Terms and Conditions

You “the owner” have agreed to enter into a contract with BoatYard Bonaire. By entering into this contract with the company you will be bound by these terms and conditions. Please read these carefully and ensure you have understood them fully.

Definitions:
The “company” means BoatYard Bonaire. The “owner” means the individual who enters into the contract and is the owner of the
boat using the facilities of BoatYard Bonaire. Where the owner is more than one person, obligations of the owner under these general conditions shall be joint and several. The “vessel” means the narrowboat, GRP boat, cars and commercial vehicles.

Interpretation:
Al headings are for identification only and shall not form any part of a affect the interpretation of any clause.

1. Contract
1.1 The owner must notify the company in writing of the details of any change of name of the vessel or change of the owner’s name, emergency contact details,
address, email address or telephone number. Unless the company has received any notification of any change of details, the details on file will be deemed to be
up to date and correct.

2. Liability, indemnity and insurance obligation
2.1 This agreement is for dock or storage only. Space and other BoatYard facilities are to be used at the sole risk of the owner and their guests. The company is not
responsible for theft or damage of any kind of to boat, contents, gear or equipment.
2.2 No warranty is expressed or implied, as to condition of docks, walks, ramps,
depth of water or other BoatYard facilities. The company is not responsible for
injuries to persons or property occurring thereon.
2.3 The owner shall indemnify the company from and against all actions, claims,
proceedings, expenses and demands made against the company by third parties
in respect of any damage of liability caused by or arising from the willful act,
neglect or default by the owner and or any person acting for or on behalf of the
owner.
2.4 The owner agrees that they are financially responsible for damages that occur to
any BoatYard facilities by themselves or their guests.
2.5 The owner will provide insurance for loss or damage to their vessel and holds the
company harmless from subrogation claims of the owner’s insurance company.
2.6 Regarding lifting of boats, the company will assume that prior to any vessel lift
operation by the company, the vessel has been insured for any lifting and storage
at the company BoatYard.

3.0 Fees
3.1 All payments made to the company are inclusive ABB or such other tax
required to be paid by law at the rate for time being in force. All bank costs
are for vessel owner.
3.2 The owner is responsible for all removal of rubbish/detritus from around the
vessel. No vessel movement will be made until the site around the boat is
clear. Company employees will check the site and report that it is clear to the
company office. A minimum charge of $ 50,00 will be incurred should
company employees have to clear your site.

4.0 Animals on vessels
4.1 Animals on vessels or BoatYard are not allowed.

5.0 Disposal of refuse5.1 Any domestic waste shall be disposed of in the receptacles provided by the
company or by removal from the yard by owner.
5.2 The owner will not dispose of motor oil, paint, or any other lubricating,
cooling or fluid substances in boatyard skips, in the bridgewater canal, or in
the ground whether or not in containers. All of these liquids must be disposed
of off–site of the company by the owner. Or oil can be disposed in oil reservoir
at yard.
5.3 The discharge of any form of liquid pollutants, including polluted bilge water
or liquids from any other type of container from the vessel onto the yard or
bridgewater canal is forbidden.
5.4 No chemical toilets are to be emptied within the owner’s facilities.
5.5 The owner should immediately report any accidental spillage of oil, paint or
any other pollutant to the company during office hours. The owner should
also take such steps as are reasonably practical in the circumstances to
minimise the spread of the pollutant and to warn other users of the BoatYard
of the problem.
5.6 Any costs associated with any clean up of spillages will be charged to the
owner.
5.7 The owner is responsible for all removal of rubbish and detritus from around
the vessel. A minimum charge of $ 50,00 will be incurred should the company
have to clear the site.

6.0 Health and safety and fire precautions
6.1 The owner shall take all necessary precautions against the outbreak of fires
upon their vessel. The owner shall provide and maintain in good working
order the minimum number of fire extinguishers as required by boat safety
regulations.
6.2 The lighting of open fires or barbeques or the use of fireworks on company
property is strictly prohibited.
6.3 The company is not responsible for the owner’s tools, equipment, unsecured
dock lines, power cords of fenders. All tools, ladders and equipment
belonging to the owner will be assumed by the company to be fit for purposeand the company cannot be liable for any accidents or injuries caused by use
of equipment belonging to the owner.
6.4 Electric cables shall be placed in such a way as not to cause nuisance or
danger to persons and will be tidely fastened.
6.5 Persons under the age of 16 years, invited to the company property, by the
owner are the sole responsibility of the owner and must remain under the
owner’s supervision at all times. They must not be allowed to cause a
nuisance to any other user at the company.
6.6 Any ladders in use around the vessel are to be securely tied to the vessel at all
times.
6.7 Charging of batteries only when the owner is present.
6.8 The owner is not allowed to (re)move any shocks or stands.

7.0 Storage of gear
7.1 No fittings, equipment, supplies, stores or any other property belonging to
the owner shall be stored or left on company property other than with prior
permission obtained from the company management.
7.2 Any equipment, supplies and materials removed from the vessel and not
stored securely in the vessel must be clearly marked with the name of the
vessel.

8.0 Prohibition of nuisances
8.1 No noisy, noxious or objectionable engines, radios or other apparatus or
machinery shall be operated so as to cause a nuisance or annoyance to the
company or to any other users of the company yard. The owner is responsible
on behalf of themselves and any visitors.
8.2 No tampering with, theft of, removal of or damage to any part of the
company’s premises, apparatus and/or facilities will be tolerated. This also
includes antisocial behaviour and physical or verbal abuse towards costumers
and staff at the company. Immediate termination of this contract will occur
and criminal prosecution may be instigated. The owner shall be required to
move his vessel from the company property immediately and will not be
entitled to any refund of monies paid.
8.3 The company will not tolerate anti–social behaviour or inappropriate conduct
by owners or their visitors towards other owners or company staff including
but not limited to misuse or abuse of alcohol or drugs on company premises.
Serious offence or infringements against this requirement may be reported to
police authorities for appropriate action and may also result in the removal of
the owner and the owner’s vessel permanently from the BoatYard with all
costs to be added to the account of the owner.

9.0 Sale of vessel
9.1 Within seven days of any sale or transfer of any vessel, the owner shall notify
the company in writing of the name and address of the purchaser or
transferee as the case may be. If the new owner intends for the vessel to
remain on the company BoatYard the new owner is to sign the company
terms and conditions and arrange for rent to be paid.

10. Rights of the company to move vessels
10.1 The owner hereby authorizes the company to move their boat to any other
space at any time when deemed necessary.
10.2 The company also reserves the right to move and/or enter any vessel on the
BoatYard if, in the company’s opinion, it is necessary to do so for the purpose
of trying to:
* Avoid damage to the vessel or to any other vessel on the yard;
* Ensure the safety of other users of the yard;
* Ensure the safety of the company’s staff, premises plant or equipment.

11. Sandblasting by the company
11.1 In no event will BoatYard Bonaire be liable for any loss or damage including,
without limitation, indirect or consequential loss or damage to the hull or
inside cabin, or any loss or damage whatsoever arising from sandblasting. By
bringing your boat to BoatYard Bonaire for sandblasting, BoatYard Bonaire
will assume that you have ascertained that the thickness of any material has
been checked and is sufficiently thick to accept sandblasting. BoatYard
Bonaire accepts no responsibility for any problem(s) resulting from the failure
by the costumer to having checked the thickness of the hull in advance.

12. Care of BoatYard property
12.1 No alternations may be made to any part of the company’s property unless
with the company’s prior written approval. The company reserves the right to
remove and to charge the owner for the costs of any reasonable works
carried out by company to reinstate any unauthorized alternation made by
the owner.

13. Lifting of boats
13.1 The company will assume that prior to any boat lift operation through the
company the vessel is insured and that the owner can procedure policy on
request.
13.2 The company will not be responsible for any breakages or damage occurring
inside or outside of the vessel during lifting by the lift and it is the owner’s
responsibility to secure any movable and/or breakable items inside the vessel
prior to lifting.

14. Additional regulations rules and notifications
14.1 The company reserves the right to amend these general conditions and/or to
introduce other specific rules and regulations which are necessary for the
efficient and effective running of the company. Such amendments and rules
and regulations shall become effective on being displayed in company,
chandlery or in any other prominent place in the company’s office.
14.2 The owner further undertakes to abide by any reasonable instructions issued
by the company.

15. Restrictions of service and facilities
15.1 The company will not be liable to the owner in the event of a temporary
failure of any of the facilities or service at the company due to a reason not
within the company’s control but agrees to use it’s reasonable endeavours to
ensure that the effected facilities/services are repaired as soon as possible.

16. Vehicle parking
16.1 Owners and any invited guests must observe a 5 mph speed limit when
driving on any part of the company property.
16.2 The owner has the right to park one vehicle on the owner’s property if there
is enough space.
16.3 Owners and guests must park their vehicle as directed by the company in or
outside the yard.

17. General
17.1 The headings in these General Conditions are for convenience only and shall
not affect its interpretation.
17.2 The company shall not be liable for any failure or delay in performing any of
its obligations under this contract caused by circumstances beyond its
control.
17.3 This contract, and any specific rules and regulations introduced by the
company constitute the entire agreement and understanding between the
company and the owner with respect to all matters referred to within it and
shall supersede any previous agreement(s) between the parties in relation to
the matters referred to in the general conditions.
17.4 The owner agrees to all terms and regulations as set forth in the agreement.
Failure by the owner to comply with the terms and conditions as stated, or
with the company’s rules and regulations will entitle the company to
terminate and cancel this agreement with no refund.
17.5 Storage of the vessel is “only” storage. All requested additional work will be
charged to the owner of the vessel.
17.6 For every vessel on the BoatYard it is obligatory to pay for storage by the
owner.