Terms and Conditions of Marina Use

All use of the Marina is subject to these Rules.
1. For sale notices are not permitted on vessels or cars whilst on The Council of the City of Swansea (hereafter referred to as the Council) premises.

2. The City Council provides moorings for seagoing craft only. Craft exceeding 21 metres in length overall or 6 metres in beam are only permitted within the Marina with the prior written consent of Swansea City Council. The yacht’s name must be exhibited so as to be visible from the pontoon to which she is moored.

3. Bathing within the Marina is not permitted. Small children should wear life jackets and they must have an adult in attendance at all times.

4. In the interest of hygiene, no paper or solid matter shall be discharged from toilets while a vessel is in the Marina.

5. The standard charge for private users is quoted per annum per metre length overall including all projections. It is exclusive of harbour dues, Tawe Barrage fees and of VAT any fraction of a decimetre counting as a decimetre, with a minimum charge equivalent to 6.1 metres. Special rates apply to wide craft such as catamarans and to commercial users.

6. The Council will give berth holders three calendar months notice in writing if not proposing to renew their Berthing Licence Agreement. Berth holders must give the Council at least three calendar month’s notice in writing if they do not wish to renew their Berthing Licence for the following period, failure to do so will render the Berth Holder liable to reimburse the Council for any consequential loss of berthing revenue.

7. Electricity is supplies for non-domestic purposes on a fixed charge daily, weekly or annual basis. Alternatively a metered supply can be provided and meter’s may be purchased from the Council. The Council reserves the right to insist on a metered supply at its discretion. A schedule of charges is available in the Marina Office. They are reviewed from time to time at the Council’s discretion.

8. In mooring a vessel the Berthing Master will try to ensure that as a guideline the mooring pontoon is at least three quarters of the overall length of the vessel. However no firm undertaking can be made in this respect.

9. The Council cannot accept liability for any loss, damage or delay arising from the non operation of the lock gates, Swingbridge and Tawe Lock gates.

10. Entry into the Marina by land or water entails acceptance and observance of these Rules and in particular the Council’s published list of charges, the last named to be payable in advance. As to the application of these Rules, the Manager shall have authority to exercise his discretion.

JOINT TYHA AND BMIF GENERAL CONDITIONS OF BERTHING, MOORING AND STORAGE ASHORE

11. In these Conditions, the Council of the City and County of Swansea shall mean the Council and or the manager to whom the application for berthing is being made. ‘The Manager’ shall be construed as the manager of the marina and shall include any, officer, employee or agent of the Council authorised by the Council to act on the managers behalf. The expression ‘Harbour’ shall include a Yacht Harbour, Marina, Moorings, or any other facility for berthing a yacht. The expression ‘Owner’ shall include a Charterer, Master or Agent or other person for the time being lawfully in charge (other than the Council) of the vessel or vehicle.

12. (a) All vessels and vehicles in or on the Council’s harbour or premises may be moved by the Council to any other part of the same harbour or premises.

(b) The Council shall not be liable whether in contract, tort or otherwise, for any loss, tort, or any other damage of whatsoever nature caused to any vessel or vehicle or other property of the Owner or others claiming through the Owner except to the extent that such loss, theft, or damage may be caused by the negligence or wilful act of the Council or those for whom the Council is responsible.

(c) The Owner shall indemnify the Council against all loss, damage, costs, claims or proceedings incurred by or instituted against the Council or its servants or agents which may be caused by the Owner’s vessel or vehicle or by the Owner, his servants, agents, crew, guests or subcontractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of the Council or those for whom it is responsible.

(d) The Owner shall maintain third party insurance in respect of himself and each of his vehicles or vessels, his crew for the time being, and his agents, visitors, guests and subcontractors in a sum of not less than £1,000,000 in respect of each accident or damage and in respect of each vessel adequate salvage insurance. Such insurance shall be effected and maintained in an insurance office of repute and the Owner shall produce the policy or policies relating thereto to the Council on demand. The Council recommends Third Party insurance of at least £2,000,000.

13. No part of the Council’s harbour or premises or of any vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose.

14. Vessels shall not be used for permanent habitation, subject to variation at the discretion of the Council / Manager.

15. Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a current licence granted to the Owner by the Council subject to these conditions the Owner shall notify the Council of the name and address of the Purchaser, transferee or Mortgage as the case may be.

16. (a) Subject to sub-paragraph (b) of paragraph 16 of these Rules no work shall be done to the Vessel whilst at the Council’s harbour, premises or moorings (unless with the prior written consent of the Manager) other than minor running repairs or minor maintenance of a routine nature by the owner, his regular crew, or members of his family not causing any nuisance or annoyance to any other users of the Council’s harbour, premises or moorings or any other person residing in the vicinity.

(b) Prior written consent for work to be carried out on the Council’s harbour premises or moorings shall not without good cause be withheld in the following circumstances:

(i) Where the work to be carried out is work for which the Council, its concessionaires or those who normally carry out work on behalf would normally employ a specialist sub-contractor, or

(ii) Where the Council is satisfied that the whole of the work is remedial and not servicing and is being carried out under warranty by the manufacturer and/or supplier of the vessel or any part of her equipment to which the warranty relates.

(iii) If the Council has set aside an area of the Council’s harbour premises or mooring where Owners may carry out work on their Vessels, and the work for which consent is sought is restricted to that area and is not to be carried out in a manner prohibited under Regulations for the time being made by the Council with regard thereto.

17. The Council has the right to exercise a general lien upon any vessel and/or other property of the vessel’s Owner whilst in or on the Council’s harbour or premises until such time as any money due to the Council in respect of the vessel and/or other such property whether on account of rental, storage, commission, access or berthing charges, work done or otherwise will be paid.

(a) The Manager reserves the right to refuse to issue a Berthing Licence to any owner of a vessel who shall at all times comply with all reasonable instructions and requests of the Manager.

(b) The Council shall have the right (without prejudice to any other rights) in respect of breaches of these conditions by the Owner in the following manner in the event of any breach by the owner of these Conditions or of any failure by the Owner to make any payments due to the Council. If the breach is capable of remedy or the owner has failed to make any such payment the Council may serve notice on the owner specifying the breach or the failure to pay and requiring him to remedy the breach or pay the amount due within 14 days. If the Owner fails to remedy such breach or pay the amount due within 14 days, or if the breach is not capable of remedy, the Council may serve notice on the Owner specifying the breach or failure to pay (when not already specified) and requiring him to remove the vessel within 28 days, at the expiration of which the Owner shall remove the vessel and any other property of his from the Council’s harbour and premises. The Council shall refund the Owner the unexpired portion of the licence fee (disregarding any discount given) subject to the right set off in respect of any damage suffered by it and/or other monies owing as a result of any of the matters giving the Council the right to terminate the licence.

(c) When no date of termination has been agreed in writing between the parties, the Council or the Owner may terminate the licence granted to the Owner by giving the other 28 days’ notice of such termination, at the expiration of which the Owner shall remove the vessel from the Council’s harbour and premises.

(d) If the Owner fails to remove the vessel on termination of the licence (whether under this Condition or otherwise), the Council shall be entitled.

(i) to charge the Owner with rental which would have been payable by the owner to the Council if the licence had not been terminated for the period between termination of the licence and removal of the vessel from its harbour and premises and/or

(ii) at the Owners risk (save in respect of loss or damage caused by the Council’s negligence during such removal) to remove the vessel from its harbour and premises and thereupon secure it elsewhere and charge the owner with all costs arising out of such removal including alternative berthing fees.

18. In all cases where a contract of hire or licence to occupy any moorings, berth, storage space, property or facilities may be lawfully terminated by notice. The same shall be deemed to be lawfully served if served personally on the owner or sent by registered post or recorded delivery service to the last know address in the United Kingdom of the Owner or to the principal business of the Council.

19. Vessels stored at seasonal rates ashore or in mud berths will be launched or put afloat as near the end of the seasonal period as in the Council’s opinion tide, weather conditions and available facilities permit and in such sequence as to avoid making the most vessels for this purpose and also so as to make the most economical use of the facilities at the Council’s disposal.

20. Any vessel or other goods left at the Council’s harbour or premises are subject to the provisions of Torts (Interference with Goods) Act, 1977, which confers on the Council as Bailee a right of sale exercisable in certain circumstances. Such sale will not take place until the Council has given notice to the Owner or has taken reasonable steps to trace him in accordance with the Act. A similar right of sale shall also arise when any vessel or other goods of which the Council is not a bailee are left at the Council’s harbour or premises.

Any obligation of the Council towards vessels or good left at its harbour or premises end upon the expiry or lawful termination of the grant to the Owner of the facilities in respect of such vessels or goods and the Council accepts no responsibility for loss or damage to any vessels or goods left at its harbour or premises without its consent save in so far as such loss or damage is caused by the negligence of the Council or those for whom the Council is responsible.

21. If in the Council’s opinion such be necessary for the safety of the vessel or for the safety of other users of the harbour or premises or for their vessels or for the safety of the Council’s harbour, premises, plant or equipment, the Council shall have the right to moor, rebirth, move, board, enter or carry out any emergency work on the vessel and except to the extent that such mooring, reberthing, movement, boarding, entering or emergency work arises from the negligence of the Council or those for whom the Council is responsible, the Council’s reasonable charges therefore shall be paid by the Owner.

22. Unless he had the Manger’s prior consent, the owner shall not lend or transfer the berth nor shall he use the berth for any other vessel. For avoidance of doubt, a licence issued under these Rules is personal to the licensee and is non assignable. If the owner notifies the Council in writing that the vessel will be away from the harbour and premises for 28 days or more and the Council is able to re-licence, on a continuous basis for a period or periods of not less than 28 days each, the berth normally occupied by the Owner’s vessel, the Council shall pay the Owner not less than one-third of the licence income so received for each such period.

23. Vessels shall be berthed or moored by the Owner in such a manner and position as the Council may require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner.

24. Nothing in the licence shall entitle an Owner to the exclusive use of particular berth.

25. Berths (including those occupied by vessels on the Council’s harbour or premises or facilities for servicing, overhauling or repair) shall be licensed for the periods from time to time published by the Council at its harbour or premises and charges therefore will be calculated by reference to the Council’s published list of charges ruling at the commencement of the licence.

26. All persons using any part of the Council’s harbour or premises or facilities for whatever purpose and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained within the Council’s harbour premises or facilities was caused by or resulted from the Council’s negligence or deliberate act or that of those for whom the Council is responsible.

27. No vessel, when entering or leaving or manoeuvring into the harbour shall be navigated at such a speed or in such a manner to endanger or inconvenience other vessels in the harbour. Vessels are at all time subject to the speed restrictions and bye-laws of Harbour, Navigation or other authorities.

28. No noisy, noxious or objectionable engines or other apparatus or machinery shall be operated within the harbour or premises so as to cause any nuisance or annoyance to the Council, to any other users in the vicinity and the owner undertakes for himself, his guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid. Haylard’s shall be secured so as not to cause such nuisance or annoyance.

29. No refuse shall be thrown overboard or left on the pontoons, jetty or car parks, or disposed of in any way other than in the receptacles provided by the Council or by removal from the Council’s harbour and premises.

30. Dinghies, tenders and rafts shall be stowed aboard the vessel unless a berth is separately provided by the Council.

31. Owners and their crew are required to park their motor vehicles in such position and in such manner as shall from time to time be directed by the Council.

32. No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the pontoons, jetties or car parks.

33. The Owner shall take all the necessary precautions against the out break of fire in or upon his vessel and the Owner shall observe all statutory and local regulations relative to fire prevention (if any) which shall be exhibited at the offices of the Council. The Owner shall provide and maintain at least one fire extinguisher of a governmentally approved BSI standard type and size in or on the vessel, fir for immediate use in case of fire. Owners shall not refuel vessels in the harbour otherwise than in the Council’s refuelling berth.

34. The Council reserves the right to introduce regulations which relate solely to the administration of the Council’s harbour and premises and which are not inconsistent with these Conditions and to amend such regulations from time to time. Such regulations and any amendments to them shall become effective on being displayed on the Council’s public notice board or other prominent place at the Council’s premises and the Council shall have the same rights against the Owner for a breach of the regulations as for a breach of these conditions. Any question arising as to the interpretation of the rules, regulations and conditions shall be determined by the Council whose decision shall be final.

35. Attention is drawn to the Council’s Byelaws together with any other Byelaws of the harbour, navigation or other authorities which relate to the use of this Marina.

36. Any queries or further information required in respect of these Rules can be obtained from the Marina Manager.