Boat storage terms and conditions
1. These terms and conditions
1.1 What these terms cover. These are the terms and conditions on which we permit you to place and store your Sailing Boat and Launching Trolley on our land at Coniston Boating Centre.
1.2 Why you should read them. These terms tell you who we are, how you and we may change or end this licence, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Our licence with you
2.1 We give you permission for the Term of this Licence to place and store your Sailing Boat and Launching Trolley on our land in a position that we will
determine and which may change from time to time PROVIDED you comply with the conditions contained in paragraph 3 below.
2.2 The Licence will come into effect upon our receipt of this Licence signed by you and payment of the Storage Fee for the first year.
3. Conditions
3.1 Storage Fee. You will pay the Storage Fee on the date of this licence and each year thereafter. In addition you will pay all present and future charges, assessments, outgoings and duties (if any) payable in respect of this Licence.
3.2 Indemnities. You will indemnify us and keep us indemnified from and against all costs and expenses we may properly incur in connection with all and every loss and damage incurred or sustained by us as a consequence of your breach of any of the terms of this Licence. This indemnity shall extend to and cover all costs and expenses we may incur in connection with any steps which we may at our absolute discretion (but without being in any way obliged so to do) take to remedy any such breach and is without prejudice to any rights or remedies we may have in respect of any such breach.
3.3 Insurance. At your own expense for the Term you will have in place and maintain with an insurance office of repute suitable insurance to cover against loss of or damage to your property and effects and the property and effects of third parties; and against death, injury, loss or damage suffered by third parties or against any consequential loss suffered by them. You shall produce details of the insurance and sufficient evidence that the policies are/ were in force during the Term within 14 days of our request.
3.4 Nuisance. You will not do or permit to be done anything which is illegal, causes damage, or which may be or may become a nuisance (whether
actionable or not), annoyance, inconvenience or disturbance to us, our tenants, our licensees or any owner or occupier of neighbouring property.
3.5 Substitute Vessel. You will give us at least 7 days prior written notice of your intention to substitute another vessel for the Sailing Boat provided
always that we reserve the right to refuse to accept the substitution of any vessel.
3.6 Moving the Sailing Boat. You will permit us to inspect and if necessary move the Sailing Boat or any permitted substitute to ensure compliance with these conditions, any statutory requirements and/or for the purpose of ensuring the safety of the vessel, any person or property.
3.7 Reimbursement of costs. You will reimburse our costs in taking action to secure the safety of the vessel of any property imperilled by it.
3.8 Use of the Vessel. You will not use the vessel or the storage area for the purpose of camping, sleeping or overnight accommodation or in connection with the sale of any item including the vessel itself.
4. Ending the licence
4.1 We will be entitled to terminate this Licence immediately on giving you notice if any money due and payable under this Licence has not been paid on the due dates for payment.
4.2 Either we or you will be entitled to terminate this Licence by serving one week’s notice.
4.3 We will be entitled to terminate this Licence immediately on giving you notice in the event that you substantially fail to perform and observe all or any of the obligations on its part contained in this Licence.
4.4 Upon this Licence coming to an end the vessel must be removed from our land at Coniston Boating Centre. If the vessel remains in situ 28 days after the Licence ends we may sell the vessel without further notifying you and use the sale proceeds to clear any balance of money you owe to us under this Licence including the costs of sale. Once the vessel has been sold we will send you notification that the sale proceeds are being held on your
behalf and request your instructions of where to send the money. If we do not receive instructions within 12 months, the sum will be forfeited to us.
4.5 Any termination of this Licence shall be without prejudice to any rights or remedies that either you or we may have accrued.
5. Other important terms
5.1 Nobody else has any rights under this Licence. This Licence is between you and us. No other person shall have any rights to enforce any of its
terms.
5.2 If a court finds part of this Licence illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.3 Even if we delay in enforcing this Licence, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Licence, that will not mean that you do not have to do
those things or prevent us taking steps against you at a later date.
5.4 Which laws apply to this Licence and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
