The Mooring Contract comprises the Booking Form and these General Conditions.
The Mooring Contract will commence on the date specified on the Booking Form or the date of arrival of your Vessel in the Marina, if earlier and will end one year later,
unless an earlier end date is specified on the Booking Form.
The Mooring Contract will be automatically renewed for a new mooring contract of the same duration, subject to clause 10.
You may berth your Vessel at the Marina and, subject to clause 26.2, use such facilities as are provided for customers with berths at the Marina subject to the terms and conditions of and for the duration of this Mooring Contract.
OWM shall not be liable in contract, tort or otherwise, for any loss, theft or any damage of whatsoever nature suffered by you or in relation to your Vessel or any other property belonging to you, your crew, Contractors or visitors, except to the extent that such loss, theft or damage was caused by the negligence of OWM.
Notwithstanding clause 4.1 above, OWM shall not be liable for any indirect or consequential loss or damage.
You shall maintain third party insurance for yourself, your crew, agents and visitors in respect of your Vessel. Such insurance shall be for a sum of not less than £2,000,000 in respect of any accident or incident in relation to your Vessel and shall include sufficient cover against full foundering, salvage and wreck removal claims.
You must ensure that any Contractor maintains corresponding insurance for a sum of not less than £2,000,000. All such insurance(s) shall be effected and maintained by reputable insurance companies authorised under the Financial Services Authority (or its successor) or under the laws of another member state of the European Union. You shall produce (or in the case of your Contractors, you shall procure that the Contractor produces) the policy or policies and evidence of payment of the premiums, to OWM on demand. You agree not to do anything that could lead to such policy or policies being revoked, invalidated or not renewed in the ordinary course.
OWM shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of any event for which OWM is not responsible. However, OWM may salvage or preserve your Vessel or other such property when it reasonably considers necessary. Where it does so it shall be entitled to charge younon a normal commercial basis and where appropriate, to claim a salvage reward.
Except with the prior written consent of OWM, you may not use any part of the Marina or your Vessel for any commercial purposes including, without limitation, hire of the Vessel, embarkation of charter parties, rental accommodation or advertising of any kind, or display any advertisements or signs on the Vessel or anywhere else within the Marina. If OWM gives its written consent for commercial use, such use will be subject to such further terms and conditions as OWM may specify and to the payment of additional fees.
Occasional use of your Vessel by your friends on payment to you of a contribution towards the running costs of the Vessel is not be deemed to be a commercial purpose, however, upon request, you shall supply to OWM full details in writing of all such use of your Vessel by friends.
You shall not place on or in your Vessel or anywhere else in the Marina, any advertising of a vessel for sale. Whilst it is moored at the Marina, you may not place your vessel for sale with a brokerage other than the brokerage operated from the Office..
Within seven days of any sale, transfer or mortgage of your Vessel, you must notify OWM of the name and address of the purchaser, transferee and/or mortgagee. The Berth is not transferable to the new owner of your Vessel without express permission from OWM and the completion of a mooring contract with them. You may not berth any substitute vessel at the Marina unless this has been agreed in writing by OWM as a variation of this Mooring Contract.