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In these Rules the Company shall mean Yachting International
Shannon 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 (if
any) of the boat repair yard, brokerage, or any other moorings,
or any other facility for berthing a yacht. 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 pursuant to these Rules.
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(a) All vessels and vehicles in or on the Company's
harbour and premises may be moved by the company to any other
part of the same harbour and premises.
(b) 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
except to the extent that such loss, theft, or damage may
be caused by the negligence or wilful act of the Company or
those for whom the Company is responsible.
(c) 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, guest, or sub-contractors except
to the extent that such loss, damage, costs, claims or proceedings
may be caused by the negligence or wilful act of the Company
or those for whom it is responsible.
(d) 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
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.
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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 to the Company full details
in writing of all such use under the proviso to the Rule.
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No work shall be done to the vessel whilst in or in 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.
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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.
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(a) 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
to 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 with 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.
b) When no date of termination of 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.
c) 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 save insofar as such loss
or damage is caused by the negligence of the Company or those
for whom the Company is responsible.
d) If the Owner fails to remove the vessel on termination
of the Licence (whether under this Rule or otherwise), the
Company shall be entitled:
(i) 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 vessels from its harbour and
premises and/or
(ii) at the Owner’s risk (save in respect of loss or
damage caused by the Company's negligence during such
removal) 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.
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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 should be necessary for
the safety of the vessel or the safety and/or convenience
of other users of the harbour or for the safety of the Company's
premises, plant and equipment and the Owner shall pay the
Company reasonable charges for such work.
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The Owner shall not lend nor transfer the berth (this Licence
being personal to the Owner, relating to a particular vessel
and non-assignable) nor shall he use it for any other vessel
without the prior consent of the Company.
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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.
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a) 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. At the sole discretion of the Company, rebates
of fees may be made available to Owners whose vessels are
absent from their berths or moorings for long periods.
b) Nothing in this Licence shall entitle the Owner to the
exclusive use of a 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 at such berth, 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 than 24 hours previous notice of the Owners
intention to return his vessel to the harbour.
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All persons using any part of the Company's harbour
or premises or facilities for whatever purpose and whether
by invitation or otherwise do so at their own risk unless
any injury or damage to person or property sustained within
the Company's harbour’s, premises or facilities
was caused by or resulted from the Company's negligence
or deliberate act or that of those for whom the Company is
responsible.
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The vessel, when entering or leaving or manoeuvring in the
harbour shall not be navigated at such at 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 bye-laws of harbour, navigation or other
authorities.
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No noisy, noxious or objectionable engines, radio, or other
apparatus or machinery shall be operated within the Company's
harbour or premises nor shall any animals be allowed within
the Company's 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.
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(i) 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.
(ii) Owners shall only refuel craft in the fuelling point
provided.
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Dinghies, tenders and rafts shall be stowed aboard the vessel.
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No items of boats, gear, fittings or equipment, supplies,
stores or the like shall be left upon the pontoons, jetties
or car parks.
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The Owner shall talk 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 shall 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 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 in the Company's
refuelling berth.
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a) The Company shall have the right by notice in writing
to the Owner forthwith to 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.
b) 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.
c) In the event of such termination as aforesaid the Company
shall refund the Owner the unexpired portion of the rental
(disregarding any rebate given).
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Dogs must be kept on a lead whilst on the premises and must
not be allowed to foul the footpaths and pontoons.
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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.
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Bathing or fishing within the marina is not permitted. Young
children must wear adequate life jackets and be attended by
a responsible adult at all times.
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The foregoing Rules shall apply to all users of the Company's
harbour and premises and may be altered, added to or amended
from time to time by the Company. Upon such notice of amendment
being displayed at the Company's offices or served on the
Owner it shall be deemed incorporated herein.
Generally goods and services ordered are collectable at Marina
office. This includes but is not limited to ESB (electricity supply)
Cards etc. These are generally available same day within office
hours.
Any private details which we collect are securely stored and
not shared with any third parties without your consent. If you
wish us to remove your records from our database of customers
please notify us by email
CASTLEPARK MARINA is a trading name of Yachting International (Shannon)
Ltd.
