March 2023

1. DEFINITIONS

Where the following words appear in these Terms and Conditions they have these meanings:
“Trust” means the Brayford Trust Limited
“Pool” means the Brayford Pool Lincoln and the adjacent land occupied by or under the control of the Trust.
“Harbour” means the water, pontoons and jetties within the Pool used for mooring Boats and the shower and toilet block, slipway, hard standings,roadways and designated car parking areas provided for the use of Owners.
“Owner”. means the person or persons identified as the Boat Owner and includes any other person (except the Trust) for the time being in charge of the boat.
“Boat” means any form of craft, boat, yacht, dinghy or multihull which is in the care and control of the Owner.
“Length Overall” (LOA) means the length of the Boat including any fore and aft projections, temporary or permanent.
“Berth” means the berth identified when booking or any other berth allocated to the Owner by the Trust whilst this licence is in force.
“Pontoon” means a moored and decked floating structure providing landing or mooring facilities.
“Jetty” means a fixed structure providing landing or mooring facilities.
“Harbourmaster” means the person responsible for the day-to-day management of the Harbour or his/her representitive.
“University Campus” means all the land in the vicinity of the Pool under the ownership and/or control of the University of Lincoln.

2. LICENCE PERIOD AND CHARGES

2.1 You must familiarise yourself with the Standard Terms and Conditions and ensure that you fully understand them.
2.2 You must ensure that your lawful visitors are also aware of the Standard Terms and Conditions and that they abide by them at all times. You are responsilble for their actions at all times.
2.3 Breach of the Standard Terms and Conditions, or failure to pay any fees due to us promptly on demand, entitles us to terminate your right to use the designated Berth immediately and may also lead to you having to compensate third parties, including the Trust.
2.4 Pre-booked Berths are available from midday until 11am on your departure day.
2.5 You may moor your boat on the designated Berth only for such times as may be agreed from time to time with us. You acknowledge that your right is not permanent and is subject to our absolute discretion.
2.6 Fees paid in advance will not be refunded unless the Trust in its absolute discretion decides otherwise.
2.7 The Trust’s charges will be reviewed annually with effect from 1st March each year.
2.8 The Owner will be liable to pay charges at the reviewed rate with effect from the date on which any period for which fees have been paid in advance ends.

3. LIABILITY, INDEMNITY AND INSURANCE

3.1 The Trust will not be liable for any loss or damage caused by an event or circumstances beyond its reasonable control (such as flooding or extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s or third party’s Boat); this extends to loss or damage to Boats, gear, equipment vehicles trailers or other goods and harm to persons entering the Harbour and/or using any installations facilities or equipment.
3.2 The Trust will take all reasonable steps to maintain the security at the Harbour, and to maintain the facilites at the Harbour in reasonably good working order. Subject to this, and in the absence of negligence on the part of the Trust, the Boat, gear, equipment and other goods (including vehicles and trailers) are left at the Harbour at the Owner’s risk and Owners should ensure that he or she has appropriate insurance against all relevant risks.
3.3 The Trust shall not be under any duty to salvage or preserve the Boat or other property from the consequences of any defect in the Boat or property concerned. Similarly the Trust shall not be under any duty to salvage or preserve an Owner’s boat or other property from the consequences of an accident for which the Trust is not responsible. However, the Trust reserves the right to do so in any appropriate circumstances, particulary 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 basis.

4. BERTH ALLOCATION

4.1 The physical layout of the Harbour and the varying needs and obligations of the Trust and its customers requires that the Trust retains absolute control of Berth allocation within the Harbour.
4.2 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 or her by the Trust.
4.3 You must must move your boat to a different berth or location promptly when required.

5. PERSONAL NATURE OF THE LICENCE

5.1 The Licence is personal to the Owner. It may not be transferred or assigned to a new Owner or to a different Boat, either temporary or permanently, without the express consent of the Trust.

6. TERMINATION FOR BREACH OF LICENCE

If the Owner breaks any of the terms and conditions of this licence the Trust will be entitled to proceed as follows:
6.1 If the breach is capable of remedy, the Trust may serve notice on the Owner specifying the breach and requiring him/her to remedy the breach within a reasonable time specified by the Trust. 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.
6.2 If the Owner fails to effect the remedy within the specified time, or if the breach is not capable of remedy, the Trust may serve notice on the Owner requiring him or her to remove the Boat from the Harbour immediately.

7. TERMINATION BY THE TRUST FOR OTHER REASONS

7.1 The Trust may terminate this licence for reasons other than breach of its terms and conditions by giving the Owner notice in writing to expire at the end of any subsequent period for which fees have been paid in advance.

8. FAILURE TO REMOVE A BOAT ON TERMINATION OF THIS LICENCE

If the Owner fails to remove the Boat on termination of this licence, the Trust will be entitled:
8.1 To charge the Owner at the Trust’s 24-hour rate for overnight visitors for each day between termination of the licence and the actual date of removal of the Boat and/or
8.2 At the Owner’s risk (save in respect of loss or damage caused by the Trust’s negligence or other breach of duty during such removal) to remove the Boat from the Harbour and secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.

9. RIGHTS OF SALE AND DETENTION

9.1 The Trust reserves a general right (“a general lien”) to detain and hold onto the Owners Boat or other property pending payment by the Owner any sums due to the Trust. If the Licence is terminated or expires while the Trust is exercising this right of detention it will be entitled to charge the Owner at the Trust’s 24-hour rate for overnight visitors each day between termination or expiry of the licence and the actual date of payment provision of security by the Owner and the removal of the Boat from the Harbour and the Pool. The Owner will at any time be entitled to remove the Boat or other property upon providing proper security, for example a letter of guarantee from a Bank or cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Trust’s prospective legal costs

10. BOAT MOVEMENTS

The Trust reserves the right to move any Boat, gear, equipment, or other goods at any time for reasons of safety, security or good management of the Harbour and Pool.

11. REGULATIONS

11.1 The Owner must at all times observe the Rules and Regulations set out in the Schedule to these Terms and Conditions and will be held responsible for any breach of them committed by any person using or working on the Boat or otherwise visiting the Harbour at the Owner’s invitation or with his or her consent.
11.2 The Trust reserves the right to introduce new rules and regulations on grounds of legal requirement or for the safety or security of good management of the Harbour or Pool and to amend its Rules and Regulations as and when necessary. Any new regulations and any amendments to regulations will become effective as soon as they have been notified to the Owner in writing or via email.
11.3 The Trust reserves the right to exercise its discretion as to when and how and whether to enforce the provisions of this Licence (including the Rules and Regulations) against any other boat owner and does not undertake with the Owner to do so.

12. DISCLAIMER

12.1 Any person using any part of the Harbour or its facilities for whatever purpose and whether by invitation or otherwise does so entirely at their own risk except for any loss, damage or injury resulting from negligence or deliberate act on the part of the Trust or any person for whom the Trust is responsible. You must take extra care during inclement weather.
12.2 The Owner undertakes to bring the contents of this clause to the attention of his family and visitors.

Rules and Regulations

1. Safety

1.1 The Owner must ensure that there is a valid Boat Safety Certificate issued by the Canal and River Trust in force in respect of the Boat at all times and on request the owner shall furnish the Trust with legible copies of the current certificate
1.2 The Owner must maintain and equip the Boat so as to comply with the requirements for obtaining a Boat Safety Certificate at all times.
1.3 Fuel spillage must be notified to the Harbour Office or the Trust immediately.
1.4 All waste oil, contaminated fuel and empty gas cylinders must be removed from the Harbour and disposed of at appropriate site. Under no circumstances must they be left anywhere within the Harbour or the University Campus.
1.5 The Trust may board and enter the Boat (by force if necessary) to carry out any emergency work on the Boat without prior notice to the Owner if in the Trust’s opinion such work is necessary for the safety of the Boat or the safety and/or convenience of the other Harbour users or visitors. The owner must pay the Trust’s reasonable charges for such work on demand.
1.6 No dangerous, inflammable, poisonous or noxious substances, spirits, oil or petrol or other inflammable fluid may be brought into the Harbour or stored on the Boat except in properly secured containers expressly designed to contain such substances against leakage.
1.7 The Boat must be berthed by the Owner in such a manner and in such location as the Trust may require. All necessary warps and fenders must be provided by the Owner and the Owner expressly undertakes and agrees to ensure that the Boat is properly and safely secured and attached to the pontoon or jetty at all times. In particular it is the responsibility of the Owner to check the security of the warps and to replace them when necessary.
1.8 The Owner must comply with all reasonable instructions of the Harbourmaster in connection with all matters relating to the safe and efficient operation of the Harbour and the Pool.
1.9 The Owner must navigate and control the Boat in the Harbour and the Pool at all times in a seamanlike manner so as to cause no danger, damage or inconvenience to any other person or boat. In particular the Boat must proceed at a speed which is safe in relation to prevailing conditions and must at all times comply with any speed restrictions displayed from time to time within the Harbour or otherwise notified to the Owner.
1.10 BBQs are not permitted on board, on the Pontoons or on the University Campus.
1.11 You must not tamper or interfere with any lifesaving and firefighting equipment. Such equipment is for emergency use only. If you have cause to use such safety equipment, you must notify the Harbour Office as soon as reasonably practicable.
1.12 You must not leave any equipment or other items (including cables or rope) on or around the Pontoons, Jetty’s or mooring fingers that could represent a trip hazard.

2. Environment

2.1 The Owner must not operate or permit to be operated any engine generator, other machinery, radio or any other aparatus within the Harbour so as to cause any noise nuisance, annoyance or inconvenience to other Harbour users or any person residing or working in the vicinity of the Harbour. The Owner further undertakes and agrees for him/herself, his/her family and visitors using the Boat and the Harbour facilities, that they shall behave in a considerate manner and in such a way as to cause no nuisance, annoyance or inconvenience to any other users of the Harbour and Pool.
2.2 The Owner understands and agrees that the Trust has the right to require the Owner, his/her family and visitors to leave the Harbour forthwith if any of them shall fail to observe these regulations upon being requested by the Harbourmaster to do so.
2.3 The Owner must ensure that at all times halyards, flags, banners and other items attached to the Boat are secured so as not to cause any noise nuisance, annoyance or inconvenience to other Harbour Users.
2.4 Refuse must not be thrown overboard or left on the pontoon or jetties or anywhere else within the Harbour and must be disposed of in the appropriate refuse bins or removed entirley from the Harbour.
2.5 Oil, fuel, tar, paint, sewage and other similar noxious substances must not be discharged into the water but must be removed from the Harbour. Emptying of contaminated bilges overboard is strictly prohibited. Where automatic bilge pumps are installed the Owner must ensure that the bilges are kept free of oils and other substances or the bilge pumps disconected. The Owner will be responsible for the cost of cleaining up any oil spilage within the harbour or Pool for which he or she is responsible.
2.6 Animals may only be brought into the Harbour provided that they are at all times kept under the control of the owner. Dogs must be kept on a leash and must not cause any inconvenience in the form of noise or fouling of the Harbour, Pool or University Campus. Insofar as is reasonably practicable animals must be kept aboard the Boat at all times. The Trust reserves the right to require the Owner to remove any animal from the Harbour without prior notice.
2.7 The Owner shall not erect any washing line on the Boat or within the Harbour or allow any washing to be displayed on the exterior of the Boat.
2.8 Sea toilets must not be used within the Harbour and all chemical toilets must be emptied at appropriate toilet waste disposal facilites and not in the Harbour toilets.

3. Work on the Boat

3.1 No work other than minor running repairs or minor maintenance of a routine nature may be done on the Boat, gear, equipment or other goods while on the Harbour without the Trust’s prior consent.
3.2 Prior consent will not be unreasonably witheld where the work will not cause nuisance, or annoyance to any other customers or in any way damage or deface the Harbour or Pool, or detract either temporarily or permanantly from the ambience of the Pool’s environment.
3.3 No work may be carried out on the Boat or in the Harbour so as to cause nuisance, annoyance or inconvenience to other Harbour users or visitors or damage to other boats. In particular the Owner must ensure that the minimum of dust is casued when cleaning or maintaining the Boat or as a result of any other operations.
3.4 The Owner must ensure that all the waste materials are cleared daily after work on the Boat and removed from the Harbour, Pool and University Campus. If any such waste is not removed the Trust will be entitled to remove it and charge the owner for the costs incurred.
3.5 The Owner, his/her crew, members of his/her family and any person carrying out work on the Boat are responsible for reporting all accidents involving injury to any person or damage to any public or private property that occur in the Harbour or on the Pool to the Harbourmaster as soon as possible after they occur.

4. Insurance

4.1 The Owner must maintain in full force and effect public liability insurance for the Boat and any other property in the care, custody or control of the Owner in an amount of at least £3,000,000. Such insurance must be effected with an insurance company of repute, and must include cover for salvage and wreck removal and for such additional risks as the Trust may from time to time reasonably require.
4.2 The Owner on request shall furnish the Trust with legible copies of the current insurance certificate and policy of insurance together with a receipt for the last premium paid.

5. Use of the Harbour and Pool

5.1 Water skiing, speedboats, hydro-planing, jet skiing and swimming are prohibited within the Harbour.
5.2 A maximum water speed limit of 3mph must at all times be observed within the Harbour and Pool.
5.3 The Owner is not permitted to construct or complete the construction of any Boat with in the Harbour or to employ anyone elso to do so without the prior written consent of the Trust, which may be granted or refused by the Trust at its absolute discretion.
5.4 Before temporarily removing the Boat from the Harbour for any period in excess of 14 days the Owner must notify the Harbourmaster of the intended period of absense and the anticipated time and date of return.

6. Use and Maintenance of the Boat

6.1 The Boat must be moored in the Berth allocated by the Trust from time to time and must not be moored elsewhere in the Harbour without the Harbourmaster’s prior agreement.
6.2 The Owner must maintain the Boat in good and clean condition and ensure that it is able to proceed under its own power at all times.
6.3 Boat dinghies, tenders, life rafts, life rings and all other equipment stored on the outside of the Boat must be made as secure as possible and where practical, clearly marked with the Boat name.
6.4 No parts of the Boat or other equipment, dinghies, gear fittings, supplies, stores or similar items may be stored or left upon the pontoons, jetties, car parks or otherwise within the Harbour without the harbourmaster’s consent.
6.5 The Boat may be covered with a properly fitted cover or tarpaulin. Plastic sheeting and loose sheets and tarpualins may only be used as a temporary expedient with the Harbourmaster’s consent, which will not be unreasonably withheld.
6.6 If requested the Owner must deposit keys with the Harbourmaster giving full access to the interior and locks of the Boat including engine keys.

7. Electricity

7.1 The Trust does not guarantee an uninterrupted, continuous supply of electricity as power cuts and breakdowns are not within its control.
7.2 Connecting to our electricity supply is subject to our standard charges, which may be reviewed by us from time to time. We reserve the right to disconnect electricity where charges are outstanding.
7.3 Connection to our electricity supply is at your own risk. We do not accept liability for any loss or damage caused by connecting to our electricity supply.
7.4 If you choose to connect to our electricity supply, you must do so safely and carefully. Connectors, cables and other electrical equipment shall be approved by the Harbourmaster and must be maintained and in good safe working order at all times.
7.5 Overloading and/or electrical faults can cause trips to activate. Immediate reconnection may not be possible, particularly outside normal office hours.
7.6 You must connect to the supply associated with the designated Berth only and not to another supply. Supply is for the Boat only. Shared supply is not permitted.
7.7 You agree to fully indemnify the Trust and keep us fully indemnified against any loss, damage or cost associated with your use of the electricity supply.

8. Car Parking and Access

8.1 Visitor car parking may be possible and is chargable, however as parking provision is limited the Trust does not guarantee the availability of vehicle or trailer parking at all times. Vehicles must be registered to park in advance of arrival.
8.2 All vehicles must be parked within the designated car parking areas available to the Trust.
8.3 Vehicles may only be parked within the designated car parking areas when the Owner and/or members of his/her family are visiting the Harbour for purposes connected with the use or maintenance of the Boat.
8.4 All vehicles and trailers are parked at the sole risk of the Owner.
8.5 In no circumstances may any vehicle or trailer be parked on any grassed area or so as to obstruct the pontoons, roadways, slipways, access roads or any other areas within the University Campus.
8.6 The Trust reserves the right to remove any vehicle or trailer if the parking of the vehicle or trailer interferes for any reason with the activities or the convenience of users of the Harbour, Pool or University Campus or has an adverse effect on safety or the environment. The Trust reserves the right to charge the owner for the reasonable costs incurred in moving or storing any vehicle or trailer.
8.7 When using the access roads and car parking areas within the University Campus used in common with the University and others the owner must comply with any direction given by the University or anyone acting on its behalf.
8.8 No tent, caravan (motor or trailer) or other vehicle adapted or designed for sleeping may remain in any part of the Harbour without the prior written consent of the Trust.

9. Other Regulations

9.1 The owner must observe the Bye-laws of the Canal and River Trust and all other rules or regulations affecting the Harbour or Pool statutory or otherwise.
9.2 The owner must at all times comply with the reasonable directions of the Harbourmaster regarding the use of the Harbour.