Section 2 - Services and Boat Park 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 2 – SERVICES AND BOAT PARK TERMS AND CONDITIONS 

2.1            DEFINITIONS 

For the purposes of this section, in addition to the definitions referred to in Section 1: 

2.1.1         “Hirer” shall mean any person, body corporate or unincorporated association hiring the Service. 

2.1.2.        “Plant” shall mean all types of plant, tools, equipment, machinery and all accessories owned by the Council and required for the Service. 

2.1.3.        “Service” shall mean the shore service(s) to be provided by the Council, together with any associated services. 

2.1.4.        “Vessel” shall mean any boat and any part thereof in respect of which the Service is required. 

2.2            AVAILABILITY AND PLANT 

2.2.1.        The Service is subject to payment of the applicable charges as published in the Ramsgate Royal Harbour Fees and Charges. 

2.2.2.        Applications to hire the Service shall be made to the Harbour Office. 

2.2.3.        The Council will use all reasonable endeavours to provide the Service on the date requested (where specified). However the Council accepts no responsibility for delays (or any financial or other losses arising from such delays) which may arise in providing the Service due to any delay in the supply of Plant or through the breakdown of any Plant, due to adverse weather conditions or due to any cause whatsoever. In the event of any such delay the Service shall be provided as soon as is reasonably practicable. 

2.2.4.        The Council reserves the right at its discretion:

                 2.2.4.1       to refuse to provide the Service on the ground of safety or for any other reasons; and/or 

                 2.2.4.2       to terminate provision of the Service without prior notice and without giving compensation in the event of any emergency occurring at the Port of Ramsgate/Ramsgate Royal Harbour Marina where the use of Plant or personnel involved in the Service is considered by the Council to be essential for the purposes of emergency relief work. 

2.3            RESPONSIBILITIES 

2.3.1         The Hirer undertakes to advise the Council of all relevant information regarding the Vessel in respect of which the Service will be provided in order to ensure that the Council is able to render the Service as safely and efficiently as possible. 

2.3.2         The Hirer shall ensure that when masts are to be removed all electrics are disconnected and bottle screws freed off. Final setting up and locking-off for a rig is the responsibility of the Hirer. 

2.3.3         The Hirer acknowledges that high pressure hull wash-off does not include scraping off barnacles etc. The Council reserves the right to levy additional charges for badly fouled Vessels. 

2.3.4         Without prejudice to the generality of the foregoing and although all reasonable care and attention will be taken during the provision of the Service, the Service will be provided at the Hirer’s risk and the Council accepts no liability for any damage caused to the Vessel itself or to any other property during the provision of the Service and/or any period of Vessel storage ashore (as covered under Clause 3.5 below). The Owner and/or the Hirer shall indemnify the Council against all actions, claims, costs and demands in respect of any loss, injury, accident or damage arising out of or in consequence of the Service or storage of the Vessel ashore, unless such loss, injury, accident or damage shall be proved by the Hirer to be caused by wilful default or negligence on the part of the Council. 

2.3.5         Shore storage:

                 2.3.5.1       The Council accepts no responsibility for the suitability of the area allocated for shore storage and the Owner accepts that use of such space for storing ashore a Vessel is at the Owner’s risk. 

                 2.3.5.2       The Council considers that it is undesirable and may be dangerous to store a Vessel ashore with the mast stepped and the Owner acknowledges such warning, which warning has been communicated to their insurers and, in consideration of their being permitted by the Council to store their Vessel ashore without unstepping the mast, the Owner hereby agrees with the Council as follows:

                                  a.     to remove headsails, dodgers, spray hoods and mainsails furled on top of the boom. The outhaul/ halyard to be removed from in-mast/in-boom furling systems and the clew/head to be trapped by a lashing around the mast/boom; 

                                  b.    to indemnify and keep indemnified the Council and its insurers against all liability, costs, claims and demands howsoever arising in respect of any claim by any third party against the Council or its insurers resulting directly or indirectly from any incident, accident or otherwise occasioned directly or indirectly by the decision of the Owner not to unstep the mast of the Vessel or to remove or secure sails and rigging; 

                                  c.     not to make any claim against the Council or its employees or agents in respect of any destruction or damage to the Vessel or its mast or gear or in respect of any other loss arising directly or indirectly from any accident incident otherwise occasioned by the failure of the Owner to unstep the mast of the Vessel or remove or secure sails and rigging; 

                 2.3.5.3       While the Vessel is stored ashore, the Owner also agrees with the Council:

                                  a.     not to access the Vessel for anything other than the removal of personal effects or in connection with any maintenance works. Staying on-board the Vessel while it is stored ashore is strictly prohibited; 

                                  b.    not to remove or adjust any Plant such as props or supports used in connection with the storing of the Vessel ashore. The Owner acknowledges that any removal or adjustment of such items shall be at the Owner’s risk and the Owner undertakes to indemnify the Council against any resultant loss or damage; 

                                  c.     not to cover the Vessel with a tarpaulin or any similar items or do anything to the Vessel which may destabilise it while the Vessel is stored ashore; 

                                  d.    to indemnify and keep indemnified the Council and its insurers against all liability, costs, claims and demands howsoever arising in respect of any claim by any third party against the Council or its insurers resulting directly or indirectly from the storage of the Vessel ashore and /or a breach of these terms and conditions by the Owner and/or any actions or omissions by the Owner whilst the Vessel is stored ashore; 

                                  e.     to keep in force at all times, whilst the Vessel shall be stored ashore at the Council’s premises, a policy of insurance covering such injury, accident and loss with an insurance office of good repute and in such amount (being not less than £3,000,000 in respect of any one accident or incident) as the Council shall deem satisfactory and to produce to the Council upon demand a copy of the said policy and the last premium receipt thereof together with confirmation from the insurers that they are aware of the risks involved in the storage of the Vessel ashore with the mast stepped where appropriate; 

                                 f.     where the customer provides a cradle for the vessel then the vessel must be secured to the cradle. 

2.3.6.        The Owner acknowledges and accepts that while a Vessel is in a hoist, the Owner will not be permitted to undertake pressure washing. 

2.3.7.        Where the Owner has requested a lift out and subsequently requests a lift in, the terms of this section 2.3 shall apply equally to both services. 

2.3.8.        The Hirer shall punctually pay all relevant dues and charges properly levied by the Council for the provision of the Service, which dues and charges are detailed elsewhere within the Ramsgate Royal Harbour Fees and Charges. The Council reserves all rights in respect of any non-payment. 

2.3.9         The Hirer or their representative shall in every occurrence counter-sign the job sheet to agree the total time spent on the task in hand. 

2.3.10        The Hirer or their representative shall not be permitted to remain on the vessel whilst in the boat hoist for health and safety reasons. 

2.4            BOAT PARK GENERAL PRACTICE 

2.4.1         All use of the Marina boat park is subject to the Terms and Conditions published in Section 1 and 2. 

2.4.2         All vessels within the boat park must be covered by the appropriate insurance (see Terms and Conditions). 

2.4.3         Vehicles must display a current parking permit and must not be left unattended in the boat park.  Vehicles must be moved upon request by the Marina staff. Please park considerately. 

2.4.4         All contractors are required to have a valid Contractor’s Licence, and where necessary a permit to work, and must report to the Harbour Office prior to commencing work. 

2.4.5         All contractors must have a valid harbour parking permit for their vehicles. 

2.4.6         No hot work is to be undertaken without the permission of the Harbour Master/Port Engineer. 

2.4.7         Shot/slurry blasting must not be undertaken without prior permission from the Harbour Master/Port Engineer. 

2.4.8         Please keep the area around your vessel clear. All equipment/materials must be stored aboard your vessel. Facilities for waste oil, oil filters and batteries are located within the boat park. 

2.4.9         If scraping paint/antifoul/plant or animal matter off, please sheet off under your vessel and collect all scraping for disposal. 

2.4.10        Do not leave detachable electronic equipment or tools on board. 

2.4.11        Ladders should not be left in place when not in use. 

2.4.12        No one is allowed to stay on board vessels overnight whilst out of the water (boat park or commercial quay), unless they have received permission from the Harbour Master. 

2.4.13        No animals are to be left on board vessels or unattended at any time within the boat park. 

2.5            BOAT PARK SAFETY 

2.5.1         The boat park is an active working area. In order to protect yourself and others, please work safely and observe the following guidelines: 

2.5.2         Hull supports must not be moved other than by Marina staff. 

2.5.3         Children are not permitted to play in the boat park and must be supervised at all times. 

2.5.4         No liquids or flammable materials should be stored under vessels. 

2.5.5         Fire extinguishers are positioned around the yard to supplement the expected precautions of the Owner. Please familiarise yourself with their location. 

2.5.6         Check power cables are in good condition and of an approved type for outdoor use. 

2.5.7         Remove and stow all trailing cables when not in use. 

2.5.8         Ensure ladders are properly secured to your vessel and remember that ladders are for access; work from proper staging and platforms. 

2.5.9         Please ensure there is minimum amount of windage on deck. Remove sails, spray hoods and dodgers. 

2.5.10        Take extra care in wet, windy and icy conditions. 

2.5.11        Avoid trailing cables. 

2.5.12        Keep work area free from trip or slip hazards. 

2.5.13        Ensure that you are fully conversant with any hazards that maybe exhibited by materials used.