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Terms and Conditions

Beaulieu River > Terms and Conditions

The use of the Beaulieu River, Buckler’s Hard Yacht Harbour, the Beaulieu River Boatyard and this website are governed by the terms and conditions set out below.

By using the website, you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information.


COMPANY DETAILS

This site is owned by Beaulieu Enterprises Ltd which is a private limited company, registered in England ( company no. 00152186) with its registered office at John Montagu Building, Beaulieu, Brockenhurst, Hampshire SO42 7ZN.


BERTHING, MOORING AND/OR STORAGE ASHORE

The Yacht Harbour Association terms and conditions (extract)

Storage Ashore Accommodation means the land space temporarily allocated to the owner from time to time by the Company for the storage ashore of the vessel during the term of the Licence.

Vessel shall include any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner.

Liability, indemnity and insurance

The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the premises or the harbour and/or using any facilities or equipment.

The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the premises, and to maintain the facilities and equipment at the premises and in the harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the company, vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.

Owners may themselves be liable for any loss or damage caused by them, their crew or their vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The owner shall be obliged to produce evidence to the company of such insurance within 7 days of a request to do so.

The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.

Termination

The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Licence by the Owner) to terminate this Licence in the following manner in the event of any breach by the Owner of this Licence; If the Owner fails to remove the Vessel on termination of this Licence whether under this Condition or otherwise), the Company shall be entitled:

to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination of this Licence and the actual date of removal of the Vessel from the Harbour and Premises; and/or

at the Owner’s risk (save in respect of loss or damage directly caused by the Company’s negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.

Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner‘s last known address and in the case of the Company shall be served at its principal place of business or registered office.

Rights of sale and detention

Where the Company accepts a Vessel, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:

Goods for repair or other treatment are accepted by the Company on the basis that the customer is the owner of the goods or the owner’s authorised agent and that he will take delivery or arrange collection when the repair or treatment has been carried out.

The Company’s obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;

The place for delivery and collection of goods shall be at the Company’s Premises unless agreed otherwise.

Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.

The Company reserves a general right (“a general lien”) to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Harbour and Premises.

Parking

Subject always to the availability of parking space Owners and their crew may only park vehicles on the Premises in accordance with the directions of the Company. Vehicles left at owner’s risk.

Regulations

The Owner shall at all times observe the Company’s Regulations and in particular:

The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the vessel and ready for immediate use in case of fire.

Access to premises/work on the vessel

No work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Company’s prior written consent 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 nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.

Prior written consent will not be unreasonably withheld where:

The work is of a type for which the Company would normally employ a specialist sub-contractor; or

The work is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates.

Notwithstanding the foregoing, during periods of work by the Company on the vessel, neither the Owner nor his invitees shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.

Health, safety and the environment

The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur on the Premises as soon as possible after they occur.


BOATYARD CONTRACTORS & SERVICE PROVIDERS – SITE TERMS AND CONDITIONS

  1. Report to Harbour Master Office on arrival. Provide copy of Insurance liability cover of a minimum of two million pounds GB third party risk.
  2. Inform Harbour Master office description of the job, boat being worked on and number of
    contractor’s people on site.
  3. Inform Harbour Master office on departure of all contractor work force.
  4. Clear up after the works are done and remove all contractor’s equipment when leaving each day.
    Equipment may only be left overnight by prior agreement with Harbour Master Office. Dispose of
    rubbish in the correct refuse units.
  5. Liaise with Harbour Master Office for any vehicles, plant or large equipment entering the boatyard
    site so as to avoid causing pedestrian accidents, congestion with boat moving operations in the
    yard, or inconveniences boat owners, staff and other operators on site. Vehicles can be parked in
    adjacent car park.
  6. At all times when on the premise, the contractor’s work force should know and comply with the
    Health and Safety at Work Act. Particular attention is drawn to the HSE requirements for working at heights, including the brief guide
  7. Any tasks that might involve a risk of injury, or may cause damage to any on site property or are
    dangerous should be discussed with the Harbour Master Office before starting. As needed, risk
    assessments should be done to avoid accidents.
  8. At all times when on the premise, the contractor’s work force should know and comply with the
    British Marine Health and Safety Guide 1 –Guide for members, Guide 2- Boat Building and Repairs, Guide 3- Boat Use at Work, Guide 4- Marinas and Boatyards.
  9. The following activities are not permitted without prior written agreement: Hot work such as welding; Diving; grit, sand, shot or slurry blasting; any other hazardous or anti-social activity.
  10. Please be environmentally responsible by preventing pollution enter the river; conserving fresh
    water use; conserving power use; proper disposal of all waste, debris and general garbage.
  11. Report all accidents.
  12. Report any defective boatyard and marina equipment.
  13. Noisy work is only undertaken in normal working hours of 0800 to 1730 weekdays.
  14. Boat keys are only issued with owner authorisation and must be signed back in afterwards.

CONDITIONS OF WEBSITE USE

1. Copyright / trademarks

Unless otherwise stated, the copyright and other intellectual property rights in all material in this site, including photographs and graphical images, is owned by Beaulieu Enterprises Limited or an associated entity. You are permitted to print or download extracts from this site on the following basis:

Use of documents and related graphics on this site is for information and non commercial or personal use only; any copies of these pages saved to CD or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.

  • No documents or related graphics on this site are modified in any way.
  • No graphics on this site are used separately from accompanying text.
  • No part of this site may be reproduced or stored in any other web site or included in any public or private electronic retrieval system without prior written permission.
  • Any rights not expressly granted in these terms are reserved.
2. Access

Whilst we endeavour to ensure that this site is normally available 24 hours a day, we will not be liable if for any reason the site is unavailable at any time or for any period.

Access to this site may be suspended temporarily and without notice.

3. Liability

Whilst we endeavour to ensure that the information on this site is accurate, we shall not be liable for any damages arising from the use of or inability to use this site, or any information contained in it, or from any action or decision taken as a result of using this site or any such information.

We accept no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided ‘as is’ with no warranty, express or implied, for the information provided therein.

4. General

By accessing any part of this site, you shall be deemed to have accepted these terms in full

These terms shall be governed by and construed in accordance with English Law.

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