Yard lockdown Storage charges

[erich27]

We were due to launch on 8th of April but prior to that the yard locked their gates with no access to boats. Our winter storage expired at the end of April and we are now being charged summer storage full rate on a monthly basis with still no access to our boat to finish off the work prior to launch .
Anyone else in the same predicament?

 

[RJJ]

We were due to launch on 8th of April but prior to that the yard locked their gates with no access to boats. Our winter storage expired at the end of April and we are now being charged summer storage full rate on a monthly basis with still no access to our boat to finish off the work prior to launch .
Anyone else in the same predicament?

Yes. PM' you.

For others' benefit: my view is that you have a contract with the yard which includes access. If you wanted access and were content it was a "reasonable excuse" then that was your call (and I don't judge); if the yard chose to exclude you it was their call and their discretion.

There's no marginal cost to keeping you on the hard for a bit. They shouldn't be charging you.

Their only obligation throughout (as a business) has been to enable social distancing, which isn't difficult.

Also worth contacting the RYA per my thread on the topic a few weeks ago. Very helpful.

 

[Minchsailor]

I have a boat worth many £10Ks some 600 miles away that I would love to get ready to launch and go sailing. I am happy to pay the yard secure in the knowledge that it is being looked after. One less thing to worry about at the moment.

 

[Graham376]

I have a boat worth many £10Ks some 600 miles away that I would love to get ready to launch and go sailing. I am happy to pay the yard secure in the knowledge that it is being looked after. One less thing to worry about at the moment.

+1

Ours is costing €300 p.m. but it's more secure than on the mooring. We could also be living aboard if we wanted to.

 

[Ian_Edwards]

Yes, I'm in the same situation, it costing me £466.66 per month (the boats under cover, I paid extra so I could work on the deck during the winter). I'm still being charged the winter undercover rate, even though the boat is ready to launch. I had a launch date booked for the 27 March, and the yard closed on the 25th, it's still locked and I have no access.
I have good advice from The RYA and it is their view that I should not be charged.
If you look at the Competition and Marketing Authorities website,

The Coronavirus (COVID-19) pandemic, consumer contracts, cancellation and refunds

it is fairly clear that under consumer law no charge should be made. However, the legal advice I have is that any dispute is a civil matter, and whilst I can apply pressure the ultimately the only recourse is through the courts.
I have my local MP and MSP working on the case, and I have made a formal complaint to the CMA, I have also written to the MD of the marina asking for a credit note against the invoice, but have had no response.

 

[awol]

I have a boat worth many £10Ks some 600 miles away that I would love to get ready to launch and go sailing. I am happy to pay the yard secure in the knowledge that it is being looked after. One less thing to worry about at the moment.

I thought she was in Stornoway?

 

[chriss999]

Exeter city council is not charging in this situation, which is correct i believe. However boats are on the hard next to the quay or are tied up, and it is not a locked facility, so possibly different from your situation.

 

[Graham376]

The Coronavirus (COVID-19) pandemic, consumer contracts, cancellation and refunds

it is fairly clear that under consumer law no charge should be made. However, the legal advice I have is that any dispute is a civil matter, and whilst I can apply pressure the ultimately the only recourse is through the courts.
I have my local MP and MSP working on the case, and I have made a formal complaint to the CMA, I have also written to the MD of the marina asking for a credit note against the invoice, but have had no response.

Two sides to every problem. Marinas are within their right to charge for keeping boats safe and they still have rates, utilities, property leasing charges, etc.to pay and they are losing money by not doing lifts and other work.

 

[Minchsailor]

I thought she was in Stornoway?

I wish..............

Looks like the plan for this summer of returning to the Faeroes and onwards to Iceland is not going to happen.

 

[RJJ]

Two sides to every problem. Marinas are within their right to charge for keeping boats safe and they still have rates, utilities, property leasing charges, etc.to pay and they are losing money by not doing lifts and other work.

The former, arguably, but it's not much of a benefit if your boat would otherwise be safe to your satisfaction on some other (paid-for) mooring and you are only out of water to do work.

The latter set, their costs and their business case, are their concern and their creditors. Sure, one may feel like helping them out and that's all very nice; or one may feel that they did well enough out of us in the good times, and our income is heavily hit by the recession, and we owe them nowt.

 

[Stemar]

Two sides to every problem. Marinas are within their right to charge for keeping boats safe and they still have rates, utilities, property leasing charges, etc.to pay and they are losing money by not doing lifts and other work.

Yes, but charging someone the expensive summer rate when it's the yard that's preventing them leaving seems unreasonable. If it were me, I'd grumble a bit about being charged the winter rate, but would most likely accept it. Putting the rate up because my boat's a prisoner in their yard strikes me as completely out of order. First thought is to pay under protest so they can't slap a lien on the boat, then take action once they haven't got anything of mine. To those who say that the yard has costs and is struggling, I'd agree, but that's no excuse for sharp practice and, to me, they've forfeited any right to sympathy or consideration.

 

[RJJ]

Yes, but charging someone the expensive summer rate when it's the yard that's preventing them leaving seems unreasonable. If it were me, I'd grumble a bit about being charged the winter rate, but would most likely accept it. Putting the rate up because my boat's a prisoner in their yard strikes me as completely out of order. First thought is to pay under protest so they can't slap a lien on the boat, then take action once they haven't got anything of mine. To those who say that the yard has costs and is struggling, I'd agree, but that's no excuse for sharp practice and, to me, they've forfeited any right to sympathy or consideration.

They'll be struggling more if they haven't got a market because they pissed off their customers.

They are in breach, not you. No need to rush them to relaunch if their operations are difficult; no need for them to charge you extra for the delay.

 

[LONG_KEELER]

It's not as if you are taking up space that they would otherwise sell to another customer waiting for it. They will still get the lift in revenue when the time comes or it's already included in the winter package.

Many people are really struggling financially now and will be for some time to come.

 

[Trident]

The marina I was in until last week when I left, gave all winter package customers free mooring after lock down, opened the coin boxes on the laundry and kept all staff on 100% wages during furlough. One new employee who had given notice at his old job but not yet started at his new one, was brought in to work and train from day one as he was not allowed to be furloughed under the rules.

That to me is how a marina should be run and has won loyalty and respect from all its customers - though a few grumpy old men still complain that they've not been allowed in - but I certainly would not return to a marina or yard that treated me the way the OP has been. I hope it works out for you

 

[pandos]

These matters will really comedown to the contract and the reality that most users are consumers and consequently should be in a good position...if it was me I'd be happier if I had asked them to launch and they had refused. Or if I had sought access to do work and they had refused/prevented me from getting the boat out...

In our yard you pay for the year or part thereof and one lift in and one lift out whether you launch or not so no pressure to get it in on any particular day... no one taking the piss and no arguments about extra charges because you missed the launch day...

 

[earlybird]

Is this situation somewhat analogous to garages which have vehicles, either just purchased or in for service, which couldn't be returned to their owners prior to lockdown closure? There are several around here.
No garaging charges for safe-keeping being imposed AFAIK.

 

[FlyingGoose]

I have been a vocal voice on this matter as some know and others will not because they put me on ignore
I contacted my yard over the last few weeks and have been given a credit of 330 pounds on my Account , simple arrangement . laid out my case,
I am in Scotland , and have also heard a few other marinas in the Clyde area have given some discounts, and wavered fees, the ones I know of are independents as is mine , and it seems that big boys in the Market do not care so much and it is a money grab , customer service industry people , If I did this to you in my Hotels , you would have my hide

 

[Donal2020]

The Boatyard where my yacht is currently is charging for stowage but not restricting access so I think that is fair enough, she is locked away and safe... About 2 miles away is the Marina......, which shut its doors a few days before the start of annual licence period is still charging 100% despite my boat not being there, not being able to get it there and if I do manage to get it there, I can't go on it... Needless to say, less impressed with them. I did suggest that a reduction in monthly charge would be appropriate but still await a response on that. They did email to say they were doing additional checks on boats and looking after things... Perhaps I could ask them to go down and swish about the water a little where my boat would have been... Part of the "increased level of service they tell me they are offering during this difficult period"....

 

[Pasarell]

Our situation is slightly different as we are in Greece but the principle is the same. The marina went onto high season rates on 1st April but no boating is allowed by law. It was possible to take the boat out of the marina and onto the town quay but, of course, many people were trapped in their home countries. The marina offered those who wanted to stay in the marina the winter rate less 25% until sailing is allowed again. I'm not aware of anyone deciding to move to the town quay.
Overall the marina have been excellent at keeping everyone informed of what is happening and trying to be as reasonable as possible.

 

[Deleted member 36384]

Silvers Marine, Roseneath on the banks of the Gareloch, near Helensburgh gave April free but are charging winter storage rates minus a discount from May onwards. However, the Gareloch is an Admiralty Harbour (home to our nuclear deterrent) and they have closed the harbour to all leisure boats; it is heavily patrolled by plod and military.

I have an annual contract with Craobh Marina, owned by Holt Leisure Parks (same owners as Kip Marina and Fairly Quay) have given loyalty and early bird payment discounts but not offered any additional discounts. I believe all of Holt's marina / yard facilities are closed by themselves.

Boat is being looked after at Silvers, communication from them is good and they have attended to a couple of jobs post closed, so not too fussed. Holt Leisure Park I have read in these forums have offered a berth holder(s) a discount at Kip but that has not been rolled out to Craobh.