Lochmaddy Marina Terms and Conditions
The following terms and conditions apply to your use of Lochmaddy Marina. Your presence and / or the presence of your watercraft within the marina, indicate your knowledge of and acceptance of these terms and conditions. These terms and conditions are designed to ensure the safety and wellbeing of all users of the marina, whilst also maintaining this unique resource. Please note that these terms and conditions are updated from time to time, so the latest version is always here on the website.
1. You must be 20 years old or over to attend the marina unaccompanied.
2. All children and pets must be accompanied by an adult.
3. All pets kept on a lead and any mess cleaned up.
4. You shall have up to date insurance for your vessel (evidence may be asked for at any time) and is a condition of you using the marina facility. You may yourselves be liable for any loss or damage caused by you, your crew or your vessel(s) and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us.
5. Vessels, gear, equipment or other goods are left at your own risk and you should ensure that you have appropriate insurance against all relevant risks
6. We shall not be liable for any loss or damage caused by any event outside of our control or for any direct or indirect losses suffered by you; this extends to loss or damage to vessels, gear, equipment or other goods left for repair or storage, and harm to persons entering the marina, its premises or the harbour and /or using any of our facilities or equipment.
7. You must ensure that at all times we have a current postal address or (at least) a current email address to which we can send you (or your representative) any notice or details of any matter arising out of your stay at the marina and subsequent contract. You must also provide telephone contact details in case of emergency.
8. Annual berth holders must pay annually up front for each boat. (payment by bank transfer or via our website) Unpaid fees may result in your boat being removed, towed, sold or scrapped at your expense and risk.
9. Bookings are on a first come first service basis for visitors, upon request we will try and reserve a space but as the marina is often not staffed, spaces cannot be guaranteed and after 20:00 any unfilled ‘reservations’ are null and void.
10. Visitor payments must be made either prior to, or upon arrival at the marina, via Pay-Pal on the website and paid for the duration of your stay. Weekly, monthly or annual rates shall be agreed strictly in advance. otherwise daily marina fees shall apply.
11. Electricity and water is NOT included in the license price except to visiting overnight yachts.
12. Visitors must use designated visitor berths, the marina is also used by local and annual berth holders. The physical layout of every the marina and the varying needs and obligations of all parties require that we retain absolute control of berth allocation within the marina. Accordingly, you shall not be entitled to the exclusive use of any particular berth but shall use such berth as is from time to time allocated to you by marina representatives.
13. COMMERCIAL USAGE No part of the marina or premises or any Vessel or vehicle situated therein or thereon shall be used by you for any commercial purpose, except where you have sought and obtained our prior written consent. An additional admin fee of £350 may be charged per visit, where any commercial vessel has not booked and / or it is so large that it may cause damage instigating a safety inspection of the pontoon, as like any marina, we do have weight limitations. Where any agreement is made with a commercial operator whose vessel is operated for hire or reward in the course of trading, we reserve the right to impose further conditions and or restrictions if deemed necessary, in the interests of good marina management.
14. Boat owners and crew are expected to conduct themselves in a courteous and professional manner at all times.
15. We cannot guarantee the water level in the Marina will be sufficient for your vessel to navigate safely to, from and within the marina. You are responsible for checking at all relevant times that there is sufficient water for you to navigate to, from and within the marina.
16. The users of the marina facilities will at all times navigate with due regard to other users, and within the marina and out to 100 metres at no more than 5 knots. 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 within the harbour. Advisory Note: You, your guests and crew are advised that vessels are at all times subject to the speed restrictions and byelaws of the marina, arbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health & Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and byelaws. We reserve the right to charge £350 towards the cost of a marina inspection where this limit is not complied with on a per incident basis.
17. You may be asked to move, reposition, or re-tie your boat to allow other boats to berth. You must keep the berth which you are allocated from time to time in a tidy condition. We reserve the right to allocate a different berth at any time and without notice. No boat gear, equipment or stores shall be left on Pontoons or jetties.
18. You may be asked to raft if the marina is busy, observing good boatmanship and care when doing so.
19. Priority and clearance must be given to the Ferry when its docking or departing.
20. Repair costs resulting from failure to tie up and / or fender adequately will be charged to the berth user, similarly trailing cables, loose equipment etc may also be subject to such charges. Similarly, you may not cut, mark or damage the marina or install equipment without prior written authorisation. Fees will be charged to repair such wilful damages and in any event will be subject to our standard admin fee of £350, plus any additional material or labour costs, which will be directly passed to you.
21. The access gangways, pontoons and mooring fingers are to be kept clear of obstructions. Mooring lines must be laid in a seamanlike manner and must not create trip hazards.
22. No commercial gutting of fish or over -side dumping of any material including refuse, oil, offal, shall be carried out within the marina. Due regard to the environment will be expected from all users at all times
23. You, your regular crew or members of your family may do minor running repairs or minor maintenance of a routine nature provided you are not causing nuisance, or annoyance to any other Berth holders or persons in the vicinity, not interfering with our schedule of work and not involving access to prohibited areas. You are responsible for leaving your working area tidy and disposing of waste responsibly.We reserve the right to demand immediate cessation of any works or activities if we consider they are causing danger to others, damage / harm, excessive noise or nuisance.
24. All persons using any part of the marina property for whatever purpose do so at their own risk, however, you may only access the marina if authorised to do so, as either a paying boat owner, crew member or approved contractor.
25. Prices are under constant review and the price of unsold accommodation may be increased or decreased at any time. Price list will be kept up to date on the website
26. If you want to change any detail of your confirmed booking, we must receive your instruction in writing by email
27. Images may be taken and used on the website or social media. These images may show your craft or you and / or your crew. If you do not wish for images of people to be used please email us accordingly with your name and boat name so we may exclude these images. A drone may fly from time to time as the season progresses to help us maximise space and also take images for marketing purposes.
28. Lochmaddy Marina (a trading style of Comman Na Mara) reserves the right to change their terms and conditions at any time, with the latest copy being visible on the website.
29. We ask that you book with us directly, as only these bookings shall be valid.
30. If you have any complaints about a service, property or facility we provide, you must let us know immediately in writing and within seven days of the end of your booking. Unfortunately, we cannot accept any responsibility if you do not let us know within this time frame.
31. This agreement is a fixed term contract and you have no right to terminate the agreement prior to the end date and receive a refund for the unexpired period of the agreement
32. If we are found to be at fault in relation to a service, we provide we will not pay more than the booking revenue, minus administrative and booking expenses, we have earned from the booking, although will make reasonable effort to put things right.
33. Living on board boats is prohibited in the marina. Berth holders and their guests may not stay on board the vessel for more than 14 nights per month in a 3 month period without the prior written consent of the marina.
34. We offer facilities that will be cleaned on a semi-regular basis, we cannot however accept liability for others not taking care of the facilities between cleaning.
35. The maximum size and weight of any vessel will be 15 tons and 43 feet, whichever is the lower.
36. Our responsibility is to maintain the marina, to include annual visual checks of the infrastructure and anchors holding the marina in place.
37. The marina has safety ladders to allow safe exit from the water – however we cannot take liability for any falls into the water that result in harm and ask that you take care as surfaces can be slippery when wet. The ladders are being replaced in 2022 so will be unavailable for a period of time.
38. You are required to wear a life jacket at all times whilst on the pontoon.
39. Any vessel that has not paid a fee is not authorised to use the marina and may be removed without notice. Please remember that Common Na Mara is a charity and all we ask is that you pay your fees on time and to the correct amount.
40. For the benefit of all boat users – all boats and the surrounding pontoon are expected to be kept clean and clutter free.
41. You and your crew agree to use these facilities at your own risk.
42. Theft, flagrant abuse, wilful damage to the marina, its equipment or that of any customers, may lead to you, your vessel and / or your organisation receiving a permanent ban from the marina, without any refund of fees paid. The same applies to the refusal to pay fees.
43. Calls may be recorded for training and monitoring purposes.
44. Unpaid debts will be passed to a third party for debt collection purposes.
45. By making a booking and / or using the marina it’s clear you accept these terms and conditions listed above.