h4nym
(regular)
12/01/2003 05:48
Onerous marina terms

Kim

I had serious trouble with a marina on the Thames over the issue of using external contractors.

I did contact the RYA, but go no response from them at all.

What's the RYA's take on marina terms? Does it believe it has any value it can add by, say, an accreditation scheme that doesn't allow for things like

a) Berth holders being forced to use on-site contractors for repairs/maintenance

b) Berth holders being forced to hand over a commission on sale of their boat regardless of whether their landlord has done anything to secure said sale!

In fact - does the RYA do anything for folks who aren't on the Solent?



**DONOTDELETE**
()
14/01/2003 16:22
Re: Onerous marina terms

A number of marinas have a closed-door policy whereby they charge outside contractors a daily fee to work on yachts on their premises. There is nothing unlawful about this, although it is not a popular practice among berth-holders.

Also, some marinas charge commission on sale of yachts while in the marine. Again, unpopular but not illegal.

The RYA established an accreditation scheme for marinas some years ago and this has slowly but suerly been gaining ground around the country...Pwllheli, Dover, Chichester, Port Solent, Carrickfergus, Eastbourne, and a number of others. Eligibilty is based on:- Value for money, Security, Facilities, Maintenance, Staff helpfulness, Peaceful enjoyment, Communication and Safety issues.

I will check with the co-ordinator of our Berth-Holders Associations Forum whether the contractual complaints referred to above are covered by the scheme, and report back.



h4nym
(regular)
14/01/2003 17:21
Re: Onerous marina terms

Rod

I got told to leave a marina on the Thames simply for using external contractors - no request was made for payment, but they simply weren't allowed to be on site. I wrote to the RYA. I got no response!



**DONOTDELETE**
()
14/01/2003 17:27
Re: Onerous marina terms

I'm very sorry about that.

Please resend your letter to me, Rod Carr, at the RYA and I will chase it up.





Observer
(regular)
14/01/2003 17:43
Possible practical solution

When you get your berthing renewal notice, send it back with your cheque and a letter disapplying the precise terms you object to - like paying the resident broker a fee even if you sell your boat privately or through another broker. If they accept what is effectively your counter-offer on those terms, they will be bound by them.

However, you have to be moderate. Striking through swathes of terms which are legitimately needed to protect the marina owner won't work. Also, did you talk to the marina owner before bringing in the outside contractor. They may be willing to waive the rules on a case by case basis but they are entitled to prohibit numbers of unsupervised, external contractors from swarming around - it's their property after all. They have responsibilities to their business tenants (resident contractors) as well as to berth-holders.




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