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All users of Cahersiveen Marina are subject to these Rules

  1. In these Rules the Company shall mean ACARD Limited and/or its agents to whom the application for berthing is made which may be its associated companies, concessionaires, tenants and assignees for the operation of 'harbour' shall include a yacht harbour, marina, moorings, or any other facility for berthing a vessel. The expression' Owner' shall include a charter, master, or agent, or other person for the time being lawfully in charge (other than the Company) of the vessel or vehicle. The expression 'Licence' shall mean the licence granted to the Owner to berth any vessel on the Company's harbour or premises persuant to these Rules.
  2. All vessels and vehicles in or on the Company's harbour and premises may be moved at any time by the Company to any other part of the same harbour and premises.
  3. The Company shall not be liable whether in contract, tort or otherwise, for any loss, theft 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.
  4. The Owner shall indemnify the Company against all loss, damage, costs, claims or proceedings incurred by or instituted against the Company 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 sub-contractors.
  5. The Owner shall insure his vessels and vehicles adequately against loss or damage howsoever caused and shall maintain third party insurance (including both public liability and where relevant employers liability insurance) in respect of himself and each of his vessels or vehicles, his crew for the time being and his agents, servants, visitors, guests and sub-contractors in a sum of not less than £1,000,000 in respect of each accident or damage and shall maintain 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 Company on demand.
  6. Except with the written consent of the Company, which may be withheld at the Company's sole discretion, no part of the Company's harbour or premises or any vessel or vehicle shall be used by the Owner for any commercial purpose, including hiring, embarkation or disembarkation of charter parties, sale or demonstration for sale or hire of the vessel, provided that the occasional use of the vessel by a personal friend of the Owner on payment to the Owner of a contribution towards the actual running cost of the said vessel shall not be deemed a commercial purpose hereunder. The Owner shall upon request by the Company supply full details in writing of all such use under the proviso to this Rule.
  7. No work shall be done to the vessel whilst in or on the Company's harbour or premises except by the Company (unless with the written consent of the Company which may be withheld at the Company's sole discretion) 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 harbour or premises or any person residing in the vicinity.
  8. The Company 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 Company's harbour or premises until such time as any money due to the Company in respect of the vessel and/or other such property whether on account of rental, storage, commission or berthing charges, work done or otherwise, shall be paid.
  9. The Company shall have the right (without prejudice to any other rights in respect of breaches of these Rules by the Owner) to terminate the Licence granted to the Owner in the following manner in the event of any breach by the Owner of these Rules or of any failure by the owner to make any payment due to the Company. If the breach is capable of remedy or the Owner has failed to make any such payment the Company may serve notice on the Owner personally or by sending it by recorded delivery to his last known address specifying the breach or failure to pay and requiring him to remedy the breach or pay the amount due within 14 days.
  10. 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 Company may serve notice on the Owner personally or by sending it by recorded delivery to his last known address 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 Company's harbour and premises. The Company shall refund the Owner the unexpired portion of the rental (disregarding any rebate given) subject to a right of 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 Company the right to terminate the Licence.
  11. When no date of termination for a Licence has been agreed in writing between the parties, the Company 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 Company's harbour and premises.
  12. Any obligation of the Company toward vessels or goods left at its harbour or premises ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such vessels or goods and the Company accepts no responsibility for loss or damage to any vessels or goods left at its harbour or premises without its consent.
  13. If the Owner fails to remove the vessel on termination of the Licence (whether under this Rule or otherwise), the Company shall be entitled:
    - To charge the Owner with the rental which would have been payable by the Owner to the Company 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
    - At the Owner's risk 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.
  14. The Company shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on the vessel, if in the Company's opinion such be necessary for the safety of the vessel or the safety and/or convenience of other users of the harbour or for the safety or good management of the Company's premises, plant and equipment and the Owner shall pay the Company reasonable charges for such work.
  15. The Owner shall not lend nor transfer the berth Licence (being personal to the Owner, relating to a particular vessel and non-assignable) nor shall he use it for any other vessel without prior consent of the Company.
  16. The vessel shall be berthed or moored by the Owner in such a manner and position as the Company may from time to time require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner. The Owner is entirely responsible for ensuring that his vessel is moored or berthed in a safe and secure manner.
  17. Berths may be licensed for the periods published by the Company from time to time, Berthing fees will be calculated by reference to the Company's published charges from time to time. The Company will not rebate to Owners whose vessels are absent from their berths or moorings for long periods.
  18. Nothing in this Licence shall entitle the Owner to the exclusive use of any particular berth. If at any time during the period of this Licence the berth previously allocated by the Company to the Owner shall not be used by the Owner for mooring the Owner's vessel, then the Company shall be entitled to moor or permit a third party to moor a vessel at such berth and the Company shall be entitled to all income (if any) arising. Upon the Owner returning his vessel to the harbour, the Company shall use all reasonable endeavours as soon as practicable to make such berth or an alternative berth available to the Owner. The Owner shall use all reasonable endeavours to give to the company not less that 24 hours' previous notice of the Owners intention to return his vessel to the harbour.
  19. All persons entering or using any part of the Company's harbour or premises or facilities for whatever purpose and whether by invitation, or otherwise do so entirely at their own risk.
  20. The vessel, when entering or leaving or manoeuvring in the harbour shall not be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the harbour. Vessels are at all times subject to the speed restrictions and by-laws of the Company or harbour, navigation or other authorities.
    Please observe DEAD SLOW speed limit and do not create excessive wash within the confines of the Marina. There is a speed limit in the marina of 4 knots and the roadway speed limit within the marina complex is 8kmph (5 mph).
  21. No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Company's harbour or premises nor shall animals be allowed within the companies harbour or premises so as to cause any nuisance or annoyance to the Company, to any other users of the harbour or premises or any person residing 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. Halyards shall be secured so as not to cause such nuisance or annoyance.
  22. No refuse or noxious substances including oil residues or sewage shall be discharged or thrown overboard or left on the pontoons, jetties or car parks, or disposed of in any way other than in the receptacles provided by the Company or by removal from the Company's harbour premises. Owners shall only refuel craft at the fuelling point provided.
  23. Dinghies, tenders and rafts shall be stowed aboard the vessel unless a berth is separately provided by the Company.
  24. 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 Company.
  25. No items of boats, gear, fittings or equipment, supplies, stores, or the like shall be left upon the pontoons, jetties or car parks.
  26. The Owner shall take all necessary precautions against the outbreak of fire in or upon his vessel and the Owner shall observe all statutory and local regulations relative to fire prevention (if any), which may be exhibited at the offices of the Company. The Owner shall provide and maintain at least one fire extinguisher of a Governmentally approved or BSI standard type and size in or on the vessel in case of fire, which extinguisher shall at all times be kept ready for immediate use and in good and efficient working order. Owners shall not refuel vessels in the harbour otherwise than at the Company's refuelling berth.
  27. terminate this Licence if at any time the Company's harbour or premises shall be so damaged, impeded, or interfered with by force majeure (as hereinafter defined) as to render it likely that the Company will be unable to continue to provide a berth or mooring in accordance with the Licence entered into between the Company and the Owner.
    a. In this Rule force majeure means any event or circumstances (whether arising from natural causes, human agency or otherwise) beyond the control of the Company including (insofar as beyond such control but without limitation) weather conditions, riots, civil commotion, aircraft, fire, breakdown or war.
    b. In the event of such termination as aforesaid the Company shall refund the Owner the unexpired portion of the rental (disregarding any rebate given).
  28. Children must be supervised by responsible adult at all times and must wear lifejackets.
  29. Dogs must be kept on a lead whilst on the premises and must not be allowed to foul the footpaths, pontoons and surrounding areas.
  30. During the development of the marina complex, the Company cannot accept any responsibility for disturbance noise, dust and any other inconvenience suffered by owners on account of building work carried out at the premises or on land adjoining thereto.
  31. Bathing or fishing within the confines of the marina is not permitted.
  32. SOS stations are fitted with a lifebuoy and fire extinguishers are strategically located around the pontoons.
  33. Boats on a collision course alter course to starboard.
  34. Powerboats give way to sail, except in restricted areas. Boats should pass port to port.
  35. Any person in charge of a fast power boat in the estuary shall ensure that it is at all times under proper and adequate control and that it is driven at such reduced speeds as are necessary in the vicinity of bathers and or other water users including canoeists, wind surfers etc. so as not to cause fear or anxiety.
  36. Do not make excessive wake when passing other vessels, in particular powerboats passing sail boats. Observe the speed limit in the marina. If boats are manoeuvring close to you, please allow them to complete their manoeuvre. Whenever possible assist in the berthing of another vessel.
  37. Fire Drill
    a. Raise the alarm.
    b. Inform the marina Office.
    c. Clear the area of people who may be in danger in in particular those who are downwind of the fire.
    d. Tackle the fire only if it is safe to do so.

The foregoing Rules shall apply to all users of the Company's harbour and premises. These Rules may be altered added to or amended from time to time by the Company. Upon such amended Rules being displayed at the Marina Centre or served on the Owner any addition or amendment shall be deemed incorporated herein.
We hereby agree to abide by the Rules of the Cahersiveen Marina.
Signed:
Date:
Witness By:
Date:

 


ACARD Limited, 'The Old Barracks', Bridge Street, Cahersiveen, Co. Kerry, Ireland
Telephone 00 353 (0)66 9472777 Fax 00 353 (0)66 9472993

© 2002 Cahersiveen Marina. All rights reserved.
info@cahersiveenmarina.ie