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Chief Executive
J S PARTRIDGE
Harbour Master
B J HETHERINGTON Harbour Office
4 Copperas Road
Brightlingsea
Essex
CO7 0AP
Tel No: 01206 302200
Fax No: 01206 308533
mail@brightlingseaharbour.org
TERMS AND CONDITIONS OF BUSINESS
The ‘Commissioners’ means the Brightlingsea Harbour
Commissioners their servants and agents. The Owner means any
person or organisation or company incorporated under the Companies
Act who contracts with the Commissioners for the hire use or
licence to occupy any mooring berth storage space property or
facilities or whose vessel enters Brightlingsea Harbour. In Clause
10 hereof the expression ‘The Owner’ shall be confined
to the person who actually owns the vessel its engine or gear
or other property which is the subject of the contract but elsewhere
in these terms and conditions it shall include a charter Master
or Authorised Agent. ‘Brightlingsea Harbour’ shall
mean the area defined by the Brightlingsea Harbour Order 1927
and any extensions to the same subsequently authorised namely
the limits within which the Commissioners shall have authority
and which the powers of the harbour master and the power to levy
rates may be exercised shall comprise so much of Brightlingsea
Creek in the County of Essex as situate within the area bounded
on the west by an imaginary straight line drawn from Martello
Tower Number 1 at St. Osyth Point to Bateman’s Tower at
West Marsh Point Brightlingsea and within the area coloured blue
on the map deposited at the offices of the Commissioners.
The Commissioners shall be under no obligation to provide mooring
facilities berthing facilities or storage facilities but in the
event they do so any such facilities whether granted in writing
or agreed in any other manner shall be provided only on the following
terms and conditions and no alteration or variation to the same
shall be binding on the Commissioners unless the Commissioners
agree to such variation in writing and no person, persons or
organisation shall take up such mooring facilities berthing or
storage facilities without entering into a prior agreement with
the Commissioners but in the event any person persons or organisation
shall do so he or they shall be deemed to do so with full knowledge
and acceptance of the terms and conditions herein set out.
All vessels entering Brightlingsea Harbour shall be liable to
pay the Harbour and Light dues set out in the enclosed schedule
and all such dues shall be recoverable from the Owner Charterer
or Master of such vessel or their Authorised Agent who shall
be bound by such charges and shall be deemed to have entered
Brightlingsea Harbour with full knowledge and in acceptance of
the terms conditions and charges set out herein and no variation
of the same shall be binding on the Commissioners unless they
accept such variation in writing.
In so far
as the provision of mooring berthing and storage facilities
is concerned except as expressly stated herein all warranties
conditions and representations expressed or implied statutory
or otherwise are (to the extent that they may in Law be executed)
hereby excluded and the Commissioners shall not be liable in
contract or otherwise for any loss damage expense or injury
arising out of or in connection with the use of the Commissioners’ mooring
berths storage space property or facilities for whatever purpose
provided always that the Commissioners shall accept
liability
in respect of death or injury arising out of the Commissioners’ negligence
such liability in respect of other loss or damage arising out
of the Commissioners’
negligence or breach of contract as may in the circumstances
be unreasonable to exclude.
(i) So far as the powers conferred upon the Commissioners by
S.26 Harbours Act 1964 and the provision of navigational facilities
set out in sub paragraph (ii) hereof are concerned the Commissioners
shall not be liable for any loss damage or injury to any person
vessel or cargo whatsoever whether in tort or contract unless
it shall be proved that such loss damage or injury was caused
by any wilful act or neglect on the part of the Commissioners
their servants or agents and in any event the Commissioners shall
be entitled so far as the same is permitted by law to limit their
liability in respect of such loss damage or injury.
The navigation aids owned by the Commissioners are the lit Cardinal
Marker Buoy, the lit Port Hand Can Buoys, the lit Starboard Hand
Buoys, the North Cardinal lit Beacon, and such leading lights
as are presently installed or such further additional or substituted
navigational aids as the Commissioners see fit to install or
substitute.
No condition warranty or representation is made either expressly
or shall be implied that the Commissioners shall provide any
navigational facilities insofar as the Commissioners are entitled
at law to exclude such warranties conditions or representations
but where such navigational facilities are provided by the Commissioners
they will (subject to Clause 5 hereof of these terms) use their
best endeavours to maintain the same. Owners and/or Cargo Owners
should therefore see that their vessels and/or property are adequately
insured against all risks.
Owners and/or Charterers and/or Cargo Owners must be adequately
insured against third party risks as they may be liable for damage
caused by their vessels, themselves or their crew whilst in or
about the harbour or on the moorings. Where vessels are moored
alongside each other the Owners are mutually responsible to each
other to properly make fast their vessels and not in any way
to damage or obstruct neighbouring vessels.
The Commissioners reserve the right to move or relocate any
vessel and/or gear at their discretion.
Repair or other work may be carried out on vessels in the harbour
but the Commissioners reserve the right to prevent the work being
carried out if they consider that the work is being carried out
in a dangerous manner or for any other reason it is undesirable
that it should proceed.
In all cases where a contract between the Commissioners and
the Owner may be terminated by notice the same shall be deemed
to be served if served personally or sent by registered post
or recorded delivery service to the last know address in the
United Kingdom of the Owner.
The attention
of Owners is drawn to the Commissioners’ Byelaws
which can be inspected at the Harbour Office. A proven breach
by an Owner or his Representative or an Associate of the Commissioners’ Byelaws
or those of Colchester Borough Council and Tendring District
Council for which the Commissioners have been given the responsibility
for enforcement will be considered grounds for the termination
of any contract between the Commissioners and the Owner.
The Commissioners’ fees
will be demanded by invoice or by the Harbour Master or his
staff. Where demanded by invoice the fees will be those ruling
at date of contract and payment is to be made within 30 days
from the date of invoice and where demanded by the Harbour
Master or his staff the fees will be those ruling at the date
of demand and payment is to be made on demand.
All invoices or demands not paid within 30 days as referred
to in Clause 12 shall bear interest at the maximum rate permitted
by Government legislation.
Subject to any agreement to the contrary the Commissioners shall
have a lien upon any vessel gear or cargo for the time being
at any of their moorings or in Brightlingsea Harbour or in their
possession for any sum due to them in respect of such vessel
cargo or gear.
Acceptance
by the Commissioners of vessels and their engines or gear for
mooring or storage is subject to the Torts (Interference with
Goods) Act 1977 which confers on the Commissioners as bailees
a right of sale exercisable in certain circumstances. Such
sale will not take place until the Commissioners have given
notice to the Owner or taken reasonable steps to do so in accordance
with the Act. For the purposes of the Act it is hereby recorded
that the Commissioners’ obligation as custodians of vessels
their engines or gear accepted for mooring or storage ends upon
the expiry or lawful termination of the contract between the
Commissioners and the Owner.
Provided that prior written notice is given to the Harbour Master,
where a mooring is vacated for the remainder of the season, the
Commissioners at their discretion may refund a pro rata amount
of the fees subject to a 25% administrative charge. Any changes
to mooring arrangements requested by an Owner during the period
of contract will be subject to an administration charge.
The Commissioners reserve the right to re-allocate a mooring
on a temporary basis when a boatowner is not in occupation.
The Commissioners do not guarantee sole occupancy of moorings
on the pontoon and/or piles.
19. The Commissioners’ staff
have a right to work without being subject to verbal or physical
abuse. Any such act by an Owner or his Representative or an
Associate will be considered grounds for the termination of
any contract between the Commissioners and the Owner.
Brightlingsea
Harbour Commissioners – Constituted in the
Brightlingsea Harbour Order 1927 by
Ministry of Transport 29th July 1927.
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