Mooring Application Form

Terms & Conditions

This agreement between the ‘Boat Owner’ and Careel Marine Services includes the terms and conditions listed.

Please read these conditions carefully as they form the body of this agreement.

• Careel Marine Services - ABN: 81 101 148 841
• Marina - the Marina property including all fixtures and fittings situated at 94 George Street, Avalon NSW 2107
• Boat Owner - Person/s listed above
• Boat - Boat listed above

1. Careel Marine Services licenses the Boat Owner the Mooring/Berth facility provided that such occupancy shall not be to the exclusion of Careel Marine Services. The Boat Owner agrees that he/she will not part with rights under this agreement without Careel Marine Service’s written consent and only the Boat is to occupy the Mooring/Berth.
2. Fees: The Boat Owner agrees to pay Careel Marine Services Mooring/Berth fees as negotiated and agreed upon. Fees are to be paid monthly in advance and where the Boat Owner arrives mid month, a pro rata rate will be calculated to bring the Boat Owner in line with the end of the month billing cycle. Mooring fees are non-refundable. Fees can be paid by direct deposit transfer or by credit card which is kept on file and automatically debited at the end of each month for the following month’s fees. Careel Marine Services will review the Fees annually and are entiltled to increase the Fees with one months’ written notice.
3. Mooring Bond: A $500 refundable Mooring Bond is payable for all permanent mooring customers. The Bond will be refunded upon termination of this agreement.
4. Termination of Agreement: The Boat Owner must give 30 days notice in writing, via email or fax when they intend to vacate the mooring.
5. Vessel Insurance: The Boat Owner must ensure that the vessel is fully insured. Proof of insurance is required upon taking up this Mooring Agreement and filed with Careel Marine Services. The Boat Owner agrees to forward copies of policy renewals via fax or email so files are kept up to date.
6. The vessel attached to the mooring must be registered or in survey at all times and display the registration number / label in the correct position.
7. The Boat Owner agrees to indemnify and keep indemnified Careel Marine Services against all losses, damages, costs, expenses claims, penalties, demands, actions or suits arising or resulting in any way from the Boat Owner’s use of the vessel. The Boat Owner also agrees to release and discharge Careel Marine Services from all actions, suits, claims and demands both at law or in equity and/or arising under any statute which the Boat Owner has or could, would or might but for this release at any time or times after the date of this agreement, the Boat Owner’s use of the Marina and/or the negligence of Careel Marine Services.
8. The Boat Owner acknowledges and agrees that Careel Marine Services is not responsible for damage due to fire, storm, theft, wind, ice, an act of God or the work of independent contractors nor are they liable for the loss or protection of the Boat or its accessories and the Boat Owner shall maintain adequate insurance inclusive of theft, damages and public liability.
9. Careel Marine Services may move and/or take control of the Boat in the event of an emergency at their own and sole discretion and at the Boat Owner’s risk and expense. Careel Marine Services will make all efforts to contact the vessel owner if such emergency arises.
10. Careel Marine Services shall not be responsible for injuries to persons or property occurring at the Marina.
11. The Boat Owner will be responsible for all damage to the Marina due to any act, or omission, by himself or his agents, contractors, employees or guests and will indemnify Careel Marine Services for the cost of repairs.
12. The vessel must be visually suitable for the area and maintained in a seaworthy condition (ie: capable of undertaking a voyage).
13. No tradesman or other workers (excepting owners and crew) may be engaged to work at the premises without first obtaining Careel Marine Services permission and must provide a copy of their current insurance policy at the office. There will be a negotiated fee for use of the tender and the facility. No construction, alterations or major repair work may be conducted on a vessel at its mooring unless Careel Marine Services and/or NSW Mari time have given approval.
14. Access: Careel Marine Services shall endeavour to permit the Boat Owner access to the Marina 24 hours per day, seven days a week.
15. Noise: Noise shall be kept to a level that does not encroach on the quiet enjoyment of others.
16. Vehicles: Any vehicles parked in the Marina carpark must park in the designated parking bays and park at the Owners risk. Careel Marine Services will not be responsible for cars parked inside or outside the Marina.
17. All garbage and recycling is to be placed in the dumpsters provided by Careel Marine Services. No hazardous waste, including old oil may disposed of in these dumpsters. Waste oil can only be disposed of in the waste oil container provided.
18. Boat owners must provide proper lines and fenders to accommodate boat handling and care.
19. The Marina and associated moorings may not be used for commercial enterprise.
20. Living on board the Boat when moored/berthed at the Marina is prohibited.
21. The Boat Owner agrees that default under this agreement is constituted by the Boat Owner failing to pay the Fees within 30 days of the due date for payment. In the event of default under this Agreement the Boat Owner agrees that Careel Marine Services may serve a letter of demand upon the Boat Owner at the address shown on previous page giving one (1) month to make full and final settlement of the outstanding fees. In the event that either the Fees are not paid in full, or an agreement for the payment is not made with Careel Marine Services, then Careel Marine Services is authorised by the Boat Owner to sell the Boat to recover the outstanding Fees and the Boat Owner irrevocably appoints Careel Marine Services as its attorney to take all steps necessary to sell the Boat. On default Careel Marine Services may also remove the Boat from the Marina and store the Boat elsewhere at the risk and expense of the Boat Owner. Careel Marine Services is entitled to recover all costs incurred by it in recovering outstanding fees, including, but not limited to, selling fees and legal fees.
22. Booking Fee: A $50 (non refundable) booking fee applies to all Mooring bookings, this fee will be deducted from final mooring fee invoice. If however you decide to not go ahead with the booking, you will forfeit any paid booking fee.