Section 1 - Marina Terms and Conditions

Ramsgate Royal Harbour Marina is owned and operated by Thanet District Council.  These Terms and Conditions should be read in their entirety.  For more information about services available, consult the Harbour Guide. 

SECTION 1 – MARINA TERMS AND CONDITIONS 

1.1            DEFINITIONS 

1.1.1         “The Council” shall mean Thanet District Council. 

1.1.2         “The Marina” shall include any area of the Council’s estate on land or on water (including the boat park and any area on or beneath the surface of the water) and any other facility provided by the Council for use as harbour facilities. 

1.1.3         “The Owner” shall include a lawful owner, charterer, master or agency or any other person for the time being lawfully in charge (other than the Council) of a vessel berthed within the Marina. 

1.1.4         “The Harbour Master” shall include Port Control and all persons acting with the authority of the Council and fulfilling the role of Harbour Master. 

1.2            BYELAWS 

1.2.1         The Owner shall in all things with respect to this Agreement and the use of the Marina abide by and perform the byelaws, rules and regulations in force in respect of the Marina. 

1.3            OWNERS OBLIGATIONS 

1.3.1         Arrival It is the Owner’s responsibility to notify the Council of their arrival at the Marina forthwith and to provide the Council with adequate identification and details of any vessel or other items of property belonging to the Owner brought into the Marina. 

1.3.2         Acceptance Entry into the Marina indicates recognition and acceptance of these Terms and Conditions which govern use of the Marina and set out the obligations that the Owner must observe when using the Marina.  Upon acceptance of the Owner’s application for a berth within the Marina, the Council will grant the Owner a licence, upon these Terms and Conditions, to use such berth as is from time to time allocated to the Owner by the Council.  Without prejudice to the requirement on the Owner to apply for a berth, the current Royal Harbour Marina Schedule of Fees and Charges will apply with immediate effect in respect of the Owner’s use of the marina. 

1.3.3         Non-Exclusive Use Nothing in these Terms and Conditions shall entitle the Owner to the exclusive use of a particular berth and no estate, right or interest therein shall be implied or deemed to be granted hereunder.  Under no circumstances does any form of Landlord and Tenant relationship arise under these Terms and Conditions in relation to the use of any berth within the Marina. 

1.3.4         Notify Changes The Owner shall keep the Council informed in writing of any change in the name of the vessel or change of the address, telephone number or other details of the Owner. 

1.3.5         Vacating The Owner is required to give 28 days’ written notice to the Council before vacating the berth.  Failure to do so may incur additional charges (see “Recalculating of Charges Upon Notice” at paragraph 1.4.4). 

1.3.6         Vessel Sale Within seven days of any sale or transfer of the vessel, the Owner shall notify the Council of the name and address of the purchaser or transferee as the case may be and provide a copy of the Bill of Sale or Transfer to the Council.  The Owner shall notify the purchaser or transferee that the permission to use the berth is not assignable and shall ensure that the terms of sale state that a new application to the Council needs to be made for use of the berth.  Until such time as such application has been accepted by the Council, the Owner shall continue to be liable under these Terms and Conditions. 

1.3.7         Assignment A licence granted to the Owner for the use of an allocated berth within the Marina (“the berth”) is personal to the Owner and shall relate to a named vessel (“the vessel”).  The Owner shall not lend, sublet, assign or transfer the berth any other person nor shall the Owner use the berth for any other vessel unless the Owner has the Council’s prior written consent. 

1.3.8         Business Use No part of the Marina or of the vessel while situated therein shall be used by the Owner for any commercial purposes except where the Owner is expressly authorised to do so by the Council.

1.3.9         Tender and dinghies Tender, dinghies and rafts in excess of 3 metres in length will require a separate berth unless stowed aboard the vessel when not in use. 

1.3.10        No item to be left on Marina No items of boat gear, fittings or equipment, supplies, store or the like shall be left upon any part of the Marina.  This includes any form of TV / satellite dish and / or TV pole for an aerial. 

1.3.11        Vessel Name to be Clearly Shown The Owner shall ensure that at all times the name of the vessel is clearly shown thereon, including when left unattended in the boat park. 

1.3.12        Reporting damage It is the owner, or any responsible person for any vessel or vehicle to report immediately to the Marina staff any damage which may be caused to or by the vessel or vehicle whilst at the Marina. 

1.3.13        Parcel deliveries  Owners need to make the Harbour Office aware if a parcel delivery is expected so that contact can be made once delivered and these will need to be collected promptly so as not to cause a health and safety risk within the Harbour Office.  If items are particularly large and heavy, and the office are aware, it may be that the delivery can be directed to the nearest access point for your ease in transferring to your boat. 

1.3.14        Boat condition Boats must be kept seaworthy, clean, capable of movement and in reasonably smart condition. The Council reserves the right to request a Boat Owner to produce a Condition Survey Report. This report should be completed by a qualified professional surveyor at the Owner’s expense, and will be required to satisfy the Council that a Boat is capable of movement, is structurally sound and poses no threat to safety or safe navigation within the Marina. The Council’s request will be in writing and will give reasonable notice to the Owner that the Council may engage a professional surveyor should the Owner fail to do so, any costs incurred in this will be recharged to the Owner. 

1.3.15        Washing lines With the exception of the drying or airing of foul weather gear, the Owner shall not affix a washing line or display any washing or laundry on any part of the vessel, pontoon or jetties, or within any part of the Marina. 

1.3.16        Barbecues Barbecue grills are not allowed on the Marina pontoons or walkways at any time. Use of barbecue grills must be restricted to use onboard an owner’s boat and use of such grill is at the customer's risk. The owner should take every precaution to avoid fire whilst using their barbecue grill and to minimise annoyance to neighbouring vessels. 

1.4            MANAGEMENT 

1.4.1         Council use of Berth The Council reserves the right to use or let out the assigned berth whenever the vessel is absent and without refunding the berth licence fee.  The only exception to this is when the owner has fully adhered to the ‘vacant berth scheme’. (For more information refer to the ‘Submit notification of berth vacancy’ form on the Port of Ramsgate website or via the Harbour Office.)  The Owner should give the Council at least 24 hours prior notice of intention to return to the Marina, failing which the Council accepts no liability should there not be a suitable alternative berth available upon the Owner’s return, this being without prejudice to the Owner’s obligation to pay the berth licence fee. 

1.4.2         Live On-Board Restrictions Ramsgate is not a residential marina. Except with the prior written consent of the Council by the Harbour Master, no person shall use or permit the use of the vessel in the Marina as the only or main place of abode of any person and, without prejudice to the foregoing, no person shall use or permit the use of the vessel as accommodation for more than 21 consecutive days nor for more than 180 days in total in any calendar year. 

1.4.3         The Council’s Obligations Cease upon Termination  Any obligation of the Council towards the vessel ends upon the expiry or lawful termination of the licence. 

1.4.4         Recalculation of Charges Upon Notice

  • The fees and charges payable by the Owner may be increased or decreased or the basis for determination of the fees and charges payable may be varied from time to time by the Council. 

  • Upon the Owner giving not less than 28 days’ notice of departure in writing and having been a licence holder for at least the previous 12 months, the Council shall recalculate the fees and charges payable on the pro rata day by day basis or, if lower, the amount that would have been paid according to the Visitors Rate as published in the current Royal Harbour Marina Schedule of Fees and Charges.

  • If the Owner has been a licence holder for less than 12 months, the pro rata day by day element above will be recalculated upwards at the summer and winter rates, insofar as they apply, up to a maximum of the amount that would be payable if the original licence term ran to completion, unless application of the Visitors Rate shall be lower, in which case that may be used. 

  • Summer and winter rate licences shall be recalculated on a pro rata day by day basis subject to a minimum term of 122 days being payable, unless application of the Visitors Rate shall be lower. 

  • For vessels on the under 7 metre rate, no pro rata reduction will be made other than to Visitor Rate if that is lower.  Settlement discounts will be cancelled in the event of early termination.  This rate only applies to pre-existing customers and is no longer available. 

  • Western outer marina licences shall be recalculated on a pro rata day by day basis subject to a minimum term of nine months being payable, unless application of the Visitors Rate shall be lower. 

1.4.5         Alterations of Terms and Conditions The Council reserves the right to alter these Terms and Conditions annually or by giving one month’s prior written notice to the Owner. 

1.4.6         Under the Data Protection Act (1998) The Council may share your personal data with relevant enforcement agencies for the prevention and/or detection of crime. 

1.5            FINANCIAL 

1.5.1         Payment The Owner shall pay any valid invoice submitted in respect of the berth or any other goods and service provided by the Council upon receipt of the invoice unless other terms have been expressly agreed in writing.  Payment shall be deemed to be made when cleared into the Council’s account. 

1.5.2         Unpaid Accounts Any invoices that remain unpaid after their due date will be referred to the Council’s Debt Recovery Section and the costs of any proceedings or bailiffs charges will be added to the outstanding debt and recovered accordingly. 

1.5.3         Termination refund Should the Owner terminate the berth by providing the appropriate notice, as per 3.5 above and provided their account is up to date, the owners account will be reviewed and any over payment will be refunded. 

1.5.4         Breach refund Where termination is as a result of the Owner’s breach, the Owner shall not be entitled to a refund of any monies paid to the Marina. The Marina reserves all rights of action in respect of any outstanding sums owed by the Owner. 

1.5.5         Measurement of Boats

a)       For all purposes boat length shall be calculated including all davits, bowsprits, bumpkins, boarding ladders, sterndrives, tenders, outdrives, outboards, rudders, anchors, pulpits and pushpits and any other extension fore and aft of the boat. 

b)       Fractions of a metre of 0.5 and above are rounded up (including davit and bowsprit); minimum charge length is 6m. 

c)       The Council reserves the right to measure any boat at any time and to charge the Owner of the boat additional fees (if appropriate) if the length of the boat is greater than that notified to it by the Owner. 

1.5.6         Vessels in Boat Park The permanent berth holders rate will be applied to the number of vessels in the boat park that is equal to or less than the number of permanent berths per customer in the Inner and/or Outer Marinas.  Additional vessels within the boat park will incur the visitor rate. 

1.5.7         Call out charges  The Council reserves the right to charge a call out fee as per the published fees and charges, for a Dock Master and / or a Technicians time outside of the normal working hours in responding to a request where the fault lies with the Owner and not the Council. 

1.6            LEGAL POWERS 

1.6.1         Lien The Council shall have a lien upon the vessel until all sums payable by the Owner to the Council in respect of the vessel have been paid and the Council expressly reserves the right to claim a possessory lien upon the vessel in respect of any money claim. 

1.6.2         Termination The Council shall have the right (without prejudice to any other rights in respect of breaches of these Terms and Conditions 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 any of these Terms and Conditions or of any failure by the Owner to make any payment 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 them to remedy the breach or pay the amount due within 14 days. 

1.6.3         Power to Remove 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 requiring the Owner to remove the vessel from the Marina with 14 days.  Such notice shall be served on the Owner by affixing it on the vessel or by posting it by recorded delivery to the Owner’s last known address. 

1.6.4         Vessel Removal  If the Owner shall fail to remove the vessel within 14 days (whether under this condition or otherwise) the Council shall be entitled:-

                 1.6.4.1       to charge the Owner at the Visitors Rate as published in the current Royal Harbour Marina Schedule of Fees and Charges between the date of termination and removal of the vessel from the Marina, and 

                 1.6.4.2       at the Owner’s expense and risk (save in respect of loss or damage caused by the Council’s negligence during such removal), to relocate the vessel within the Marina or remove the vessel from the berth and thereupon secure it elsewhere in some other storage area within the Marina and thereafter to charge the Owner with all costs arising out of such relocation or removal including alternative berthing, handling and storage fees. 

1.6.5         Power of Sale Where payments are overdue in respect of the vessel, the provisions of the Torts (interference with Goods) Act 1977 which confers power of sale upon bailees in the circumstances set out in the Act shall apply. Sale of the vessel shall not take place until statutory notice has been given to the Owner or the Council has taken reasonable steps to trace the Owner in accordance with the Act. 

1.6.6         Abandoned, Lost and Uncollected Items The provisions of section 41 of the Local Government (Miscellaneous Provisions) Act 1982 shall apply in relation to abandoned items.  Where the vessel or any other item of property belonging to the Owner are abandoned at the Marina and the Council has taken reasonable steps to trace the Owner and serve them with a notice requiring them to collect the vessel or other items of property within one month of the date of the notice and the Owner has failed to comply with the said notice, title shall vest in the Council who shall be entitled to dispose of or sell any such vessel or other property.  Where the Council is satisfied after reasonable enquiry that it is impossible to serve the Owner with such a notice, title shall vest in the Council six months after the vessel or other items of property have been abandoned by the Owner. 

1.7            MOORING 

1.7.1         Manner of Berthing The Owner shall berth the vessel in such manner and position as the Council may require and the vessel shall be provided with all necessary warps and fenders by the Owner. 

1.7.2         Manner of Manoeuvring The Owner, when entering or leaving or manoeuvring the vessel in the Marina, shall do so at such speed and in such manner as not to endanger or inconvenience other vessels in the Marina. 

1.7.3         Manner of Access / Egress The Owner is responsible for the provision of a suitable means of access and egress to and from the vessel at all times, for themselves, their crew and their visitors. 

1.8            SECURITY ACCESS, ELECTRICITY SYSTEMS AND WATER SUPPLY 

1.8.1         Security All vessel owners need to ensure that the highest levels of security are maintained within all Marinas, and ensure that gates/doors are shut behind them, not leave any gates/doors propped open and to not permit persons to follow them through a marina gate/door if they are unknown to them. 

1.8.2         Electricity supply Electricity is provided via either a metered lead or pay as you go system and is charged per KWh- £ (subject to market price).  Both systems incur a standing charge which is detailed within the Marina Fees and Charges. 

1.8.3         I-Buttons One ‘i-button’ for the pay as you go electricity and access point system will be issued free of charge to each berth holder.  A charge will be payable for any additional or replacement ‘i-buttons’ as per the Marina Fees and Charges. 

1.8.4         I-Button surrender For security purposes, all ‘i-buttons’ must be surrendered to the Harbour Office upon termination of the Berthing Licence. 

1.8.5         Sufficient credit availability Every berth holder must ensure that their ‘i-button’ account has sufficient credit available to enable electricity to be drawn. Where insufficient credit is on a berth holder’s account, the electricity supply will stop. 

1.8.6         Liability The Council shall not be liable whether in contract, tort or otherwise, for any loss or any damage of whatsoever nature caused to any vessel or vehicle or other property of the Owner as a result of any failure in the supply of electricity to a vessel or of the malfunctioning of the electricity system and ancillary services provided at the Marina or for any losses suffered by the berth holder as a result of an ‘i-button’ being lost or stolen or used by a third party without the berth holder’s consent. 

1.8.7         Supply of utilities (water and electricity) The Council does not guarantee the supply of water and electricity to vessels at all times.  There may be times when due to maintenance or loss of service the council are unable to guarantee supply of services.  The Council reserves the right to disconnect a vessel from the marina supply without giving notice should the vessel be exhibiting a risk to the authority. 

1.8.8         Electricity cable connection Only one vessel may be connected to any one power socket outlet. 

1.8.9         Electricity cable The connecting flexible cable must be in one length, without signs of damage, and not contain joints or other means to increase its length.  Any round pin to square pin adaptors must be connected within the vessel in a protected location. 

1.9            PREVENTION OF NUISANCE 

1.9.1         Respect for Others The Owner shall not use any noisy noxious or objectionable engines, radios or other apparatus or machinery within the Marina so as to cause any nuisance or annoyance to the Council or to any other users of the Marina or to any other person residing in the vicinity of the Marina and the Owner undertakes for themselves, their guests and any other person using the vessel that they shall not behave in such a way as to offend as aforesaid.  Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance. 

1.9.2         Antisocial Behaviour The Council will not tolerate any anti-social behaviour, in particular, any abusive, offensive or drunken behaviour towards the Marina staff, other Marina users or visitors within the publically accessible areas of the estate.  This may result in the immediate termination of the Berthing Licence. 

1.9.3         Refuse / Waste / Sewage No refuse, waste oil or sewage shall be thrown overboard or left or disposed of in any way within the Marina other than in the receptacles provided by the Council or by removal from the Marina.  Only refuse of a Domestic / daily nature may be deposited in the receptacles provided. All other items to be taken away and disposed of by the Owner. No ash shall be thrown overboard, it is to be left until cold and then disposed of in the appropriate receptacles provided by the Council. (Please see Environmental Policy and Practice Statement for more information.) 

1.9.4         Bilge systems To comply with environmental protection statute, the Owner must have adequate provision to avoid discharge of oil from vessel bilges. i.e. use of regularly renewed oil absorbent socks placed in bilge. 

1.9.5         Animals

  • Any animals brought into the Marina by the Owner or other persons visiting the Owner’s vessel shall keep such animals under proper control at all times. 

  • Animals must be kept on a lead, and must not foul any area within the Marina. 

  • Animals must not be left tied to pontoons.

  • The Owner shall be responsible for ensuring that any fouling of the Marina is immediately cleared up and that it is not disposed of on or into the harbour/marina waters, but double bagged and placed in the waste receptacles provided. 

  • Owners with animals that are being brought in from mainland Europe need to make use of the ‘Pet Passport’ scheme.  The nearest point of entry is via the ferry operations at the Port of Dover. 

1.9.6         Wild Birds  The feeding or attracting of wild birds to the Marina is prohibited. 

1.9.7         Pontoons and walkways must be kept clear at all times. 

1.10          LIABILITY AND INSURANCE 

1.10.1        Liability The Council accepts no responsibility for loss of or damage to any other vessel or items of property belonging to the Owner left at the Marina without its express consent save as may be implied by law. 

1.10.2        Indemnity The Owner shall indemnify the Council against all loss, damage, costs, claims or proceedings incurred by or instituted against the Council, its servants or agents which may be caused by the vessel or other items of property belonging to the Owner within the Marina or by the Owner’s 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, its authorised officers, servants or agents. 

1.10.3        Insurance The Owner shall maintain third party insurance in respect of themselves and the vessel, their crew for the time being and their agents, visitors, guests and subcontractors in a sum of not less than £3,000,000 or such other sum as the Council may from time to time direct in respect of accident or damage and, in respect of the vessel, adequate salvage insurance.  Such insurance shall be affected and maintained in an insurance office of repute and the Owner shall keep the Council provided with a copy of the current Certificate of Insurance throughout the licence period.  The Council reserves the right to implement at the Owner’s expense third party only insurance in the event of non-compliance with this condition. 

1.10.4        Disclaimer – Vessels and Property The Council shall not be liable whether in contract tort or otherwise for any loss, theft or any other damage of whatsoever nature caused to the vessel or any other item of property belonging to the Owner or to any other person 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, its authorised officers, servants or agents. 

1.10.5        Disclaimer – Injury or Damage to Person or Property All persons using the Marina or its facilities for whatever purposes and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained within the Marina or facilities was caused by or resulted from the negligence or wilful act of the Council, its authorised officers, servants or agents. 

1.11          WORK ON VESSELS 

1.11.1        Work on Vessel No work shall be carried out at the berth other than routine maintenance or minor running repairs to the vessel.  Works carried out shall not cause a nuisance or annoyance to other users of the Marina.  All other works shall be carried out in the boat park or at a berth or place within the Marina designated by the Harbour Master for that purpose. 

1.11.2        Work notification The Owner must notify the Council in advance when they, or their appointed contractor, intend to undertake major repair or maintenance works (i.e. not routine repair or maintenance) on the vessel.  The owner needs to ensure that their appointed contractor is fully aware of the requirements of the clauses in this section (11. Work on Vessels) and also Section 2 – Services and Boat Park Terms and Conditions. 

1.11.3        Contractors Prior to commencing any work on the vessel, the contractors must complete an application for a licence, provide proof of their third party liability insurance cover to a minimum of £5,000,000 (or such sums as determined by the Council from time to time), have such application approved by the Harbour Master, and pay the appropriate fee.  

1.11.4        Major Works Any major works, for example shot blasting,  sand sweeping of the hull or superstructure and hot works  will require written consent in the form of a licence and a permit to work, which may be granted following receipt of a method statement and risk assessment where required.  Some of the works undertaken within the Marina Estate may require certain procedures to be followed, which will be explained when booking to go into the boat park.  Contractors are bound by the byelaws and all other regulations relevant to the Marina and should show consideration for other Marina users. The Council reserves the right at its sole discretion to refuse to permit contractors to enter upon and work within the Marina.  Sufficient measures will also need to be put in place to control environmental pollution. 

1.11.5        Gas bottles, hazardous substances and flammable liquids All Owners and their contractors must ensure they comply with the Control of Substances Hazardous to Health (COSHH) legislation. 

1.11.6        Waste disposal Contractors must ensure that all waste associated with the work they have undertaken is placed in the receptacles provided.  No waste is to be left at the location where the work has been undertaken or anywhere else in the Marina. 

1.11.7        Non-compliance If any of the above conditions are not met, contractors will be asked to leave the site.  Where the area is not left clean and tidy on the completion of work, the Council reserves the right to clear the area and claim the associated costs from the owner. 

1.11.8        Rights for refusal The Council reserves the right, at its discretion, to refuse to allow contractors who it deems unsuitable for whatever reason to enter the Marina to perform any works on a vessel and such refusal shall be notified to the Owner immediately by the Marina. 

1.11.9        Method Statements and Risk Assessments The Council reserves the right to request copies of relevant method statements and risk assessments in connection with any major works to be carried out which impinge on the Marina’s land or operation, in which case works may only start after the Council has fully considered these documents and given its written consent by the issue of a permit to work. 

1.11.10      Liability Any works undertaken on a vessel are at the Owner’s risk and the Council accepts no liability for any loss or damage that may occur as a result of such works.   Should any damage be caused to another vessel resulting from the works the Owner or their appointed contractor is undertaking, it will be the Owners responsibility to resolve the issue and will not be directed through to the Council. 

1.11.11      Additional charge The Owner also acknowledges and accepts that should the works involve the use of additional space at the Marina, the Council reserves the right to levy an additional charge for the use of such space for the duration of the works. 

1.12          SAFETY 

1.12.1        Fire Precautions The Owner shall take all necessary precautions against the outbreak of fire in or upon the vessel and the Owner shall observe all statutory and local regulations and orders of the Council relative to fire prevention.  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 fit for immediate use in case of fire. 

1.12.2        The Council’s Right to Act on Safety Grounds If in the Harbour Master’s opinion such act be necessary for the safety of the vessel or for the safety of other users of the Marina or for the vessels or for the safety of the Marina plant or equipment, the Council shall have the right to moor, re-berth, move, board, enter or carry out any emergency work on the vessel and except to the extent that such mooring, re-berthing, movement, boarding, entering or emergency work arises from the negligence of the Council, its authorised officers, servants or agents, the Council’s reasonable charges in relation thereto shall be paid by the Owner. 

1.12.3        Sail-boarding, jet skiing, swimming, diving, fishing and the like are prohibited in the Marina, without the express written permission of the Harbour Master. 

1.12.4        Children Must wear adequate life jackets when within two metres of open water and must be supervised by a responsible adult at all times while in the Marina. 

1.12.5        Buoyancy aids It is recommended that all Marina users and their visitors wear appropriate buoyancy aids when within two metres of open water. 

1.12.6        Dangerous, flammable, poisonous or noxious substances, spirit, oil or fluid must not be brought into the Marina except in properly secured containers, staunch against leakage and in compliance with relevant legal requirements. 

1.12.7        Bicycles must not be ridden or left on pontoons.  Bike racks are available on the Crosswall.

1.12.8        Safety precautions Vessel owners are to ensure that all visitors to their vessel are aware of all safety precautions and emergency equipment / escape routes.

1.12.9        Customer safety and wellbeing Due to the nature of the site, we ask that customers who have impaired mobility or health conditions that may require emergency assistance to ensure that they have adequate means of raising an alarm in the event of an incident taking place such as an emergency personal alarm pendant or similar.  Ramsgate Royal Harbour prides itself on providing a professional and friendly service.  Any harbour users who experience difficulty in accessing the site or its facilities due to restricted mobility or disability are welcome to contact the office to discuss how we can help. 

1.13          USE OF RAMSGATE ROYAL HARBOUR MARINA FOR COMMERCIAL PURPOSES TERMS AND CONDITIONS 

1.13.1        These terms and conditions are supplementary to the Marina Terms and Conditions and apply to any Owner of any vessel berthed at the Marina that is used in connection with commercial activities and for the purposes of these terms and conditions, the term “Owner” shall include the person(s) responsible for the commercial activities. 

1.13.2        By continuing to berth the vessel and undertake the commercial activities based from the Marina and operating in or around the harbour, the Owner agrees to observe and comply with the following terms and conditions.

                 1.13.2.1     The Owner must declare to the Council the nature of the commercial activities that it is undertaking from the Marina. 

                 1.13.2.2     The Owner warrants that it has complied with all laws, regulations and policies relevant to the commercial activities it undertakes at the Marina and has the necessary current authorisations, licences and certification from the relevant authorities to undertake such activities. 

                 1.13.2.3     The Owner must be competent by reason of qualification, skill and/or experience to carry out all commercial activities at the Marina safely at all times in line with established good practice. 

                 1.13.2.4     The Owner must ensure that all staff are fully competent, trained and, if appropriate, licensed or certificated to undertake the activities they are being asked to carry out. Training must include induction training which, as a minimum, must highlight hazards within the Marina and place emphasis on the safety of visitors at all times while in the Marina. 

                 1.13.2.5     The Owner owes a duty of care towards its staff, contractors and any visitors brought into the Marina in connection with the Owner’s commercial activities. The Owner must ensure that all members of staff, contractors or visitors understand the Council’s and the Owner’s commitment to working to high standards of safety and that they are fully briefed on any hazards relevant to the particular commercial activity. 

                 1.13.2.6     The Owner must comply with all safety legislation and must inform staff or visitors of any safety legislation that applies to them. In particular, the Owner must ensure that appropriate oversight and instructions are given to visitors to ensure their safety when embarking or disembarking the vessel. Visitors should be properly supervised and marshalled by the Owner or their staff while in the Marina. 

                 1.13.2.7     The Owner must undertake and document a site specific risk assessment taking into account all persons at risk and conduct all its activities in the Marina in accordance with such risk assessments, health and safety guidelines and these terms and conditions. The Owner must supply a copy of the risk assessment to the Council upon request and from time to time when it is updated. The Owner must undertake a dynamic risk assessment on each occasion that it is running a commercial service from the Marina, which takes into account (amongst other things) the prevailing weather conditions and other operational constraints. 

                 1.13.2.8     The Owner must issue suitable personal protective equipment (PPE) to the appropriate BS/en standard, but not less than class 2 in respect of hi-visibility clothing, and provide instruction on, and monitor the wearing of, PPE where PPE is required as a result of any risk assessment or signage in the relevant area. 

                 1.13.2.9     The Owner must report any safety or environmental occurrence /incident /accident immediately to the Dock Master or Port Control.

                 1.13.2.10   The Council reserves the following rights:

                                 a)     to review the Owner’s safety systems, risk assessments and operating procedures following any reported accident/incident/near miss arising as a result of the Owner’s commercial activities; 

                                 b)    to assess the Owner’s vessel involved in the commercial activity undertaken, at any time and for any reason. Advance notice of the assessment will be given where reasonably practicable to do so;

                                 c)     to undertake random checks of the Owner’s commercial activities in the Marina to ensure that the safety of staff, crew, contractors and visitors is not being compromised. 

                 1.13.2.11   Any assessment carried out is not, in any way, intended to certify the Owner’s vessel as fit for purpose nor does it sanction the activities or method of work that will be carried out by the vessel or its crew. This assessment is purely as a means of documenting, for the Council’s use only, the general condition of the vessel at the time of the assessment and making any recommendations to the Council for any changes that may be required by the vessel to enhance the safe operation of the Marina/Port of Ramsgate. 

                 1.13.2.12   Without prejudice to Clause 10.2 in Section 1 of the Marina Terms and Conditions, the Owner shall also be liable to indemnify the Council and its servants and agents against all loss, damage, costs, claims or proceedings incurred by, or instituted against the Council or its servants or agents as a result of the Owner’s commercial activities at the Marina. 

                 1.13.2.13   The Owners shall provide evidence of insurance, these being public liability (minimum £5m cover) and employers liability (minimum £10m cover) to the Council. 

                 1.13.2.14   For the avoidance of all doubt, the Council accepts no liability of whatsoever nature in connection with the Owner’s commercial activities at the Marina, except where death or personal injury arises from the Council’s negligence. 

1.13.3        Visiting commercial operators must contact the Harbour Office in advance of their arrival.  They will be expected to declare their intended activities and to provide a purchase order to cover these activities envisaged. 

1.14          RAMSGATE SMALL BOAT OWNERS ASSOCIATION (RSBOA) 

All RSBOA customers are subject to the Port of Ramsgate Terms and Conditions, these following terms and conditions are particular to RSBOA customers and must be adhered to. 

1.14.1        Vessels up to a maximum length of 8m are eligible to join the RSBOA.  Vessels over 8m are ineligible and need to apply to the council directly. 

1.14.2        A berthing licence application form is required by the Council for all members of the RSBOA. 

1.14.3        The RSBOA rate will only be applied once the Association have confirmed that the customer is a current member of the Association. 

1.14.4        RSBOA customers can only berth in Marina spaces allocated to the Association.  If a RSBOA customer is found in any other berth they will be asked to return to their assigned berth.  Should the customer not move within the timeframe given, their account will be adjusted to the permanent berth holders rate and the RSBOA notified that the customer has vacated their RSBOA berth. 

1.14.5        Current RSBOA membership fees must be paid when requested by the Association.  If this is not undertaken then the council will consider that the customer has defaulted on the membership and their account will be adjusted to the Outer Marina rate. 

1.14.6        To take advantage of the lower permanent berth holders rate in the Boat Park, RSBOA members need to be paying both the membership fees and their berthing fees.  Members that are only paying their membership fees, but have not been allocated a RSBOA berth or paying berthing fees will be charged at the visitors’ rate.