Who pays, locked in berth ?

sailaboutvic said:
Just take care what and how you write , remember their have a right to charge you , your using a berth , maybe ask nicely if they could give you some kind of discount ,
Us cruisers around the Med seen to be getting info from marina . Our have just said they will keep the rate at winter rates,plus 30% discount , other are charging normal rates .
Good luck
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Which marina is giving the 30% discount?, Vic
 
Brighton are disabling fob access from tomorrow. My contract ends on tuesday and the plan (which travel restrictions had already scuppered) had been to move the boat to plymouth for a refit. I just had a chat with them about what their position would be on charging people who had been intending to move and apparently this is yet to be decided.
 
I am in a similar position. Boat is in Ipswich Haven Marina where it has spent the winter and should have moved back to our YC marina at the end of March. Club Marina is closed and unattended, so I am forced to stay in Ipswich for the duration. I have spoken to the manager who has agreed that I can pay winter rates for next month, and “then we will think again”, hopefully they will agree to continuing the discounted rate. I do not expect free berthing, they are after all keeping an eye on my boat, but hope they will not charge Summer Visitor rates from May onwards, I have already paid in full for a berth at the YC.
 
I am a Scottish Canals customer, I also represent the Crinan on a pressure group called Swfa which meets with the Canal management regularly (in Falkirk) to discuss the operation and maintenance of the canals. Of course these meetings are currently suspended but I may be able to enquire remotely once things settle somewhat.
It is worth reading the conditions on the SC website, they specify that if navigation is curtailed you will not be able to claim compensation from SC but by implication they also state that once the period of the contract ends you must leave. All Sc cotracts are for a specified time often paid for in instalments that do not equate to the number of months in the contract. If the OPs contract ends he stops paying them then he is obliged to leave, if SC refuse to allow him to do this they might have difficulty in claiming any more than was allowed for in the contract. Their rules would require that a new contract and license is required.
In summary, my personal opinion is that once the OPs contract period is over if SC will not let him leave they will be in a very weak position when negotiating a new contract.
I am in the opposite position, I have entered in to a contract for this years berthing from April to Sept. but I expect to be prevented from accessing my berth, I do not expect to be charged for the service that they are unwilling (unable?) to offer me.
The Canals have only been closed for a week, nearly all their staff are at home, it will take a bit of time for them to make decisions on what they are going to do, patience!
 
Quandary said:
I am a Scottish Canals customer, I also represent the Crinan on a pressure group called Swfa which meets with the Canal management regularly (in Falkirk) to discuss the operation and maintenance of the canals. Of course these meetings are currently suspended but I may be able to enquire remotely once things settle somewhat.
It is worth reading the conditions on the SC website, they specify that if navigation is curtailed you will not be able to claim compensation from SC but by implication they also state that once the period of the contract ends you must leave. All Sc cotracts are for a specified time often paid for in instalments that do not equate to the number of months in the contract. If the OPs contract ends he stops paying them then he is obliged to leave, if SC refuse to allow him to do this they might have difficulty in claiming any more than was allowed for in the contract. Their rules would require that a new contract and license is required.
In summary, my personal opinion is that once the OPs contract period is over if SC will not let him leave they will be in a very weak position when negotiating a new contract.
I am in the opposite position, I have entered in to a contract for this years berthing from April to Sept. but I expect to be prevented from accessing my berth, I do not expect to be charged for the service that they are unwilling (unable?) to offer me.
The Canals have only been closed for a week, nearly all their staff are at home, it will take a bit of time for them to make decisions on what they are going to do, patience!
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that sounds like a bit of sense , and not some apologist , of which there have been a few .
 
Kelpie said:
We're in a similar position. Have our own, free, mooring near the house waiting for the boat. She's on a pontoon on another island, and our berthing contract runs till the end of April. I have zero confidence that we will be allowed to get on a ferry to go and get her- or even that if we could get to the marina, we would be allowed to actually make the passage.

We had no intention of extending the berth contract, and do not wish to have to stay there... so I hope that the marina will show some understanding and offer at least a discounted rate.
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not sure of what distances are involved here but what about a dingy ( with outboard ) for access ?
 
cherod said:
so if his own one is free what then ?
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Firstly, as Quandry says the canal have a weak case for payment as it is they that have closed the Canal. However, if it were me I would be happy to pay the same amount as the new summer mooring would have cost so long as I received a refund from the summer mooring people. In fact that is kind of what has happened with my boat and Mylor Yacht Haven have been good enough to send me a full refund which is now paying to keep the boat in the Solent.
 
mainsail1 said:
Firstly, as Quandry says the canal have a weak case for payment as it is they that have closed the Canal. However, if it were me I would be happy to pay the same amount as the new summer mooring would have cost so long as I received a refund from the summer mooring people. In fact that is kind of what has happened with my boat and Mylor Yacht Haven have been good enough to send me a full refund which is now paying to keep the boat in the Solent.
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so he pays nothing ,, that would seem fair
 
Are you suggesting they operate the lock, perhaps in the dead of night? that will go down well with the Canal Trust.
 
I have two boats stuck in two yards and was due to launch yesterday on one of them and move to cheap mooring and the other in two weeks to cheapish mooring.

WTF my son and his GF are stuck in Ghana, the local cafes are going bust and so will the pub, my lodger and his new GF are now unemployed.

I think I will see what the yards want to charge me, and only dispute it if it seems unreasonable. Life is too short to fret about monthly fees - lets see if we survive unscathed with only that to worry about.
 
Quandary said:
I am a Scottish Canals customer, I also represent the Crinan on a pressure group called Swfa which meets with the Canal management regularly (in Falkirk) to discuss the operation and maintenance of the canals. Of course these meetings are currently suspended but I may be able to enquire remotely once things settle somewhat.
It is worth reading the conditions on the SC website, they specify that if navigation is curtailed you will not be able to claim compensation from SC but by implication they also state that once the period of the contract ends you must leave. All Sc cotracts are for a specified time often paid for in instalments that do not equate to the number of months in the contract. If the OPs contract ends he stops paying them then he is obliged to leave, if SC refuse to allow him to do this they might have difficulty in claiming any more than was allowed for in the contract. Their rules would require that a new contract and license is required.
In summary, my personal opinion is that once the OPs contract period is over if SC will not let him leave they will be in a very weak position when negotiating a new contract.
I am in the opposite position, I have entered in to a contract for this years berthing from April to Sept. but I expect to be prevented from accessing my berth, I do not expect to be charged for the service that they are unwilling (unable?) to offer me.
The Canals have only been closed for a week, nearly all their staff are at home, it will take a bit of time for them to make decisions on what they are going to do, patience!
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Quandry: Thank you for your input , although this may seem trivial to some "its only mooring fees" i feel this is the thin end f the wedge for many! Many companies will fail or struggle to come through this situation ! that does not in the least suggest that they get to "re invent " contract law. My contract with Scottish Canals is quite specific therefore i will send them an email in response to their demand for future payment and be hopefully enlightened by their response.

Regards John
 
Yes, I suggest that you advise them that your contract was for a specified period at the end of which you intend to leave the canal, ask them when they intend to facilitate that, if they advise that it is not on a date as intended ask them what they intend to offer to compensate. A fair quid pro quo in the circumstances might be that you do not seek compensation for impounding your boat and they do not charge for the continued occupation of the berth, If you vacate they can not use it anyway under present restrictions.
I suspect that they will eventually organize a periodic transit with limited staff operating in separation, it should be possible to do that safely but that is just a guess, if they lock down for a year there is little you can do but wait.
If you need to exit to the west you are using lochs which while part of the canal and buoyed as such, are not controlled by SC. It would not be good to get stuck in Loch Ness.
 
Quandary said:
Yes, I suggest that you advise them that your contract was for a specified period at the end of which you intend to leave the canal, ask them when they intend to facilitate that, if they advise that it is not on a date as intended ask them what they intend to offer to compensate. A fair quid pro quo in the circumstances might be that you do not seek compensation for impounding your boat and they do not charge for the continued occupation of the berth, If you vacate they can not use it anyway under present restrictions.
I suspect that they will eventually organize a periodic transit with limited staff operating in separation, it should be possible to do that safely but that is just a guess, if they lock down for a year there is little you can do but wait.
If you need to exit to the west you are using lochs which while part of the canal and buoyed as such, are not controlled by SC. It would not be good to get stuck in Loch Ness.
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Quandry Thank you < my intention is to exit via Corpach.

Regards

John
 
cherod said:
not sure of what distances are involved here but what about a dingy ( with outboard ) for access ?
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My boat is currently about 45nm away so that's a bit of a long dinghy trip (mind you a mate did it in his Wayfarer a few years back!)
I'm not going to try and break any rules/advice and have no intention of making unnecessary journeys- even if the boat was closer to home on a mooring I still wouldn't be going out sailing. It's really just a question of whether I'm going to have to pay a large and unexpected bill for a summer in the marina, on top of what is already proving to be a catastrophic year financially. Insult to injury and all that.
But to put it in perspective, my family is in good health and we are very fortunate to live somewhere that we can endure lockdown in comfort. It could be worse.
 
Quandary said:
Yes, I suggest that you advise them that your contract was for a specified period at the end of which you intend to leave the canal, ask them when they intend to facilitate that, if they advise that it is not on a date as intended ask them what they intend to offer to compensate. A fair quid pro quo in the circumstances might be that you do not seek compensation for impounding your boat and they do not charge for the continued occupation of the berth, If you vacate they can not use it anyway under present restrictions.
I suspect that they will eventually organize a periodic transit with limited staff operating in separation, it should be possible to do that safely but that is just a guess, if they lock down for a year there is little you can do but wait.
If you need to exit to the west you are using lochs which while part of the canal and buoyed as such, are not controlled by SC. It would not be good to get stuck in Loch Ness.
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Scottish Canals Update

I emailed Scottish canals asking their intentions no that my winter contract had come to an end. After a wee bit of email traffic Scottish canals have now given ALL licence holders 3months credit on their licence ! so nobody pays April May and June.

Regards

John
 
JVL said:
Briefly ,wintered in the Caley canal fully intending to leave at the end of the month for my summer mooring. Scottish canals have locked down the canals so that no one can proceed to sea at the end of their winter mooring contract. Email arrives this morning saying i will be charged on monthly basis for the mooring . Any legal eagles or others who have been in such a situation can advise please.

John
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Many of us are in the same position here on the South coast in my case i'm denied access to my boat so stuck.
Some Marinas are offering deals some not , however, with a virus killing people i'm glad to be alive and healthy and will worry about it when the current crisis is over.
In any case stay at home is stay at home don't go to the boat!!!
 
Even if you were allowed to leave the canal, how would you, with the current travel restrictions banning non essential travel. Your boat is arguably much safer in the canal than on a mooring and so it will also negate the need to travel to it for checking and/or emergency situations. If it was me, in these troubled times I would WANT the boat in the canal for peace of mind and safety.
I would try to negotiate an acceptable final position with the canal authority and be thankful that my boat was in a place of relative safety.
 
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