Terms and conditions for a marina

A marina's annual berth holder is a customer for years, and the document that governs the relationship has to keep the berth a licence rather than a tenancy, collect the fees, insist on insurance and a seaworthy boat, and deal with the vessel that is left, unpaid for, at the end of a pontoon. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Marinas, boatyards and mooring operators in England and Wales offering annual berths, seasonal moorings, visitor berths, storage ashore and yard services, with berth holders who are mostly consumers and some businesses such as charter operators and boat dealers.

What matters in marina terms

A licence to berth, not a lease

The terms should grant a licence to use a berth or mooring for a named vessel for a stated period, keep your right to move the vessel to another berth and to access it, and make clear that no exclusive possession of any part of the marina is given. A business berth holder with exclusive possession under a lease could have security of tenure under the Landlord and Tenant Act 1954, which is not what a marina intends, and the practice on the pontoon should match the document.

Fees, renewal and price changes

The terms should state the berthing fee, when it is payable, what is included (water, electricity, parking, showers) and what is metered, and how the fee changes at renewal with notice. Against consumers a one-sided right to change the price without notice is unlikely to be fair under the Consumer Rights Act 2015. Non-payment should lead to suspension of services and, after notice, termination and removal of the vessel, with the costs recoverable.

Insurance, condition and the vessel

The terms should require third-party insurance for the vessel throughout, proof on request, and a vessel that is seaworthy, properly moored and in a condition that does not endanger others or the pontoons. You should have the right to require repairs or removal of a vessel that is sinking, leaking fuel or an eyesore, and to take emergency action at the owner's cost. Vessels, their contents and vehicles are at the owner's risk except where loss is caused by your negligence.

Abandoned and unpaid vessels

The terms should set out a process for a vessel left unpaid or uncollected: notices to the owner and any known interested party, continued charges, the right to move the vessel ashore, and, after a stated notice period, the right to sell or dispose of it and apply the proceeds to the debt. Against consumers that process must be fair and evidenced, and the terms should say so rather than assert a bare right to sell. Where a vessel is in your custody ashore you are a bailee, and section 12 of the Torts (Interference with Goods) Act 1977 gives a statutory power of sale after notice that the terms should follow.

Site rules, liveaboards and termination

The rules of the marina form part of the terms: speed, noise, working on vessels, fuelling, waste, children and dogs, and whether living aboard is permitted and on what conditions. The licence should end on its stated date or after notice from either side, immediately for serious breach, with the owner required to remove the vessel by a stated date. Business berth holders should be invoiced with interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A berth holder has stopped paying and the boat is still here. Can I sell it?

Only through the process in the terms: notices, a stated period, and a right to sell or dispose of the vessel and apply the proceeds to what is owed. The process has to be followed to the letter and documented, and you should take advice before the sale itself.

Can I move a boat to another berth without asking?

If the terms grant a licence to a berth of a stated type rather than a specific numbered berth, and reserve your right to relocate vessels for operational reasons, you can, with reasonable notice where practicable.

Do I need the owner to insure?

The terms should require third-party insurance as a condition of the licence and let you suspend or terminate where proof is not provided. An uninsured vessel that sinks at your pontoon is a problem for everyone.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a boat hire business
• Terms and conditions for a caravan park

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.