quick poll - how much does your marina charge for 'Sale on berth'?

Nothing about this in my annual contract (Premier) but the "Marina Regulations" say this:

16.2 No Boat or Vehicle may be offered for sale, or for hire,
charter or timeshare or be advertised or permitted to
be used for such purposes except with the Company’s
prior written consent which it may at its sole discretion,
withhold. For the avoidance of doubt, any Boats used
for hire or charter whilst berthed at the Marina may
only carry out such operations with the express written
permission of the Marina Manager and all such Boats
must hold the necessary licences and insurances
commensurate with any such activity including
certification where required by the Marine Coastguard
Authority. (the “MCA”). MCA website: www.mcga.gov.uk.
16.3 Owners are permitted to arrange a private sale of not
more than one Boat (such Boat being usually berthed at
the Marina) during any period of 12 consecutive months.
In the event of such private sale the Owner shall be
present at all times during which the Boat is viewed and
shall not be permitted to display a “for sale” notice on the
Boat whilst at the Marina;
16.4 The Owner must notify the Company of his intention to
sell the Boat.
Click to expand...
 
I think it was the Forumite Fr. J Hackett who challenged in court Shotley Marina's attempt to enforce such a charge, and won. Court agreed it was not an enforceable term.

I recall from a previous thread on the subject that the British association of marinas (can't remember its proper name) advise their members against having such a term in their contracts, but many still do. Unsurprising, as it's effectively free money for the marina, and few will challenge them.
 
Slightly off but recently sold my boat... Marina insisted I pay until end of contract ie August but could not transfer to new owner.But then charged him for Berth.So effectively getting paid twice for same boat Thanks Milford Haven!
 
Whiterose said:
Slightly off but recently sold my boat... Marina insisted I pay until end of contract ie August but could not transfer to new owner.But then charged him for Berth.So effectively getting paid twice for same boat Thanks Milford Haven!
Click to expand...

Such terms are commonplace and, depending upon what is in the contract, are almost certainly reasonable and enforceable because you probably paid a lot less by paying for a full year rather than paying month by month.

You could, almost certainly, have found a way around this by doing a "side deal" with the new owner but that would need pre-planning and would not always be practical.

Richard
 
Whiterose said:
Slightly off but recently sold my boat... Marina insisted I pay until end of contract ie August but could not transfer to new owner.But then charged him for Berth.So effectively getting paid twice for same boat Thanks Milford Haven!
Click to expand...

ive just experienced the same thing from the buyers perspective. Bought a boat last Sept, owner said it came with the birth up until June this year and that it was already paid for. but the marina office (no doubt quite within their rights) refused to transfer the remaining paid for months, instead i had to pay for a temporary winter mooring (in the same birth already paid for). Ive now been given notice i have to move as it runs out this month.
Not a welcoming start if im honest. Received payment twice for the same mooring and then essentially boot me off. Hey ho, im happy to go elsewhere if thats how it is.
 
A common practice (and entirely fair) is for a marina to refund the already paid whole year berthing fee, and instead charge the number of months/weeks at their monthly/weekly rate up to the sale date. Obviously as it approaches a year into a contract just sticking with the discounted whole year rate is sometimes cheaper.

A few marinas/boatyards do still definitely charge 1% plus VAT on sale, but the numbers doing so are dropping.
 
You must log in or register to reply here.

Share this page

Top