All users of Cahersiveen Marina are subject to these Rules
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
- 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.
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.
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.
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.
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.
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.
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
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).
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.
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.
Dinghies, tenders and rafts shall be stowed aboard the vessel
unless a berth is separately provided by the Company.
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.
No items of boats, gear, fittings or equipment, supplies,
stores, or the like shall be left upon the pontoons, jetties
or car parks.
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.
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).
Children must be supervised by responsible adult at all
times and must wear lifejackets.
Dogs must be kept on a lead whilst on the premises and must
not be allowed to foul the footpaths, pontoons and surrounding
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
or fishing within the confines of the marina is not permitted.
SOS stations are fitted with a lifebuoy and fire extinguishers
are strategically located around the pontoons.
Boats on a collision course alter course to starboard.
Powerboats give way to sail, except in restricted areas.
Boats should pass port to port.
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.
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.
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.
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
We hereby agree to abide by the Rules of the Cahersiveen Marina.
Limited, 'The Old Barracks', Bridge Street, Cahersiveen, Co.
Telephone 00 353 (0)66 9472777 Fax 00 353 (0)66 9472993
© 2002 Cahersiveen Marina. All rights reserved.