Am I getting a screwing from my marina? What to do? - Page 2 - The Hull Truth

08-10-2006, 10:37 AM

RussH, you've got some great opinions here along with all the garbage. I'd be really disappointed if I were you, I can empathize. If I were in your shoes, I'd put it down as lesson learned and move on. Either do what you can to salvage whatever season you have left or just write it off and look forward to a good, full year in the coming season. When dealing with your marina, just put a smile on your face and bear it.....it'll all pass and trust me, you'll be better off in the long run.

SEASWIRL PAUL · 08-10-2006, 10:39 AM

Hi Russ, Sounds like they ought to at least give you a partial refund. But, I don't know what the contract says.

On a positive note, I dock down the way at Winke's Landing. They do allow you to rent out your dock to others and they are more affordable than Bass Haven.

I wouldn't dock there anymore regardless of what the contract says.

Who is doing the transom repair for you? Just wanted to know so that I wouldnt have them do any repairs for me that ruin my summer. If you ask me the repair place and !ssHaven are being jerks.
There are so many open docks all over West Harbor that you are in no way stuck there.

I would demand AT LEAST a partial refund. If they don't tell them that you and 3 of your buddies will never dock there again....................I really don't know what other recourse you have. Sorry that I don't have any better advice. But, I'll be dammed that someone would use my slip. I'd go put anything in a spot and wouldn't allow anyone in the spot. Heck, I've got a 12 ft aluminum that you can put there. We
ll go on a rancid, beer drinkin, with gangsta rap playin right next to the marina...........they will really appreciate that!................................

08-10-2006, 10:39 AM

Quote:

Tireless - 8/10/2006 8:58 AM

WTF is all I can say! Reading this thread makes me wonder how any of y'all can tolerate living in the North.

Ohhhh, right Tireless. This kind of thing would NEVER happen in the "South"!

Gimme a break..... WTF is all I can say!

fairgame · 08-10-2006, 10:41 AM

Its not right. The marina is doing everything they can to make money and screw you if they need to do so and making it so with the contract. If you paid up front for the slip and you cant use it but they can rent it they should discount you all the money minus expenses and useage after it is rented to someone else, is the right thing to do. Doesn't mean they will do it and shame on people that expect to keep other peoples money for nothing. Sad thing is these days you can't do much of anything without having to sign something that will give someone else all the rights to rob you blind without you having the power to do anything about it. Might as well figure that money gone.

RI Builder · 08-10-2006, 10:44 AM

Quote:

Jimm - 8/10/2006 9:01 AM

So let me understand this - YOU cannot put another boat in YOUR slip but the MARINA can rent the slip to another boat. Sounds like a one sided deal.

Big difference here - it is not YOUR slip. I have two moorings behind my beach house. They are MY moorings - I bought them, I had them installed, I maintain them, I pay to have them inspected - they are MY moorings.

My (for lack of a better word) slip - belongs to the marina that I rent it from, it is their slip, not MINE. I am bound by the terms and conditions agreed upon by both me and the marina in the mutually binding contract that we signed. A deal is not one sided if it is agreed upon, without duress, by both parties.

Unfortunately, the marina's have the leverage (at least in my area) to utilize clauses like the one in this thread. It does appear as if the OP has options in his area for next season.

KJS · 08-10-2006, 11:03 AM

This is a simple contractual matter.

bayboater1 · 08-10-2006, 11:09 AM

Quote:

Seacat FL - 8/10/2006 10:30 AM

The answer is:
******************************
They showed me a copy of my contract and sure enough it says "Bass Haven Marina may sub-lease dock when Lessee's dock is vacant".

******************************

Sorry but I don't see the problem. You agreed to it in advance.

I agree, you are renting a service not real estate. If you show up with your boat (or any boat) and they don't have a place to put you. Then you'd have a legitamite problem. I would "test" their good intentions of showing up with your "new" boat that you bought because your other one is taking so long, and see where they put you. I'm sure you'll have a slip in their marina, because that is what you paid for.

Your friend gets a slip and you don't feel like you're missing out. If your friend gives you money, it's not anyones business.

drunkensailor01 · 08-10-2006, 11:19 AM

Is there anything in the contract that says you cannot have two boats? Why not just let your friend park his boat there. He could pay you, and the marina wouldn't know anything about it. If they ask, just tell them you are borrowing that boat until yours is fixed. That seems like an eazy fix.

KJS · 08-10-2006, 11:23 AM

I agree to that! I would have never asked in the first place. You know the saying, "it is much easier to beg forgiveness than ask permission." Just make sure in the contract that it doesn't specify your specific boat.

TurboDan · 08-10-2006, 11:47 AM

I agree with the last few posters... just let your friend have the slip, and if he gives you some money for it, who has to know?

Tireless · 08-10-2006, 11:51 AM

Quote:

HBO - 8/10/2006 9:39 AM

Quote:

Tireless - 8/10/2006 8:58 AM

WTF is all I can say! Reading this thread makes me wonder how any of y'all can tolerate living in the North.

Ohhhh, right Tireless. This kind of thing would NEVER happen in the "South"!

Gimme a break..... WTF is all I can say!

I am not aware of that kind of BS happening where I live in GA.........but like I said "in the South".........since NC is rapidly becoming a southern suburb of NJ maybe they treat people up there like shiat as well.

prockvoan · 08-10-2006, 12:02 PM

Quote:

TurboDan - 8/10/2006 10:47 AM

I agree with the last few posters... just let your friend have the slip, and if he gives you some money for it, who has to know?

I would of did what these guys are telling you to do!

Yes,you did get screwed,but by renting it to others,it helps keep the cost down for you in the long run if you planning to slip there in the future.

$1600 is not bad for a year even if you get power with that.Wish I could for that price!

Eyeball · 08-10-2006, 12:32 PM

Quote:

RI Builder - 8/9/2006 10:44 PM

... A deal is not one sided if it is agreed upon, without duress, by both parties.

I know it sounds like it should work like that but it doesn't always in real life. ‘One sided’ means one party benefits and the other party doesn’t, or one party benefits to an overwhelming advantage over the other party's benefit. Example: I rent you a house with a signed rental contract; you give me the monthly rent payment (I benefit) and you get to live in the house (you benefit). Not a problem. But if it was a one sided contract, I rent you a house and you live somewhere else, i.e. you give me the rent check (I benefit) and you live with your mother (you have no benefit from our contract). That's a problem. Such a contract could not be enforced.

Just because two parties agree on something without duress does not necessarily make it fair or binding or legal. That is why every state has oodles of ‘contract law’; those things in which you can and cannot agree to. It is possible for two people to agree to something that is prohibited by their state because it unfairly favors one party over the other. That is what I suspect is happening in this case.

Edit: Here you go … found it!!!

adhesion contract
n.(contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.

KJS · 08-10-2006, 12:42 PM

Wow, so a deal is not a deal, a handshake is not a handshake, and a contract is not a contract.

RI Builder · 08-10-2006, 12:52 PM

Eyeball - I really do not see any correlation to the adhesion contract. I will preface this with I am no lawyer (but I did stay at a Holiday INN express).

Anyway, adhesion implies No choice. The poster had choices. He could have:

A: Tried to negotiate the lease and have it removed
B: Trailer the boat
C: Gone to another marina. We have heard that there are other marinas in the area that have slips and do not necessarily have the clause in question.
D: Kept the boat on a mooring (At my marina anyways, the sub lease clause only applies to slips and not the moorings)

Also, the agreement with the marina is neither restrictive nor is it burdensome. The basic fact is that they are only renting the slip because he is not using it.

The OP did not even know the clause was in the contract, leading me to believe that he never even attempted to bargain or negotiate with the marina. How can he claim it was not freely bargained if he never read it?

To compare a slip to housing is Apples to coconuts. Housing is a basic need - boating is a luxury.

Eyeball · 08-10-2006, 01:12 PM

Quote:

KJS - 8/10/2006 12:42 AM

Wow, so a deal is not a deal, a handshake is not a handshake, and a contract is not a contract.

Yeah, you’re starting to get the sense of it.

RI Builder – I think more than anything you made me realize this forum is not where this discussion should be taking place. There are other issues not yet raised that also merit consideration. So I hereby respectfully yield to your obvious Holiday Inn Express advantage.

RI Builder · 08-10-2006, 01:19 PM

I knew there had to be an advantage of staying at the Holiday Inn Express

gtfish · 08-10-2006, 01:56 PM

I agree with Capt Willy, kill'em with kindness and see what happens. Although it may be to late in your case. It all starts with a Christmas card before the season.

originalsin · 08-10-2006, 02:28 PM

A wise man once told me that it is easier to ask for forgiveness than to beg for permission. You never should have asked about letting your friend use the slip. Just do it next time and let them tell you its against the rules. Play dumb and make up a story about possibly buying the boat from your friend. Anything to buy yourself a little time.

FearNaut · 08-10-2006, 04:57 PM

SOP around these parts too - Same for the moorings at Catalina - if the owner isn't using them the Harpat rents them out and the city gets the cash not the owner.

"You never should have asked about letting your friend use the slip. Just do it next time and let them tell you its against the rules" - or possibly having them imound the boat.