Sailing allowed in lockdown

[Lucky Duck]

Spot on. Those drizzling for a refund are just trying it on in my opinion. And yes I have a yacht in a marina and its neither their fault nor mine that theres a global pandemic. My yacht still needs a berth whether I use it or not.

Previously on this subject;

a) Most of the main marina operators in the UK have already offered discounts
b) The UK Competition & Market Authority have said that at that a refund is due.

While some might not agree, that is where we are.

 

[colhel]

Spot on. Those drizzling for a refund are just trying it on in my opinion. And yes I have a yacht in a marina and its neither their fault nor mine that theres a global pandemic. My yacht still needs a berth whether I use it or not.

Why's there such derogatory language used on the forum these days. I was one of those "drizzlers" as you call them, I tried to explain at the time how much anxiety I was going through then. Maybe just offering a different opinion, I deserve to be talked down too. Maybe I should just man up eh?

 

[NotBirdseye]

Why's there such derogatory language used on the forum these days. I was one of those "drizzlers" as you call them, I tried to explain at the time how much anxiety I was going through then. Maybe just offering a different opinion, I deserve to be talked down too. Maybe I should just man up eh?

What derogatory language? No one called anyone a drizzler and even if they did... I'm not entirely sure what the problem is with being called 'light rain'.

 

[capnsensible]

Previously on this subject;

a) Most of the main marina operators in the UK have already offered discounts
b) The UK Competition & Market Authority have said that at that a refund is due.

While some might not agree, that is where we are.

Muppets.

 

[Lucky Duck]

Muppets.

Presumably you also condemn their decision that if I had booked a holiday cottage in the lakes over Easter I am due a refund?

 

[capnsensible]

Presumably you also condemn their decision that if I had booked a holiday cottage in the lakes over Easter I am due a refund?

Completely and obviously different. And yes until batbug I owned a holiday rental property with bookings that I refunded. However if someone had rented my swimming pool to put their boat in then full normal price applies.

 

[Lucky Duck]

Completely and obviously different. And yes until batbug I owned a holiday rental property with bookings that I refunded. However if someone had rented my swimming pool to put their boat in then full normal price applies.

Not at all, in the holiday cottage example it (the cottage) is still there and available for me to stay in but I am prevented from taking up residence due to something that is outside of both parties control. The CMA say that the contract is frustrated and a refund must be given.

For the marina, the same event has prevented me from using my boat and, as the CMA say, that part of the contract has been frustrated and consequently at least a part refund must be given.

While it may be different elsewhere, but in my neck of the woods most of the marina and boatyard staff were placed on furlough and business also received other government assistance so an alternative outlook would be that they should recognise the reduced cost base in their charges.

Edit - If people simply wanted somewhere to store their boat without being able to easily access it or use then they could keep it in a mud berth in some creek in Essex for a fraction of the price of a deep water marina berth on lake Solent.

 

[capnsensible]

Nothing to do with the marina. They are not the ones preventing your access. And you still need the mooring covid or no covid. To pretend otherwise is just a shyster trick.

Oh wait a minute you might be onto something. I broke my ankle in June and the surgeon who put a metal plate in my leg told me not to go sailing for two months. He, clearly, should be paying my moorings fees.

On second thoughts, that's completely stupid.........?

 

[Mark-1]

Completely and obviously different.

I've no strong opinion on whether the UKCMA have called this right or not, but I'm not convinced that a marina that can't/won't allow the boats to leave carries the same value as a marina that can/will allow boats to leave. And if it doesn't the cottage analogy works perfectly well. The marina cannot provide the service it's being paid for, in just the same way that the holiday cottage can't. It can provide a portion of the service, but not all of it.

 

[Mark-1]

On second thoughts, that's completely stupid.........?

You could write to the CMA to let them know they got it wrong, in your opinion.

 

[dom]

Nothing to do with the marina. They are not the ones preventing your access. And you still need the mooring covid or no covid. To pretend otherwise is just a shyster trick.

Did you per chance ever work for Ryanair?

 

[Lucky Duck]

You could write to the CMA to let them know they got it wrong, in your opinion.

Indeed, the concept of a contract becoming 'frustrated' is a well understood legal concept which breaking one's leg simply does not fall into.

If members of the forum wish to persist in describing accepting the discounts widely offered as some kind of underhand tactic then, alas, it appears that can't be helped

 

[jimi]

As far as I can see the lockdown resulted in Marina Operators having the same costs and less income, no visitor fees, no fuel sales. If OTOH their costs were significantly reduced I'd expect that to be passed on to berth holders.

 

[Blue Sunray]

As far as I can see the lockdown resulted in Marina Operators having the same costs and less income, no visitor fees, no fuel sales. If OTOH their costs were significantly reduced I'd expect that to be passed on to berth holders.

I know that a fair number of the staff at our place were furloughed, so that would have been a cost saving.

 

[dom]

I know that a fair number of the staff at our place were furloughed, so that would have been a cost saving.

Alongside a host of other Government support packages including Sick Pay Relief, Business Rate Holidays, Cheap Loans, Local Restrictions Support, etc. Such largescale taxpayer support was designed to support businesses who lost a large part of the revenue by Covid-19 factors including contracts frustrated through no fault of their own.

The idea was most certainly not to add an additional profit line to businesses choosing to game the system.

The CMA was quite right IMHO and I've yet to see one serious argument here to challenge their logic.

 

[jordanbasset]

Seems to me if marinas have to pay compensation it would open up the floodgates for a lot of others. What about people who own caravans on parks that were shut, should they get compensation?

 

[FlyingGoose]

Seems to me if marinas have to pay compensation it would open up the floodgates for a lot of others. What about people who own caravans on parks that were shut, should they get compensation?

If they are paying site fees , then yes as the law stands in regards to boating. But do not tell them

 

[jordanbasset]

If they are paying site fees , then yes as the law stands in regards to boating. But do not tell them

Also what about second homes? They pay council tax

 

[Lucky Duck]

If they are paying site fees , then yes as the law stands in regards to boating. But do not tell them

Refunds for caravan parks was being discussed as far back as May

Can I get a refund on static caravan fees if I can't use it due to coronavirus?

 

[FlyingGoose]

Also what about second homes? They pay council tax

In regards to second homes and council tax , the law is diffrent as each council can set their rules for second homes, their argument being that you reduce the council coffers by taking up housing stock and then not paying any money towards the area, but then expect to enjoy it at your leisure or rent it out to make money.
This might seem non concerning were only 5% of homes are holiday let’s ,but there are places decimated by more than one third of homes being a holiday let, and that’s one third of revenue taken away. Yet you would still expect your bins cleared, the police to come around, the street lighting, the council services , etc when you visited
Also before you bought your home you knew the council tax obligations before entering into sale , but with the marinas covid has become an unusable and unique event, which then needs case law to look at it as it has not happened in such a scale
They have looked at it and found in favour of the client who has a boat in the Marina, and pays fee without access
This was discussed last lockdown and it is intresting to see those that were vehemently against Marinas giving anything out and belittling myself when I fought for this , are now agreeing with this ruling
Company excluded ofc