Thursday, September 11, 2008

Waiting Lists

We have asked BW to give us a formal written copy of their rules regarding the waiting lists for berths on the canal. Quite a few of our members have expressed concern over this especially as many people on the lists don't appear to actually have boats.
We are waiting on BW's reply.
***
And here it is:


WAITING LISTS FOR BRITISH WATERWAYS MOORING SITES –
England, Wales and Scotland

British Waterways (BW) runs waiting lists for each mooring site that we manage. Our Waterway units in England, Wales and Scotland administer the mooring sites and waiting lists in their area.

To choose a mooring site you could look at a full list of moorings, which is available on our website www.waterscape.com/boating/moorings. The website includes maps and mooring rates for our sites, the contact details for our regional waterway units and also has details of sites operated by other companies. A list of mooring sites is also available from our local offices. Please note that we only run waiting lists for our mooring sites, and not those operated by other companies.

You are allowed to place your boat on a waiting list for a maximum of three BW sites per waterway unit. You cannot give your place on a waiting list to anyone else, but you may change your boat, provided you tell us in writing. You may also change any of your chosen mooring sites by withdrawing your interest from a site waiting list and making a fresh application. You may make an application even if you do not own a boat. A refundable application fee is payable for mooring site waiting lists managed by our London waterway unit.

Offers will generally be made on a ‘next on the list’ basis, although there may be exceptions to this rule. If you accept an offer from us, the mooring fee is payable even if you do not move your boat to the site by the start date. We will offer you a maximum of three mooring sites per waterway unit but if you decline all our offers we will remove your boat from all our waiting lists for that particular waterway unit.

The terms and conditions of our waiting lists for mooring sites managed by us are set out below and take effect from 1st July 2006. If you have any queries please contact the relevant waterway unit.


WAITING LIST TERMS AND CONDITIONS
Definitions:

‘Boat(s)’ means the boat(s) or vessel(s) named in the Waiting List Application Form(s) and/or Mooring Permit Application Form(s) or one that is substituted for it with our prior written consent (which will be subject to the suitability of the mooring).

‘British Waterways, BW, we, us, our’, means the British Waterways Board, its successors and assigns and any of its employees or other persons authorised by British Waterways to act for it.

‘Mooring’ means the water space at the mooring site temporarily allocated to you from time to time by us for the mooring of the boat during the period of this agreement.

‘Mooring Site’ includes the mooring and land and water adjacent to the mooring that is in our ownership or control.

‘Owner, you, your, yours’ means the person(s) or entity named as owner in the Waiting List Application Form(s) and Mooring Permit Application Form(s) and includes an employee of the owner or a person in charge of the boat with the owner’s permission.
You can make an application for your boat to be on the waiting list for a maximum of three sites in any one of our waterway units. You may make applications to more than one waterway unit. Your positions on each mooring site waiting list are independent of each other.
If you wish to make an application for more than one boat, you must make a different application (up to a maximum of three sites) for each boat.
The waiting list entry will be dated the same day that we receive your completed Application Form (and application fee, for sites managed by the London waterway unit).
When a mooring becomes available we will generally offer you the mooring on a ‘next on the list’ basis but we reserve the right to exercise our discretion, depending on the circumstances, for example:
(a) smaller boats at the lower end of the waiting list may be allocated before larger boats depending on the size of the mooring available;
(b) we may need to give priority to boats requiring relocation from other mooring sites;
(c) the condition of the boat at the time of the offer may be unsuitable for the mooring site;
(d) for health and safety reasons; or
(e) our operational reasons.
Once we make you an offer of a mooring you have 14 days to accept or decline/refuse it. If you wish to accept our offer you must send us a completed Mooring Permit Application Form with payment within 14 days of our offer. Payment is due from the date you accept our offer (i.e. the date we receive your completed Mooring Permit Application Form with payment) and not when you move your boat to the mooring.
When you accept our offer of a mooring, it can only be allocated to the person whose name is on the waiting list. The mooring is not transferable.
Any offer we make is conditional on you having a valid licence for the boat before it is moved to the mooring.
If you do not accept our offer within the 14-day time limit our offer will lapse and we will offer the mooring to another person on the list. For the avoidance of doubt, the following actions will be treated as declining/refusing our offer:
(a) you fail to respond to our offer within the time limit, or
(b) you fail to return the completed Mooring Permit Application Form and payment within the time limit, or
(c) you return an incomplete Mooring Permit Application Form within the time limit
A maximum of three offers of a suitable mooring will be made to you (for each boat) by a particular waterway unit, which may be on the same or on different mooring sites.
If you decline/refuse three offers from a particular waterway unit, your boat will be removed from all waiting lists for that waterway unit.
The positions of your boat on the waiting lists are not transferable to anyone else. If your boat changes, you must notify us in writing. We will substitute the new boat for the old boat in the same positions on the lists. The new boat must first be registered in your name before we make the substitution.
You must notify the relevant waterway unit in writing if you need to change any of the details of your application, such as home address or boat details.
If a mooring site is separated into more than one section (e.g. linear and pontoons) and your requirement is for only one of these, you must make this clear on the Waiting List Application Form so that you do not need to decline/refuse an offer because the mooring is unsuitable.
From time to time we may contact you to confirm your continued interest in the mooring sites. If you do not respond within 28 days we will assume that that you are no longer interested and we will remove your name from all our waiting lists. No reminders will be issued after our first contact.
If you are on our waiting lists but wish to change any of your chosen sites, you must withdraw your interest in the sites you no longer want and make a new application for your new mooring site preferences. For the avoidance of doubt you will lose your position on the waiting lists from which you have withdrawn your interest and be allocated new positions for your new mooring site preferences.
You must be 16 years or over to make an application.

Additional terms and conditions for mooring site waiting lists managed by our London waterway unit:
An application fee of £25.00 is payable per application.
The fee must be paid by cheque, payable to ‘British Waterways’ and sent to the London waterway unit.
If you accept our offer of a mooring, the application fee will be deducted from the first mooring permit fee for your boat.
The application fee is refundable if you wish to be removed from our waiting lists at any time, providing you notify us in writing. No interest will be payable on the application fee.
If we remove you from our waiting lists, having declined/refused three offers of a mooring, the application fee is not refundable.