you understand, but in this case I'm finding it hard to be terribly outraged.

 

[Petertheking1982]

Just to let your contractors know there is an annual deal, get them to ask in an office to find out how much.

 

[Jim@sea]

Its probably an Insurance thing. Quite cleaver really as it reduces the liability of the marina/boatyard if there is a claim because Insurance Companies will do anything to get out of a claim and since it became law that a business has to have done a "Fire Risk Assessment" and have an "Electrical Safety Certificate" the moment an outside contractor goes to work on your boat unless he has paid the £5 if anything happens where there is a claim they are not liable. Obviously they will not accept the £5 payment unless they have seen a copy of the contractors Public Liability Insurance and say in the case of a welder or plumber an individual Fire Risk Assessment where they are to work.
I came across this when after a visit at the Commercial Premises which I rent out the Insurance Inspector said "I want to see a copy of the Fire Risk Assessment"
At the Equestrian Centre I rent out Farriers visit frequently to shoe horses. But reading the Government handbook where there is a "Naked Flame" the Farrier should do a Fire Risk Assessment and hand it to the Tenant as well as a copy of the Insurance.
So I went there recently and because it was raining the Farrier was shoeing a horse inside the barn, which was full of straw, his lit gas burner was in the open door of his land rover, to his right and above his head was a diesel tank and people were standing around smoking.
If there had been a fire my Insurance Company would not have paid and I would have to have asked the tenant for the cost of fire damage.
If the Farrier had done a Fire Risk Assessment and handed that and a copy of his Insurance to my tenant we would have been covered an my Insurance Company would have gone for the Farrier and his Insurance Company.
This £5 charge is the "Tip of the Iceberg" where more and more businesses are being brought into line to reduce the risk.
Comments anyone ?

 

[Daydream believer]

Bradwell marina say that their charge is £ 2-00 per hour
Personally if the marina has their own recognised tradesmen then I can understand them charging more for a non recognised one not in their direct control
However, I still would charge if I owned the marina.
The tradesmen use facilities, electric, water, toilets etc & why is it not reasonable to charge if they have to let them in?
£ 5-00 sounds OK to me

 

[Colvic Watson]

If the contractor is working there regularly then he's effectively running a business on their premises and for that £5 a day is a real bargain!

 

[DownWest]

I was asked to do an SS fabrication at Lagos Marina. The resident broker said I could sub for him and would not need to pay the €1k /year fee the Marina would ask from me to work there. I was then told that the broker had a bad record of paying on time. So walked. Job went to a guy on a yacht in the marina who avoided the fee??
I had loads of work promised in Vilamoura after I aced a 6 month problem in five minutes, But figured that when the marina got it's act in gear, they would edge out any freelancers. I was right. First they banned any person who worked on a boat from employing other people, then made it more difficult for outside outfits who did not have premisis on site. While I understood the need to keep it in house, their general inefficiency was appauling. In one case, I had finished the work that the yard was contracted to do, launched the boat (Victory 40) and was discussing the bill with the owners an hour before their departure, when the yard manager came on board and asked me to translate about when they would do the work.... Queue grins from the owner and crew, while the manager realised that the work had been done and wished them a good trip.. Quite happy about it. Doubt that is the case now.

 

[stuartwineberg]

I'm certainly no expert and I know Jim is and I think he has it nailed here. Premier is the yard (where I am berthed) where an owner recently destroyed his and an adjacent boat by setting fire to some lanolin. I imagine this caused the company to look very closely at their insurances and risk assessments and this is their reaction even though the fire wasn't caused by a contractor. I go along with the general view that as long as the contractor is insured, a small fee to handle the admin of reading and checking risk and method assessments is reasonable and I, as a punter, would be happy to have that added to the day rate for the job being done. I wonder though whether the marina would, in fact, read and critique the assessments or merely dump them in a file as a "tick box"

Its probably an Insurance thing. Quite cleaver really as it reduces the liability of the marina/boatyard if there is a claim because Insurance Companies will do anything to get out of a claim and since it became law that a business has to have done a "Fire Risk Assessment" and have an "Electrical Safety Certificate" the moment an outside contractor goes to work on your boat unless he has paid the £5 if anything happens where there is a claim they are not liable. Obviously they will not accept the £5 payment unless they have seen a copy of the contractors Public Liability Insurance and say in the case of a welder or plumber an individual Fire Risk Assessment where they are to work.
I came across this when after a visit at the Commercial Premises which I rent out the Insurance Inspector said "I want to see a copy of the Fire Risk Assessment"
At the Equestrian Centre I rent out Farriers visit frequently to shoe horses. But reading the Government handbook where there is a "Naked Flame" the Farrier should do a Fire Risk Assessment and hand it to the Tenant as well as a copy of the Insurance.
So I went there recently and because it was raining the Farrier was shoeing a horse inside the barn, which was full of straw, his lit gas burner was in the open door of his land rover, to his right and above his head was a diesel tank and people were standing around smoking.
If there had been a fire my Insurance Company would not have paid and I would have to have asked the tenant for the cost of fire damage.
If the Farrier had done a Fire Risk Assessment and handed that and a copy of his Insurance to my tenant we would have been covered an my Insurance Company would have gone for the Farrier and his Insurance Company.
This £5 charge is the "Tip of the Iceberg" where more and more businesses are being brought into line to reduce the risk.
Comments anyone ?

 

[markleuty]

a small fee to handle the admin of reading and checking risk and method assessments is reasonable

But who, in the Premier Marina office is qualified to say whether a "risk and method assessment", is valid and/or safe? I'm not slagging off staff at Premier Marinas, as mostly, I have the greatest of respect for them. But if they say "pay us £5 and give us a risk assessment", if they're not qualified to assess the assessment, then no one is really covered, apart from them as they can blame it on someone else.

This isn't about safety, it's about making money and passing the buck.


Mark