ESC Moorings

 
 
Martin Scivier

Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force.

DEFINITIONS

Definitions used in documents controlled by the Mooring Committee are as follows:

The Club refers to Eling Sailing Club

Harbour Facilities shall be limited in meaning to those facilities, including moorings, which are managed by The Club.

A Mooring Holder or Berth Holder is a full member of The Club who has entered into a contractual agreement to lease a mooring managed by The Club.

A Mooring is any facility that has been allocated as the location at which a vessel may be left tethered and unattended by right of lease from The Club through a Mooring Agreement. The generic term Mooring applies to Berths and Moorings.

A Temporary Mooring is a mooring allocated on a short-term basis to a club member.

A Borrowed Mooring is a mooring normally used by one member (mooring or berth holder) but temporarily allocated to another member because the incumbent berth holder has agreed:

  • he or she does not need that mooring at that time
  • that another member may use the mooring to facilitate a specific event or outcome

Wall Berth - A berth between piles fronting to the quayside.

Mud Mooring   - A mooring within Eling Harbour on a drying bed, of mud or aggregate either set between for and aft piles or fixed between trot wires.

Deep Water Mooring - A swinging mooring outside Eling Harbour on deeper water that is unlikely to have a depth of less than 1m (LAT).

Deep Water Tender Mooring - A mooring between for and aft buoys on the seaward side of the scrubbing hard.

An active vessel is a vessel that is participating in either of the following activities:

In regular use as a vessel navigating Southampton Water
Being refitted or repaired

A resting vessel is a vessel normally active but temporarily and by agreement with the Mooring Master, left moored and unattended for more than three months.  Reasons for this inactivity should be reasonable and usually unforeseen or outside the owner's control.

A Sanction is a requirement for a member to explain his or her conduct, and in some circumstances this may incur a penalty.

An Excess Charge is a charge on a member in addition to his or her annual membership and or mooring fees, levied for an excessive use of one or more facilities.

A Default Charge is a charge on a member in addition to his or her annual membership and or mooring fees, levied for an inappropriate use of one or more facilities in contravention of a Harbour Bylaw or recommendation.

An inactive vessel is a vessel which, for whatever reason, has been left inactive for more than six months.

Reserved Rights -  A member's reserved rights are defined in his or her annual mooring agreement. These rights were conferred because the member had an established situation prior to the current rules and or bylaws coming into force.  Such rights may be the security of tenure on a particular mooring, the tariff for that mooring, the size of boat allowed if outside the Club's agreed limits, the use of private chains, a position on the MAWL, etc.

MAWL - Mooring Allocation Waiting List. This is a list, now closed to new entries, of members who had participated in a seniority scheme to await beneficial moorings.

 

 

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CHARGING STRUCTURE FOR ELING SAILING CLUB

HARBOUR FACILITIES 

This charging structure will be reviewed annually at The Club AGM.

CHARGING STRUCTURE 

MEMBERS
 

26ft          Wall Berth                                                            £/pa 

30ft          Wall Berth                                                            £/pa

Deep Water Mooring                                                           £/pa                                    

 26ft       Mud Berth                                                             £/pa

 30ft       Mud Berth                                                             £/pa

Sailing Dinghies (boats less than 5.4m in length)                    £/pa 

Chain rental                                                                         £/pa

Borrowed Moorings                                                                           

A charge will be levied for borrowed moorings for arrangements that exceed one calendar month.  The charge accrued will be:

For Wall Berth Holders                                                       £Nil.

For Deep Water Mooring Holders                                      £5 per month

For Mud Mooring Holders                                                  £5 per month

Excess charge *                                                             £5 per day

* Compound Pontoon, Clubhouse Pontoon, Derrick Berth, Scrubbing Berth, Drying Wall.

(Mooring without Prior Agreement / over stay)

No charge will be levied to Mooring Holders for borrowed moorings on an initial short-term arrangement made with the Mooring Committee. A charge may be levied for borrowed moorings or club facilities for any arrangements that were not agreed by the Mooring Committee. 


The storage for vessels on hard standing will be charged as follows: 

·        For Mooring Agreement holders, in addition to their normal annual mooring fee:

o       25% of their annual mooring fee for the first lift period P1

o       50% of their annual mooring fee for the second lift period P2 

o       For each month thereafter one twelfth of the annual mooring fee

 

·        For vessels not subject to an ESC mooring agreement: 

o       125% of the annual mooring fee for a 30’ wall berth

o       One twelfth per month or part month, payable six monthly in advance. 

o       A pro rata rebate will be paid if a vessel is removed prior to a six monthly period coming to an end.

Use of the Clubhouse Pontoon will not be charged to Mooring Agreement Holders for stays not exceeding 24 hours. 

Use of the Drying Wall will not be charged to Mooring Agreement Holders for stays not exceeding 7 days 

Use of the Derrick Berth will not be charged to Mooring Agreement Holders for stays not exceeding 24 hours 

Removal of trailers/cradles left stored without consent within club premises will be charged at up to £50 per item removed.

Removal of other equipment stored without consent within club premises will be charged at cost.   

Use of the Mast Rack for the mast(s) associated with their moored vessel is not chargeable for Mooring Agreement Holders. For other masts the charge will be agreed with the Mooring Committee. 

The Mooring Master will advise members of costs in advance for per occasion items such as Lift of a vessel or the hire of specific equipment. 

 

VISITORS

See Harbour Bylaws of the Club     (4.4*1 ) 

A charge of £5 per short stay or per overnight will be payable by visitors mooring on any club mooring or pontoon.  This charge should be collected at the club bar or by donation to an honesty box.

A charge of £5 per day (or part thereof) will be payable by visitors using the Scrubbing off Berth or the Drying Wall.

By agreement with the Mooring Master and provided sufficient trained club members are available to operate the facility, the Derrick facility may be made available to visitors at a charge of £20 per occasion.  

Visitors may use electric shore power connection upon purchasing an electricity card.

Water is available to visitors who have paid the visitor berthing charge.

 

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Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force.

TERMS AND CONDITIONS OF MOORING AGREEMENTS

1
*To be eligible to lease a mooring a member must be a full voting member of The Club.
 
2
The Club shall offer each mooring holder a mooring agreement.  This agreement entitles the mooring holder to moor the named vessel at that berth/mooring for the period specified in the mooring agreement.  The agreement shall contain details of the vessel relevant to the moorings suitability.
 
3
The Club reserves the right to rearrange moorings on the annual renewal of Mooring Agreements* to achieve a more suitable distribution of boats with regard to:
  1. Type
  2. Mooring suitability
  3. The general safety of the vessels moored
  4. Improving the stewardship of the mooring stock
  5. Recognised special needs of the member
 
4
If a member does not have a suitable vessel when a mooring is offered then the member may accept the offer but the Mooring Agreement shall contain no vessel details.  The mooring may then be used as a Temporary Mooring until the Mooring Agreement is amended to include details of the named vessel. 
 
5
Payment of the mooring fee specifically for a named mooring constitutes a members acceptance of the terms of the Mooring Agreement.  Acceptance of a Mooring Agreement binds a Member to these Terms and Conditions.
 
6
Acceptance by the club of the mooring fee constitutes a mooring agreement with the member.
 
7
Proof of insurance must be produced when a Mooring Agreement is first issued. Upon subsequent renewals of the mooring agreement the member must return the annual payment in advance along with a signed declaration of valid insurance including policy number, the name of the insurer and the next renewal date.  Documentary proof of insurance must be produced if required by the Mooring Committee and failure to do so may result in the application of Sanction 1 leading to the possible termination of the agreement and or immediate removal of the vessel.
 
8
A mooring agreement will be automatically offered for renewal unless the mooring has been deemed not to have been used in the best interests of sailing, or has been used in a manner prejudicial to the rights and interests of other mooring holders.
 
9
A mooring agreement will be referred to the club committee for review and possible termination if:
      1. The mooring is occupied prejudicial to the rights and interests of other club members
      2. The mooring is occupied by an inactive vessel
      3. The vessel, its ownership, or any of the listed details change or are found to be incorrect
      4. The vessel and or the mooring holder are deemed to be bringing the club into disrepute
      5. The mooring holder has behaved in a manner inconsistent with the rules of the club and has, after review by the committee, become the subject of Sanction 4.
 
10
Should a mooring agreement be terminated then the mooring must be vacated within six weeks of the termination of the agreement or incur a penalty charge.
 
11
Any vessel occupying a mooring, stored ashore, or taking part in any club event shall be insured on renewal for third party liability for the minimum amount agreed at the AGM for that year.
 
12
Any changes of details must be notified to the Mooring Master in advance.  Providing that the changes do not render the boat unsuitable for the allocated berth, or break any other club rules or bylaws; then the agreement will be amended.
 
13
Club moorings may only be occupied by the vessel named in the mooring agreement unless:
      1. A borrowed mooring arrangement is in force
      2. The mooring committee have agreed an interim arrangement
      3. The occupying vessel is a visitor and the Mooring Holder is absent with the named vessel for the time concerned.
 
14
Members using club moorings and associated facilities do so at their own risk.  They are responsible for the safety of their vessels at all times and the integrity of its attachment to the club mooring equipment. 
 
15
Each member is responsible for any damage caused by their vessel to other vessels, property, or club equipment. 
 
16
Neither the club nor its officers or members shall be held responsible for any damage or injury arising out of the use, by a club member or his / her family or guests, of the club moorings or pontoon facilities. 
   
17
Members who enter into an agreement to become Mooring Holders are deemed to have agreed to abide by the HARBOUR BYLAWS OF THE CLUB.
 
18
Mooring Holders are deemed to have agreed to accept the requirement for Sanctions and to comply with any Sanction imposed upon them, provided that:
      1. They are allowed a hearing to state their case before The Club committee.
      2. They are allowed a hearing under the Grievance Proceedure.
 
19
All boat legs and their fixings and mountings and mooring aids must be constructed so that they will not cause damage to other vessels with which they may come into contact.
 
20
Members allocated a temporary or borrowed mooring may be required to remove their vessel to another temporary mooring at short notice; usually within 14 days of being asked to do so.
 
21
The Club allocates temporary moorings with no obligation to renew the Mooring Agreement.
 
22
Trailered boats and RIB’s will be allowed 7 days grace per calendar year before incurring the mooring charges.  This period of grace applies to the Member operating/owning the vessel and will run from Membership renewal date for one year.  This period of grace will not be deducted from any subsequent annual Mooring Agreement charges. 
 
23
To enable timely notice of any issue affecting their moored vessel, Members with a Mooring Agreement shall provide a contact telephone number that they agree shall be available to all members by its listing on the Mooring Committee Notice Board.  Members who do not wish to provide this information accept that their vessel may be moved, secured or made safe by any member of the club in trying to correct an unsafe situation, and that the owning member shall accept that neither The Club nor the member(s) involved in such action shall be liable for any damage caused to or by their vessel during such reasonable actions; provided the members acted in good faith and within their own competencies as adjudged by the Flag Officers of The Club.   
 
 
CHARGING STRUCTURE
   
24
Members will be charged on an annual basis at the rate agreed at the club AGM and defined within the CHARGING STRUCTURE FOR ELING SAILING CLUB HARBOUR FACILITIES (CSESC)
 
25
Moorings offered after the 31st of March in any year will be charged pro-rata for the remainder of that year.
 
26
Sailing Dinghies (boats less than 5.4m in length) will be charged the dinghy storage fee as defined within the CSESC.
 
27
Motor boats and RIBs will be charged at the rate equivalent to the nearest suitable mooring size for the boat concerned as defined within the CSESC.
 
28
Charges for Chain rental will be added to the annual mooring fee
 
29
Charges for vessels, operated by full voting members of The Club, moored temporarily without a formal mooring agreement will be levied pro rata at a rate equivalent to the rate for the type of mooring.
 
30
The storage for vessels on hard standing shall be as defined within the CSESC.
 
31
No charge will be levied to Mooring Holders for borrowed moorings on an initial short-term arrangement made with the Mooring Committee. A charge may be levied for borrowed moorings for any arrangements that were not agreed by the Mooring Committee.
 
32
A charge will be levied for borrowed moorings for arrangements that exceed one calendar month.  The charge accrued will be as defined within the CSESC.
 
33
Use of the Scrubbing Off Berth will not be charged to Mooring Agreement Holders for per occasion use not exceeding 48 hours but periods in excess of this will be charged at excess charge rates.
 
34
Use of the Compound Pontoons will not be charged to Mooring Agreement Holders for stays not exceeding 48 hours but periods in excess of this will be charged at excess charge rates.
 
35
Use of the Clubhouse Pontoon will not be charged to Mooring Agreement Holders for embarkation/disembarkation.  The recommended maximum stay of 24 hours on this pontoon should not be exceeded and excessive time spent on this pontoon will incur a default charge at the rate of double the rate for the Compound Pontoon.  Vessels unable to vacate the pontoon because of tidal/weather conditions may be excused the default charge for up to 48hours, but such exceptions will be logged and upon exceeding 14 days accumulated within a membership year further default charges will be applied regardless of tidal conditions.
 
36
Use of the Drying Wall will not be charged to Mooring Agreement Holders for per occasion stays not exceeding 7 days but periods in excess of this will be charged at visitor rates.
 
37
Use of the Derrick Berth will not be charged to Mooring Agreement Holders for stays not exceeding 48 hours but periods in excess of this will be charged at visitor rates.
 
38
The Mooring Committee may remove and levy a penalty charge to the owner for:
      1. Unused trailers or cradles stored without permission within the pound.
      2. A tender that does not comply with Bylaw 4.1
 
39
Removal of other equipment stored without consent within club premises will be charged at cost.
 
40
Use of the Mast Rack is not chargeable for Mooring Agreement Holders.
 
41
The Mooring Master will advise members of costs in advance for per occasion items such as Lift of a vessel or the hire of specific equipment. 
 
42
Charges will be levied up to the levels stated within the CSESC but in exceptional circumstances the Mooring Committee may waive charges or part charges in the interests of The Club and or an individual member.  Wherever this occurs the decision will be recorded in the minutes of the Mooring Committee Meetings with a full explanation of the reasons the charges have been waived or reduced and the strict time period for which this applies.
 
43
The use of any facility that falls within a chargeable category of excess charges or default charges will become an accrued cost to the member and will be added to their next annual membership and mooring fee invoice unless explicitly paid as a separate payment.
 
44
Should a Mooring Agreement be terminated then the mooring will be treated as a visitor mooring for charging purposes from the date of termination of the Mooring Agreement and the member or ex member will be charged accordingly for the period between termination of the agreement and removal of the vessel.
 
45
The Mooring Committee will log all accrued costs/charges.  Notification of these charges will be by annual invoice only.
 
46
All charges are payable on demand. The Mooring Master will advise members of costs in advance for per occasion items such as Lift of a vessel or the hire of specific equipment.  If fees due to the club become overdue the mooring agreement may be terminated. Failure to pay the agreed fee by the due date will normally result in the forfeiture of the mooring. 
 
47
All payments should be made by cheque to the Treasurer and made payable to the relevant Club account.

* Excepting where reserved rights are claimed by the member and recognised by The Club.

These Terms and Conditions are subservient to Section 12 of the Club Rules.  They may be amended as required by the Club Mooring Committee upon giving 14 days notice to Members through the WEB site notice board and the clubhouse Mooring Committee Notice Board and the new or amended Bylaws displayed as addenda to The Harbour Bylaws and accepted into force until the next AGM at which they will be voted upon under Rule 11.10.  Bylaws passed after voting under Rule 11.10 shall be incorporated into these Bylaws, but if not passed, they will be rescinded immediately.

 

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HARBOUR BYLAWS OF THE CLUB 

 

1          SCOPE AND AIM OF BYLAWS

The scope of these bylaws is limited to the Harbour facilities managed by The Club.

The aim of these bylaws is to provide a framework of parameters that facilitate members of The Club to enjoy and utilise the facilities available within limits set to safely encourage boating, anticipating and minimising conflicts of interest whilst maintaining a fair and flexible approach to all.

In setting out and maintaining these bylaws the Mooring Committee shall aim to assist members to achieve their goals within boating, but to avoid conflicts of interest this will also require the setting of restrictions. 

 

2          AUTHORITY

2.1 The authority for change or addition to any of these bylaws is the Mooring Master or his representative.  Changes will be promulgated as addenda to these Bylaws and incorporated in accordance with Rule 11.10 of the Rules of The Club. 

2.2 The Mooring Committee will test the decisions of the Mooring Master to ensure a just, fair and sensible approach in all of his/her decisions. In the event of intractable disagreement between the Mooring Committee and the Mooring Master the issue shall be put to the General Committee for guidance.

2.3 The Mooring Committee, as named on the Mooring Committee Notice Board, are empowered to advise members if they are in breach of these bylaws and to request that members comply with these bylaws.

 

3          FACILITIES OFFERED 

The harbour facilities offered by The Club shall be displayed on the Mooring Committee Notice Board within the clubhouse and on The Club WEB site.

 

4          RESTRICTIONS

This section of the bylaws is necessary to define the acceptable limits on a number of topics. It is intended to ensure that all members have an equal opportunity to enjoy their boating without prejudicing the enjoyment of others. If an issue has not been covered, this does not imply that it is therefore acceptable and in such cases the decision of the Mooring Committee will prevail, subject to appeal through The Club Grievance Procedures. 

Members are expected to respect the reasons for these restrictions and not to exploit loopholes or gaps for selfish purposes. 

4.1 The maximum size of boat that may be moored on moorings or berths managed by The Club is defined by the space available and the regulations in force from external harbour authorities on behalf of whom The Club manages mooring facilities. The current constraints are:

v     Wall Berth                                    9.5m loa

v     Mud Berth                                    9.75m loa

v     Deep Water Mooring                  By agreement of the Mooring Committee (BAMC)

v     Deep Water Tender Mooring    4.5m loa

These constraints may vary as the harbour facilities are developed but changes will be subject to EGM ratification because the maximum boat length is defined in Rule 12.1 of the Rules of The Club.

4.2 Maximum speed within the creek is limited to 4 Knots through the water.  This limits the disturbance caused by displacement wakes to a level unlikely to cause damage to other vessels. 

4.3 Third Party Insurance Liability will be set from time to time and declared in Mooring Agreement renewal forms and posted on the WEB site and on the Mooring Committee Notice Board.

4.4 Unforeseen events and general flexibility make it sensible to make allowance for unauthorised use of facilities.  However, the abuse of this allowance by any individual will invoke Sanction 1 and may result in withdrawal of the privilege for a time specified by the Mooring Committee.

  In all cases if the facility has been pre booked by another club member then the unauthorised use may not take place unless the affected members and the Mooring Master agree.

 

Compound Pontoon:   Mill end                                              

                                       Loading and unloading        1 tide / mooring by prior agreement

                                       Slip end

                                       Loading and unloading         1 tide 

                                   

Clubhouse  Pontoon:   Loading and unloading         Mooring by agreement     

                                  

                                     Details on chalk board                                                       

Scrubbing off berth                                                              1 tide                                   

Drying Wall                                                                            By agreement

Lifting Derrick berth                                                              By agreement

Visitor occupying a berth[1]                                            48hrs             

Borrowed mooring