Am I getting a screwing from my marina? What to do? - Page 3 - The Hull Truth

RussH · 08-10-2006, 05:14 PM

Some great comments on both sides of the topic. Yes I agreed to the contract but I didn't notice that I gave up my usage of the dock at the marina's descretion. I asked clear back in April if I could get a refund to help offset the $5K transom repair bill and was told no. The marina has a waiting list, I was on the waiting list for 3 seasons before I got in. I pay my rent on time, I've never caused any problems, I religiously use the marina store and fuel pumps. I would expect that I would be given a little more consideration based on the circumstances. If they would have at least tried to help me out in the spring. They could have called a few people on the waiting list and if they were able to rent the dock and then give me a refund everyone is happy. I can't get a refund, I can't sub-lease to recoup some of my dock rental costs, yet they can freely rent the dock WITHOUT my permission or even calling me!

Love the marina don't like this part of the contract. Almost the whole year is a bust so if I can salvage September and October at least I'll have some use of the boat. Since this seems like a pretty normal practice and the fact that there really isn't anything I can do about it I'll just have to accept it. But what I don't have to do is use the marina store for bait, ice, beer, pop or use their fuel docks. THAT is under my control.

Russ

RussH · 08-10-2006, 05:39 PM

SeaswirlPaul- I've considered docking on West Harbor but it takes to long to get to the lake. I checked out Catawba Moorings nice place but to expensive. Winkes is also a nice place but to far south and all of West Harbor is no wake zone. I docked for a year at Channel Grove and didn't like it as they don't have showers or anything else for my daughter to do. I tried to e-mail you but the e-mail link you have in Hull Truth came back as unknown address.

Send me an e-mail when you have time to russturbo@aol.com I want to talk to you some more.

Russ

FreeByrd · 08-10-2006, 05:51 PM

Russ,
Sorry to hear about the transom rot and loss of most of the summer. I'm not sure on the rates but if I docked in this area I'd look at Anchor's Away - close access to the lake, showers, restaurant, fuel dock, etc.
Steve

capt_dalton · 08-10-2006, 06:36 PM

Sounds pretty cock-eyed to me.

So, they are holding 16 large of yours and if your rig is ready tomorrow and you run it to the marina, your spot is taken? No, Homey don't play that.

Some of yuz guyz on dis board have a warpped sense of fairplay.

I empathize with ya man. But, it does give you the opportunity to be the better of the two partys.

Good luck with your boat repairs. And whatever ya do, careful that you don't slip and fall at that neighborly marina

Tireless · 08-10-2006, 07:07 PM

Quote:

capt_dalton - 8/10/2006 5:36 PM

Sounds pretty cock-eyed to me.

So, they are holding 16 large of yours and if your rig is ready tomorrow and you run it to the marina, your spot is taken? No, Homey don't play that.

Some of yuz guyz on dis board have a warpped sense of fairplay.

I empathize with ya man. But, it does give you the opportunity to be the better of the two partys.

Good luck with your boat repairs. And whatever ya do, careful that you don't slip and fall at that neighborly marina

Couldn't have said it better.

t3rockhall · 08-10-2006, 08:47 PM

My old marina in South Norwalk, CT had the same terms. In 1971!!! Pretty much SOP in the industry.

whippa4 · 08-10-2006, 10:21 PM

The basic diff is most of these "agreements" are not "Leases" nor are they rental agreements involving space at all... This is a "Service Contract" they agree to provide docking "services" for your boat. If you show up they are obligated to prode the service
the fact that most if not all the time that service is provided at the same spot does not
make it a "Space" lease....................... Read your contract and it will confirm this principle.

RussH · 08-10-2006, 10:52 PM

Capt_Dalton- You said it well. Thanks to the others that feel I'm not the only one that thinks this practice is wrong. If my boat is done next week I guess I'll have to call the marina to see if my dock is available. Then, what if they tell me it's committed to another boater and I'll have to wait?? I never felt I took ownership of the dock but when I pay to rent something I feel it is temporarily mine, at least for the term that I paid for. The marina is full so what do I do if I get to "my dock" and there is a boat in it? There isn't any other place to tie up except the gas docks. I wouldn't put someone else out by tying up to an open dock that's not mine.

Russ

prockvoan · 08-11-2006, 06:43 AM

If they don't have a slip when you are ready,thats there problem.You then have a chance to get your money back in full,but it will have to be done in court!Call them,tell them that you will need your slip soon!Just don't show up needing one,that could be a problem for you in the long run.I had a problem somewhat like you.I pulled my boat out Sept1 for a complete rebuild,was payed thru Dec31.I didn't even ask for a refund and the marina ended sending me a bill for more money.If you are not there for a year,they charge more by the foot.After three phone calls and asking WTF,it cost them money for my refund.They didn't have anything about refunds in the contract!They screw up,but it is in there now!

fishie1 · 08-11-2006, 10:48 AM

Quote:

whippa4 - 8/10/2006 10:21 PM

The basic diff is most of these "agreements" are not "Leases" nor are they rental agreements involving space at all... This is a "Service Contract" they agree to provide docking "services" for your boat. If you show up they are obligated to prode the service
the fact that most if not all the time that service is provided at the same spot does not
make it a "Space" lease....................... Read your contract and it will confirm this principle.

Bingo! And the contract also likely requires you to give the marina some prior notice as to when you will be bringing the boat in. And it probably spells out what boat by branch, size, HIN and registration you're bringing in. Give them the proper notice and your space will be available I'd bet.

The agreement may offend most folks sense of fair play- but it seems to be the norm in the industry and was clearly disclosed at the proper time so any griping now is uncalled for IMO. For you guys calling for law suits- get a life.

The answer to your question is No, you are not getting screwed by your marina, they are following the terms of your agreement. Could they treat you better, yes absolutely, but obviously they have no incentive to do so nor would you have any legal claim for a refund.

The transom rebuild sucks, I wish you luck, and I'd bet that your slip is available as soon as you need it.