1 – Terms & Conditions
2 – Hampton Riviera Regulations
Standard License for Berthing and Storage Ashore
• Where the following words appear in these Conditions, the License and Hampton Riviera Boatyard (HRB) Regulations they shall have these meanings:
• Alongside Berth means a berth where a Vessel of appropriate draft may be secured, with access to the shore without the need for a dinghy or tender.
• Berth means the space on water or land from time to time allocated to the Owner by the HRB for the Vessel during the term of this license.
• HRB shall mean the Company or any of its agents to whom the application for berthing is made which may be one or more of its associated companies, concessionaires, tenants and assignees for the operation of the boat repair yard, brokerage or other Marina facility.
• Cover Sheet shall mean the attached sheet, signed by the parties to this license, which contains the details of the license.
• Marina shall include a Vessel Marina, marina, mooring or any other facility for launching, navigating, mooring or berthing a vessel.
• Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent.
• Owner shall include any character, master, agent or other person for the time being in charge of the Vessel, excluding the HRB.
• Pontoon means a moored and decked floating/fixed structure providing landing or mooring facilities.
• Premises means all the land, adjacent water and buildings occupied by or under the control of the HRB, including docks, slipways, pontoons, jetties, quays, piers, mud-berths, sheds, lofts, workshops, hard standing, roadways and car parks.
• Regulations mean those regulations (if any) made by HRB as the same may be amended from time in accordance with clause 15, which HRB in its absolute discretion considers necessary to enable HRB or those using the Premises to comply with applicable legal requirements or for the safety or security or good management of the Marina or Premises.
• Storage Ashore Accommodation means the land space temporarily allocated to the Owner from time to time by HRB for the storage ashore of the Vessel during the term of the license.
• Vessel shall include any form of craft, boat, ship, yacht, dinghy, multi-hull, or other marine structure, which is in the care, and control of the Owner.
2 the License
2.1 The Berth at the Marina or Premises shall be licensed for the period and at the Charges on the Cover Sheet
2.2 This license shall not be automatically renewed but will end at the End Date specified on the Cover Sheet if not terminated sooner by HRB or by the Owner under the provisions of Clauses 8 or 10.
3 Liability, indemnity and insurance
3.1 HRB shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons trespassing the Premises or the Marina and/or using any facilities or equipment.
3.1.1 HRB shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Marina in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of HRB, Vessels, gear, equipment and other property are left with HRB at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.
3.1.2 HRB 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 shall have been expressly engaged to do so by the Owner on commercial terms. Similarly HRB shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident that has not been caused by HRB’s negligence of some other breach of duty on its part. However HRB 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.]
3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover. For Vessels up to 10 meters, the third party liability will cover for not less than £1,000.000; vessels to 20 meters, it will cover for not less than £1,500,000; vessels up to 30 meters, it will cover not less than £3,000,000 and vessels above 30 meters will have to join P&I Insurance, and cover against wreck removal, salvage and pollution, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to HRB of such insurance within 7 days of a request to do so.
3.1.4 The Owner shall, and shall procure that his crew, members of his family/guests comply with all applicable laws when using HRB Marina and Premises.
4 address details and Subsequent change of details
4.1 The Owner must supply HRB in writing, details of the Owner’s official home address. This address must be a different address to the address of the Marina. The Owner shall be obliged to produce evidence to HRB of such home address within 7 days of a request to do so.
4.2 The Owner must notify HRB in writing of the details of any change of names of the Vessel or change of address or telephone number of the Owner.
5 Berth allocations
5.1 The physical layout of the Marina and Premises and the varying needs and obligations of HRB and its customers requires that HRB retains absolute control of Berth allocation within the Marina and Premises. Accordingly the Owner shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to him by HRB.
6 Personal nature of the License
6.1 This license is personal to the Owner and relates to the Vessel described in the application for berthing. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express written consent of HRB.
6.2 Within 7 days of any agreement for the sale, transfer or mortgage of a Vessel subject to this license the Owner shall notify HRB in writing of the name, address and telephone numbers of the Purchaser, Transferee or Mortgagee, as the case may be.
7 Use of Berth By HRB When vacant
7.1 HRB may have the use of the Berth when it is left vacant by the Owner.
8.1 HRB shall have the right (without prejudice to any other rights in respect of breaches of the terms of this License by the Owner) to terminate this license in the following manner in the event of any breach by the Owner of this License;
8.1.1 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of HRB and/or of HRB customers and if the breach is capable of remedy, HRB may serve notice on the Owner specifying the breach and requiring him to remedy the breach within a reasonable time specified by HRB. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short. If the Owner fails to remedy within that time, or if the breach is not capable of remedy, HRB may serve notice on the Owner requiring him to remove the Vessel from the Marina or Premises immediately.
8.1.2 If the Owner fails to remove the Vessel on termination of this license whether under this Condition or otherwise), HRB shall be entitled to charge the Owner at HRB 24 hour rate for overnight visitors for each day between termination of this license and the actual date of removal of the Vessel from the Marina and Premises and/or
184.108.40.206 at the Owner’s risk (save in respect of loss or damage directly caused by HRB negligence or other breach of duty during such removal) to remove the Vessel from the Marina and Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.
8.1.3 any notice of termination under this License shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner‘s last known address and in the case of HRB shall be served at its principal place of business or registered office.
9 rights of Sale and of detention
9.1 Where HRB accepts a Vessel, gear, equipment or other goods for repair, refit, maintenance or storage HRB does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on HRB in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until HRB has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
9.1.1 Goods for repair or other treatment are accepted by HRB on the basis that the customer is the owner of the goods or the owner’s authorized agent and that he will take delivery or arrange collection when
9.1.2 HRB obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;
9.1.3 the place for delivery and collection of goods shall be at HRB’s Premises unless agreed otherwise. Advice regarding the Act may be obtained from the Citizens Advice Bureau, Law Centre or any firm of Solicitors.
9.2 Maritime Law entitles HRB in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgement debt against the Owner of a Vessel or other property.
9.3 HRB reserves a general right (“a general lien”) to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to HRB. If the License is terminated or expires while HRB is exercising this right of detention it shall be entitled to charge the Owner at HRB 24 hour rate for overnight visitors for each day between termination or expiry of this license and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Marina and Premises. The Owner shall at any time be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for HRB’s prospective legal costs.
10 Termination By owner
10.1 For annual contract holders this License may be terminated on 16 weeks’ written notice by the Owner to the HRB. In this event HRB will be entitled to recalculate the charge for the Berth using the rate or rates that would have been applicable to the actual period of the license instead of the annual rate. If this recalculation results in a balance payable to HRB then the Owner shall be required to pay that balance before removing the Vessel from the Marina or Premises. If there is a balance is in favour of the Owner HRB shall pay it to the Owner upon the Vessel’s departure of the Vessel from the Marina or Premises.
11 Vessel movements
11.1 HRB reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Marina and Premises.
11.2 A copy of HRB scale of charges for Vessel movements will be provided to the Owner before they enter into an Agreement with HRB. Where a specific date or tide range for relaunch of the Vessel has been agreed between the Owner and HRB at the time of slipping or lifting out (or arrival by land) this charge alone will be payable for the launch. However where the Owner requests a different date or tide range HRB reserves the right to charge the Owner for the cost of moving other vessels to gain access to the launch point and for any attendant expenses, such as crane hire. HRB will provide the Owner with an estimate of such costs and charges prior to incurring them.
11.3 Vessels shall be berthed or moored by the Owner in such a manner and position as HRB may require and unless otherwise agreed adequate the Owner shall provide ropes and fenders for the Vessel
11.4 No vessel, when entering or leaving or manoeuvring in the Marina, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina. The maximum speed in the Marina is 2 knots.
11.5 Vessels planning to leave or return to the marina must advise in writing to the marina office on their plans ahead according to the following schedule:
Daily contract: 24 hours ahead
Monthly contract: 48 hours before departure and 48 hours before re-arrival within the contract period
Annual contract: 7 days before departure and 7 days before re-arrival within the contract period failing to submit the above notice to the marina office will incur extra cost and could result in no vacancy upon re-arrival.
12 Commercial usages
12.1 No part of HRB Marina or Premises or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written agreement from HRB. Where this license is granted to a commercial operator whose Vessel is operated for hire or reward in the course of trading, special conditions will apply to this license, as appended.
13.1 Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the HRB allocates a separate berth for them.
14.1 Subject always to availability of parking space Owners and their crew may only park vehicles on the Premises in accordance with the specific permissions granted of HRB. HRB has available club cars for use by Vessel owners at special rate.
15 Marina regulations
15.1 The Owner shall at all times observe HRB Regulations and in particular:
15.1.1 The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the vessel and ready for immediate use in case of fire.
15.1.2 Owners shall refuel only at the designated fuelling berth and are to vacate the berth when the fuelling operation is completed. Where fuel is required to be transferred in portable containers, HRB reserves the right to refuse the use of any container deemed unfit for the purpose.
15.2 HRB shall supply the Owner with a copy of the Regulations current at the time of application for a License. HRB reserves the right to introduce new Regulations on grounds of legal requirement or for the safety or security or good management of the Marina or Premises, and to amend such regulations as from time to time shall be necessary. Such Regulations and any amendments to them shall become effective on being displayed on HRB public notice board or other prominent place at the HRB Premises, and HRB shall have the same rights against the Owner for a breach of the Regulations as for a breach of the terms of this License.
Advisory note: Owners, their guests and crew are advised that their conduct and that of their vessels is likely to be regulated and governed at various times by statutory, local authority and Marina regulations which may be more extensive than those of HRB and the breach of which may result in criminal penalties.
16 Access to Premises/Work on the vessel
16.1 Subject to Clause 16.2 no work shall be done on the Vessel, gear, equipment or other goods while on the Premises without HRB prior written consent other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with HRB schedule of work, nor involving access to prohibited areas.
16.2 Prior written consent will not be unreasonably withheld where:
16.2.1 the work is of a type for which HRB would normally employ a specialist sub-contractor; or
16.2.2 the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates are carrying out the work under warranty.
16.2.3 notwithstanding the foregoing, during periods of work by HRB on the vessel, neither the Owner nor his invitees shall have access to the Vessel without HRB prior consent, which shall not be unreasonably withheld.
16.2.4 the supplier/service provider will hold a valid insurance policy to cover third party and professional indemnity of £1M GBP and has proven experience in the specific field of work.
17 Health, Safety and the environment
17.1 Attention is drawn to HRB Health, Safety and Environmental policy, as amended from time to time. HRB shall supply the Owner with a copy of the Policy current at the time of application for a License. Any amendments shall be displayed on HRB public notice board or other prominent place at HRB Premises and further copies shall be available on request. The Owner, his regular crew, members of his family and/or any person or HRB carrying out work on the Vessel, with the permission of HRB, must comply with the HRB Health, Safety and Environmental Policy.
17.2 The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to HRB all accidents involving injury to any person or damage to any public or private property that occur in the Marina or on the Premises as soon as possible after they occur.
17.3 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Marina or Premises so as to cause any nuisance or annoyance to any other users of the Marina or Premises or to any person residing in the vicinity and the Owner undertakes for himself, his guests and all using the Vessel that they shall not behave in such a way as to cause any nuisance or annoyance to any other users of the Marina or Premises or to any person residing in the vicinity . Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.
17.4 No refuse shall be thrown overboard or left on the pontoons/fingers, or car parks or on any other part of the Premises, or disposed of in any way other than in the receptacles provided by HRB or by removal from HRB Marina and Premises at any time for whatever reason. An On-Spot-Fine of £50.00 is applicable to anyone disregarding this rule. Please refer to HRB further directions regarding waste management shall be posted on HRB Public Notice Board or other prominent place and copies will be available from HRB on request.
17.5 The Owner shall, and shall procure that his crew; members of his family comply with all applicable laws when using HRB Marina and Premises. The details contained within this pack are intended to give a general guideline of the use of the marina and communal areas and they do form part of the License Agreement/contract. Any areas, measurements or distances are approximate. The text, photographs, maps and plans are for guidance only and are not necessarily comprehensive. All information is correct at time of print and may be subject to change. Some of the imagery used within this pack is computer generated.
2 – Hampton Riviera Regulations
Coordinates: Lat 44°18’, 18N Long 09°12’, 83 E
Description: Hampton Riviera is completely docked.
Boat places: 14
Nearest safe roads: 150 YDS north of Marina
The dry-dock, is situated south-west to the Marina and it allows the use of facilities in regards of the dry dock also besides there is mooring facilities of boats up to 40 metres long (over 40 metres with the permission of the Local Maritime Office)
Hampton Riviera Regulations
Art. 1 – Preliminary Statement
Hampton Riviera Boatyard and Marina – (HRB) has registered office in Bermuda House, 45 High Street, Hampton Wick, Kingston Upon Thames, KT1 4EH.
Art. 2 – Object of Regulations
The present Regulations set the rules for the management and use of the Marina.
Art. 3 – Regulations Observance
The Regulations apply to anyone who in any way uses moorings, docks, property and infrastructures which are included in the Thames River areas or who work within the port area.
Anybody who frequents this landing-place has to abide to the rules included in the Navigation Code approved with R.D. 30/03/1942 N.327 and in the relative execution Regulations approved with D.P.R. 15/02/1952 n.328 and subsequent alterations and integrations.
These people must also observe customs, police, hygiene and protection of the environment rules, and any other rule in force.
Art. 4 – Management of the Marina
The management of the landing-place is carried out by a person responsible, with premises within the landing-place itself, helped by staff working for the Marina.
The Maritime Authority aHRBibutions regarding safety remaining, the HRB must supervise the respect of these Regulations in the landing context.
Art. 5 – Port services
The HRB supplies the pleasure boats with the following services:
a) Mooring and picking up moorings assistance;
b) Cleaning of the river water stretch and of the entrusted docks;
c) General maintenance of equipment, furniture and entrusted goods;
a) Drinking water supply;
b) Electricity supply;
c) Gas supply
d) Sewage station
e) Wi-Fi service;
f) Used oil collection
g) Video surveillance.
Art. 6 – Mooring places
a) The boats will have to moor in the places given to them according to the Marina staff directions.
b) Each user is responsible for the mooring of his/her boat; the pleasure boats must be perfectly equipped and manned during all the stay in the marina; the crew must be constantly available and ready for departure.
c) The users are obliged to protect their boats with adequate and sufficient fenders to avoid damage to their own and to other boats as well as our equipment.
e) The mooring places are given to pleasure boats according to a division in categories considering their total length and the time they intend to stay.
f) The pleasure boats will not be able to occupy water spaces outside the concession limits.
g) A User who would like to use a certain mooring place must fill in the booking form given by the HRB, declaring the exact dimensions of the boat (L.F.T.) for it to be included in a category, and also the expected date of arrival and departure, accepting at the same time these regulations. Subsequently, the Marina will communicate the place number given.
h) Users will only be able to use the place given for the mooring their own boat. It is forbidden to moor in any other place and also to give their place to other boats.
I) All boats using this landing place must be in perfect working conditions for navigation and safety not to be dangerous for themselves and for nearby boats.
j) The Management will be able to remove boats breaching these rules
Art. 7 – Mooring allotment
The pleasure boats that intend mooring in the Marina will have to carry out a regular booking using the proper forms.
People responsible for the boats must present themselves to the Management offices with the boat documents right upon arrival. Complete arrival formalities and license to moor must be obtained prior to use of the marina.
Art.8 – Times and movement of the boat
a) The Management will be able to move and shift one or more boats completely as they see necessary. The Captain of the boat must cooperate in carrying out such tasks as instructed by the management.
b) Arrival times / 8.00 – 11.00 / 15.00 – 18.00
c) Departure times / 8.00 – 11.00 /15.00 – 18.00
Pleasure boat departures, without considering the mooring zone, will have to be carried out by 11.00 a.m. of the set departure day.
N.B.: In case these departure times are not observed and this should cause a lack of availability of the mooring place already booked by another boat arriving, there will be a charge equal to the fee set for the boat that should have been coming in.
- d) The pleasure boats staying in the HRB Marina for more than one night are allowed to go out of the port only once a day respecting the times said at the above mentioned article 8.
e) Temporary stays
f) Places are available, temporary stays are allowed on the dock, for which the relative fee will have to be paid.
g) Stay on the dock
h) The maximum stay period is 7 days (unless stated otherwise). After this period, the boats must leave and will be able to come back again only after 3 days.
I) Any requests for special and contingent dispensations regarding arrival and departure times will have to be communicated in advance, and will have to be accepted by HRB Management.
Art.9 – Maritime traffic
The boats navigating in the area will have to abide to the dispositions of the Port Security Regulations in force issued by the Maritime Authority, keeping their speed below four knots: in any case their piloting has to be compatible with caution and safety measures to prevent danger situations or damage to third parties and to port equipment.
Art.10 – Port services
No services of any kind can be carried out on the pleasure boats by external staff in the areas under concession without authorization of Management.
Art.11 – Anti pollution and fire precautions
Considering the Hampton village and its river water stretch peculiarity, which is inserted in the Park Zone and therefore subject to its obligations, it is forbidden to throw into the river any substances and in particular the following behaviour is compulsory:
- a) In case hydrocarbons or other polluting substances are spilt in the river, on the docks, on the quays, on the jetties, the person responsible for the boat involved must tell the Management and the Maritime Authority immediately, and put in action all the necessary and allowed precautions straight away to restrain and limit the damage, taking care of immediately informing the staff of nearby boats and anybody around; in any case the people responsible must immediately compensate the damage caused;
b) In case a fire breaks out, the person responsible for the boat involved will have to do everything possible to use all fire extinguishing devices on board immediately, and also inform the Management and the Maritime Authority at the same time and as quickly as possible;
c) Before setting off the engines, the User has to ventilate the engine room;
d) Fire extinguishing equipment and electrical installations on board must be kept in perfect working and servicing order;
e) The on board compartments containing liquid gas cylinders must be properly ventilated and when the boat is left unattended these cylinders must be closed;
f) Extinguishers on board must be in keeping with the in force regulations, enough in number and in perfect working order;
g) Electrical generators can only be kept on during the day, and only if they cause low acoustic and fumes emissions. The Marina staff will be able to ask for the generators to be turned off at any moment.
Art.12 – Civil responsibility and fire risks
All pleasure boats that use this landing place must be insured against civil responsibility towards third parties and against fire risks.
The HRB is not responsible for any thefts or damage to people or things, which should happen within the landing area and on board the pleasure boats or in cars.
Therefore whomever uses the landing must arrange suitable precautions to protect their goods from theft, fire, damage and so on.
For what concerns the HRB’s responsibility for damage suffered by the pleasure boats themselves because of bad weather conditions, it is made clear that any complaint against the HRB will not be accepted for damage caused by backwash or strong wind.
On landing Management request, the User has to show the insurance policy of their boat.
Art.13 – Prohibitions
As well as law prohibitions of the Port Regulations issued by the Maritime Authority and all cared for by Hampton Riviera the following is forbidden in all the concession area:
a) Anti-social behaviour will be dealt in a policing manner
b) To start engines, generators, etc. before 9.00 a.m. and after 8.00 p.m. unless the boat is about to leave the mooring;
c) Smoking on site is strictly prohibited
d) To behave in any way that might disturb other people’s peace (loud radio and/or television and/or hi-fi system, other disturbances.)
Art.14 – Sanctions
Any breach of the rules defined in these Regulations resulting in damage to third parties, their moored boats, equipment or furniture or fittings in general, obliges the person responsible to immediately refund the damage.
Art.15 – Controversies
For any controversy that should arise as a consequence of these Regulations, between HRB and the Users or the HRB and any other person, the Place of jurisdiction is the United Kingdom of Great Britain.