THIS AGREEMENT is made between (1) The Royal Cork Yacht Club incorporating Royal Munster Yacht Club (“the Club”) and (2) the Licensee.
WITNESSES
(1) In this License, “the Berth” shall mean such Marina berth, or other facility, allocated by the Club to the Licensee; “the Licensee” shall mean any person who avails of a Berth; “the Licence Fee” shall mean the amount advised by the Club to the Licensee to be paid for the grant of this License and this expression shall encompass any other charges levied pursuant to the terms hereof and the Marina Rules; and “the Period” shall mean the period from 1 April in a year to 31 March in the following year.
(2) The Club licenses the Licensee to utilize the Berth during the Period subject to payment of the License Fee and compliance with the Marina Rules attached.
(3) The placing of any vessel in the Berth by the Licensee shall be deemed to be (i) acceptance by him/her of the terms and conditions hereof and his/her agreement to abide by the Marina Rules (ii) confirmation that the Licensee is the full owner of the vessel to be placed in the Berth (iii) confirmation that the Licensee has all risks insurance in respect of his/her ownership of the vessel in the sum of at least €3m.
1. Marina Licence
1.1 The Club through its Marina & Facilities Committee (M&FC) will allocate Berths under the terms of a marina Licence.
1.2 The License shall not assign, sublet or part with the Berth or any other rights created by the Licence.
1.3 The Club shall have the right to assign in its absolute discretion a different berth to the Licensee during the Period.
1.4 The Club may require the Licensee to remove the vessel from the Berth temporarily to facilitate Club operations or special events, in which event the Club shall, but without being under any obligation to do so, use its best endeavours to provide the Licensee with an alternative suitable berth or mooring.
1.5 The Club reserves the right to move any vessel from the Berth, when in the opinion of the Club staff on duty, physical or environmental conditions dictate it would be in the best interests of the Club, the Licensee or other users of the Marina or Club facilities or the public to do so.
1.6 The Licensee hereby authorise as the Club to enter on any vessel for any purpose associated with this Licence and indemnifies the Club against any loss or damage caused by such action
1.4 In the event that the Licensee shall change the size or type of his/her vessel during the Period, the Club may seek further payments, or make a refund to the Licensee, depending on the size of the replacement vessel and the term unexpired of the Period.
2. Use of the Berth
2.1 Use of the Berth shall be for the purpose of the Licensee’s private pleasure only and not for any commercial purposes, nor shall the Licensee or any other person be permitted to reside on a vessel without the prior consent of the Club, and on such conditions as the Club in its absolute discretion shall impose. A written application must be submitted to the Club and written approval received before commencing to live on board.
2.2 The Licensee shall report without delay to the Club staff if the member’s vessel makes contact with another vessel whilst leaving or entering a berth, or if the Licensee shall witness any such contact, or any other incident whereby loss or damage is caused to a vessel or to Club facilities.
2.3 All vessels shall be clearly identified by name or registered number.
2.4 The Club retains the right to refuse or limit access to the marina to any person and may restrict access to the marina or other facilities by means of a keypad or proximity swipe-card operated security gates, or any other means. The Licensee shall be security conscious at all times by ensuring that these gates are kept closed and by not divulging the access codes to non-members.
2.5 The Club accepts no responsibility or liability for any loss of or damage to vessels or injury to persons howsoever caused, and to the fullest extent allowed by law or contract, disclaims such liabilities. The Licensee keep in force a policy of all risks insurance in the sum of at least €3m and shall in any event indemnify the Club against any loss or damage caused to the Club by reason of the operation of the Licensee’s vessel.
2.6 Children aged twelve years and under must wear a lifejacket at all times while on the marina and must be under the supervision of a responsible adult at all times.
2.7 Swimming or fishing from the marina is not permitted
2.8 Barbecues shall not be operated on the marina or on boats berthed at the marina
2.9 Firefighting equipment is located at clearly defined positions throughout the marina. Club staff are trained in the use of the equipment and should be alerted by VHF radio giving the location of any fire. Instructions for the use of the fire extinguishers are displayed at the Fire Points and should be followed. Berth holders and visitors should NOT wait for Club staff to arrive. The Licensee shall familiarise themselves with the printed displays.
2.10 The Licensee shall wear, and shall ensure that his crew and guests wear a lifejacket on any boat under 7.5 metres in length.
3. License Fees
3.1 The Licence Fee will be calculated based on overall boat length and the cost per metre will normally be as agreed by the Annual General Meeting. Current rates are available from the Marina Office. All License Licence fees are payable in advance and before any vessel is placed in the Berth
3.2 The Licensee shall pay to the Club on demand the Licence Fee and all sums due for utilities consumed and any other sums from time to time directed to be payable by Licensees to the Club.
3.3 Should the Licence Fee not be discharged within four weeks of notification of it being due the Club may assume that the Berth is no longer required whereupon the Club reserves the right to reallocate the Berth.
3.4 This Licence may be terminated by the Club in the event that the Licensee fails to pay on demand any outstanding monies due for License Fees, in which event the Club shall be entitled to detain, secure or remove any vessel and any associated equipment, to levy a charge for such removal or storage and to sell any such vessel and/or equipment in order to discharge the Licence Fees.
3.5 The Licensee shall not be entitled to any rebate should the Berth not be used for any period covered by the Licence other than in exceptional circumstances, and at the sole discretion of the Club. Should a Licensee wish to undertake a major voyage i.e., beyond Irish waters for more than ten months and wish to keep the Berth, the following facility may be applied in the Club’s discretion:
• In the first year the vessel is away the Licensee will pay the full License Fee.
• In the second year, a 50% reduction will be applied to the License Fee.
• In the third year a 30% reduction will be applied to the License Fee.
• If the Licensee is away for a fourth or subsequent year full License Fees will be payable.
Notwithstanding payment of the Licence Fees in these circumstances, the Club shall be entitled to utilise the Berth, and charge for its use
3.6 The Licensee shall display a current “License Fee Paid” marina sticker on the vessel, which shall be readily visible from the pontoons.
4. Marina Protocol
4.1 The Licensee warrants that they and their crew are competent in the operation of their vessels and are capable of safely navigating their vessels on the river to and from the Berth or mooring, of safely picking up a mooring or docking alongside the marina and that adequate and competent crew be aboard to assist as appropriate during these manoeuvres.
4.2 The Licensee is responsible for ensuring that their craft is adequately secured by suitable warps and protected by suitable fenders. Where common cleats are used the Licensee shall ensure that any third party warp, which may have to be released, is remade immediately in a secure and seamanlike manner. Warps shall be tied off so as not to cause an obstruction or danger to persons walking on the marina walkways, pontoons or fingers.
4.3 Marina and walkways must be kept clear at all times. Boats or other equipment must not be left unattended on the marina at any time and storage boxes are not permitted on the marina.
4.4 No part of any vessel shall overhang the walkways and inflatable and other tenders shall not obstruct other vessels or other berth users, and must not be moored from the main vessel for extended periods.
4.3 The Licensee shall ensure that they, and their crew and guests at all times respect the privacy of others and shall ensure noise pollution is kept to a minimum including preventing noise from halyards, flapping sails or otherwise..
5. Marina Facilities
5.1 A 220-volt power supply is available at each marina berth. The use of this facility by Licensees for high consumption equipment such as de-humidifiers and heaters requires the utmost economy. The use of timers is strongly recommended.
5.2 The Licensee must use a meter when connecting to the electrical supply at the Berth (meters are available from the Club on payment of a refundable deposit)
5.3 All electrical equipment used on the marina must be in good condition. Damaged leads or equipment must not be brought onto the marina. Electrical leads must be routed such that they do not pose a trip hazard to pedestrians and so that they cannot enter the water.
5.4 A potable water supply is available on the marina. When hosepipes have been used they must be turned off securely, coiled neatly and stowed on the service pillar. Water leaks must be reported to Club staff.
5.5 Marina lighting is operated by light sensors. Any lights not operating during the hours of darkness must be reported to Club staff.
5.6 Any defective marina furniture, such as mooring cleats, fire extinguishers, lifebuoys, life lines and rescue ladders, must be reported to Club staff immediately.
5.7 A number of trolleys are available to transport sails, batteries, clothing and food supplies etc. The Licensee shall return trolleys promptly after use. A number of trolleys are clearly marked as such and should be used to transport fuel only.
5.8 The scrubbing posts on the slipway are primarily for use by Club Members. They must be booked in advance with the Club staff, a member of which may be in attendance while the Licensee’s vessel is being brought alongside.
6. Environmental
6.1 The Club is committed to care and maintenance of the natural environment. It requires the highest standard of environmental awareness from each Licensee, their crew and guests.
6.2 In the event of any fuel spillage, large or small, Club staff must be notified immediately. Environmental pollution control kits are available and the instructions of the staff must be followed.
6.3 Under no circumstances may contaminated bilge water, grey water waste tanks, chemical toilets or hydrocarbon fuel/oils be discharged in the marina or the harbour. The bunded waste oil disposal tank is situated in the Club shall be used for disposal of waste oil and for the disposal of used batteries and similar toxic or recyclable materials.
6.4 All cleaning or degreasing products must be environmentally friendly; the utmost care must be taken not to wash unsuitable products overboard.
6.5 The Licensee shall ensure that Potable water is not wasted and shall ensure constant supervision when bunkering to minimise overfilling and leaks.
7. Contractors
The Licensee may appoint their own marine contractor to work on their vessel subject to compliance with the following rules however they must comply with the following:
7.1 The Licensee must advise Club staff in advance of when the contractor will be on site giving an exact date and time.
7.2 The appointed contractor must report to Club staff and must sign the contractors log book entering the date and time of visit, must hold adequate insurance for third party risks and may be asked to produce a copy of the insurance policy.
7.3 Only routine engine maintenance, rig maintenance and boat cleaning is permitted on the marina. Any work outside of this has health, safety & regulatory requirements which cannot be provided for on the marina. Hot work such as welding or grinding or any work which can create a fire hazard is absolutely prohibited.
7.4 The Licensee may retain a sub-aqua diver to clean their vessel while on the marina. Such diver must fly International Code Flag ‘A’ prominently from his vessel, clearly indicating that a diver is in the water and shall fly a large International Code Flag ‘A’ on an extended pole at the mouth of the basin in which the diver is working, so as to warn incoming craft that a diver is in the water. The Licensee shall ensure that a responsible person is in attendance whilst the diver is down.
8. Petrol and Diesel
8.1.1 The Club operates petrol refuelling facilities during the hours published from time to time. Due to the terms of the licences granted for such facilities, petrol can only be sold to members of the Club
8.1.2 Club members who wish to purchase unleaded petrol must give their credit card details to the club accounts department. A swipe card will be issued which will operate the self-service petrol-dispensing unit. The members’ credit card will then be debited accordingly.
8.2 Diesel is available to both Club members and non-members. No person is authorised to utilise the refuelling facility accept certain designated members of Club staff. Payment for diesel fuel consumed is to be made immediately after filling.
8.3 Smoking is not permitted adjacent to the fuel facilities. Any Licensee availing of the facilities should ensure that their vessel’s engine and all unnecessary electronic and electrical equipment is switched off during the refuelling operation. Vessels shall not lie alongside or raft up at fuelling berth. A member of the Club staff shall be in attendance during any refuelling operations.
9. Club Ferries
9.1 The Club shall use its best endeavours to provide a ferry service limited to an area on the river between Limekiln quay and Currabinny Pier.
9.2 The Club Ferries will only operate during daylight hours, and during the periods which shall be published from time to time. If a ferry is required outside of these hours a member of the Club staff should be contacted in advance in advance.
9.3 The Club reserves the right to cease the ferry service at any time, if whether or other conditions, in the Club’s absolute discretion, render such operation unsafe The ferry service is only provided to members’ boats whose owners have paid the ferry charge (due 1st April each year) and to the boats of members who have rented moorings from the club.
9.4 All persons using the Club ferries must wear an approved lifejacket. The ferry driver is deemed to be in command of the craft and has the Club’s authority to refuse to carry any person who does not wear a lifejacket.
