CAERNARFON HARBOUR TRUST
(Managers on behalf of Gwynedd Council)
OF BERTHING, MOORING AND STORAGE ASHORE
1. The Caernarfon Harbour Trust is governed by general legislation, its own statutes and byelaws. If there is any conflict between these conditions and the statutes and byelaws the said statutes and byelaws shall take precedence.
2. In these conditions, the ‘Trust’ shall mean the Caernarfon Harbour Trust and/or its agents and servants. The expression “Harbour” shall include all that area of water and foreshore extending from the Britannia Bridge to an imaginary line drawn from Afon Hen, Clynnog to Aberffraw and including all land at Caernarfon and elsewhere that is subject to the jurisdiction of the Trust. The expression “Owner” shall include a Charterer, Master, or Agent or other person for the time being lawfully in charge (other than the Trust) of a vessel or vehicle. The expression “Licence” shall mean any licence granted to the owner to berth or moor any vessel within the harbour pursuant to these conditions.
3. (a) All vessels and vehicles in or on the Harbour may be moved by the Trust to any other part of the harbour.
(b) The Trust and Gwynedd Council shall not be liable whether in contract, tort or otherwise, for any loss, theft, or any damage of whatsoever nature caused to any vessel or vehicle or other property of the Owner or others claiming through the Owner except to the extent that such loss, theft, or damage may be caused by the negligence or wilful act of the Trust or Gwynedd Council or those for whom the Trust is responsible.
(c) The Owner shall indemnify the Trust and Gwynedd Council against all loss, damage, costs, claims or proceedings incurred, or instituted against the Trust or its servants or agents or Gwynedd Council which may be caused by the Owner’s vessel or vehicle or by the Owner, his servants, agents, crew, guests or subcontractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of the Trust or Gwynedd Council or those for whom the Trust is responsible.
(d) The Owner shall maintain third party insurance in respect of himself and each of his vehicles or vessels, his crew for the time being, and his agents, visitors, guests and subcontractors in a sum of not less than £1,000,000 in respect of each accident or damage and in respect of each vessel adequate salvage insurance. Such insurance shall be effected and maintained in an insurance office of repute and the Owner shall produce the policy or policies relating thereto to the Trust on demand.
(e) Except with the written consent of the Trust, which may be withheld at the Trust’s sole discretion, no part of the harbour or any vessel or vehicle shall be used by the Owner for any commercial purpose, including hiring, embarkation or disembarkation of charter parties, sale or demonstration for sale or hire of the vessel, provided that the occasional use of the vessel by a personal friend of the Owner on payment to the Owner of a contribution towards the actual running costs of the said vessel shall not be deemed to be a commercial purpose hereunder. The Owner shall upon request by the Trust supply to the Trust full details in writing of all such use under the proviso of this condition.
4. The Owner shall be entitled to arrange a private sale of not more than one vessel during any one or more periods of 12 consecutive months of any licence to berth, moor or store a vessel granted to the Owner. In the event of such a private sale the Owner shall be present at all times during which the vessel is to be viewed, and he shall not be permitted to display a “for Sale” notice on his vessel whilst in the harbour without the express consent of the Trust.
5. Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a licence granted to the Owner by the Trust subject to these conditions the Owner shall notify the Trust of the name and address of the purchaser, transferee or mortgagee as the case may be.
6. No work shall be done to the vessel whilst in the Harbour (unless with the written consent of the Trust which may be withheld at the Trust’s sole discretion) other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew, or members of his family, and shall not cause any nuisance or annoyance to any other user of the Harbour or any person residing in the vicinity.
7. The Trust has the right to exercise a general lien upon any vessel and/or other property of the vessel’s Owner whilst in the Harbour until such time as any money due to the Trust in respect of the vessel and/or other such property whether on account of rental, storage, commission, access or berthing charges, work done or otherwise shall be paid.
8. (a) The Trust shall have the right (without prejudice to any other rights in respect of breaches of these conditions by the Owner) to terminate any licence granted to the Owner in the following manner in the event of any breach by the Owner of these conditions statutes or byelaws or of any failure by the Owner to make any payment due to the Trust. If the breach is capable of remedy or the Owner has failed to make any such payment the Trust may serve notice on the Owner personally or by sending it by recorded delivery to him at his last known address specifying the breach or the failure to pay and requiring him to remedy the breach or pay the amount due within 14 days. If the Owner fails to remedy such breach or pay the amount within 14 days, or if the breach is not capable of remedy, the Trust may serve notice on the Owner personally or by sending it by recorded delivery to his last known address specifying the breach or failure to pay (when not already specified) and requiring him to remove the vessel within 28 days, at the expiration of which the Owner shall remove the vessel and any other property of his from the Harbour. The Trust shall refund the Owner the unexpired portion of any rental payment subject to the right of set-off in respect of any damage suffered by it and/or other monies owing as a result of the matters giving the Trust the right to terminate the licence.
(b) When no date of termination for a licence has been agreed in writing between the parties the Trust or the Owner may terminate the licence granted to the Owner by giving the other 28 days notice of such termination, at the expiration of which the owner shall remove the vessel from the Harbour.
(c) Any obligation of the Trust towards vessels or goods left in the Harbour ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such vessels or goods and the Trust accepts no responsibility for loss or damage to any vessels or goods left in the Harbour without its consent save in so far as such loss or damage is caused by the negligence of the Trust or those for whom the Trust is responsible.
(d) If the Owner fails to remove a vessel on termination of the licence (whether under this rule or otherwise) the Trust shall be entitled:
(i) To charge the Owner with rental which would have been payable by the Owner to the Trust if the licence had not been terminated for the period between the termination of the licence and removal of the vessel from its harbour and premises and/or
(ii) At the Owner’s expense (save in respect of loss or damage caused by the Trust’s negligence during such removal) to remove the vessel from the Harbour and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.
(e) Should the Trust be unaware of the identity or address of the Owner of any vessel or vehicle then any notice to be served on the Owner shall be deemed to have been adequately served by attaching such notice in a prominent position on the vessel or vehicle and the Owner shall be deemed to have been served with such notice 7 days after the attaching of the said notice.
9. The Trust shall have the right to moor, reberth, move, board, enter or carry out any emergency work on the vessel, if in the Trust’s opinion such be necessary for the safety of the vessel or the safety and/or convenience of other users of the harbour or for the safety of the Trust’s or Gwynedd Council’s premises, plant and equipment and the Owner shall pay to the Trust reasonable charges for such work.
10. Any vessel or other goods left in the Harbour are subject to the provision of the Torts (Interference with Goods) Act 1977, which confers on the Trust as bailee a right of sale exercisable in certain circumstances. Such sale will not take place until the Trust has given notice to the Owner or has taken reasonable steps to trace him in accordance with the Act. A similar right of sale shall also arise when any vessel or other goods of which the Trust if not a bailee are left in the Harbour.
11. All licences granted for the berthing, mooring and storage of vessels shall be personal to the Owner, shall relate to a particular vessel, shall not be capable of being assigned and the Owner shall therefore not lend or transfer his licence without the prior consent of the Trust.
12. Vessels shall be moored by the Owner in such a manner and position as the Trust may require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner. The Owner shall be responsible for ensuring that all such warps and fenders are adequate and are placed and maintained and adjusted as necessary.
13. (a) Berths may be licenced for the periods published by the Trust from time to time. Berthing fees will be calculated by reference to the Trust’s published charges from time to time. In the event of any increase or reduction in the rate of VAT, the Trust shall have the right to adjust the fees accordingly. At the sole discretion of the Trust rebates of fees may be made available to Owners whose vessels are absent from their berths or moorings for long periods.
(b) Nothing in any licence shall entitle the Owner to the exclusive use of a particular berth. If at any time during the period of any licence the berth previously allocated by the Trust to the Owner shall not be used by the Owner for mooring the Owner’s vessel then the Trust shall be entitled to all income (if any) arising. Upon the Owner returning his vessel to the Harbour, the Trust shall use all reasonable endeavours as soon as practicable to make such berth or an alternative berth available to the Owner. The Owner shall use all reasonable endeavours to give the Trust not less than 24 hours previous notice of the Owners intention to return his vessel to the harbour.
14. All persons using any part of the Harbour or the Trust’s facilities or Gwynedd Council’s facilities for whatever purpose and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained within the Harbour or the Trust’s facilities or Gwynedd Council’s facilities was caused by or resulted from the Trust’s or the Gwynedd Council’s negligence or deliberate act or that of those for whom the Trust is responsible.
15. No vessel when entering, 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 in the Harbour. Vessels are at all times subject to the speed restrictions and byelaws of the Trust.
16. No noisy, noxious or objectionable engines, radio or other apparatus or machinery shall be operated within the Harbour so as to cause any nuisance or annoyance to the Trust, to any other users of the Harbour or to any person residing in the vicinity. The Owner undertakes for himself, his guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid. Halyards shall be secured so as not to cause such nuisance or annoyance.
17. No refuse or noxious substances or sewage shall be discharged or thrown overboard or left in any part of the Harbour or car parks or on the pontoons or jetties, or disposed of in any way other than in the receptacles provided by the Trust or local authority, or by removal from the Harbour.
18. Dinghies, tenders and rafts shall be stowed aboard the vessel unless a berth or storage facilities are separately provided by the Trust.
19. Owners and their crew are required to park their motor vehicles in such position and in such manner as shall from time to time be directed by the Trust.
20. No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the top of Harbour walls or upon the pontoons or jetties or car parks.
21. The Owner shall take all necessary precautions against the outbreak of fire upon his vessel and the Owner shall observe all statutory and local regulations relating to fire prevention (if any) which shall be exhibited at the offices of the Trust. The Owner shall provide and maintain at least one fire extinguisher of a governmentally approved or BSI standard type and size in or on the vessel fit for the immediate use in case of fire. Owners shall not refuel vessels in the Harbour otherwise than directed by the Trust.
22. The public have access to the marine foreshore and to the harbour at Caernarfon and the Trust is prohibited from fencing. Accordingly Owners should ensure that their boats, cars and other property are made secure against entry or theft and the Trust accepts no responsibility for the theft of any vessel, car or any equipment or chattels from any vessel or car.
23. The Trust provides moorings for seagoing craft only. The Owner accepts full responsibility for the seaworthy condition of the vessel and for any damage caused by the vessel and her fittings or equipment by persons using the same. A vessels name, or that of the Owner, together with its registered number shall be clearly exhibited in a prominent place on the said vessel.
24. The Trust does not provide quarantine berths in the Harbour and vessels with animals from abroad will be refused berthing facilities.
25. The Trust shall have the right by notice in writing to the Owner forthwith to terminate any licence if at any time the harbour shall be so damaged, impeded, or interfered with by force majeure ( as hereinafter defined ) as to render it likely that the Trust will be unable to continue to provide mooring or storage facilities in accordance with the licence entered into between the Trust and the Owner.
In this rule force majeure means any event or circumstances ( whether arising from natural causes, human agency or otherwise ) beyond the control of the Trust including (insofar as beyond such control but without limitation) weather conditions, riots, civil commotion, aircraft, fire, breakdown or war.
In the event of any such termination as aforesaid the Trust shall refund the Owner the unexpired portion of any licence fee paid by the Owner but excluding all harbour dues.
26. Should there be any dispute between the Owner and the Trust or should any claim rise from the presence of the Owner or any vessels belonging to him or any members of his crew or guests in the Harbour then the only court of competent jurisdiction shall be the Caernarfon County Court or the Caernarfon District Registry.
27. The Trust shall at all times operate through its Harbourmaster and such persons specifically authorised by him. No other person or persons shall have any authority to give any directions or in any way to represent the Trust.
28. All berths are subject to availability and all berthing fees are payable in advance.
29. All berthing fees include Caernarfon Harbour Trust Harbour Dues.
30. Berthing fees are calculated on L.O.A. (Length Overall) of vessel, including all overhangs such as pulpits, pushpits, diving platforms, davits, bumpkins and bowsprits. Minimum charge 6metres L.O.A.
31. Berths for Multihulls are subject to availability and may be subject to a surcharge.
32. No refunds or re-calculations will be entertained except in extenuating circumstances.
33. Electricity supply. Only leads supplied by the managers may be used. Once a lead has been supplied the Owner will be charged for all electricity supplied through the meter designated for his/her vessel until such a time as the lead has been returned. The Owner is responsible for ensuring that the metered supply designated to his/her vessel is safeguarded against use by any other vessels.
34. Swimming within the Dock is not allowed.
35. No fishing in the South West half of the Dock.
36. The Traffic Lights situated in the Dock entrance must be obeyed at all times. These consist of the following:
Three red lights vertically disposed – Vessels shall not proceed.
Two green lights over a white light, vertically disposed – Vessels may proceed. Two way traffic.
37. Dogs must be kept on a leash at all times whilst on the pontoons.
38. Owners of Dogs that foul anywhere at the Victoria Dock without cleaning up after their pets will be asked to vacate their berth.
38. Angling / Charter vessels are prohibited from boarding or landing fare paying passengers within the dock (unless permission is given by the Duty Dock Master).
39. Barbeques are not permitted on Vessels or Pontoons within the Victoria Dock and are now to be associated to Section 21 of these Terms and Conditions.