Cloondavaun Marina

All use of the marina is subject to these Terms & Conditions:

1. In these Terms and Conditions, ‘the Company’ shall mean Cloondavaun Marina and/or its agents to whom the application for berthing is made. The ‘Owner’ shall be the Owner of the vessel, or any person whom we are informed is the Owner, or representative of the Owner or Owners.

2. The Company is not responsible for any vessel in or on the Company‘s harbour or premises. The responsibility for the vessel always remains with the Owner.

3. The Owner shall indemnify the Company against all loss, damage, costs, claims or proceedings incurred by or instituted against the Company or its servants or agents, which may be caused by adverse weather conditions, the Owner’s vessel or vehicle or by the Owner, his servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be proven to be caused by the negligence or wilful act of the Company or those for whom it is responsible.

4. The Owner shall insure their vehicles or vessels against loss or damage howsoever caused and shall maintain third party insurance (including both public liability and where relevant employers liability insurance) in respect of themselves and each of their vehicles or vessels, their crew for the time being, and their agents, servants, visitors, guests and sub-contractors a sum of not less than €3,000,000 in respect of each accident or damage and shall maintain in respect of each vessel adequate salvage insurance. Such insurance shall be affected and maintained by an insurance office of repute and the Owner shall produce the policy or policies relating thereto to the Company on demand.

5. The Owner shall take all necessary precautions against the outbreak of fire in or upon their vessel and the Owner shall observe all statutory and local regulations relative to fire prevention. Awareness of such statutory and local regulations is the responsibility of the Owner of the vessel. 

6. All persons using any part of the Company’s harbour or premises or 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 Company’s harbour or premises or facilities was caused by or resulted from the Company’s negligence or deliberate act or that of those for whom the Company is responsible.

7. No work shall be done to the vessel whilst in or on the Company’s harbour or premises except by the Company (unless with the written consent of the Company, which may be withheld at the Company’s sole discretion), other than minor running repairs or minor maintenance of a routine nature by the Owner, their regular crew or members of their family, not causing any nuisance or annoyance to any other users of the harbour or premises or any person residing in the vicinity. 

8. Except with the written consent of the Company which may be withheld at the Company’s sole discretion, no part of the Company’s harbour or premises 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 of sale or hire of the vessel. 

9. The Owner shall be permitted to arrange a private sale of their own vessel, but they shall not be permitted to display a ‘For Sale” notice on their vessel whilst in or on the Company‘s harbour or premises, and all viewings and/or activities pertaining to the selling process must occur outside of the Company's harbour or premises.

10. Any monies due for storage, services rendered etc. which are not paid on the due date for payment shall attract interest at the rate of 2% per month, or part thereof. This condition will be applied at the discretion of the Company.

11.  Berthing License Agreements form a contract between the Company and the Owner. They are not rolling contracts but must be renewed every year. It is the Owner's responsibility to return a completed Berthing License Agreement form. Once an application is acceptable, the Company will issue an invoice, the invoice is settled by the Owner by the payment due date, and only then is a contract is in place in accordance with the Company’s Terms and Conditions. The Owner shall not lend nor transfer the berth (this Berthing License Agreement being personal to the Owner, relating to a particular vessel and is non-reassignable), nor shall they use it for any other vessel without prior consent of the Company. In the absence of a valid Berthing License Agreement, the Owner has no contract with the Company.

12. Where no Berthing License Agreement/contract exists between the Company and the Owner, the Owner must settle outstanding fees and remove the vessel from the premises immediately. If the Owner fails to remove the vessel, the Company shall be entitled:     
(i) to charge the Owner a daily rate until the vessel is removed
(ii) at the Owner’s risk and expense, the Company will remove the vessel from the water, place it in storage or on hard-standing, and charge the Owner with all costs arising out of such removal and storage. These fees are to be settled in full before the vessel is collected.
(iii) After a period of 3 years, where fees remain outstanding, the Company reserves the right to sell the vessel in order to recoup expenses and fees incurred. 

13. Nothing in this License shall entitle the Owner to the exclusive use of a particular berth. The Company reserves the right to re-allocate berths assigned to boats at any point in the duration of the Berthing License Agreement.

14. The vessel, when entering or leaving or manoeuvering in the harbour shall not be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the harbour. Vessels are always subject to the speed restrictions and by-laws of harbour, navigation, or other authorities.

15.  No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Company’s harbour or premises nor shall animals be allowed within the Company’s harbour or premises so as to cause any nuisance or annoyance to the Company, to any other users of the harbour or premises or any person residing in the vicinity and the Owner undertakes for themselves, their guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid.

16. The Company shall have the right to re-berth, move, board, enter, lift ashore, or carry out any emergency work on the vessel, if in the Company’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 Company’s premises, plant and equipment and the Owner shall pay the Company reasonable charges for such work.

17. No refuse or noxious substances or sewage shall be discharged into the harbour, or thrown overboard or left on the pontoons, jetties or car parks. Only normal refuse as typically found on a vessel, (no private household waste), to be disposed of in refuse facilities provided by the Company. Refuse facilities are provided by the Company during boating season only, April to end September.

18. Owners and their crew are required to park their motor vehicles in such position and in such a manner as shall from time to time be directed by the Company.

19. The Company requires that children are always supervised by a responsible adult and that they wear a suitable Personal Flotation Device (PFD) in accordance with legislation.

20. The Company requires payment of a non-refundable booking deposit of €250 to secure the allocation of indoor winter boat shed storage for vessels. This booking deposit is not transferable to a subsequent winter season. The balance of indoor storage facility fee outstanding falls due before the Owner’s vessel is transported to the indoor storage facility.

21. Vessels stored in the indoor storage facility or on the hard standing will be relaunched to the water in accordance with when the Company deems it appropriate to do so, taking many factors into consideration, such as safety, weather, adequate and suitable personnel available, the availability of the facility and equipment, and for any other reason as deemed necessary by the Company on a case by case basis. The requirements of the Owner will be considered in the overall context of above.

22. Upon request by an Owner further back the indoor storage facility, other vessels may have to be moved to facilitate their earlier egress.  The Owner then incurs the fee of moving other vessels as necessary and any other expenses incurred. Requests of this nature are at the discretion of the Company.

23. No person is permitted to stay on board overnight while a vessel is stored in the indoor storage facility or on the hard standing.

24. The Company will levy no charge for RIBs or small boats up to 3 meters tied off main vessel. They must be fully insured and secured in such a manner as to cause no disturbance or impediment to other vessels, harbour entrance, safety ladders, or Owners.

25. The Company charges the Owner for shore power at a variable rate including V.A.T. and service charge. The rate and number of units consumed by the Owner’s vessel is recorded and communicated to the Owner at least once in a twelve-month period.

26. No boat used for habitation shall remain in the harbour.

27. Minimum berthing charge is for a boat of 32 feet L.O.A.

28. Whilst a €100 charge applies to all vessels in the water over the winter period [October – March] to cover the occasional adjustment of lines and fenders by the Company and/or its agents to whom the application for berthing is made, according to water levels and ever-changing weather conditions, the responsibility of the vessel remains with the Owner.

29. The launching slipway is privately owned by the Company and only to be used by Owners that have a Berthing License Agreement that includes the storage of RIBs and/or trailers.  Any other person must contact the Company and seek guidance and permission, and must desist from using the slipway until such time as that communication has taken place and express permission is given by the Company.

30. Tap water in the harbour is for general domestic use only, is not suitable for drinking, and not to be used for washing boats. For advice on washing boats, Owners should contact management.

31. The Company shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of any defect in the vessel or property concerned unless we have been expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of an accident which has not been caused by our negligence or some other breach of duty on our part. However we reserve 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 we do so we shall be entitled to charge the customer concerned on a normal commercial basis.

32. The Company will exercise reasonable skill and judgment when we give an estimate or indication of price. However such estimates are always subject to the accuracy of information provided by the customer and are usually based only on a superficial examination and will not include the cost of any emergent work which may be necessary to the vessel, gear or equipment nor the cost of any
extensions to the work comprised in the estimate.

33. The foregoing Terms and Conditions shall apply to all users of the Company’s premises and may be altered, added to, or amended from time to time by the Company. Upon such notice of amendment being displayed at the Company’s offices or on the Company website, it shall be deemed incorporated herein.