MYLOR YACHT HARBOUR LIMITED: TERMS OF BUSINESS
THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES OR GOODS UNDERTAKEN BY US ON OR AFTER 10 APRIL 2007
1.1 We shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control (such as severe weather conditions, the actions of third parties not employed by us 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 us for work or storage, and harm to persons entering our premises or using any of our facilities or equipment.
1.2 We shall take reasonable and proportionate steps having regard to the nature and scale of our business to maintain security at our premises, and to maintain our facilities and equipment in reasonably good working order; but in the absence of any negligence or other breach of duty by us vessels and other property are left with us at the customer’s own risk and customers should ensure that their own personal and property insurance adequately covers such risks.
1.3 We shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of any defect in the vessel or property concerned unless we have been expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of an accident which has not been caused by our negligence or some other breach of duty on our part. However we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where we do so we shall be entitled to charge the customer concerned on a normal commercial basis.
1.4 Customers may themselves be liable for any loss or damage caused by them, their crew or their vessels and while their vessel or other property is on our premises or is being worked on by us they shall be obliged to maintain adequate insurance, including third party liability cover for not less than £2,000,000, and, where appropriate, Employers’ Liability cover in respect of any employee. Customers shall be obliged to produce evidence of such insurance to us within 7 days of a request to do so.
2 PRICES AND ESTIMATES
2.1 I n the absence of express agreement to the contrary our price for work shall be based on labour and materials expended and services provided.
2.2 We will exercise reasonable skill and judgement when we give an estimate or indication of price. However such estimates are always subject to the accuracy of information provided by the customer and are usually based only on a superficial examination and will not include the cost of any emergent work which may be necessary to the vessel, gear or equipment nor the cost of any extensions to the work comprised in the estimate.
2.3 We will inform the customer promptly of any proposed increase in estimated prices and the reasons for it and will only proceed with the work or supply with the approval of the customer. 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 price.
3.1 Any time given for completion of our work is given in good faith but is not guaranteed. We shall not be responsible for any delay in completion of the work or for the consequences of any such delay unless it arises from our wilful acts or omissions or from our negligence.
4 VESSEL MOVEMENTS
4.1 We reserve the right to move any vessel, gear, equipment or other property at any time for reasons of safety, security or good management of our business and premises.
5.1 Unless otherwise agreed between us payment for all work, goods and services shall be due immediately on invoice date. Payment shall be deemed to have been made when we receive cash or cleared funds at our bank.
5.2 We have the right to charge interest on any sum outstanding for more than 30 days (except in the case of a reasonable and proportionate retention by the customer of any amount genuinely in dispute between us and the customer) on the outstanding balance at 4% above Bank of England base rate which may be calculated daily up to the date of actual payment. In the case of business customers this rate will be substituted with the current rate applicable under late payment legislation.
5.3 ‘We reserve a general right (‘a general lien’) to detain and hold onto a customer’s vessel or other property pending payment by the customer of all sums due to us. We shall be entitled to charge the customer for storage and the provision of any ongoing services at our normal daily rates until payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall be entitled to remove the vessel or other property upon providing proper security, for example a letter of guarantee from a Bank reasonably acceptable to us or lodgement of a cash deposit with a professional third party agent, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for our prospective legal costs. This right does not affect the customer’s entitlement to withhold a proportionate part of the price in respect of alleged defects but where that amount is in dispute between us the customer shall be required to provide security for the full amount pending resolution of the dispute.
5.4 Our customers’ attention is drawn also to the note at Clause 10.2 of these Terms of Business regarding other rights which exist at law.
6 RETENTION OF TITLE / RISK
6.1 Title to all goods, equipment and materials supplied by us to a customer shall remain with us until full payment has been received by us.
6.2 Risk in all goods, equipment and materials supplied by us to a customer shall pass to the customer at the time of supply to the customer.
7.1 Advice on whether a customer is ‘a consumer’ or otherwise protected by some or all of the consumer protection legislation in force in the United Kingdom may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of Solicitors (who may charge). Online guidance may be obtained at http://www.consumerdirect.gov.uk/
7.2 A customer who is a consumer has certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms.
7.3 In addition to the statutory rights provided by English law we guarantee our work for a period of 12 months from completion against all defects which are due to poor workmanship or defective materials supplied by us. This guarantee applies only to the customer to whom the work or materials were supplied. We shall be liable under this guarantee only for defects which appear during this 12 month period and which are promptly notified to us in writing at our trading address or registered office set out on our letterhead.
The geographical area within which this guarantee will be honoured is restricted to the United Kingdom.
7.4 On notification by the customer of such defects, we will investigate the cause and if they are our responsibility under the terms of this guarantee we will promptly remedy them or, at our option, employ other contractors to do so. Any remedial work which is put in hand by the customer directly without first notifying us and allowing us a reasonable opportunity to inspect and agree such work and its cost will invalidate this guarantee in respect of those defects.
7.5 Where we supply goods or services to a partnership or company or to a customer who is acting in the course of a business or a commercial operation (a ‘Business Customer’) then:
7.5.1 No article supplied by us to a Business Customer shall carry any express or implied term as to its quality or its fitness for any particular purpose unless prior to the supply the Business Customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgement.
7.5.2 No proprietary article specified by name, size or type by a Business Customer shall carry any such express or implied term but we will assign to the Business Customer any rights we may have against the manufacturer or importer of that article.
7.5.3 We accept no liability to indemnify a Business Customer against any loss of profit or turnover which he or his customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied by us.
8 QUALITY STANDARDS
8.1 We will complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.
9 ACCESS TO PREMISES/WORK ON THE VESSEL
9.1 No work or services shall be carried out on a vessel, gear, equipment or other property on our premises without our prior written consent except for minor running repairs or minor maintenance of a routine nature by the customer or his regular crew. It shall be an absolute condition that all work is carried out in full compliance with our Health and Safety, environmental and access policies and that it does not cause any nuisance or annoyance to us, any other customer or person residing in the vicinity, and does not interfere with our schedule of work or the good management of our business. We shall not be responsible to customers or third parties for the consequences of any person’s failure to respect any part of this condition but we shall be entitled to demand the immediate cessation of any work which in our view breaks these requirements.
9.2 While we or our subcontractors are working on a customer’s vessel or equipment the customer shall not have access to it except by prior arrangement. We will agree reasonable access when it is safe to do so and when it will not interrupt or interfere with our work schedule.
10 RIGHT OF SALE
10.1 We accept 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 we have given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
10.1. 1 Goods for repair or other treatment are accepted by us 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;
10.1. 2 Our obligation as custodian of goods accepted for storage ends when we give notice to the customer;
10.1. 3 The place for delivery and collection of goods shall normally be at our premises. Advice regarding the Act and its effect may be obtained from any of the sources referred to at Clause 7.1 above.
10.2 Maritime Law entitles us in certain circumstances to bring action against a vessel to recover a debt or damages. Such action may involve the arrest of the vessel through the Courts and its eventual sale by the Court. This right of arrest and sale may continue to exist against a vessel after a change of ownership. Sale of a vessel or other property may also occur through the enforcement of a court order or judgement.
11.1 We may subcontract all or part of the work entrusted to us by the customer, on terms that any such subcontractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, which exist for us under these Terms of Business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor.
12.1 Notice to a customer shall be sufficiently served if personally given to him or if sent by first class post to the customer’s last known address. Notices to us should be sent by first class post to our principal trading address or registered office.
13 LAW AND JURISDICTION
13.1 Any contract or series of contracts made subject to these terms shall be subject to and governed by English law.
13.2 In the case of Business Customers any dispute arising under them shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
13.3 In the case of customers who are consumers or who are not contracting in the course of business any dispute shall be submitted to the non-exclusive jurisdiction of the Courts of England and Wales.
14 DISPUTE RESOLUTION
14.1 The BMF and the RYA recommend that disputes arising under a contract which is subject to these terms shall, when they cannot be resolved by negotiation, with the written agreement of the parties be submitted to mediation or failing that to arbitration under the BMF’s Dispute Resolution Scheme, which is approved by the RYA.
14.2 Details of the mediation scheme operated by the BMF are available at www.britishmarine.co.uk/mediation.
14.3 Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the BMF’s Dispute Resolution Scheme. Details of the arbitration scheme are available at www.britishmarine.co.uk/mediation. The provisions of the Arbitration Act 1996 shall apply.
Published by the British Marine Federation and approved by the RYA, who recommend that disputes are submitted to alternative
dispute resolution under the Marine Dispute Resolution Rules published by the British Marine Federation.
MYLOR YACHT HARBOUR HOLDING COMPANY LTD: TERMS AND CONDITIONS
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.
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 3pm 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.
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 on 01326 372121.