1. About these Terms
These Terms and Conditions apply to use of the Avenmere website and to enquiries submitted through it. The legal operator identified on the website is The Marina Club Limited, at The Marina Bar, Vauxhall Quay, Sutton Harbour, Plymouth, PL4 0DN. The company information supplied for this site is VAT ID: GB 339782904; Registration Date: 2016-05-15; Director's name: Katie Gilbert; E-mail: [email protected]; Phone: +44792731481.
The website is intended to provide information about seasonal and annual berth enquiries, yacht-care coordination and related marina-side service discussions. Submitting an enquiry is a request for information and review. It is not, by itself, acceptance of a berth, confirmation of availability or formation of a paid service contract.
2. Berth and yacht-care enquiries
A berth request may include yacht length, preferred region, requested period, contact information and a requested care scope. You are responsible for providing information that is accurate enough for the enquiry to be considered. If material details change, such as vessel dimensions, dates or service requirements, those changes should be communicated before any arrangement is confirmed.
Marina conditions vary by location, vessel and time. Avenmere therefore does not present a generic website selection as a confirmed berth. Any specific marina, berth conditions, availability, access arrangements, technical scope or operational limitations must be communicated for the individual request before they can form part of an agreed service.
3. Quotations, charges and payment
The website does not publish a universal berth price because charges can depend on vessel profile, stay period, selected location, marina requirements and the services requested. Where charges apply, the relevant fees, deposits, marina charges, third-party costs and payment conditions should be stated in the quotation, booking documentation or other written terms provided for the individual request.
You should review any quotation and accompanying conditions before accepting them. A payment should only be treated as due where the relevant documentation explains the amount, timing and basis for that payment. Nothing on the general website page should be read as replacing specific written commercial terms issued for an individual berth or service.
4. Service scope and third-party marina services
Yacht-care descriptions on the website refer to possible categories of support such as scheduled observations, arrival readiness and technical coordination. The exact scope depends on what is agreed for the relevant request. A general description does not mean that every check, repair, attendance or technical task is automatically included.
Some marina facilities or technical services may be supplied by third parties. Where that is the case, their availability, site rules, safety requirements or separate charges may affect the service. The company cannot turn a third party’s independent service into a guaranteed obligation merely by describing a coordination process on this website.
5. Owner responsibilities
The owner or authorised enquirer should provide accurate vessel details and disclose information that is materially relevant to berth suitability or the requested care scope. This includes avoiding misleading dimensions, access assumptions or dates. The vessel remains subject to the operational and safety requirements applicable at the relevant marina.
The website’s care descriptions do not transfer every responsibility for a yacht to the company. Insurance, statutory compliance, seaworthiness, crew responsibilities, navigation decisions and matters outside the agreed berth or care scope remain governed by the relevant owner obligations, applicable law and any specific contract or marina rules.
6. Cancellations and statutory rights
Where a consumer enters into a distance contract for services, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may provide cancellation rights depending on the nature and timing of the contract and whether the consumer has asked for performance to begin during a cancellation period. Any cancellation information relevant to an individual service should be provided with the booking or contractual documentation where required.
Nothing in these Terms is intended to exclude or restrict rights that cannot lawfully be excluded under applicable UK consumer law, including rights that may arise under the Consumer Rights Act 2015. If there is a conflict between these general website Terms and a mandatory statutory right, the statutory right prevails.
7. Website use and availability
You may use the website to review service information and submit genuine enquiries. You must not misuse the website, attempt unauthorised access, submit malicious code, interfere with normal operation or use the enquiry form for unlawful, deceptive or abusive purposes.
Website content may be updated as service descriptions and operational information change. We aim to keep the website useful and understandable, but temporary interruptions, maintenance or technical issues can occur. The website should not be relied on as an emergency maritime communication channel.
8. Liability and events outside reasonable control
Nothing in these Terms excludes liability where exclusion is prohibited by law. Subject to that principle, responsibility for any individual berth or service should be assessed by reference to the specific scope agreed, the information provided by the owner, the applicable marina conditions and the circumstances of the event concerned rather than a general website description.
Events outside reasonable control can affect marina access, berth availability, technical attendance or service timing. Depending on the circumstances, these can include weather, safety restrictions, port or marina directions, transport disruption, infrastructure failure or other events that cannot reasonably be controlled. Any effect on an agreed service should be handled under the specific contract and applicable law.
9. Governing law, changes and contact
These website Terms are intended for a United Kingdom-facing website. The law and jurisdiction applicable to an individual contract may depend on the consumer’s statutory protections, the relevant service documentation and the location or circumstances of the service. These Terms do not remove rights that apply compulsorily under law.
Questions about these Terms can be directed to The Marina Club Limited using the contact information provided on the website: E-mail: [email protected] and Phone: +44792731481. We may update the website Terms when the service process or legal requirements change; the current published version applies to use of the website from the time it is posted.