Terms & Conditions
Terms and conditions
Subject to express agreement to the contrary, all transactions written or verbal for facilities and services are accepted by Wells Harbour Commissioners (WHC) solely on the understanding that these terms and conditions apply to each and every transaction.
Directions of the Harbour Master shall be complied with.
Duration of the Agreement
All agreements for moorings commence on 1 January and expire on 31 December each year.
Insurance and indemnity
Boat owners must warrant that all vessels, moorings and equipment are properly insured at all times with a reputable insurance company to include effective third party cover of £1,000,000 for all liabilities.
All persons using any part of the Harbour, quays or harbour estate do so at their own risk, and shall indemnify WHC against any claims arising from their vessels or their use of the harbour. WHC and their officers accept no liability for loss, damage, injury or delay to persons, craft or effects arising from any cause whatsoever unless such loss, damage or delay was caused by or resulted from negligence or deliberate acts of harbour officers.
Payment of Dues
Disc receipts must be displayed on vessels. It is the responsibility of the boat owner to pay all monies due promptly on all vessels within the harbour and in any event within 28 days of a written demand for payment.
Subject to any agreement to the contrary, and without prejudice to their statutory powers, the Harbour Commissioners reserve the right to exercise a general lien upon any vessel and its equipment whilst in the harbour or the harbour estate, whether berthed at quays or afloat on moorings, until such time as any monies due from the owner in respect of such vessel whether on account of harbour dues, mooring charges or use of harbour facilities or otherwise shall be paid.
WHC reserves the right to move any vessel or equipment in the interests of safety and expediency. If emergency works are required to a vessel in the interests of public safety and navigation, and before the owner's consent can be obtained, WHC reserve the right to have the necessary works carried out and to charge the same to the owner. Notice of such works will be forwarded to the owner forthwith.
Notice to Terminate
If the boat owner fails to comply with these terms and conditions, WHC may terminate the agreement by sending written notice to the boat owner whereupon this agreement will terminate 14 days from the date of such notice.
In all cases where a contract for use of harbour facilities, equipment or services, or a licence to occupy harbour moorings, berths or storage space may be lawfully terminated by notice, the same shall be deemed to be lawfully served if served personally or sent by registered delivery to the last known address in the United Kingdom of the boat owner/licensee.
The boat owner may terminate the agreement by giving 14 days notice in writing to the Harbour Master. However, generally annual fees are for the year or part year therefore dues already paid may be retained by WHC.
No mooring may be transferred, assigned or sublet to another person without the express permission of the Harbour Master.
Where boat owners are not moored on WHC moorings, the boat owner shall only use mooring tackle of a type and specification approved by the Commissioners and in the position allocated. Thereafter the mooring shall be maintained in a proper manner.
Any change in ownership of vessels shall be notified to the Harbour Master.
Temporary vacation and abandonment of moorings
The master of any vessel which has been allocated a mooring position within the harbour shall:
In the event of a mooring being left vacant for a period exceeding three months during the period 1 April to 31 October in any year or in the event of the master of any vessel notifying the Harbour Master of his intention to permanently vacate his moorings, the Harbour Master may allocate the mooring space to the master of another vessel and (if the mooring, buoy or tackle have not been removed from the harbour) permit the master of the other vessel to use the said mooring, buoy or tackle for the purposes of mooring his vessel. The Harbour Master may otherwise remove the tackle and dispose of it as he sees fit.