1. All vessels, persons, companies using, operating within or associated with Whitehaven Harbour must abide by all laws contained within various Acts of Parliament, HRO's, SI's produced by Government or bylaws produced by the Harbour Commission either currently in force or to be produced at some later date. All visiting vessels, vehicles, persons, companies using the harbour accept all conditions and regulations in force as a condition on entering or using Whitehaven Harbour whether known or otherwise.
2. All vessels and vehicles on the Commissioners harbour and premises may be moved by the Commissioners as and when required. The Commissioners shall not be liable whether in contract, tort or otherwise, for any loss, theft or any other damage of whatsoever nature caused to any vessel or 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 Commissioners or those for whom the Commissioners is responsible.
3. Contracts are subject to availability of berths. A berthing contract ensures that Whitehaven Harbour Commissioners will endeavour to supply a berth suitable for that vessels length. Berthing Contracts do not entitle the contract holder to exclusive use of individual berths. Unsigned berthing contracts will be made void.
4. The Commissioners shall have the right (without prejudice to its rights in respect of subsisting breaches of this licence by the owner) to terminate the licence granted to the owner in the event of the owner failing to observe any of the conditions and regulation of berthing or any other law whether common or maritime and upon notice specifying the breach and requiring removal of the vessel being sent by recorded delivery post to the owners at his/her last known address, he will remove the vessel within a period specified by the Harbour Master not exceeding 28-days. On failure to remove the vessel, at the expiration of the said period, the Commissioners shall have the right to remove the vessel from the harbour and therefore secure it elsewhere and may charge the owner with all costs arising out of such removal including alternative berthing and storage fees. On such expulsion the Commissioners reserve the right to permanently withhold any refund to the owner for the remainder of any berthing contact that may be in existence.
5. The owner shall take all necessary precautions against the outbreak of fire in or upon his/her 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 Commissioners). The owner shall provide and maintain at least one fire extinguisher of a governmentally approved or B.S.L. standard type and size in or on the vessel for immediate use in case of fire, which extinguisher shall at all times be kept instantly ready for use and in good and efficient working order. Owners shall not fuel vessels in the harbour otherwise than in the commissioner's berth.
6. All vessels operating within Whitehaven Harbour must be adequately insured before entering the water space. Copy of current valid insurance is mandatory, to be presented to the Harbour Office before starting any contract, using the slipway, entering harbour water space or being stored on harbour land and on renewal date of insurance. Insurance must cover full period vessel remains in water space or stands on harbour land.
7. Slipway is strictly used at user's risk. Non-contract vessels/users require pass/licence prior to use.
8. Car parking is provided as and when available in designated areas. Berthing contracts do not guarantee a parking place. Valid parking permits must be displayed at all times. Vehicles not displaying valid parking permit may be fined, clamped or towed away. One car pass will be issued to each boat. Visitors cars will be allowed to park only at the Commissioners discretion and if a space permits and a fee will be charged
9. Dogs must be kept on lead at all times whilst on the premises and must not be allowed to foul the harbour or pontoons. Dogs are not permitted to enter any Commissioners buildings in particular the Marina Toilet and Shower facility on health and hygiene grounds, the exception being for registered dogs for the blind.
10. Strict speed limits exist - Within the confines of the pier extremities, (outer Harbour) speed should be kept below 8 knots or lower should conditions/traffic dictate. Within the inner Harbour, speed should be reduced further so as not to create a wash or nuisance to others.
11. Sealock Officers directions must be obeyed at all times subject to Whitehaven Town and Harbour Acts 1708-2001.
12. VHF communication with Sealock is mandatory. Telephone communication is not permitted unless in an emergency.
13. At times as dictated by the Harbour Master or Sealock Officer phased locking operations will be undertaken to accommodate maintenance or other requirements as seen fit. At other times extended closure of Sealock may be required during times of maintenance, both major and minor, whether planned or un-planned. WHC will not be held responsible for any inconvenience, lost income, expenditure or any other issue relating to such though will endeavour to advise boat owners where ever possible in advance. WHC will not be held responsible should a warning not be issued prior to inconvenience, lost income, expenditure or any other issue relating to such being experienced. It should be noted that during major maintenance Sealock may be closed to all traffic for extended periods as the maintenance may dictate. WHC will not be held responsible for any inconvenience, lost income, expenditure or any other issue relating to such and no compensation will be considered. It is an operational requirement of a Sealock that it will at times require major maintenance and thus closures will be a necessity.
14. Berthing charges include locking charges.
15. Multihull vessels will be subject to surcharge.
16. Charges to all vessels using Whitehaven Harbour are calculated on overall length (Metres) unless otherwise stated.
17. The following Max LOA information as recommended by TYHA Code of conduct 2003
18. New customer - Minimum LOA charge for 6m berth is 5.00m. - Max LOA recommended 6.66m
19. New customer - Minimum LOA charge for 7.5m berth is 7.50m. - Max LOA recommended 10.00m
20. New customer - Minimum LOA charge for 10m berth is 10.00m. - Max LOA recommended 13.33m
21. New customer - Minimum LOA charge for 15m berth is 15.00m. - Max LOA on application.
22. Existing customer - Minimum LOA charge for 6m berth is 5.00m*. - Max LOA recommended 6.66m
23. Existing customer - Minimum LOA charge for 7.5m berth is 6.50m*. - Max LOA recommended 10.00m
24. Existing customer - Minimum LOA charge for 10m berth is 9.00m*. - Max LOA recommended 13.33m
25. Existing customer - Minimum LOA charge for 15m berth is 14.00m*. - Max LOA on application.
26. *Existing customer minimum LOA charge will be progressively incremented to match new customer minimum LOA charge.
27. Maximum 'Back Side A' discount for existing customers 10%. Zero discount for new customers. 'Back Side A' discount to be progressively phased out.
28. All 'Back Side A' vessels may be rafted off as and when required by the Commissioners.
29. Cancelled berthing contracts will be subject to a cancellation fee of 25% of the total contract value. Contract berthing terms are binding on all parties.
30. Any monies which are not paid on or before the date for payment shall attract interest at the rate of 2% per month.
31. All charges are subject to V.A.T at the current rate unless otherwise stated.
32. All SO and staggered payments subject to administration charge of 8%.
33. WHC will not be held responsible for inconvenience caused or financial losses experienced due to the withdrawal of, closure of, or mechanical / electrical malfunction of any harbour facility.
34. All vehicles / equipment are left on the Harbour at the owner's risk. All vessels, cars and equipment stored in the hard standing are left at owner's risk.
35. All vessels will ensure that they endeavour to use their allocated berth at all times unless otherwise directed. No change of berth is permitted without the Harbour Master or Sealocks prior permission.
36. All dinghies, tenders and rafts shall be stowed aboard the vessel unless a berth is separately provided by the Commissioners. All such craft shall be liable for berthing charges if left in water at the Commissioners discretion.
37. Normal operation of the Boat Hoist is carried out as and when available on weekdays between Monday & Friday between the hours of 10:00 hrs & 16:00 hrs, weather and light conditions permitting. Any lifting outside of these hours will be charged at premium rates. As an operational need for the Harbour some days will be deemed non-lifting days at the managements discretion. All lifting operations are carried out by appointment only through the Harbour Office. Non-contracted vessels will require a credit booking prior to lift. Weekend lifting out of season is not carried out.
38. All lifting operations are carried out at boat owner's risk. In particular owners of vessels not clearly marked with the correct lifting points will accept full responsibility of the consequences of slipped, slipping or misplaced slings. The crane operator will reserve the right to not lift for what ever reason he sees fit on Health & Safety grounds at any time prior to or during the operation. WHC will not be held responsible for any inconvenience, lost income, expenditure or any other issue relating to such and no compensation will be considered. Lifting operations by their very nature may cause slight scuff marks from slings. WHC will not be held responsible for such. Mast removal and replacement is the responsibility of the boat owner. For such operations at advertised rates WHC supply crane operator only whom will work to boat owners requests. Boat owner will carry out all other requirements to fit/remove mast including slinging. Where the boat owner is not able to carry out such task him/herself or cannot attend in person to carry out task a third party should be sourced.
39. Boat owners whom fail to attend lifting appointments without prior cancellation notice to WHC Harbour Office will be subject to full cost of lift booked. It will be deemed that the boat owner has failed to make the appointment after 30 minutes have expired from appointment start time and the lift may be cancelled at the crane operator's discretion.
40. Boat owners whom attend lifting appointments late but prior to 30-minute cancellation will be subject to lifting costs from the appointment start time. Should the lateness infringe on the next customers boat lift appointment the crane operator may cancel at his discretion. In this circumstance the boat owner will be subject to that proportion of the lift cost to time late pro rata. Boat owners whom attend late after allotted lifting slot has passed will be required to make a separate appointment through the Harbour Office. Should notice of late attendance have not been received condition 39 will apply. Repeat lateness will result in the withdrawal of this facility to boat owner
41. WHC as a Harbour Authority cannot be held responsible for delays/cancellations of lifting appointments though endeavour to meet any appointment times.
42. Boat owners are reminded that on request of fuel delivery they attend the fuel berth at or very near the agreed time. Repeat lateness will result in the withdrawal of this facility to the boat owner. Fuel deliveries will be available during weekdays 9am through to 5pm and at other times including weekends and Bank Holidays at the Commissioners discretion. Delays may be experienced during busy periods.
43. No person(s) will be permitted to stay onboard a vessel during lifting operations.
44. No person(s) will be permitted to reside onboard a vessel during periods within the boat yard.
45. Access to the boat yard is restricted overnight. Boat Yard Code of Conduct applies.
46. Whilst WHC regularly inspect pit props to ensue that vessels propped in the Hard Standing remain safe, it is the vessel owner's responsibility to ensure that their vessel remains safe and insured. Owners who store their vessels at the Hard Standing without the removal of masts are reminded that there is a greater risk of pit prop failure during high winds. WHC will not be held responsible for any failure of propping vessels.
47. In compliance with the TYHA Code of Conduct 2003 it is not WHC policy to issue electric cables and ladders to harbour users on health and safety grounds.
48. Except with the written consent of the Commissioners, which may be with held at the Commissioners sole discretion, no part of the Commissioners premises or the vessel shall be used by the Boat Owner for any commercial purposes, including hiring, embarkation of charter parties, sale or demonstration for sale or hire of the vessel, provided that the occasional use of the vessel by a personal friend of the owner on payment to the Boat Owner of a contribution towards the actual running cost of the vessel shall not be deemed a commercial purpose hereunder.
49. The Boat Owner shall, upon request by the Commissioners, supply to the Commissioners full details in writing of all such use under the Proviso of this Regulation.
50. The Boat Owner shall be permitted to arrange a private sale of not more than one vessel such vessels usually berthed at the Commissioners premises during any one or more period of twelve consecutive months of the Licence granted to the owner.
51. In the event of such a sale, the Boat Owner shall be present at all times during which the vessel is to be viewed and the Boat Owner shall not be permitted to display a "For Sale" notice on his vessel whilst at the Commissioners premises without prior written consent of the Commissioners.
52. The Boat Owner shall be required to submit to the Commissioners a copy of the Bill of Sale and pay the Commissioners upon such private sale 1% of the sale price except where prior notice has been given by the Commissioners of a higher rate of commission. The Boat Owner will provide to the Commissioners at the time of sale the New Boat Owners particulars. The berth is not transferable.
Electricity charges as follows:
Unit charge - £0:11p (eleven pence) per unit.
Harbour users are advised to keep a record of electricity usage.
54. Customers not using their supply are advised to disconnect leads from the outlet and inform the Harbour Office. (Connected leads are assumed to be consuming electricity).
55. Charge will be made for trailers, cradles & equipment stored on harbour side. Unregistered trailers, equipment etc may be disposed of without notice.
56. All trailers, cradles, vessels and vehicles must display associated boat name at all times.
57. Further Berthing Regulations apply. Copy available on request.
58. Larger print copy available on request.
59. WHC reserve the right to alter / change prices, conditions & regulations at any time without giving prior notice.