Mylor Yacht Harbour Regulations
Every person entering the premises of Mylor Yacht Harbour for any purpose and by any means shall be deemed to agree to and abide by these regulations:
Company shall mean Mylor Yacht Harbour Ltd.
Harbour shall include the Marina, Moorings or any other facility for launching, navigating, mooring or berthing a vessel.
Premises means all the land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, jetties, quays, piers, berths, sheds, lofts, workshops, hardstanding, roadways and car parks.
Owner shall include any charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Company.
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.
Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.
Berth/Mooring means the space on water or land from time to time allocated to the Owner by the Company for the Vessel during the term of this licence.
Storage Ashore 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.
Licence shall mean the licence agreement signed by the parties.
Manager means the person responsible for the day to day operation and administration of the premises on behalf of the company.
Regulations mean those regulations as made by the company which may be amended periodically which the company in its absolute discretion considers necessary to enable the company or those using the premises to comply with applicable legal requirements or for the safety and security or good management of the harbour and premises.
Risk & Enforcement
Apart from causative negligence or other breach of duty on the part of the company, every person using any part of the premises for any purpose whether by invitation or otherwise does so entirely at their own risk.
The Company accepts no obligation to an owner or any other person to enforce any provision of these Regulations against any other person and as such may not be required to do so.
1. General Requirements
1.1 The Company shall supply the Owner with a copy of the Regulations current at the time of application for a Licence. The regulations are also displayed in the Marina Office, Main Reception and are available on the Company’s website (www.mylor.com). The Company reserves the right to introduce new regulations on grounds of legal requirement or for the safety or security or good management of the Harbour or Premises and to amend such regulations as from time to time shall be necessary. Such regulations and any amendments to them shall become effective on being displayed on the Company’s public notice board or other prominent place at the Company’s Premises and the Company shall have the same rights against the Owner for a breach of the Regulations as for a breach of the terms of a Licence.
1.2 The Owner or any visitor to the Premises understands and agrees that the Company has the right to require the Owner, crew, guests or visitors to leave the premises immediately if they act recklessly, unreasonably or fail to observe these or other applicable laws or regulations. Continued behaviour deemed unacceptable by the Company may result in termination of a licence and/or exclusion from site. Advisory note: Owners, their guests and crew are advised that their conduct and that of their vessels is likely to be regulated and governed at various times by statutory, local authority and harbour regulations which may be more extensive than those of the Company and the breach of which may result in criminal penalties.
1.3 The Owner shall at all times be responsible for the proper upkeep and safe condition and maintenance of the Vessel, its gear and equipment whether afloat or ashore and shall maintain it in a good seaworthy condition with the ability to navigate under its own power at all times.
1.4 A list of charges for services is available from the office and on the company’s website. Payment for most services is due in advance and use of services without payment may result in debt recovery action or exclusion from site.
2. Vessel Movements
2.1 The Company reserves the right to board and/or move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Harbour and Premises.
2.2 A copy of the Company’s scale of charges for Vessel movements will be provided to the Owner before they enter into a Licence with the Company. Where a specific date or tide range for relaunch of the Vessel has been agreed between the Owner and the Company at the time of slipping or lifting out (or arrival by land) this charge alone will be payable for the launch. However where the Owner requests a different date or tide range the Company reserves the right to charge the Owner for the cost of moving other vessels to gain access to the launch point and for any attendant expenses, such as crane hire. The Company will provide the Owner with an estimate of such costs and charges prior to incurring them.
2.3 Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed, adequate warps and fenders for the Vessel shall be provided by the Owner.
2.4 No vessel, when entering or leaving or manoeuvring in the Harbour, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Harbour.
2.5 Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and byelaws of harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health and Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and byelaws.
3. Commercial Usage
3.1 No part of the Company’s Harbour or Premises or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written agreement from the Company which may at its sole discretion, withhold. This includes the hiring or charter of boats and rental for residential purposes. Where this permission is granted to a commercial operator whose Vessel is operated for hire or reward, special conditions will apply to the berthing licence which will include the holding of all necessary insurances, licences & certifications commensurate with the activity.
4.1 Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Company allocates a separate berth for them.
5. Traffic & Parking
5.1 Traffic on site must observe a considerate speed limit & at all times be aware of pedestrians and operating plant.
5.2 Parking is always subject always to the availability of space. Owners, crew & visitors may only park vehicles on the Premises in accordance with the directions of the Company.
5.2 Caravans, Motor Homes, Tents or Commercial vehicles may not be parked on any part of the Premises without the written permission of the Company.
5.3 Vehicles are parked at the sole risk of the vehicle owner and permits, where issued, must be displayed at all times.
6. Access to Premises/work on the Vessel
6.1 Subject to Clause 6.2 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, their regular crew or members of their 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.
6.2 Prior written consent will not be unreasonably withheld where:
6.2.1 The work is of a type for which the Company would normally employ a specialist sub-contractor; or
6.2.2 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.
6.2.3 Notwithstanding the foregoing, during periods of work by the Company on the vessel, neither the Owner nor their invitees shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.
7. Safety and the Environment
7.1 Attention is drawn to the Company’s Health and Safety and Environmental policies as amended from time to time. The Owner shall ensure that they have read and understood the policies and other relevant safety information which are all displayed and available from the marina office and on the company’s website (www.mylor.com). The Owner, his regular crew, members of his family and/or any person or company carrying out work on the vessel, with the permission of the Company, must comply with these policies, other relevant legal requirements and all reasonable instructions of the Manager in matters relating to the safe and efficient operation of the premises.
7.2 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 in the Harbour or on the Premises as soon as possible after they occur.
7.3 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Harbour or Premises so as to cause any nuisance or annoyance, dust, pollution or inconvenience to any other users of the Harbour or Premises or to 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 and other rigging shall be secured so as not to cause such nuisance or annoyance.
7.4 No waste or refuse is to be thrown overboard or deposited in any part of the Harbour or Premises other than in the designated receptacles provided by the Company. Waste or refuse not disposed of in these receptacles shall be completely removed from the Harbour and Premises. The disposal of oil, petrol, tar, paint, antifouling or other similar toxic or noxious wastes shall be exclusively placed into the receptacles specifically provided for these substances. The disposal of out of date flares or pyrotechnics is the sole responsibility of the Owner and cannot be disposed of by the Company.
7.5 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.
7.6 Owners shall refuel only at the designated fuelling berth and are to vacate the berth when the fuelling operation is completed. Where fuel is required to be transferred in portable containers, the Company reserves the right to refuse the use of any container deemed unfit for the purpose.
7.7 Owners shall be prohibited from the discharge of marine toilets sinks or bilges within the confines of the Harbour; such discharge may result in termination of any Licence agreement and ejection of the Owner from the premises.
7.8 Animals are welcome on the Premises on condition that they are kept under the control of the Owner. It is the responsibility of the Owner to ensure that fouling is properly controlled and no inconvenience is caused by noise.
7.9 Fishing, swimming, jet skiing or water skiing are not permitted within the confines of the marina pontoon area.
7.10 Owners or their agents must not move, alter or interfere with swinging mooring systems, shores, blocks, chocks, cradles or cradle legs used to store Vessels ashore. The Company is happy to assist with requests for alterations in respect of any of these.
8. Management & Insurance
8.1 The Owner shall not themselves nor shall they permit any other person to live aboard the Vessel at the Harbour.
8.2 Luggage trolleys must be returned to the designated storage areas.
8.3 ‘For Sale’, ‘For Charter’, ‘For Rent’ or other commercial signs or flags must not be displayed on the Vessel or other part of the Premises without the written permission of the Company.
8.4 All Contractors working on the Premises must first register with the Company and comply with the requirements of the registration process. The Owner must ensure that anyone working on the Vessel has registered with the Company and holds the requisite insurance policies.
8.5 Owners are required to maintain adequate insurance including third party liability cover for not less than £3,000,000 and shall supply the Company with full details and copies on request.
Download Mylor Yacht Harbour Regulations
Mylor Yacht Harbour Health & Safety Policy Summary
HEALTH AND SAFETY GENERAL POLICY STATEMENT
To ensure, so far as is reasonably practicable:
- That risks to the health and safety of MYH’s Staff, Tenants, Customers and Site Visitors are eliminated and that where risks to health and safety cannot be eliminated, to ensure that risks are adequately controlled and that the lowest-risk option is substituted.
- That there are adequate arrangements in place for the effective management of health and safety at work for all employees.
- That all employees receive adequate health and safety information, instruction and supervision and to ensure that they are adequately trained and capable of undertaking assigned work tasks.
- That there are adequate preventive and protective measures in place with regard to:
– The provision of safe and properly maintained work equipment
– The safe handling, use and application of substances hazardous to health
– The prevention of accidents and cases of work-related ill health
– The maintenance of safe and healthy working conditions
– The provision of adequate and appropriate welfare facilities for employees
– The provision of adequate and appropriate Personal Protective Equipment
- That work is carried out in accordance with statutory safety and legal requirements by all outside Contractors working on site through the use of MYH’s Contractor’s Registration Scheme.
- That the site is kept safe, secure and well maintained for all site users including Tenants, Customers and Site Visitors.
Mylor Yacht Harbour undertakes, so far as is reasonably practicable:
1. To implement the stated aims of this health and safety policy statement by putting into practice adequate and appropriate preventive and protective measures for health and safety in accordance with the requirements of relevant statutory instruments, approved codes of practice, health and safety guidance and good working practices.
2. To review the organisation of health and safety within the workplace, at least annually, in order to ensure that there are sufficient persons to assist with the implementation of this health and safety policy statement.
3. To prepare and regularly review risk assessments, any preventive and protective measures for health and safety, safe systems of work and their appropriate implementation.
4. To inform all employees with regard to:
- The contents of the health and safety policy statement
- The requirements of risk assessments
- The preventive and protective measures for health and safety
- The content of any safe systems of work; and
- Any changes with respect to any of these items.
Neil Salter – Managing Director, Mylor Yacht Harbour
Date: 3rd September 2020
Download our Health & Safety Policy
Mylor Yacht Harbour Limited Terms & Conditions
MYLOR YACHT HARBOUR – TERMS OF BUSINESS – Edition 16
THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK & FACILITIES OR GOODS UNDERTAKEN BY MYLOR YACHT HARBOUR AFTER 31ST JULY 2018
1. PRELIMINARY PROVISIONS AND DEFINITIONS
1.1 These Terms of Business form an integral part of all quotations and contracts provided by the Company and apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 In these Terms of Business,
‘Applicable Laws on Consumer Rights’ means all applicable laws, rules, regulations, instruments and provisions in force from time to time relating to consumer protection, including but not limited to the Consumer Rights Act 2015.
‘Company’ means the party or parties undertaking the Work, as well as any authorised member, agent, employee or representative of the Company.
‘Consumer’ means a Customer who is considered a “consumer” under the Applicable Laws on Consumer Rights.
‘Customer’ means the party or parties with whom the Company agrees to perform the Work and shall include the legal owner of any relevant Vessel, any parent or associated company and/or firm, as well as any authorised member, agent, employee or representative of the Customer. Where the Vessel is under demise charter and the agreement is with the demise charterer, the Customer shall also include the demise charterer. In the event that the Company enters into an agreement with more than one party, the obligations of such other parties shall be joint and several, unless otherwise agreed in writing.
‘Order’ means the Customer’s order for the Work, as set out in the Customer’s order form, or the Customer’s written acceptance of the Company’s quotation, or overleaf, as the case may be.
‘Parties’ means the Company and the Customer; each a Party and collectively the Parties.
‘Vessel’ means any vessel or a floating craft of any nature (or part thereof), or any other comparable object such as a yacht, a lighter, a barge, a pontoon, a tug, a drilling-platform, a rig as well as any other object entrusted to the Company for the Work to be undertaken.
‘Work’ means the goods and services supplied to the Customer and/or work undertaken by the Company pursuant to these Terms of Business.
2.1 The Company shall not be liable for any failure or delay in performing its obligations hereunder, or for any loss or damage, caused by or arising from events or circumstances beyond its reasonable control (which includes, without limitation, acts of God, wars (whether declared or not), riots, civil commotions, malicious damage, embargoes, compliance with any law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood, accidents, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other Party), failure of a utility service or transport network, unusually severe weather conditions, default of suppliers or subcontractors or the actions of third parties not employed by the Parties).
2.2 The Company shall take reasonable steps to maintain security at its premises, and to maintain its facilities and equipment in reasonably good order and condition.
2.3 Notwithstanding Clause 2.2, the Vessel, and any other property of the Customer left at the Company’s premises, is at the Customer’s own risk.
2.4 The Company shall not be under any duty to salvage or preserve the Vessel from the consequences of: (a) any defect in the Vessel and/or (b) an accident which has not been caused by the Company. However, the Company reserves the right to salvage or preserve the Vessel, at its sole discretion, in appropriate circumstances and in particular where the safety of people, property or the environment is at risk.
2.5 The Customer shall effect and maintain, at no cost to the Company, liability insurance providing cover for any loss or damage for which the Customer may be liable under these Terms of Business (including third party liability cover and, where appropriate, employer’s liability cover in respect of any of its employees).
2.6 The Company shall effect and maintain, at no cost to the Customer, liability insurance for such loss or damage for which the Company may be held liable under these Terms of Business.
2.7 Each Party shall produce copies of insurance policies as evidence of cover, immediately and (in any case within seven days) upon request by the other Party.
2.8 Each Party accepts responsibility and liability for: death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors; fraud or fraudulent misrepresentation; or any other reason for which it would be illegal for the Parties to exclude liability.
2.9 Subject to Clause 2.8, the Company shall under no circumstances whatsoever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms of Business.
2.10 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.
3. PRICES AND ESTIMATES
3.1 The price for the Work shall be the price set out in the Order, or if no price is quoted for the Work, the price will be determined based upon the labour and materials expended and services provided in accordance with the Company’s usual tariff at the time when the Work was performed, as duly invoiced to the Customer (the “Price”).
3.2 Unless otherwise agreed in writing, the Price will not include expenses incurred for pilotage, salvage, tugs, harbour dues and similar charges which shall be invoiced separately to the Customer.
3.3 The Company will exercise reasonable skill and judgment when giving an estimate or indication of Price. However, estimates are always subject to the accuracy of information provided by the Customer, are often based on a superficial examination and do not include the cost of any emergent work which may be necessary nor the cost of any extensions to the Work. The Company reserves its right to (a) increase the rates under its usual tariff (provided that such increase does not take place more than once in any twelve (12) months) and/or (b) subject to Clause 3.4, increase the Price for the Work.
3.4 The Company will inform the Customer of any proposed increase in the estimated Price, together with the reasons for such increase, and will proceed with the Work after having obtained the Customer’s approval (such approval not to be unreasonably delayed or withheld). The Customer shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affected by the proposed increase in the Price.
4.1 Unless otherwise agreed between the Parties in writing, payment for all Work provided shall be due immediately upon receipt of the Company’s invoice. Payment shall be deemed to have been made when received by the Company in cash or cleared funds at the Company’s nominated bank account. Time for payment is of the essence.
4.2 If the Customer fails to make any payment due to the Company by the due date for payment, the Company has the right to charge interest on the overdue amount at the rate of four percent (4%) above Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
4.3 The Customer shall pay all amounts due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding except as required or permitted by law. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
4.4 To the extent permitted by law, the Customer hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien, over the Vessel as security for payment of the Price until full payment of the Price by the Customer, or until the Customer has given security to the Company in a form acceptable to the Company (for example a letter of guarantee from a bank reasonably acceptable to the Company or lodgement of a cash deposit with a professional third party agent reasonably acceptable to the Company). The security provided shall be sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs and expenses.
4.5 The Company shall be entitled to charge the Customer for storage and the provision of any ongoing services at the Company’s normal daily rates until full payment (or provision of security) by the Customer and removal of the Vessel from the Company’s premises. The Customer shall be entitled to remove the Vessel upon providing proper security.
5.1 Unless otherwise agreed in writing by the Parties, time estimates given for completion of the Work are given in good faith and without guarantee.
5.2 The Company shall not be liable for any failure or delay in the performance or completion of the Work, or for any such loss or damage resulting therefrom, unless the Company has expressly guaranteed completion by a specific date in writing, or the delay arises from its wilful acts or omissions or negligence.
6. THE VESSEL’S MOVEMENTS
6.1 The Company shall have the right to order such movements of the Vessel and such tests or trials it deems necessary in order to perform and determine the due completion of the Work and/or for reasons of safety, security or good management of the Company’s business and premises.
6.2 The costs of such movements, trials and/or tests including the cost of any bunkers and/or consumables shall be borne by the Customer.
7. TITLE AND RISK
7.1 Risk in all goods, equipment & materials supplied by the Company to the Customer shall pass to the Customer at the time of supply to the Customer of such goods, equipment or materials or at the time when such goods, equipment or material are assigned or affixed to the Vessel.
7.2 Title to all goods, equipment and materials supplied by the Company to the Customer shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) for the Work.
8.1 The Company guarantees that, for a period of twelve (12) months from completion of the Work (the “Warranty Period”), the Work will be free of defects in workmanship and materials (when supplied by the Company) and in conformity with the agreed specification. The Customer shall give notice in writing (as per Clause 15) to the Company of any defects in material or workmanship (“Defective Work”) which may become apparent and shall provide the Company with sufficient evidence so as to establish the nature and extent of the Defective Work. This guarantee applies only to the Customer: a person who is not a Party to these Terms of Business shall not have any rights to enforce these Terms of Business.
8.2 The geographical area within which this guarantee will be honoured is restricted to the United Kingdom.
8.3 On notification by the Customer of the Defective Work, the Company will be given a reasonable opportunity to inspect the Defective Work and if it is the Company’s responsibility, the Company shall repair or re-perform, in whole or in part, at its discretion, the Defective Work. Delivery of repairs or re-performance under this guarantee will be made in accordance with these Terms of Business.
8.4 The Customer shall, immediately after the discovery of any Defective Work, take all appropriate steps to mitigate any loss or damage and to prevent any Defective Work becoming more serious.
8.5 The Company shall not be liable for any Defective Work if the defect arose as a result of: (a) the Customer’s failure to follow the Company’s oral or written instructions; (b) the Company following any drawing, design or specifications supplied by the Customer; (c) fair wear and tear, wilful damage, negligence or abnormal working conditions; (d) materials supplied by the Customer and/or (e) changes made to ensure compliance with applicable statutory or regulatory standards.
8.6 Any remedial work which is put in hand by the Customer directly without first notifying the Company and allowing the Company a reasonable opportunity to inspect the Defective Work shall invalidate the guarantee provided under this Clause 8.
8.7 Where the Customer is not a Consumer: these Terms of Business do not contain any express or implied term as to quality or fitness for any particular purpose, unless, prior to the Work being performed, the purpose has been clearly identified in writing to the Company and the Customer has stipulated that it is relying upon the Company’s skill and judgment to ensure this purpose has been met; and
The Company accepts no liability to the Customer in respect of any loss of profit or turnover which the Customer or its customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied to the Customer by the Company.
8.8 The Company shall assign to the Customer any and all of its rights against the manufacturer or supplier of any particular article used in the Work or supplied to the Customer as part of the Work.
9. QUALITY STANDARDS
9.1 The Company will exercise reasonable care and skill in the performance of the Work in accordance with the provisions of these Terms of Business, the requirements of any relevant regulatory bodies and, in the absence of any other contractual term as to quality, to a satisfactory standard.
10. ACCESS TO PREMISES / WORK
10.1 No work or services shall be carried out by the Customer on the Vessel or the Company’s premises without the Company’s prior written consent except for minor running repairs or minor maintenance of a routine nature. The Company’s consent may be revoked with immediate effect in the event of any breach of these Terms of Business by the Customer, in which case the Company shall be entitled to demand the immediate cessation of any work.
10.2 The Customer is subject to the Company’s health and safety, environmental and access policies and shall further be obliged to comply with all laws and regulations relating to environmental protection and safety.
10.3 The Customer is responsible for any damage or loss caused directly or indirectly from any breach of its obligations under these Terms of Business.
10.4 The Customer shall take all necessary precautions to avoid pollution of the environment and shall indemnify the Company for any loss or damage arising from any pollution of the environment.
10.5 The Customer shall ensure that it does not cause any nuisance or annoyance to the Company, any other customer or person present or residing in the vicinity and does not interfere with the Company’s schedule for the Work and/or the good management of the Company’s premises and business.
10.6 During performance of the Work by the Company (and/or any of the Company’s sub-contractors), the Customer shall not have access to the Vessel unless the Company’s prior written consent has been obtained.
11. RIGHT OF SALE
11.1 The Company accepts vessels, gear, equipment and other property for repair, refit, maintenance or storage subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on us in circumstances where the customer fails to collect or accept re-delivery of the goods (which includes a vessel and any other property). A sale will not take place until notice has been given to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
11.2 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 they will take delivery or arrange collection when the repair or treatment has been carried out.
11.3 The Company’s obligation as custodian of goods accepted for storage ends when notice is given to the customer;
11.4 The place for delivery and collection of goods shall normally be at the Company’s premises.
12. ASSIGNMENT AND OTHER DEALINGS
12.1 The Company may at any time assign, transfer or deal in any other manner with all or any rights under these Terms of Business and may sub-contract or delegate in any manner any or all of its obligations under these Terms of Business to a third party.
12.2 The Customer shall not, without the prior written consent of the Company, assign, transfer, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms of Business.
13. CONSUMER RIGHTS
13.1 To the extent that these Terms of Business contradict with the Applicable Laws on Consumer Rights, the rights conferred on Consumers under the Applicable Laws on Consumer Rights remain unaffected.
13.2 Advice on whether a Customer is a Consumer or is otherwise protected by some or all of the Applicable Laws on Consumer Rights may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors practising in England and Wales.
14. THIRD PARTY RIGHTS
14.1 A person who is not a Party to these Terms of Business shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
15. COMMUNICATION AND NOTICES
15.1 All communications and notices given under these Terms of Business shall be in writing. A notice shall be sufficiently served if given by effective means of communication, including but not limited to fax, email, registered or recorded mail or by personal service, to the Customer’s last known address or to the Company’s official email, trading address or registered office.
16.1 If any provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 16 shall not affect the validity and enforceability of the remaining provisions of these Terms of Business.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms of Business, as well as any contract(s) made subject to these Terms of Business, shall be governed by and construed in accordance with English law.
17.2 All disputes arising out of or in connection with these Terms of Business shall be subject to the non-exclusive jurisdiction of the English courts.
17.3 Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s (“BM”) Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or online on BM’s member website.
Mylor Yacht Harbour Holding Company Terms & Conditions (Harbourside Holidays)
If you have any queries about the accommodation, the harbour facilities, or the local area please do not hesitate to contact us. We are here to help you choose the right accommodation for your holiday and we are happy to answer any questions you may have.
Please use our online booking system to book your holiday home. The website shows the most up to date availability for all the cottages. When you make the booking a deposit of 50% will be required, payable by debit or credit card, the balance is payable one month before the booking start date. Full payment will be required if the booking is made within one month of the booking start date. If you are unable to pay by credit or debit card online please telephone the office and we can make the booking for you and accept payment by cheque made payable to Mylor Yacht Harbour Holding Company Ltd. Payment of the 50% deposit or the booking fee in full constitutes a confirmed booking. All deposit payments are non-refundable.
When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you have provided in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email.
THE BOOKING CONTRACT
The contract is between the guest named on the booking form (the Guest) and Mylor Yacht Harbour Holding Company Ltd (the Company). The person named on the booking form certifies that he or she agrees to these Terms and Conditions on behalf of all persons using the accommodation and accepts full liability for all monies payable and responsibility for all damages and breakages incurred during the contracted period.
We strongly recommend that you take out holiday cancellation insurance as you will be liable for all monies payable once your booking has been confirmed. If you are unable to make your holiday dates after the booking has been confirmed we cannot accept alternative dates. We shall, however, endeavour to find a replacement booker and if successful a refund of the balance can be made. In this event the deposit remains non-refundable.
COVID: HARBOURSIDE CANCELLATION TERMS UPDATE 15/07/20
The Government has introduced a period of reduced VAT for holiday accommodation between the 15th July 2020 and the 31st March 2021 of 5% instead of the standard 20%. We are passing this saving on to our guests. The VAT rate is applied at the point of payment, so paying in full now for a holiday next year will attract the reduced VAT rate resulting in a considerable saving.
We are encouraging guests to do this and save money, but we recognise that paying in full for a stay so far in advance poses an additional risk, especially in the current climate. To alleviate this risk, we are introducing a special cancellation policy for bookings made during this time:
- This policy applies to booking made, and fully paid for between 15th July 2020 and 31st March 2021.
- Bookings can be moved or cancelled and fully refunded up to 4 weeks before the arrival date.
- If you are unable to make a booking due to Government lockdown or travel restrictions, we will also guarantee to rebook or fully refund your stay.
ADDITIONAL CLEANING, BREAKAGES & DAMAGE
We do not require any cleaning or dilapidation deposits as security. We ask our guests to respect the accommodation and contents and to leave these in a clean and tidy condition. We ask that guests report any damages or breakages to us as they occur to enable us to make repairs / replacements for their own comfort and safety. We do not as policy charge for small accidental loss (e.g. wine glass or similar) but Mylor Yacht Harbour Holding Company Ltd reserves the right to recover larger losses at cost in consultation with the Guest as per the BOOKING CONTRACT above.
Once the booking is received and accepted you are liable for payment of the balance of rent which is due, in full, one month prior to the booking start date. In the event of non-payment the property may be re-let. A reminder email will be sent to the email address given on the booking form.
The Guests agree to:
a) Take good care of the property and leave it in a clean and tidy condition, ready to prepare for the next guests;
b) Pay for any losses or damages to property, caused by the Guest or a member of their party;
c) Be respectful of other guests and local residents with regard to noise and behaviour
d) Observe all terms and conditions pertaining to pets (see below)
e) Refrain from smoking within the units
f) Only accommodate the number of dogs agreed in advance with the Company and only in a pet friendly property.
NUMBER OF GUESTS
The number of guests staying in each cottage must not exceed the number stipulated in the cottage details. Infants under the age of three years may stay in addition to this number provided they use an appropriate cot (travel cots are available in all apartments).
ARRIVALS AND DEPARTURES
Some of the properties change over on Thursday, and some on Friday. Please refer to the details for each individual accommodation for changeover information. Occupancy commences at 5pm on the date of arrival and the premises must be vacated by 10am on the date of departure.
COMPLAINTS AND BREAKAGES
All complaints and breakages must be notified to the harbour office during your stay so that an investigation and prompt remedial action can be taken. Complaints raised after your departure do not offer us a chance to provide a solution.
NON-AVAILABILITY OF PROPERTY
If for any reason beyond Mylor Yacht Harbour’s control the property is not available on the date booked (owing to fire damage for example), the Guest will be offered either a replacement booking of same size accommodation if available, or a full refund of monies paid. No further claims will be accepted.
Horatio, Effingham, Grenville, Cornwallis and Kingsmoor are designated dog friendly accommodation. Non-designated apartments do not accept dogs. The apartments do not accept any other species of pet other than dog. The maximum number of dogs housed in any one accommodation will be two according to the discretion of the Company dependent upon breed and size of accommodation. There is a £25 rent payable per dog per week in addition to the published accommodation fee. Dogs must never be left unattended in the accommodation or allowed to roam on the Mylor Yacht Harbour site. Nor are dogs allowed on the furniture or in the bedrooms. Local kennels are available for Guests with more than two dogs or for guests staying in any property which does not accept dogs. Please note that you will be fully responsible for costs incurred for any damage to furniture and fittings caused by your pet. Please note the company cannot accept any responsibility for your pets’ safety.
HEATING, ELECTRICITY & WATER
Essential services (electricity, heating and water) are included in the fees.
VAT is charged at the standard rate and is included in the charges shown on our price list.
Linen is changed between occupancies and fresh sets are delivered weekly for stays over one week. Bath sheets and hand towels are also provided but are not to be taken to the beach or out of the units. Please bring your own beach towels.
Stays of less than one week are available for a minimum of three nights outside of school holiday periods. Please telephone the office with your requirements and we can create a booking for you. Non-standard arrival and departure days may be possible for your short break.
Guests will be given sufficient passes to cover each car in the party for the duration of the occupancy. Although there are no dedicated parking spaces for the holiday cottages, guests are welcome to park in any of the harbour site car parks. During peak season it may not always be possible to park directly outside the property.If you have disabilities and would like assistance with your arrival and departure we’ll be pleased to help.
Guests bringing boats by road will be entitled to free trailer parking for the duration of their stay in the accommodation. Storage of the boat afloat or ashore will be charged at the prevailing rate. To check prices or to book your stay please contact the harbour office.
Effingham, Frobisher, Grenville and Horatio are ground floor apartments all on one level. Ramps are available for the one step at the front doors. Kitchen worktops and utilities are standard height and the layout of the apartments is unsuitable for lifting equipment.
Effingham’s bathroom and Grenville’s shower room can have the aids listed below if required:
Effingham – bath lift, toilet raiser, additional grab rails
Grenville – built-in shower seat, toilet raiser, additional grab rails
Boscawen, Cornwallis and Drake are all accessed via steps to an outside veranda area. Internally their accommodation is divided over two floors. Kingsmoor is accessed at ground level with the accommodation spread over two floors.
If you are unsure please call us to discuss your requirements before you book.
Download Mylor Yacht Harbour Holding Company Terms & Conditions (Harbourside Holidays)
Mylor Yacht Harbour General Data Protection Statement and Privacy Notice
Mylor Yacht Harbour Ltd. and Mylor Yacht Harbour (Holding Co.) Ltd. are the companies which provide goods and services to customers from the premises at Mylor Yacht Harbour, Falmouth, Cornwall, TR11 5UF. Both companies use the same customer database and data is held and processed in the following ways:
1. Newsletter Subscribers
We hold and process the email addresses of customers or interested individuals who voluntarily subscribe to our Mylor Yacht Harbour and Harbourside Holidays Newsletters through our website. Customers or individuals who subscribe to either of these have requested to receive our newsletters by email and the information is not used for anything other than this purpose. Customers have the option to unsubscribe from this service at any time.
For the sending of newsletters, Mylor Yacht Harbour uses a bona fide third party email delivery service (currently Mail Chimp) and customer’s data is held and processed by them solely for email delivery purposes. They have assured us that: ‘Mail Chimp never sells subscriber lists, and neither we nor our third parties have a direct relationship with your subscribers or advertise our services to your subscribers’.
Data held for this purpose is processed under the lawful basis of Consent as set out in the General Data Protection Regulations.
2. Customers who use our Products and Services
We hold and process customer data in order to supply goods and services, fulfil contracts that customers have requested or because we have been asked to provide information such as a quote or estimate. We will also hold customer data because they have requested their details to be added to a list of customers awaiting the provision of services.
Customer’s personal data held and processed includes: names, addresses, emails, phone numbers and bank details (for Direct Debit by Premium Credit). Credit card information given by customers over the phone will be used to take payment as part of a contract but the card information is not held by Mylor Yacht Harbour once the transaction has taken place.
Other details held and processed may include customer’s boat name, type, make, LOA, draft, beam, service records and/or other associated equipment details.
This data is used to identify customer property and its location, fulfil contracts, supply services, create job cards, contracts or estimates, monitor & report on work processes, discuss issues and manage accounts. As a result, we are unable to provide any goods or services without holding and processing such relevant customer data.
As part of fulfilling a service or contract, certain customer information (as appropriate) may be passed to:
• Couriers or companies where goods are ordered and sent directly to customers.
• Credit service providers when this is requested as part of a berthing contract.
• Manufacturers where warranties are registered on behalf of a customer or where warranty claims have been made.
• Companies to whom we sub contract specialist work (this is usually boat name only)
Data is also held of contractors, retailers, service providers and manufacturers that supply Mylor Yacht Harbour with goods or services for the purposes of payment of invoices relating to purchases.
Customer Data held for this purpose is processed under the lawful basis of Contract as set out in the General Data Protection Regulations.
3. When Required by Law
Data will be processed where we are required to do so by legal obligation under common law or statute. Customer declarations are required by HMRC to be made for the use of marine diesel fuel when purchased and information collected in this way is held for inspection by them as required. Where holding & processing customer data is necessary for other legal requirements, the appropriate source for the obligation in question will be identified.
Data held for this purposes is processed under the lawful basis of Legal Obligation as set out in the General Data Protection Regulations
4. Communication with Customers
Customer data (as described in section 2) will be held and processed in order to communicate with our customers or to provide information that we that we believe may be of interest or benefit to them. This may include relevant marine or other information, newsletters, promotions and special offers. Please note that such information or offers will directly come from and relate solely to Mylor Yacht Harbour and never from a third party. Where this data is processed for email distribution, customer’s email addresses may be uploaded to a bona fide third party email distribution service (currently Mail Chimp) and customer’s data is held and processed by them solely for email delivery purposes.
We may also contact customers from time to time to seek information and feedback relating to our performance in order to assist us in improving services.
Customer Data used for this purpose is processed under the lawful basis of Legitimate Interests as set out in the General Data Protection Regulations.
Whenever data is processed for Legitimate Interest purposes such as these, we believe that this is reasonable, proportionate, would not be wholly unexpected and would have a minimal privacy impact. However, we will always keep customer’s personal data rights in high regard, take account of these rights and offer an opt out at any time.
Data may also be passed to third parties in the event of a legal dispute or for debt recovery purposes where there is a legitimate business reason for us to do so.
CCTV images are taken of the site which may include images of customers, site users and car registration numbers. This data is held in the Legitimate Interests of site security and crime prevention but may be shared with our insurance company in support of a claim or under Legal Obligation with appropriate Law Enforcement Agencies.
5. Further Information
Based on the nature of our business, and for the purposes of processing data, we define a customer as:
• Someone we would reasonably expect to do business with as a result of an enquiry or request,
• Someone who holds a berthing licence, service agreement, lease or is currently in receipt of services, &
• Someone who we have done business with previously and we realistically expect to do business with them again in the future. This could be annually or longer in the case of visiting boats or services customers.
As a result, data is held for the period that we would expect to do business with a customer or as is statutorily required.
6. Security of Data
Other than as part of the processing of data as outlined above for consent, contract, legal or legitimate business purposes, we do not sell or pass on customer data to any third parties for their use. The companies that we do pass data on to as outlined above do not have our permission to use the data for any other purpose other than that which we have requested.
Electronic Data is held by Mylor Yacht Harbour on secure servers protected by appropriate firewall and anti-virus measures and backed up regularly. Paper data is held & used in premises which are locked when unoccupied, stored in locked filing cabinets/rooms where appropriate & securely destroyed when not required.
7. Your Data Rights
Please note that the information in this notice may be amended from time to time to ensure complete compliance with the relevant regulations or to provide additional information as to how we store and process our customer’s personal data.
Download our full Privacy Notice
Mylor Yacht Harbour Environmental Policy
Mylor Yacht Harbour recognises that the activities carried out by the company and its customers have the potential to impact the environment. The company is committed to minimising the effect of these activities on both the shore side and the marine environments and as a result, it is the company’s policy to:
- Take responsibility for our impact on the environment.
- Meet or exceed all environmental legislation.
- Consider carefully the environmental impact in all aspects of running and developing the business and have a continuous improvement philosophy in environmental performance.
- Minimise all types of waste, recycle where practicable and dispose of all waste materials responsibly.
- Minimise the effect of noise, emissions and visual pollution on Mylor Harbour users and neighbours.
- Use sustainable resources where practicable.
- Keep the site clean, tidy and well maintained.
- Communicate with staff, customers and tenants to raise awareness of environmental issues and to help minimise the impact of their activities.
- Have appropriate plans and resources available to deal effectively with incidents that may adversely impact the environment.
- Ensure appropriate resources are available to meet the requirements of this policy.
Download our Environment Policy