McKever Hotels Ltd
Reg. Office : Craigie Hall, 6 Rowan Road, Glasgow G41 5BS
Reg No: 193980
General Conditions of Mooring and Storage
1 In these conditions, the company shall mean McKever Hotels Ltd ("the company") the Company and/or its Agent or Agents to whom the application for mooring is made. The expression “owner” shall include a Charterer, Master or Agent or other person for the time being lawfully in charge (other than the Company) of the vessel or vehicle using the premises and/or a mooring in Loch Lomond belonging to the Company
2. It is understood and agreed that the period of Mooring shall run only for the duration of the Holiday lodge let to the owner at Rowardennan .
3 It is understood that the charges as shown in the attached schedule will be charged separately whether or not the company's equipment is used and the allocation time taken may be charged for separately.
4. It is understood and agreed that the owner is bound by the general conditions and/or any special conditions displayed from time to time on the company notice board. In consideration of the foregoing the owner agrees to pay the company charges due on the acceptance of the agreement.
5. (a) All vessels and vehicles in or on the Company’s moorings or premises may be moved by the company to any other part of the same moorings or premises.
(b) The company shall not be liable whether in contract or otherwise for any loss, damage, of whatsoever nature caused to any vessel, 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 Company or for those whom it is responsible.
© The owner shall indemnify the Company against all loss, damage, cost, claims or proceedings incurred by, or instituted against the company or it’s servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of the Company or for those whom it is responsible.
(d) The owner shall maintain third party insurance in respect to himself and each of his vehicles or vessels, his crew for the time being, and his agents, passengers, visitors, guests and subcontractors in a sum of no less than £250,000 in respect of each accident or damage and, in respect of each vessel adequate salvage insurance. Such insurance shall be affected and maintained in an insurance office of repute and the owner shall produce the policy or policies relating to the company on demand.
© The owner shall indemnify the Company against all loss, damage, cost, claims or proceedings incurred by, or instituted against the company or it’s servants, agents, crew, guests or sub-
6. The owner shall use no part of the Company’s premises or of any vessel or vehicle while situated therein or thereon for any commercial purposes.
7. Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a current agreement granted to the owner by the company subject to these conditions the owner shall notify the Company of the name and address of the Purchaser, Transferee or Mortgage, as the case may be.
8. (a) Subject to Paragraph (b) in this condition no work shall be done on the vessel whilst at the company’s premises or moorings (unless with the prior written consent of the Company which will be withheld at it’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 not causing any nuisance or annoyance to any other users of the Company’s premises or mooring or any other person residing in the vicinity.
(b) Prior to written consent for work to be carried out on the Company’s premises or moorings shall not without good cause be held in the following circumstances: -
contractor; or
(ii) Where the Company is satisfied that the whole of the work is remedial and is not servicing and is being carried out under warranty by the manufacturer and/or supplier, of the vessel or any part of her equipment to which the warranty relates.
(iii) If the Company has set aside an area of Company’s premises or mooring where the Owners may carry out work on their vessels and the work for which is consented is sought is restricted to that area and is not to be carried out in a manner prohibited under regulations for the time being made by the Company with regard thereto.
(iii) If the Company has set aside an area of Company’s premises or mooring where the Owners may carry out work on their vessels and the work for which is consented is sought is restricted to that area and is not to be carried out in a manner prohibited under regulations for the time being made by the Company with regard thereto.
9. (a) The Company has the right to exercise general lien upon any vessel and/or property of the vessel’s Owner whilst in or on the Company’s premises until such times as any money due to the Company in respect of the Vessel and/or other such property whether an account of rental,
10. (a) The Company shall have the right (without prejudice to any other rights in respect of breaches of these conditions by the Owner) to terminate the agreement granted to the Owner in the following manner in the event of any breach by the owner of these conditions and/or the Loch Lomond Registration and Navigation By Laws 1995 or if any failure by the owner to make any payment due to the company. If the breach is capable of remedy or the Owner has failed to make any such payment the Company may serve notice on the owner 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 due within 14 days, or if the breach is not capable of remedy, the Company may serve notice on the owner specifying the breach or failure to pay (when are not already specified and requiring him to move the vessel within 28 days, at the expiration of which the owner shall remove the vessel and any other property of his from the company’s premises). The Company shall refund the owner the unexpired portion of his charges (disregarding any discount given) subject to a right of set-off in respect of any damage suffered by it and/or other moneys owing as a result of any of the matters given the company the right to terminate the agreement.
(b) When no date of termination has been agreed in writing between the parties, the company or the Owner may terminate the agreement granted to the owner by giving 28 days notice of such termination, at the expiration of which the owner shall remove the vessel from the Company’s premises.
(c) If the Owner fails to remove the vessel on termination of the agreement (whether under this condition or otherwise) the company shall be entitled: -
(c) If the Owner fails to remove the vessel on termination of the agreement (whether under this condition or otherwise) the company shall be entitled: -
(i)To charge the Owner with the rental which would have been payable by the owner to the Company if the agreement had not been terminated for the period between termination of the agreement and the removal of the vessel from its premises and/or
(ii)At the Owners risk (save in respect of loss or damage caused by the Company’s negligence during such removal) to remove the vessel from it’s premises and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative mooring fees.
11. In all cases where a contract of hirer or agreement to occupy any moorings, storage space, property or facilities may be lawfully terminated by notice. The same shall be deemed lawfully served personally on the owner or sent by registered post or recorded delivery service to the last known address in the United Kingdom of the Owner or to the principal place of business to the company.
12. Any Obligations of the Company toward vessels or goods left at its premises ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such vessels or goods and the company accepts no responsibility for loss or damage to any vessel or goods left at its premises without its consent save in so far as such loss or damage is caused by the negligence of the company or those for whom the Company is responsible.
13. It in the Company’s opinion is necessary for the safety of the vessel or for the safety of the Company’s premises, plant or equipment, the company shall have the right to moor, move, board, enter or carry out emergency work on the vessel and except to the extent that such mooring, movement, boarding, entering or emergency work arises from the negligence of the Company or those for whom the company is responsible, the company’s reasonable charges shall be paid by the Owner.
(a) Unless he has the company’s prior consent, the owner shall not lend or transfer the mooring (this agreement being personal to the Owner relating to a particular vessel and not assignable) nor shall he use the mooring for any other vessel.
(b) In the event of an Owner lending or transferring a mooring without prior consent from the company, the company will be entitled to charge the owner lending or making the transfer with a rental which would have been payable by a new moorer at that time.
(b) In the event of an Owner lending or transferring a mooring without prior consent from the company, the company will be entitled to charge the owner lending or making the transfer with a rental which would have been payable by a new moorer at that time.
14. Vessels shall be moored by the Owner in such a manner and position as the company may require and unless otherwise agreed the necessary warps and fenders shall be provided by the owner.
15. Nothing in the agreement shall entitle an Owner to the exclusive use of a particular mooring.
16. All persons using any part of the Company’s premises or facilities for whatever purpose and whether by invitation or otherwise to do so a their own risk unless any injury or damage to a person or property sustained within the company’s premises or facilities was caused by or resulted from the negligence or deliberate act or that of those for whom the company is responsible.
17. No vessel when entering or leaving or manoeuvring in the premises shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the premises. Vessels are at all times subject to the speed restrictions and by-laws of harbour, navigation or other authorities.
18. No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the premises or moorings so as to cause any nuisance of annoyance to the Company, to any other users of the premises or moorings, or to any other 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 offend the aforesaid. Halyards shall be secured so as not to cause such nuisance or annoyance.
19. No refuse shall be thrown overboard or left on the pontoons, jetties or car parks, or disposed in any other way than in the receptacles provided by the company or by the removal from the company’s premises.
20. Dinghies, tenders and rafts shall be stored in the designated areas provided by the company.
21. Owners and their crew are required to park their motor vehicles in the designated areas provided by the company but in all cases vehicles should not be parked in the vicinity or in front of any lodge.
22. No items of boats, gear, fittings, or equipment, supplies, stores, or the like shall be left upon the pontoons, jetties or car parks.
23. The Owner shall take all necessary precautions against the outbreak of fire in or upon his vessel and the owner shall observe all statutory and local regulations relative to fire prevention (if any), which shall be exhibited at the offices of the company. The owner shall provide and maintain at least one fire extinguisher of governmentally approved or BSI standard type and size in or on the vessel fit for the immediate use in case of a fire.
24. The Company reserves the right to introduce regulations which relate solely to the administration of the company’s premises and which are not inconsistent with these conditions, and to amend such regulations from time to time. Such regulations and any amendments to them shall become effective on being displayed on the company’s public notice board or other prominent place at the company’s premises, and the company shall have the same rights against the owner for a breach of the regulations as for a breach of these conditions.
25. The Owner shall not have the right to water-ski, swim or scuba-dive within the area of the mooring or adjacent to the jetties nor has the Owner the right to use toilet facilities unless by prior agreement.
26. The Owner is entitled to use our jetties (North and South) slipway and beach for the purposes of handling vessels that are subject to the mooring agreement between the Owner and the Company. In the event of vessel being launched or slipped and not being the subject of any such agreement the Company will have the right to charge the owner whether self-launched or slipped or not. The Owner in entitled to have a key to the ‘Moore’s gate’ and a supply of water at the end of the jetty (South)
27. The Owner shall keep any dog(s) or other animal(s), whilst on shore on a leash and will not allow the dog(s) or animal(s) to foul Company’s property.
28. The Company reserves the right to refuse entry to its property to any persons.
29. All Moore’s must be registered with Loch Lomond Parks Authority in accordance with the Loch Lomond Registration and Navigation By-Laws 1995. By-Law 2
30. The Company will charge a commission for the sale made of a vessel, engine or trailer whilst on the Company’s premises or moorings. The Company must be notified prior to anyone viewing the vessel, engine or trailer for sale otherwise they are unlikely to gain access to the premises. A Letter of introduction would suffice.