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Berthing Licence Disclaimer

35.1 Purpose of this Standard Berthing Licence

Marina Match provides this Standard Berthing Licence as a general template to assist Dock Masters and Boaters when entering into temporary berthing arrangements through the Marina Match platform.

This document is intended to provide a practical framework for short-term and long-term berth bookings. It is not intended to replace independent legal advice or any mandatory agreement required under applicable laws.

35.2 Marina Match Is Not a Party to the Agreement

Marina Match operates solely as an online marketplace and booking platform connecting Dock Masters and Boaters.

Whether the berth is owned or operated by:

  • a commercial marina;
  • a yacht club;
  • a boating association;
  • a government authority;
  • a private jetty owner;
  • a dock owner;
  • a pontoon owner;
  • a mooring owner; or
  • any other lawful berth provider,

the Standard Berthing Licence is entered into exclusively between the Dock Master and the Boater.

Marina Match is not a party to the Berthing Licence and does not assume any contractual rights, obligations or liabilities arising under that agreement.

35.3. Marina Match Acts Only as Booking Platform and Agent

Marina Match provides technology services to facilitate listings, enquiries, bookings and payment processing.

Marina Match acts only as an intermediary and booking agent between the Dock Master and the Boater.

Marina Match does not:

  • own, lease or control any berth or marine property;
  • operate or manage listed berths unless expressly stated;
  • supervise the condition or maintenance of any berth;
  • inspect vessels or marine facilities;
  • guarantee the suitability, safety, legality or availability of any berth; or
  • guarantee that either party will perform their contractual obligations.

35.4 Responsibility of the Parties

The Dock Master and the Boater are solely responsible for:

  • negotiating and accepting the booking;
  • ensuring the berth is suitable for the vessel;
  • complying with this Berthing Licence;
  • complying with any marina rules or local operating requirements;
  • obtaining all required licences, permits and approvals;
  • complying with all applicable laws, regulations and maritime safety requirements;
  • maintaining any insurance required by law or under the agreement; and
  • resolving any disputes arising between themselves.

35.5 Compliance with Local Laws

Maritime laws, property laws, consumer protection laws, environmental regulations and licensing requirements vary between countries, states, territories and local authorities.

Marina Match does not represent or warrant that this Standard Berthing Licence complies with every applicable law or jurisdiction.

Each Dock Master and Boater is responsible for ensuring that their booking, vessel, berth and activities comply with all applicable laws and regulations in the relevant jurisdiction.

Where any provision of this Standard Berthing Licence is inconsistent with any mandatory law, regulation or statutory requirement, that law will prevail to the extent of the inconsistency.

35.6 Commercial and Private Berths

This Standard Berthing Licence may be used for bookings involving:

  • commercial marinas;
  • private marinas;
  • yacht clubs;
  • boat clubs;
  • private jetties;
  • private docks;
  • pontoons;
  • moorings;
  • dry storage facilities; and
  • other lawful marine properties.

Individual Dock Masters may adopt additional rules or replace this document with their own berthing agreement where permitted by law.

35.7 No Legal Advice

This Standard Berthing Licence is provided for general information only.

Nothing contained in this document constitutes legal, financial, taxation, insurance or professional advice.

Users should obtain independent professional advice where appropriate.

35.8 Limitation of Marina Match's Responsibility

To the maximum extent permitted by law, Marina Match is not responsible for:

  • disputes between Dock Masters and Boaters;
  • the condition, safety or legality of any berth or marine property;
  • the seaworthiness or suitability of any vessel;
  • compliance with applicable laws;
  • damage to vessels or marine property;
  • personal injury;
  • environmental damage;
  • financial loss;
  • business interruption;
  • cancellation losses; or
  • any direct, indirect, incidental, consequential or special loss arising from the booking or use of the berth.

Nothing in this disclaimer excludes or limits any rights or guarantees that cannot lawfully be excluded under applicable consumer protection legislation.

35.9 Acceptance

By listing a berth, making a booking or using the Marina Match platform, the Dock Master and the Boater acknowledge that they have read, understood and accepted this disclaimer and agree that the Berthing Licence is solely between them.