Terms & Conditions

General Conditions

Definitions

In these general conditions:

“BML” refers to Boroughbridge Marina Limited, its employees and agents to whom these General Conditions apply.

“the marina” shall include the marina, mooring and all other facilities provided by BML for launching, navigating, mooring, berthing and storage of vessels, vehicles and property and all the land, adjacent water and buildings occupied or under control of BML, including boat yard, boat shed, car park, docks, jetties, hard-standing and roadways.

“the office” means the Marina Office on site at the Marina.

“the owner” means the owner of a Vessel or Vessels using the facilities of the Marina. Where the Owner is more than one person, all obligations of the Owner under these General Conditions shall be joint and several.

“Vessel” means the Vessel or Vessels, including but not limited to boats, caravans, trailers and cars, belonging to the Owner using the facilities of the Marina.

“Length Overall (LOA)” means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.

“Berth” means the space on water or land from time to time allocated to the Owner by BML for the Vessel for the duration of the contract.

1. The Contract

• 1.1 Berths at the Marina shall be licensed for the periods and at the rates of charge from time to time published by British Waterways and in force at the commencement of this contract. Details of these charges applicable to the Berth at the beginning of the contract will be given to each licensee at the time that the contract is granted.

• 1.2 The contract shall not be automatically renewed but will end at the conclusion of the period agreed if not terminated sooner by BML or by the owner under the provisions of clause 8.

2. Liability, Indemnity and Insurance Obligations

• 2.1 BML shall not be liable whether in contract, tort or otherwise, for any loss, theft or any damage of whatsoever nature suffered by any Vessel or vehicle or other property of the Owner, his crew, contractors or visitors, except to the extent that such loss, theft or damage was caused by the negligence of BML.
  
  
• 2.2 Notwithstanding clause 2.1 above, BML shall not be liable for any indirect or consequential loss or damage.
  
  
• 2.3 The Owner shall maintain third party insurance in respect of himself and his Vessel, vehicles, crew, agents, visitors and contractors in a sum of not less than £2,000,000 (two million pounds) in respect of each accident or incident, including sufficient cover against full foundering, salvage and wreck removal claims. Such insurance shall be effected and maintained by a reputable insurance company authorised under the Financial Services Authority (FSA) to carry on in Britain or in Northern Ireland, insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Community. The Owner shall produce a copy of the above policy or policies for the retention of BML. The Owner agrees not to do anything that could lead to the above policy or policies being revoked, vitiated or not renewed in the ordinary course.
  
  
• 2.4 BML shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it has been expressly engaged to do so by the owner on commercial terms. Similarly BML shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which BML is not responsible. However, BML reserves 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 it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis (and, where appropriate, to claim a salvage reward)

3. Commercial Use and Sale of Vessel

• 3.1 Except with the previous written consent of BML, the Owner shall not use any part of the Marina or Vessel for any commercial purposes including, but without limitation hire of the Vessel, embarkation of charter parties, rental accommodation or advertising of any kind. Please note that if BML does give its written consent for commercial use, such use will be subject to further terms and conditions and to the payment of additional fees, over and above those referred to in these General Conditions. For the avoidance of doubt, the occasional use of the Vessel by a friend of the Owner on payment to the Owner of a contribution towards the actual running costs of the Vessel shall not be deemed a commercial purpose.
  
  
• 3.2 Upon request, the owner shall supply to BML, full details in writing of all such use of the Vessel by friends in accordance with Clause 3.1 above.
• 3.3 The Owner shall not offer any Vessel for private sale whilst it is in the Marina. In the event that BML consents to the Vessel being offered for sale whilst in the Marina, the Owner must use BML’s brokerage service with Acaster Boat Sales to effect the sale of the Vessel.

4. Notification of Sale

• 4.1 Details of any sale, transfer or mortgage of any Vessel must be notified to BML in writing within seven days unless effected through BML. The information required by BML will be the name and address of the purchaser, transferee or mortgagee.
  
• 4.2 The berth is not transferable to the new Owner without permission from BML and payment of brokerage fees where applicable.

5. Condition of the Vessel

• 5.1 The Owner shall ensure that the Vessel remains in a seaworthy condition at all times whilst it is in the Marina.
  
  
• 5.2 All Vessels must be kept clean and in reasonable repair at all times. Should a Vessel be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and temporary covers are allowed as a temporary cover only.
  
  
• 5.3 Vessels berthed at the Marina must be in possession of the requisite valid Boat Safety Certificate and British Waterways craft licence which shall at all times be displayed on the Vessel. Any Vessel registered on the Small Ships Register must display its SSR number at all times.
  
  
• 5.4 In addition to the requirements set out in Clause 5.1, the Owner shall ensure that the Vessel remains in aesthetically - pleasing condition whilst it is at the Marina. For the avoidance of doubt, BML shall be the sole judge of what is considered “aesthetically-pleasing” by having reference to the condition of the majority of the Vessels moored at the Marina.

6. Work to Vessel

• 6.1 Minor running repairs or minor maintenance works of a routine nature, including but not limited to light sanding, staining, minor painting etc which does not cause noise, disturbance, disruption or pollution to the Marina or other Marina users may be carried out to your Vessel without BML’s permission. Extensive external sanding, angle grinding, welding, internal refit, spray-painting etc are considered major works and cannot be carried out within the Marina unless with BML’s prior written or verbal consent. Maintenance may only be carried out between the hours of 09.00 and 20.00 hours. When carrying out work, all BML facilities, bollards, pontoons, service points etc must be suitably protected, kept clean and tidy at all times, and appropriate Health and Safety issues adhered to. We reserve the right to charge you for the full cost of any remedial works required as a result of your work.
  
  
• 6.2 Prior written or verbal consent for work to be carried out at the Marina shall not, without good cause, be withheld where the work is to be carried out in strict accordance with the Guidance for Work in Dry Docks and where:
  
  
  • 6.2.1 the work to be carried out is work for which BML would normally employ a specialist sub-contractor; or
    
    
  • 6.2.2 BML is satisfied that the whole of the work is remedial and not servicing and is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of her equipment to which the warranty relates; or
    
    
  • 6.2.3 BML has set aside an area of the Marina where the Owner may carry out work on the Vessel and the work for which consent is sought is restricted to that area.
    
    
• 6.3 The Owner must ensure that suitable risk assessments, method statements and a copy of the contractor’s third party liability insurance policy in the sum of £2,000,000 accompanied the request for consent referred to in clause 6.1 above. For the avoidance of doubt, BML reserves the right to refuse its prior permission for the work once it has had an opportunity to consider the risk assessments and method statements of the contractor.
  
  
• 6.4 If the Owner is using contractors to carry out any work, the Owner must ensure that the contractors register with BML upon their arrival and pay any necessary registration fees. Details are available upon request.
  
  
• 6.5 BML reserves its right to insist that contractors working on the Vessel on behalf of the Owner leave the Marina if either the Owner or the contractor has failed to comply with this clause 6.
  
  
• 6.6 BML also reserves its right to withdraw its consent if any work is carried out in contravention of the Guidance for Work in Dry Docks and or in contravention with relevant Health and Safety legislation or approved codes of practice.
  
  
• 6.7 In carrying out any work the Owner shall not cause any nuisance and agrees to use his best endeavours to ensure that his contractor does not cause and nuisance to BML and/or to other users of the Marina and/or to any person residing in the vicinity of the Marina. If BML receives any complaints regarding the work from any person using the Marina and/or from any person residing in the vicinity of the Marina, BML reserves the right to either request a review of the method statement of the contractor so as to minimise or remove the nuisance or to withdraw its consent for work.
  
  
• 6.8 In the event of that BML withdraws its consent for the work for any reason set out in this clause 6, the Owner shall immediately, (save to the extent that the consent may further be extended in accordance with clause 6.7), instruct the contractor to leave the Marina forthwith and the Owner shall immediately commence restoring the area in which the work was being carried out, into the condition it was prior to the commencement of the work, including undertaking and remediation work that BML decide is required, and shall be complete same within a reasonable time from commencement of the work.
  
  
• 6.9 Prior to changing or modifying a Vessel, the Owner must receive written or verbal permission from BML in order for the Vessel to remain at the Marina. This permission will not unreasonably be withheld.

7. Fees

• 7.1 Mooring fees are calculated on the Length Overall (LOA) of the Vessel as measured, including bowsprit or stem fittings, bathing platforms, out-drives or transom hung ladders and stern mounted dinghies. There is a minimum charge of 6.0 metres.
  
  
• 7.2 All mooring fees are payable in advance. Instalment payments can only be made on 12 month contracts. One off payments are due no later than the start of the contract period. All fees are inclusive of VAT at 15%. Fees will be adjusted to reflect any VAT changes. Mooring fees are subject to an annual review and notice of any changes to the fees will be deemed to have been sufficiently given by BML by the display of the amended mooring fees in the Office.
  
  
• 7.3 All contracts start on 1st day of Month of Vessel arrival on site.
  
  
• 7.4 Charge of scaling of contracts invoices for durations of less than 12 months are displayed in the Office.
  
  
• 7.5 If the Owner wants a Vessel to occupy more than one Berth, the Owner will be charged accordingly for the number of Berths occupied.
  
  
• 7.6 All mooring fees are inclusive of berthing fees, potable water and access to all the Marina facilities.
  
  
• 7.7 Electrical supply is available at an extra charge, subject to a maximum load of 16 amps.
  
  
• 7.8 Security access keys may be purchased from the Office for long-term use. BML will buy back any security access keys that are returned undamaged at the price the Owner paid for the security access keys. BML reserve the right to offer a reduced amount or refuse to buy back the security access keys depending on the condition of the security access keys at the time of re-sale to BML. Visitors must leave a deposit at the Office before collecting a key for short-term use. This deposit will only be returned to the visitor if the key is returned undamaged. For the avoidance of doubt, a key will be adjudged to be undamaged if it is capable of being used for the purpose of which it is designed.
  
  
• 7.9 Full details of all BML charges in respect of this clause 7 may be found at the Office and are incorporated in to these General Conditions by reference. BML reserves the right to alter these charges from time to time.
  
  
• 7.10 Any payments may be made by cheque, credit/debit card, cash or bank transfer. Please note that BML is unable to accept American Express Cards.
  
  
• 7.11 BML reserves the right to exercise a general lien upon any Vessel and/or other property belonging to the Owner whilst in or at the Marina until such time as any money due to BML in respect of the Vessel and/or other property, whether on account of rental, storage, commission, access or berthing charges, work done, administration charges, legal costs or otherwise shall be paid by the Owner. In the event that the aforementioned lien remains unsatisfied for the specific period of time notified in writing to the Owner by BML, the Vessel will be sold onb brokerage and the proceeds of the sale used to satisfy the monies owed by the Owner to BML. Any remaining monies after this will be remitted to the Owner.
  
  
• 7.12 Payments made under these General Conditions shall be made without deductions. The Owner shall punctually pay to BML all sums owing to BML under these General Conditions. An administration charge in the sum of £20 plus VAT where applicable per letter shall be levied against the Owner in the event that it becomes necessary for BML or BML’s appointed legal advisors to write to the Owner to seek payment of any overdue payment or to advise of BML’s intention to commence legal proceedings against the Owner. For the avoidance of doubt, the Owner accepts that any administration charge levied against him by BML in the circumstances set out in this clause represents a genuine pre-estimation of loss on the part of BML. In addition to the administration charge the Owner will be liable for the payment of interest at the rate of the current Bank Of England Base Rate plus 8% on any sum owing to BML from the date of the third letter that BML or BML’s appointed legal advisors are obliged to write to the Owner seeking payment of a debt until the payment of the debt by the Owner.
  
  
• 7.13 BML will only make refunds of payments made under these General Conditions in the circumstances specifically provided for under these General Conditions and for no other reason  whatsoever.
  
  
• 7.14 BML must be in receipt of full settlement for the previous contract before a new contract will be issued.

8. Termination

• 8.1 Either the Owner or BML may terminate a contract by giving 28 days notice in writing.
  
  
• 8.2 Without prejudice to any other rights BML may have in respect of any breaches of the General Conditions by the Owner, BML may terminate the contract forthwith in the following circumstances:
  
  
  • 8.2.1 if the owner commits a breach of any term of the General Conditions which is capable of remedy but not cured within the time stipulated by BML in a written notice to the Owner specifying the breach and requiring its remedy; or
    
    
  • 8.2.2 if the owner commits a breach of any term of the General Conditions which is not capable of remedy.
    
    
• 8.3 Upon termination by BML pursuant to Clause 8.1 above, BML shall refund to the Owner the unexpired portion of the mooring fees subject to a right to set-off in respect of any monies owed by the Owner to BML.
  
  
• 8.4 Upon expiry of the 28 days referred to in Clause 8.1 or upon BML terminating this agreement pursuant to Clause 8.2, the Owner shall be required to take delivery of his Vessel and remove it from the Marina within 7 days. If the Owner fails to take delivery and remove his Vessel within this period, BML shall be entitled:
  
  

  • 8.4.1 to charge the Owner the amount which would have been payable by the Owner to BML if the agreement had not been terminated for the period between termination of the agreement and removal of the Vessel from the Marina; and/or
    
    
  • 8.4.2 to remove the Vessel from the Marina and secure it elsewhere and then charge the Owner with all costs arising out of such removal, including alternative berthing fees; and/or
    
    
  • 8.4.3 to sell the Vessel by auction and deduct from the sale proceeds

    (1) all costs arising out of such sale, including but not limited to, removal costs, alternative berthing fees, auction fees, administration fees and legal costs; and

    (2) arrears of mooring fees, accrued interest and any other charges made pursuant to clause 8.4.1 provided that BML will account to the Owner thereafter in respect of any net sale proceeds

• 8.5 Upon termination by the Owner, only 12 month contracts are eligible for refunds. The scaling of refunds for 12 month contracts are scaled as follows:
  
  

  Months Remaining		%age Refund
  One		0
  Two		0
  Three		10
  Four		20
  Five		30
  Six		40
  Seven		50
  Eight		60
  Nine		70
  Ten		80
  Eleven		90

  
  
• 8.6 The amount to be refunded fits with the complete number of months remaining e.g. if a customer provides notice on 14th March, the refund is calculated on complete months from 1st May.

9.  Launching of Vessels Stored Ashore

• Subject to availability, both in terms of time and space, BML will launch or put afloat any Vessel stored ashore at the request of the Owner upon the Owner signing the BML terms and conditions relevant to the launching, lifting or slipping of the Vessel and paying the appropriate fee as set out in the rates available from the Office.

10. Rights of BML to Reberth and Move Vessels

• 10.1 BML reserves the right to moor, reberth, move, board, enter or carry out emergency work on any Vessel if, in BML’s opinion it is necessary to do so for the purposes of trying to:
  • 10.1.1 avoid damage to the Vessel or to other Vessel in the Marina; and/or
  • 10.1.2 ensure the safety of other users of the Marina; and/or
  • 10.1.3 ensure the safety of BML’s staff, premises, plant or equipment.
    
    
• 10.2 BML also reserves the right to moor, reberth or move the Vessel if, in BML’s opinion it is necessary to do so in order to launch or put afloat another Vessel.
  
  
• 10.3 BML also reserves the right to moor, reberth or move the Vessel, and/or move any equipment and/or goods belonging to the owner, if, in BML’s opinion, it is necessary for the good management, safety or security of the Marina.

11. Mooring, Reberthing, Moving or Towing at the Owner’s Request

• 11.1 Subject to payment by the Owner of BML’s reasonable charges (where appropriate); BML will moor, reberth, move or tow any Vessel at the request of the Owner. BML will not be liable for any damage to the Vessel arising as a result of the mooring, reberthing, moving or towingsave where such damage is caused by any negligence or default on the part of BML.
  
• 11.2 Where BML complies with an Owner’s request pursuant to Clause 11.1 above, the Owner agrees to indemnify BML in full form and against any and all loss, damage or liability (including all legal fees and costs) incurred by BML as a result of complying with such request.

12. BML’s Right of Sale

• 12.1 Any Vessel or other property left at the Marina in breach of the terms of this Agreement will be subject to the provisions of the Torts (Interference with Goods) Act 1977 (“the Act”), which confers on BML as a bailee a right of sale exercisable  in certain circumstances.
  
  
• 12.2 In circumstances where the Act does not apply or where BML cannot be regarded as a bailee of the Vessel, section 12 and Schedule 1 of the Act are expressly incorporated into these General Conditions except that where the term ‘bailee’ appears in the relevant provisions of the Act it is to be replaced with ‘BML’ and where the term ‘bailor’ appears it is to be replaced with ‘General Conditions.
  
  
• 12.3 BML will not exercise the right of sale described in this clause 12 until it has given notice to the Owner or has taken reasonable steps to trace him in accordance with the Act

13. Non-Assignability

• This agreement is personal to the Owner and his Vessel. The Owner must not assign any of his rights or obligations under this agreement to any third party or to any vessel no named in the BML Contract signed by the Owner.

   

14. Non-Exclusivity of Berths

• 14.1 Nothing in these General Provisions shall entitle the Owner to the exclusive use of a particular berth. Vessels shall be berthed or moored by the Owner in such a manner and position as BML shall direct.
  
  
• 14.2 Once BML has allocated a berth to the Owner, the Owner shall not utilise a different berth unless such a change of location is approved by BML in writing prior to the Owner taking such action or is necessitated by emergency circumstances.
  
  
• 14.3 Unless otherwise agreed in writing by BML, all necessary warps and fenders shall be provided by the Owner. BML reserves the right to replace warps and re-secure any Vessel in the interests of the safety at the Owner’s expense.

15. Safe Navigation of Vessels in the Marina.

• 15.1 When entering or leaving or manoeuvring in the Marina, the Owner must ensure that the Vessel is not navigated at such a speed or in such a manner as to endanger or inconvenience other vessels.
  
  
• 15.2 The Owner must ensure that his Vessel is not navigated by anyone who is under the influence of alcohol or drugs.

16. Prohibition of Nuisances

• 16.1 No noisy or objectionable engines, radios or other apparatus or machinery shall be operated at the Marina so as to cause a nuisance or annoyance to BML or to any other users of the Marina or to any person residing in the vicinity.
  
  
• 16.2 Engines, generators or other apparatus or machinery must not be operated between the hours of 20.00 and 09.00
  
  
  16.3 Halyards shall be secured so as not to cause nuisance or annoyance.
  
  
• 16.4 No anti-social behaviour or abuse, verbal or physical shall be tolerated towards customers or staff at the Marina. Immediate termination of contract will occur and criminal prosecution may be considered.
  
  
• 16.5 The Owner shall use his best endeavours to ensure that himself, his crew, contractors and visitors do not cause a nuisance as described in clause 16.1, 16.2 and 16.3.

• 17.1 No refuse shall be thrown overboard or left on the pontoons, jetties or car parks. Any domestic waste shall be disposed of in the receptacles provided by BML or by removal from the Marina by the Owner. Non domestic waste must be removed from the Marina by the Owner.
  
  
• 17.2 The use of sea toilets is strictly prohibited at the Marina unless discharged only in to a holding tank. Any customer whose vessel is found to be using such a facility will have his contract terminated as per Clause 8.2.1 and 8.2.2.

• The Owner should immediately inform BML of any spillage of oil, paint or any other pollutant into the marina. The Owner should also take such steps as are reasonably practicable in the circumstances to minimise the spread of the pollutant and warn other users of the Marina of the problem. Cost associated with any clean up operation may be charged to the Owner.

   

• Dinghies, tenders and rafts shall be stowed aboard the Vessel unless a berth is separately allocated to them by BML.

• 20.1 No fittings, equipment, supplies, stores or any other property belonging to the Owner shall be stored or left at the Marina other than as directed by BML.
  
  
• 20.2 Except whilst transporting items to or from the Vessel, the Owner must not leave or store any items on the pontoons, pathways, walkways, car parks or anywhere else in the Marina. No ropes, cables, hoses, wires etc must be trailed across paths or pontoons.

21 Vehicle Parking

• Subject always to the availability of parking spaces, the Owner, his crew, contractors and visitors are required to park their validly taxed motor vehicles in such a position and such a manner as directed by BML

22. Health and Safety and Fire Precautions

• 22.1 The Owner shall abide by all relevant Health and Safety regulations, codes of practice and any Health and Safety guidelines issued by BML whilst using the Marina.
  
  
• 22.2 The Owner shall take all necessary precautions against the outbreak of fire in or upon his Vessel and the Owner shall observe the statutory and local regulations relating to fire prevention. The Owner shall provide and maintain in good working order at least one fire extinguisher of an EU government approved or BSI standard type and size, in or on the Vessel and readily available for immediate use in case of fire.
  
  
• 22.3 The Owner shall not refuel the Vessel in the water whilst within the Marina confines.
  
  
• 22.4 The lighting of open fires or use of fireworks is strictly prohibited. Barbeques or portable gas cookers may be used when placed on a suitable stand and only in designated areas. All barbeques and cookers must not be left unattended and must be properly extinguished. The area around the equipment must be left in a clean and tidy condition.
  
  
• 22.5 Children invited to the Marina by the Owner are the sole responsibility of the Owner and must remain under the Owner supervision at all times, as the Marina may be potentially dangerous to them. They must not be allowed to cause a nuisance to any other user of the Marina or be allowed to play on or with any items or machinery left in the Marina.
  
  
• 22.6 Running/cycling on the pontoons is not permitted.
  
  
• 22.7 When connecting to a designated electrical outlet bollard, BML approved leads and plugs must be used. These must be maintained in accordance with the relevant regulations and standards. The Owner is not permitted to alter the berth of facilities in any way.
  
  
• 22.8 Refunds will not be issued for unexpired credit left in service bollards at any time.
  
  
• 22.9 The Owner must provide BML with a current address and contact details and telephone numbers so that the Owner can be contacted in an emergency.

23. Diving, Bathing or Fishing

• 23.1 Diving, Bathing or fishing in the waters of the Marina is not permitted.
  
  
• 23.2 Children under the age of 12 must wear adequate life jackets and be attended by a responsible adult at all times whilst at the Marina.
  
  
• 23.3 Any person on site unable to swim is advised to wear adequate life jackets at all times whilst at the Marina.

24. Washing

• Laundry may not be hung from Vessels.

• Every effort will be made by the Owner to ensure that television aerials, satellite dishes and wind generators are erected in a manner that makes them as inconspicuous as their design allows for whilst in the marina. These should only be mounted on the respective Vessel and not attached in any way to the Marina pontoons on installations at any time.

• 26.1 BML reserves the right to amend these General Conditions and/or introduce other specific rules and regulations, which are necessary for the efficient running of the Marina. Such amendments and rules and regulations shall become effective on being displayed in the window of the Office or in any other prominent place at the Marina.
  
  
• 26.2 Any such rules and regulations introduced pursuant to this clause 26 shall be deemed to form part of these General Conditions and BML shall have the same rights against the Owner for a breach of these rules and regulations as for a breach of these General Conditions.
  
  
• 26.3 The Owner shall at all times abide by, and shall use his best endeavours to ensure that his crew, contractors and visitors abide by any applicable British Waterways’, Environment Agency and any other local authority bye-laws. Any failure to comply is a criminal offence and may result in a fine of up to £100.
  
  
• 26.4 The Owner further undertakes to abide by any reasonable instructions issued by BML.

27. Occupation of Vessels

• 27.1 The Owner shall not live permanently on board the Vessel nor shall encourage or permit anyone else to do so without the prior permission of BML.
  
  
• 27.2 If the Owner is given permission in accordance with clause 27.1, the Owner must immediately notify BML of the date upon he wished to commence his stay on the Vessel and the date upon which he ceases to occupy the Vessel in the manner prescribed by that permission.
  
  
• 27.3 The Owner must not occupy overnight the Vessel when it is stored ashore.

28. Temporary Failure of Services and Facilities

• Without Prejudice to the generality of clause 31.4, BML will not be liable to the Owner in the event of a temporary failure of any of the facilities and/or services at the Marina due to a reason not within BML’s control, but agrees to use its reasonable endeavours to ensure that the affected services and/or facilities are repaired as soon as reasonably possible.

• 29.1 The Owner may not keep any animals on board the Vessel whilst it is in the Marina, other than domesticated animals that have been notified to BML as well as being present on the board and approved as suitable to be in the Marina by BML. The animals approved by BML as suitable for the Marina must at all times remain on a lead and under the proper control of the Owner whilst they are at the Marina and must be never allowed to cause a nuisance to any other users of the Marina. BML reserves the right to ask the owner to remove any offending animals from the Marina forthwith if these Rules are consistently breached by the Owner.
  
  
• 29.2 Upon the arrival of a Vessel at the Marina from any country outside the United Kingdom, the Owner must immediately inform the Marina Manager and the Port Health Authority of the existence of any animal on board. If the animal concerned is not a member of the Pet Travel Scheme, it will need to be placed in quarantine for such a period as is required in accordance with current legislation concerning the avoidance of rabies.
  
  
• 29.3 Until such time as it has been established whether the animal in question should be placed in quarantine, the Owner must ensure that it is kept securely confined below decks so that it cannot escape ashore.

• 30.1 In these general Conditions, unless the context otherwise requires, words importing any gender include every gender and words importing the singular number include the plural and vice versa.
  
  
• 30.2 The headings in these General Conditions are for convenience only and shall not affect its interpretation.
  
  
• 30.3 Unless otherwise agreed in writing, BML’s failure to exercise or delay in exercising any right or remedy provided by these General Conditions does not constitute a waiver of that right or remedy or waiver of any rights or remedies under these General Conditions.
  
  
• 30.4 BML shall not be liable for any failure or delay in performing any of its obligations under these General Conditions caused by circumstances beyond its control.
  
  
• 30.5 If any part of these General Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the validity and enforceability of the remainder of these General Conditions shall not be affected.
  
  
• 30.6 These General Conditions, the schedule and any specific rules and regulations introduced by BML in accordance with clause 26 above constitute the entire agreement and understanding between BML and the Owner with respect to all matters referred to within it and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in these General Conditions.
  
  
• 30.7 No person other than a contracting party may enforce any provision of these General Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
  
  
• 30.8 Any notice given or invoice to be delivered in accordance with these General Conditions shall be delivered by hand or sent by first class post. Any notification or invoice delivered by first class post shall be deemed to have been received 48 hours after it has been posted.
  
  
• 30.9 These General Conditions shall be governed and construed in accordance with the laws of England.