Marina Match Standard Berth Agreement

PART 1 – PRELIMINARY

1. Purpose

This Marina Match Standard Berthing Licence Agreement ("Agreement") establishes the standard terms governing the temporary licence to occupy a marina berth, dock, jetty, mooring, pontoon, floating dock, dry berth or other marine property listed on the Marina Match platform.

This Agreement is intended for use by Dock Masters who have not provided their own berthing terms and conditions.

The purpose of this Agreement is to:

provide a fair and balanced agreement between Dock Masters and Boaters;
clearly define the responsibilities of each party;
encourage safe boating and responsible marina operations;
minimise disputes;
allocate marine risks appropriately; and
promote consistent standards across the Marina Match platform.

2. Parties

2.1 Dock Master

The Dock Master is the Marina Match host responsible for managing the booked berth or marine property and acting as the primary point of contact for the Boater before, during and, where necessary, after the Booking.

The Dock Master may be:

the legal owner of the marine property;
a marina operator or marina manager;
a private jetty owner;
a yacht club or sailing club representative;
an authorised property manager;
an authorised family member;
an authorised friend;
an authorised employee;
an authorised agent; or
any other person authorised by the Owner to advertise, manage or accept Bookings through the Marina Match platform.

The Dock Master represents the marine property for the purposes of the Booking and is responsible for providing accurate information about the berth, communicating with the Boater, facilitating the arrival and departure process, and performing any other responsibilities specified in this Agreement.

Where the Dock Master is not the legal Owner of the marine property, the Dock Master warrants that they have the necessary authority from the Owner to advertise the property, accept Bookings, enter into this Agreement on the Owner's behalf, and perform the obligations of a Dock Master under this Agreement.

2.2 Boater

The Boater is the person making the Booking through the Marina Match platform and includes:

the vessel owner;
the skipper or master of the vessel;
the operator of the vessel;
the crew;
passengers; and
any person acting on behalf of the Boater in connection with the Booking.

The Boater warrants that they have authority to enter into this Agreement on behalf of all persons using or occupying the booked berth during the Booking.

2.3 Owner

The Owner means the legal owner, lessee or person otherwise legally entitled to grant the right to occupy the booked berth or marine property.

Where the Dock Master is acting on behalf of the Owner, references in this Agreement to the Dock Master include the Owner where the context requires.

2.4 The Parties

The Dock Master and the Boater are together referred to as the Parties.

This Agreement is entered into between:

Dock Master

The person or entity responsible for managing, administering or accepting bookings for the booked berth or marine property through Marina Match.

and

Boater

The person making the booking through Marina Match, including the owner, skipper or authorised operator of the vessel.

Together referred to as the Parties.

3. Marina Match Platform

3.1 Role of Marina Match

Marina Match is an online marketplace operated by Marina Match Pty Ltd that enables Dock Masters and Boaters to advertise, discover, communicate and arrange bookings for berths, marinas, moorings, jetties, docks and other marine properties.

Marina Match provides the technology platform through which Bookings may be facilitated but does not own, lease, operate, manage, control, inspect or supervise any Marine Property listed on the Platform.

3.2 Separate Agreement

This Berthing Licence Agreement is entered into solely between the Dock Master and the Boater.

Marina Match is not a party to this Agreement and assumes no obligations, liabilities or responsibilities arising under this Agreement except to the extent expressly required by applicable law.

3.3 Independent Relationship

Nothing contained in this Agreement or arising from the use of the Marina Match Platform creates or is intended to create any:

partnership;
agency;
joint venture;
employment relationship;
fiduciary relationship;
tenancy;
ownership interest; or
other legal relationship

between Marina Match and either Party.

The Dock Master and the Boater each act as independent contracting parties and are solely responsible for complying with their respective obligations under this Agreement.

3.4 No Agency

The Parties acknowledge that Marina Match does not act as the agent, broker, representative or legal representative of either the Dock Master or the Boater for the purposes of this Agreement, except to the limited extent necessary to facilitate bookings and payment processing through the Platform.

3.5 No Operational Responsibility

Without limiting any other provision of this Agreement or the Marina Match Platform Terms & Conditions, Marina Match is not responsible for:

the condition, safety or suitability of any Marine Property;
the seaworthiness, condition or operation of any Vessel;
navigation, tides, currents, weather or sea conditions;
the accuracy of information provided by either Party;
compliance with maritime laws or local regulations;
the performance or non-performance of either Party;
any loss, damage, injury or dispute arising from the Booking or occupation of the Berth; or
any matter relating to the management or operation of the Marine Property.

3.6 Marina Match Policies

The use of the Marina Match Platform remains subject to Marina Match's:

Platform Terms & Conditions;
Privacy Policy;
Cancellation Policy;
Disclaimer; and
any other policies published on the Marina Match website from time to time.

Those documents govern the relationship between Marina Match and its users and operate independently of this Agreement.

3.7 Inconsistency

This Agreement governs only the relationship between the Dock Master and the Boater in relation to the occupation of the booked Berth.

To the extent of any inconsistency between this Agreement and the Marina Match Platform Terms & Conditions, Privacy Policy, Disclaimer or other Platform policies, those Platform documents will govern the relationship between Marina Match and its users, while this Agreement will govern the relationship between the Dock Master and the Boater.

4. Nature of this Agreement

4.1 Licence to Occupy

This Agreement grants the Boater a limited, temporary, personal and non-exclusive licence to occupy and use the booked Berth solely for the approved Booking period and only for the purpose of berthing the Vessel identified in the Booking.

The rights granted under this Agreement are contractual only and are subject to the terms of this Agreement.

4.2 No Interest in Land

The Parties acknowledge and agree that this Agreement does not create, confer or imply:

a lease;
a tenancy;
exclusive possession;
an easement;
a licence beyond the approved Booking period;
a proprietary right or equitable interest;
a right of occupation beyond the approved Booking period;
any estate or interest in land;
any right capable of registration; or
any other real property interest.

The Boater acknowledges that the Berth remains under the control and management of the Dock Master at all times.

4.3 Non-Exclusive Occupation

The Dock Master retains possession, management and control of the Marine Property throughout the Booking.

Nothing in this Agreement prevents the Dock Master from:

accessing the Berth;
entering the Marine Property;
carrying out inspections;
undertaking repairs or maintenance;
responding to emergencies;
enforcing marina rules;
relocating the Vessel in accordance with this Agreement; or
otherwise managing the Marine Property.

4.4 Personal Licence

The licence granted under this Agreement:

is personal to the Boater;
is not transferable;
may not be assigned;
may not be sublicensed;
may not be shared except by persons authorised under the Booking; and
automatically expires at the scheduled Departure time unless otherwise agreed in writing by the Dock Master.

4.5 No Guarantee of Continuous Availability

The Boater acknowledges that boating environments are dynamic and that operational, safety or emergency circumstances may require the Dock Master to relocate the Vessel to another suitable Berth or temporarily restrict access to the booked Berth.

Where reasonably practicable, the Dock Master will notify the Boater as soon as possible.

4.6 Marina Operations

The Boater acknowledges that the booked Berth forms part of an operational marina or marine facility, or a privately managed marine property, and agrees not to interfere with:

marina operations;
navigation;
access ways;
emergency access;
neighbouring berth holders;
marina staff;
contractors;
authorised visitors; or
the safe operation of the Marine Property.

4.7 No Warranty of Suitability

The grant of a licence under this Agreement does not constitute a warranty by the Dock Master that the booked Berth is suitable for the Boater's Vessel.

The Boater remains solely responsible for determining that the Vessel can safely access, occupy and depart the Berth, having regard to the Vessel's dimensions, draft, air draft, displacement, manoeuvrability, prevailing weather, tides and all other relevant navigation conditions.

5. Definitions

Unless the context otherwise requires:

Air Draft means the maximum vertical height of the Vessel measured from the waterline to its highest fixed point.

Booking Confirmation means the confirmation issued through the Marina Match Platform specifying the Marine Property, Vessel, Arrival, Departure, fees and other booking details.

Booking Fees means all fees, charges, commissions, taxes and other amounts payable in connection with the Booking.

Berth means the designated marina berth, slip, dock, jetty, pontoon, mooring, dry berth or other allocated space identified in the Booking Confirmation for the temporary occupation of the Vessel.

Damage includes physical damage, structural damage, environmental damage, contamination, loss, destruction, deterioration or excessive wear and tear.

This becomes useful in the liability clauses.

Emergency means any circumstance requiring immediate action to protect human life, the Vessel, another vessel, the Marine Property, the environment or any other property.

Force Majeure Event means any event or circumstance beyond the reasonable control of the affected Party that prevents or substantially hinders the performance of its obligations under this Agreement, including but not limited to:

cyclones, hurricanes, severe storms, storm surge or tsunami;
floods, bushfires, earthquakes or other natural disasters;
dangerous sea, swell, current or navigation conditions;
harbour, port, lock, bridge, waterway or marina closures;
government restrictions, emergency declarations, quarantine orders or evacuation orders;
pandemics, epidemics or public health emergencies;
war, armed conflict, terrorism, civil unrest, riots or sabotage;
industrial action or widespread utility failures;
marine pollution incidents or environmental emergencies;
acts or omissions of government authorities;
any other event beyond the reasonable control of the affected Party that makes the occupation or use of the Berth unsafe, unlawful or impracticable.

A lack of funds, poor business performance or a change in market conditions does not constitute a Force Majeure Event.

Listing Information means all information, amenities, facilities, restrictions, operational rules, permitted activities and other property-specific details published by the Dock Master on the Marina Match Platform and forming part of the Booking.

Marine Property means the Berth and any associated marina, dock, jetty, pontoon, mooring, dry berth, floating dock, hardstand, access facilities, car parks, walkways, amenities, utilities and other facilities made available as part of the Booking.

Occupation means the period during which the Vessel occupies or uses the booked Berth.

Owner means the legal owner, lessee or other person legally entitled to authorise the use of the Marine Property.

Party means either the Dock Master or the Boater, and Parties means both of them.

Platform means the Marina Match website, mobile applications and associated online services operated by Marina Match Pty Ltd.

Rules means any marina rules, safety requirements, navigation requirements, operating procedures or lawful directions issued by the Dock Master relating to the Marine Property.

Seaworthy means, in relation to a Vessel, that it is fit for its intended voyage, properly maintained, adequately equipped and operated in accordance with applicable maritime laws.

Safe Navigation means the exercise of reasonable skill, care and judgement by the Boater in planning and undertaking the voyage to and from the Marine Property, taking into account weather, tides, currents, under-keel clearance, bridge and overhead clearances, navigation charts, Notices to Mariners, vessel dimensions, traffic, local conditions and all other relevant factors.

Under-Keel Clearance means the distance between the lowest point of the Vessel and the seabed.

Waterway means any navigable water, channel, river, harbour, marina basin, canal or other body of water used for navigation.

6. Interpretation

Unless the context otherwise requires:

(a) headings, titles and the table of contents are included for convenience only and do not affect the interpretation of this Agreement;

(b) words importing the singular include the plural and vice versa;

(d) a reference to a person includes an individual, company, corporation, partnership, joint venture, association, trust, government authority, statutory body or any other legal entity;

(e) a reference to legislation includes any amendment, re-enactment, consolidation, replacement, subordinate legislation or statutory instrument made under that legislation;

(f) the words including, includes, such as, for example, and similar expressions are to be interpreted as including without limitation;

(g) a reference to a clause, schedule or annexure is a reference to a clause, schedule or annexure of this Agreement;

(h) a reference to this Agreement includes all schedules, annexures, booking confirmations and any documents incorporated by reference;

(i) a reference to a day means a calendar day unless otherwise stated;

(j) a reference to writing includes electronic communications and information transmitted through the Marina Match Platform, including booking confirmations, emails, notifications and messages;

(k) where a word or expression is defined, any grammatical variation or derivative of that word or expression has a corresponding meaning;

(l) no rule of construction applies to the disadvantage of a party because that party prepared or was responsible for preparing this Agreement;

(m) where an obligation is imposed on two or more persons, that obligation binds them jointly and severally;

(n) where this Agreement requires a party to act reasonably or in good faith, that obligation requires the party to exercise honest judgement, act fairly and take reasonable steps in the circumstances;

(o) where there is any inconsistency between this Agreement and the Booking Confirmation, the Booking Confirmation prevails only to the extent of booking-specific information such as the booked Marine Property, Arrival, Departure, fees or special conditions. In all other respects, this Agreement prevails unless expressly stated otherwise; and

(p) this Agreement shall be interpreted in a manner that best gives effect to its purpose of providing a temporary licence for the occupation of a Berth and promoting safe, fair and responsible use of Marine Property.

(q) References to the Marina Match Platform include the Marina Match website, mobile applications, software, online services and any future technology or digital interfaces provided by Marina Match.

7. Application

7.1 Application of Agreement

This Agreement applies to every Booking where the Dock Master has elected, through the Marina Match Platform, to adopt the Marina Match Standard Berthing Licence Agreement as the governing terms for the Booking.

By accepting a Booking under this Agreement, the Dock Master and the Boater each agree to be bound by its terms.

7.2 Alternative Dock Master Terms

A Dock Master may elect to use their own berthing terms and conditions instead of this Agreement.

Where the Dock Master has published or otherwise provided their own terms and conditions to the Boater through the Marina Match Platform before the Booking is confirmed, those terms and conditions will govern the Booking in place of this Agreement.

7.3 Priority of Terms

7.3 Priority of Booking Information and Terms

The Parties acknowledge that the Booking consists of the following documents, which together form the agreement between the Dock Master and the Boater:

(a) the Booking Confirmation;

(b) the information published on the Marina Match listing for the Marine Property, including but not limited to:

permitted Vessel dimensions;
maximum occupancy;
Arrival and Departure times;
amenities and utilities;
berth specifications;
safety information;
operational restrictions;
whether fishing is permitted;
whether pets are permitted;
whether parties or events are permitted;
whether liveaboard use is permitted;
parking availability;
power, water and other services; and
any other property-specific information displayed on the Marina Match Platform;

(c) any additional written rules or conditions published by the Dock Master on the Marina Match Platform before the Booking is confirmed;

(d) any separate Dock Master terms and conditions accepted by the Boater before the Booking is confirmed; and

(e) this Marina Match Standard Berthing Licence Agreement.

In the event of any inconsistency:

the Booking Confirmation prevails for booking-specific details such as the booked Marine Property, Arrival, Departure, fees and booking dates;
the Dock Master's published listing information and operational rules prevail in relation to the operation and permitted use of the Marine Property, provided they do not conflict with applicable law;
any separately published Dock Master terms and conditions prevail over this Agreement to the extent of any inconsistency; and
this Agreement governs all other matters not otherwise addressed.

7.4 Marina Match Platform Terms

Nothing in this Agreement replaces, limits or modifies the Marina Match Platform Terms & Conditions, Privacy Policy, Disclaimer, Cancellation Policy or any other Marina Match policy governing the use of the Marina Match Platform.

Those documents continue to apply independently to all users of the Marina Match Platform.

7.5 Applicable Law

Where any provision of this Agreement or the Dock Master's own terms and conditions is inconsistent with any applicable law, that provision will be interpreted or modified only to the extent necessary to comply with that law, and the remainder of the Agreement will continue in full force and effect.

8. Acceptance

8.1 Acceptance by the Boater

The Boater is deemed to have read, understood and accepted this Agreement upon the earliest of:

(a) submitting or confirming a Booking through the Marina Match Platform;

(b) paying, or authorising payment of, any Booking fees;

(d) occupying or using the Berth or any part of the Marine Property;

(e) permitting the Vessel to occupy the Berth or Marine Property; or

(f) otherwise accessing or using the Marine Property in connection with the Booking.

8.2 Acceptance by the Dock Master

The Dock Master is deemed to have accepted this Agreement by:

(a) electing to adopt the Marina Match Standard Berthing Licence Agreement for the Marine Property;

(b) publishing or maintaining the Marine Property listing on the Marina Match Platform under this Agreement; and

8.3 Authority

Each Party warrants that they have the legal capacity and authority to enter into this Agreement.

Without limitation:

(a) the Dock Master warrants that they have authority to manage the Marine Property and accept Bookings;

(b) the Boater warrants that they have authority to make the Booking and bind themselves and all persons using or occupying the Marine Property in connection with the Booking.

8.4 Electronic Acceptance

The Parties acknowledge and agree that:

(a) this Agreement may be entered into electronically;

(b) no physical signature is required for this Agreement to be legally binding;

(d) electronic records maintained by Marina Match may be relied upon as evidence of the Booking and the Parties' acceptance of this Agreement.

8.5 Continuing Acceptance

The continued occupation or use of the Marine Property after Arrival constitutes continuing acceptance of this Agreement and any lawful directions or operational rules issued by the Dock Master that are consistent with this Agreement and the Listing Information.

8.6 Entire Booking Package

The Parties acknowledge that the following documents together form the contractual arrangement relating to the Booking:

(a) the Booking Confirmation;

(b) the Listing Information;

(d) any separate Dock Master terms accepted by the Boater; and

(e) this Agreement.

By accepting the Booking, each Party agrees to be bound by all applicable documents forming part of the Booking.

9. Good Faith and Cooperation

9.1 Mutual Cooperation

The Parties acknowledge that boating is inherently affected by changing marine, weather and operational conditions. The Parties agree to cooperate reasonably and act in good faith to promote safe navigation, minimise disruption and achieve practical and fair outcomes whenever reasonably possible.

9.2 Good Faith Obligations

Each Party agrees to:

(a) communicate honestly, respectfully and promptly;

(b) provide accurate, complete and up-to-date information relating to the Booking;

(c) promptly notify the other Party of any circumstance that may affect the Booking, including delays, cancellations, emergencies, safety concerns or changes to Arrival or Departure;

(d) respond to reasonable communications within a reasonable time;

(e) cooperate in resolving operational issues in a practical and commercially reasonable manner;

(f) take reasonable steps to minimise avoidable loss or damage;

(g) comply with all applicable laws, lawful directions and safety requirements; and

(h) refrain from engaging in misleading, deceptive, abusive, threatening or unreasonable conduct.

9.3 Weather and Marine Conditions

The Parties acknowledge that weather, tides, currents, swell, navigation hazards, mechanical issues and other marine conditions may affect the safe operation of vessels.

Where such circumstances arise, the Parties are encouraged to communicate as early as reasonably practicable and, where appropriate, consider reasonable alternatives, including:

amending Arrival or Departure dates;
postponing the Booking;
relocating the Vessel to another suitable Berth (where available);
agreeing to a credit or other mutually acceptable arrangement; or
any other practical solution agreed between the Parties.

Nothing in this clause limits the operation of the applicable Cancellation Policy or any rights available under applicable law.

9.4 No Obligation to Accept an Unsafe Outcome

Nothing in this clause requires either Party to accept an arrangement that would:

(a) compromise the safety of any person, Vessel or Marine Property;

(b) require a Party to act unlawfully;

(d) waive any legal rights or remedies available under this Agreement or applicable law.

9.5 Marina Match Recommendation

Marina Match encourages Dock Masters and Boaters to communicate openly and work together to resolve issues wherever reasonably possible.

The Parties acknowledge that, in the marine environment, early communication and practical cooperation often provide the most effective outcome and help avoid unnecessary cancellations, delays and disputes.

10. Marine Environment Acknowledgement

10.1 Inherent Marine Risks

The Parties acknowledge that boating, navigation and the occupation of a Berth involve inherent risks that are materially different from land-based accommodation and cannot be entirely eliminated.

Marine conditions are dynamic and may change rapidly before, during or after a Booking.

The Boater accepts that the safe operation and navigation of a Vessel requires the exercise of skill, judgement and ongoing assessment of prevailing conditions.

10.2 Marine Conditions

Without limiting the generality of clause 10.1, marine conditions may be affected by factors including, but not limited to:

tides and tidal variations;
water depth and under-keel clearance;
currents and tidal streams;
weather conditions and severe weather events;
wind direction and strength;
swell and wave action;
navigation hazards;
shifting sandbanks or silting;
submerged objects or marine debris;
commercial shipping movements;
recreational vessel traffic;
ferry operations and port activities;
bridge, lock or channel restrictions;
overhead obstructions or power lines;
marine wildlife;
mechanical failure of the Vessel;
failures of navigation or communication equipment; and
any other natural or operational condition affecting the safe navigation or berthing of the Vessel.

10.3 Responsibilities of the Boater

The Boater acknowledges that they are solely responsible for exercising reasonable care, skill and judgement in:

(a) planning and undertaking the voyage to and from the Marine Property;

(b) determining whether it is safe for the Vessel to proceed;

(d) monitoring changing marine and weather conditions throughout the voyage and the Booking; and

(e) complying with all applicable maritime laws, navigation requirements and lawful directions.

10.4 Responsibilities of the Dock Master

The Dock Master agrees to take reasonable care to provide accurate information regarding the Marine Property and to disclose any material hazards or operational restrictions of which the Dock Master is aware that could reasonably affect the safe occupation of the Berth.

Nothing in this clause requires the Dock Master to inspect, verify or guarantee conditions beyond the Marine Property or those that are outside the Dock Master's reasonable knowledge or control.

10.5 Assumption of Marine Risk

Subject to applicable law and the obligations expressly assumed under this Agreement, the Boater acknowledges and accepts the inherent risks associated with boating, navigation and the occupation of the Marine Property.

The Boater further acknowledges that no marina, dock, jetty or berth can guarantee safe navigation or eliminate all risks associated with changing marine conditions.

10.6 Duty to Act Safely

Both Parties agree to exercise reasonable care, caution and sound judgement at all times and to place the safety of persons, vessels and property above convenience or commercial considerations.

Where either Party reasonably believes that continuing a voyage, occupying a Berth or carrying out an activity would create an unacceptable safety risk, that Party should promptly notify the other Party and cooperate in seeking a safe and practical solution.

11. Force Majeure

11.1 Effect of Force Majeure

A Party affected by a Force Majeure Event is not liable for any failure or delay in performing its obligations under this Agreement to the extent that the failure or delay is caused by the Force Majeure Event.

11.2 Notification

The affected Party must notify the other Party as soon as reasonably practicable after becoming aware of the Force Majeure Event, providing reasonable details of:

the nature of the event;
the expected impact;
the anticipated duration; and
any proposed alternative arrangements.

11.3 Duty to Mitigate

The affected Party must take reasonable steps to minimise the effects of the Force Majeure Event and resume performance of its obligations as soon as reasonably practicable.

11.4 Alternative Arrangements

Where a Force Majeure Event affects a Booking, the Dock Master and the Boater are encouraged to communicate promptly and, where reasonably practicable, consider alternative arrangements including:

amending the Arrival or Departure dates;
postponing the Booking;
relocating the Vessel to another suitable Berth (where available);
issuing a booking credit;
agreeing to a partial or full refund; or
any other mutually agreed solution.

11.5 Cancellation

If a Force Majeure Event makes the Booking impossible, unlawful or unsafe to perform, either Party may cancel the Booking.

Any refund, credit or other financial adjustment will be determined in accordance with:

(a) the Dock Master's selected cancellation policy;

(b) any agreement reached between the Parties; and

11.6 Marina Match

Marina Match is not responsible for any loss, delay, cancellation or damage arising from a Force Majeure Event and is not required to determine whether a Force Majeure Event has occurred.

Where reasonably practicable, Marina Match may assist the Parties in communicating and facilitating an alternative arrangement through the Platform.

PART 2 – THE BERTHING LICENCE

12. Formation of the Berthing Licence

12.1 Formation of the Agreement

A Berthing Licence is formed when:

(a) the Dock Master accepts the Boater's booking request; or

(b) where Instant Booking is available, immediately upon successful completion of the booking process,

subject to payment being successfully processed where applicable.

12.2 Contracting Parties

The Berthing Licence is entered into solely between the Dock Master and the Boater.

Marina Match is not a party to the Berthing Licence and assumes no contractual obligations or liabilities arising under this Agreement.

12.3 Booking Confirmation

Following acceptance of the booking, Marina Match may issue a booking confirmation on behalf of the Dock Master.

The booking confirmation forms part of this Agreement and includes, where applicable:

the allocated berth;
arrival and departure dates and times;
vessel details;
fees and charges;
cancellation policy;
any additional conditions specified by the Dock Master.

12.4 Electronic Acceptance

The parties acknowledge that bookings made through the Marina Match Platform are completed electronically.

Acceptance of this Agreement by electronic means constitutes a legally binding agreement to the extent permitted by applicable law.

12.5 Entire Agreement

The Berthing Licence consists of:

this Standard Berthing Licence;
the booking confirmation;
the selected cancellation policy;
any written special conditions specified by the Dock Master before the booking is confirmed.

In the event of inconsistency, the Dock Master's written special conditions prevail to the extent permitted by law.

13. Grant of Licence

13.1 Licence

The Dock Master grants the Boater a personal, non-exclusive, non-transferable and revocable licence to occupy the allocated berth for the booked period, subject to this Agreement.

13.2 Nature of the Licence

This Agreement grants only a temporary licence to occupy the berth.

It does not create:

a lease;
a tenancy;
exclusive possession;
an easement;
any proprietary interest;
any interest in land.

The Dock Master retains possession and control of the berth at all times.

13.3 Permitted Use

The berth may only be used for the vessel identified in the booking confirmation unless the Dock Master provides prior written approval.

13.4 Personal Licence

The Berthing Licence is personal to the Boater.

The Boater must not assign, transfer, sublicense or otherwise permit another person to occupy the berth without the Dock Master's prior written consent.

13.5 No Guarantee of Continuous Occupation

The right to occupy the berth remains subject to this Agreement, including any relocation rights contained in Clause 15.

14. Arrival and Departure

14.1 Arrival

The Boater must arrive during the agreed arrival period unless otherwise approved by the Dock Master.

14.2 Departure

The vessel must vacate the berth by the agreed departure time.

The berth must be left clean, safe and free of all personal property.

14.3 Late Arrival

If the Boater reasonably expects to arrive later than the scheduled arrival time, the Boater must notify the Dock Master as soon as practicable.

Failure to provide notice may result in cancellation of the booking where permitted by the applicable cancellation policy.

14.4 Late Departure

Occupation of the berth beyond the agreed departure time without approval constitutes unauthorised occupation.

The Dock Master may:

charge additional berthing fees;
relocate the vessel;
recover reasonable costs arising from the delayed departure;
take any other reasonable action permitted by law.

14.5 Failure to Arrive

Where the Boater fails to arrive within the agreed arrival period without prior notice, the Dock Master may treat the booking as a no-show in accordance with the applicable cancellation policy.

14.6 Extension of Stay

Any request to extend the booking is subject to berth availability and the Dock Master's approval.

No extension takes effect until confirmed by the Dock Master.

14.7 Early Departure

The Boater may depart earlier than scheduled.

Unless otherwise provided by the applicable cancellation policy or agreed by the Dock Master, no refund is payable for unused occupancy.

15. Berth Allocation

15.1 Allocation of Berth

The Dock Master will allocate a berth suitable for the booked vessel having regard to its dimensions, operational requirements and availability.

15.2 Right to Relocate

The Dock Master may relocate the vessel to another suitable berth at any time where reasonably necessary for:

marina operations;
maintenance or repair works;
emergencies;
safety;
weather conditions;
tidal conditions;
navigational requirements;
vessel dimensions;
operational efficiency;
regulatory requirements;
environmental protection;
security;
any other reasonable operational purpose.

15.3 Comparable Berth

Where reasonably practicable, the replacement berth will be substantially comparable to the original booking, taking into account:

vessel size;
draft;
services;
accessibility;
safety.

15.4 No Compensation

A relocation made in accordance with this clause does not constitute a breach of this Agreement and does not entitle the Boater to compensation or a refund, provided the replacement berth is reasonably suitable.

15.5 Emergency Relocation

Where immediate action is reasonably necessary to protect persons, vessels or property, the Dock Master may board, move or arrange for the movement of the vessel without prior notice.

The Boater remains responsible for any reasonable costs incurred where the relocation became necessary due to the Boater's breach of this Agreement.

16. Occupation

16.1 Use of Berth

The berth may only be used for lawful recreational or commercial purposes consistent with its intended use.

16.2 Conduct

The Boater must ensure that all occupants, guests, contractors, crew members and visitors conduct themselves in a safe, respectful and lawful manner.

16.3 Visitors

Visitors remain the responsibility of the Boater at all times while on the marina premises.

16.4 Maximum Occupancy

The Dock Master may impose reasonable limits on:

the number of persons aboard;
overnight occupancy;
visitor access;
vehicle parking;
use of marina facilities.

16.5 Prohibited Activities

Unless expressly authorised by the Dock Master, the Boater must not:

operate a business from the berth;
undertake major repairs;
create unreasonable noise;
discharge pollutants;
store hazardous materials contrary to law;
interfere with other berth users;
obstruct navigation;
engage in unlawful activities.

16.6 Compliance with Marina Rules

The Boater must comply with all reasonable marina rules, safety requirements and lawful directions issued by the Dock Master.

PART 3 – RESPONSIBILITIES

Division 1 – Boater Responsibilities

17. Vessel Information

17.1 Accurate Information

The Boater warrants that all information provided in relation to the vessel is true, complete and accurate at the time of booking and throughout the duration of the Berthing Licence.

17.2 Required Vessel Information

The Boater must provide accurate details of the vessel, including where applicable:

Vessel name;
Registration number;
Length Overall (LOA);
Beam;
Draft;
Air Draft;
Displacement;
Vessel type;
Insurance details; and
Any other information reasonably requested by the Dock Master.

17.3 Changes to Vessel Information

The Boater must promptly notify the Dock Master of any material change to the vessel or its particulars before arrival.

17.4 Suitability of the Berth

The Boater acknowledges that the Dock Master allocates berths based on the information supplied by the Boater.

The Boater is solely responsible for ensuring that the vessel is suitable for the allocated berth.

17.5 Incorrect Information

If inaccurate or incomplete information provided by the Boater results in:

an unsuitable berth allocation;
operational disruption;
relocation of the vessel;
additional labour;
damage; or
additional costs,

the Boater is responsible for all reasonable costs incurred.

17.6 Insurance

The Boater warrants that any insurance required under this Agreement remains current throughout the booking period.

18. Safe Voyage Planning

18.1 Sole Responsibility

The Boater is solely responsible for planning and undertaking the voyage to and from the berth.

18.2 Navigation Assessment

Before commencing the voyage, the Boater must independently assess all factors relevant to the safe operation of the vessel, including:

weather forecasts;
wind conditions;
tides;
currents;
swell;
sea state;
water depth;
bridge clearances;
air draft restrictions;
navigational hazards;
fuel requirements;
crew competency; and
the seaworthiness of the vessel.

18.3 Local Conditions

The Boater is responsible for becoming familiar with local navigation conditions, harbour rules, speed restrictions, and any navigational notices applicable to the voyage.

18.4 Independent Judgment

Any information provided by the Dock Master or Marina Match regarding navigation, weather, tides or local conditions is provided for general information only.

The Boater must exercise independent judgement and remains solely responsible for the safe navigation and operation of the vessel.

19. Navigation Responsibility

This clause separates voyage planning from actual navigation.

19.1 Responsibility for Navigation

The Boater has sole responsibility for the navigation, manoeuvring, berthing and operation of the vessel at all times.

19.2 Safe Operation

The Boater must operate the vessel safely and in accordance with:

applicable maritime laws;
navigation rules;
harbour regulations;
directions issued by harbour authorities;
reasonable directions issued by the Dock Master.

19.3 Assistance

Where the Dock Master, marina staff or volunteers provide berthing assistance, including verbal guidance, line handling or docking assistance, such assistance is provided as a courtesy only.

The Boater remains solely responsible for the safe navigation and control of the vessel.

19.4 Damage During Navigation

The Boater is responsible for any loss or damage arising from the navigation, manoeuvring, berthing or departure of the vessel unless caused by the negligence of the Dock Master.

20. Conduct

20.1 General Conduct

The Boater must ensure that the Boater, crew members, passengers, visitors and contractors behave in a safe, respectful and lawful manner.

20.2 Compliance

The Boater must comply with:

marina rules;
lawful directions of the Dock Master;
applicable laws;
reasonable safety requirements.

20.3 Noise

The Boater must not create unreasonable noise or disturbance that interferes with the safety, comfort or enjoyment of other berth users, except where such activity is expressly authorised by the Dock Master or is otherwise permitted under the marina rules or applicable laws.

20.4 Children

Children must remain under appropriate adult supervision at all times while within the marina.

20.5 Pets

Pets are permitted only where authorised by the Dock Master. Unless otherwise expressly approved by the Dock Master, all pets must remain on a leash or otherwise suitably restrained at all times while within the marina or on the marina premises.

The Boater is responsible for ensuring that all pets are properly supervised, do not create a nuisance or pose a risk to persons, vessels, wildlife or property, and comply with any applicable marina rules.

The Boater must immediately clean up and properly dispose of any waste generated by a pet and is responsible for any loss, damage, injury or costs arising from the actions of the pet.

Nothing in this clause limits the rights of persons accompanied by assistance animals where such rights are protected by applicable law.

20.6 Fishing

Fishing activities, including recreational, commercial and spear fishing, are prohibited within the marina or from the berth unless expressly authorised by the Dock Master. Where permission is granted, the Boater must comply with all applicable laws, regulations and any conditions imposed by the Dock Master.

20.7 Swimming and Diving

Swimming, diving or entering the water within the marina is prohibited unless expressly authorised by the Dock Master or required in an emergency.

20.8 Alcohol and Dangerous Behaviour

The Boater must not engage in intoxicated, reckless, violent or dangerous behaviour that may endanger persons, vessels or marina property.

21. Environmental Obligations

21.1 General Obligation

The Boater must take all reasonable steps to minimise environmental harm while occupying or using the berth.

21.2 Pollution

The Boater must not intentionally or negligently discharge into the water:

fuel;
oil;
chemicals;
sewage;
grey water where prohibited;
black water;
detergents;
rubbish; or
any pollutant or hazardous substance.

21.3 Waste Disposal

The Boater must dispose of all waste in a lawful, safe and environmentally responsible manner. Where waste disposal facilities are provided by a commercial marina, the Boater must use only the designated waste disposal facilities in accordance with the marina's rules.

Where the berth is located at a private jetty or private dock, the Boater may only use the Dock Master's waste disposal facilities with the Dock Master's express permission. Any waste disposed of must be limited to a reasonable quantity of waste generated during the booked stay and must not impose an unreasonable burden on the Dock Master or exceed any conditions specified by the Dock Master.

The Boater must not dispose of commercial waste, hazardous waste, bulky items, abandoned property or excessive quantities of rubbish using the Dock Master's waste disposal facilities unless expressly authorised by the Dock Master.

21.4 Fuel Handling

Fuel transfers, refuelling and the handling of fuel containers must be carried out safely and in accordance with all applicable laws, environmental requirements, safety standards and the Dock Master's reasonable directions. The Boater must take all reasonable precautions to prevent fuel spills, fire hazards and environmental contamination.

21.5 Courtesy Trolleys

Unless expressly authorised by the Dock Master, courtesy trolleys or other marina equipment must not be used to transport fuel containers, hazardous substances or dangerous goods. The Boater must comply with any marina rules regarding the transport, storage and handling of fuel and other hazardous materials.

21.6 Pollution Incident

The Boater must immediately notify the Dock Master of:

any fuel spill;
oil spill;
sewage discharge;
hazardous substance release;
pollution incident; or
environmental damage,

whether caused by the Boater or otherwise becoming known to the Boater.

21.7 Clean-up Costs

The Boater is responsible for all reasonable costs incurred in cleaning up pollution or environmental damage caused by the Boater, the vessel, or any person for whom the Boater is responsible, except to the extent the damage is caused by the negligence or wilful misconduct of the Dock Master.

21.8 Biosecurity

The Boater must comply with all applicable biosecurity laws and take reasonable steps to prevent the introduction or spread of invasive marine species, pests and diseases. The Dock Master may require reasonable inspection, cleaning or treatment of the vessel where required by law or by a competent authority.

Division 2 – Dock Master Responsibilities

22. Authority

22.1 Authority to Grant Licence

The Dock Master warrants that they have the legal right and authority to list the berth and grant the Berthing Licence for the booking period.

22.2 Accuracy of Authority

The Dock Master must not knowingly advertise or accept bookings for any berth unless authorised to do so.

22.3 Changes to Authority

If the Dock Master becomes aware that they no longer have authority to grant the Berthing Licence, they must promptly notify the Boater and Marina Match.

22.4 Compliance

The Dock Master is responsible for complying with all applicable laws, approvals, leases, licences, marina rules and contractual obligations relating to the operation and licensing of the berth.

23. Information to be Provided

23.1 General Information

The Dock Master must provide accurate information about the berth and any facilities or services offered with the booking.

23.2 Berth Information

Where applicable, the Dock Master should provide information including:

maximum vessel length (LOA);
maximum beam;
maximum draft;
maximum air draft (if applicable);
berth type;
water depth (where reasonably known);
tidal limitations (where applicable);
mooring configuration;
access arrangements;
operating hours; and
any other information reasonably necessary for safe use of the berth.

23.3 Utilities and Facilities

Where utilities or facilities are advertised as included, the Dock Master must identify those available to the Boater, including where applicable:

electricity;
potable water;
Wi-Fi;
waste disposal;
amenities;
fuel facilities;
parking;
security access;
laundry facilities;
pump-out facilities; and
any other advertised services.

23.4 Restrictions

The Dock Master must disclose any known restrictions affecting the berth or marina, including where applicable:

maximum vessel dimensions;
speed restrictions;
operating hours;
access restrictions;
vehicle restrictions;
liveaboard restrictions;
pet restrictions;
fishing restrictions;
generator restrictions;
noise restrictions; and
any other material operational requirements.

23.5 No Warranty

The Dock Master does not warrant that weather, tides, currents or other natural conditions will remain unchanged throughout the booking.

24. Known Hazards

24.1 Disclosure

The Dock Master must disclose any known hazards that could reasonably affect the safe use of the berth or access to it.

24.2 Examples

Known hazards may include, where applicable:

shallow water;
submerged rocks;
sandbars;
bridge clearance restrictions;
overhead power lines;
strong currents;
tidal limitations;
locks;
narrow channels;
construction works;
damaged infrastructure;
restricted manoeuvring areas;
security risks; and
any other known hazard that is not obvious to a reasonably competent skipper.

24.3 Continuing Obligation

Where reasonably practicable, the Dock Master must notify the Boater of any significant hazard that becomes known after the booking is confirmed and before the end of the booking period.

24.4 Boater's Responsibility

The Dock Master's disclosure of hazards does not relieve the Boater of the responsibility to independently assess navigation conditions and safely operate the vessel.

25. Maintenance

25.1 Reasonable Condition

The Dock Master must take reasonable care to maintain the berth and any facilities included with the booking in a condition reasonably suitable for their intended purpose.

25.2 Infrastructure

Where applicable, the Dock Master is responsible for maintaining:

pontoons;
docks;
jetties;
mooring equipment provided by the Dock Master;
electrical services;
water services;
access walkways; and
any other facilities included with the booking.

25.3 Temporary Interruptions

The Dock Master may temporarily suspend or interrupt utilities or services where reasonably necessary for:

maintenance;
repairs;
emergencies;
public safety;
regulatory compliance; or
circumstances beyond the Dock Master's reasonable control.

Where reasonably practicable, the Dock Master will provide advance notice of any planned interruption.

25.4 Fair Wear and Tear

The Dock Master is not responsible for deterioration arising from ordinary wear and tear, adverse weather, natural marine conditions or circumstances beyond the Dock Master's reasonable control, provided reasonable maintenance has been undertaken.

25.5 Right to Refuse or Require Removal

The Dock Master may refuse entry to, or require the removal of, any vessel that the Dock Master reasonably believes is unsafe, unseaworthy, abandoned, leaking, on fire, creating a pollution risk, or otherwise poses a risk to persons, property or the environment. Where reasonably practicable, the Dock Master will notify the Boater before taking such action, except where immediate action is necessary to protect safety or prevent damage.

PART 4 – LIABILITY

26. Damage to Marine Property

26.1 Responsibility for Damage

The Boater is responsible for any loss or damage caused by the Boater, the vessel, its passengers, crew, contractors, visitors or pets to:

the berth;
marina infrastructure;
docks;
jetties;
pontoons;
piles;
moorings;
gangways;
floating structures;
navigation aids;
marina equipment;
utilities; or
any other marine property belonging to or under the control of the Dock Master.

26.2 Fair Wear and Tear

The Boater is not responsible for reasonable wear and tear resulting from the ordinary and proper use of the berth.

26.3 Notification

The Boater must notify the Dock Master as soon as reasonably practicable after becoming aware of any damage.

26.4 Repair Costs

The Boater must reimburse the Dock Master for the reasonable cost of repairing damage for which the Boater is responsible.

27. Damage to Other Property

27.1 Third-Party Property

The Boater is responsible for any loss or damage caused by the Boater or the vessel to any third-party property, including:

neighbouring vessels;
vehicles;
trailers;
buildings;
marina facilities;
utilities;
landscaping; and
any other property.

27.2 Personal Property

Each party remains responsible for protecting their own personal property.

Unless caused by negligence or wilful misconduct, neither party is responsible for the theft, loss or damage of the other party's personal belongings.

27.3 Reporting

Where required by law or reasonably requested, the parties must cooperate in reporting incidents to insurers or relevant authorities.

28. Indemnities

28.1 Boater's Indemnity

To the maximum extent permitted by law, the Boater indemnifies the Dock Master against all claims, liabilities, losses, damages, costs and expenses arising from:

the Boater's breach of this Agreement;
negligent or unlawful acts or omissions of the Boater;
operation of the vessel;
pollution caused by the vessel;
injury or death caused by the Boater;
damage to property caused by the Boater.

28.2 Dock Master's Indemnity

To the maximum extent permitted by law, the Dock Master indemnifies the Boater against claims arising directly from the Dock Master's negligence or breach of this Agreement.

28.3 Mitigation

Each party must take reasonable steps to minimise any loss or damage.

28.4 No Double Recovery

A party is not entitled to recover the same loss more than once under this Agreement.

29. Insurance

29.1 Boater Insurance

The Boater must maintain, throughout the booking:

appropriate vessel insurance;
public liability insurance where required by law or by the Dock Master; and
any compulsory insurance required by applicable legislation.

29.2 Dock Master Insurance

The Dock Master must maintain any insurance required by law relating to the operation of the berth.

Commercial marina operators should maintain appropriate public liability insurance.

29.3 Evidence

Either party may reasonably request evidence of current insurance before the booking commences.

29.4 No Limitation

The insurance requirements under this Agreement do not limit either party's legal responsibilities.

30. Marine Environment Acknowledgement

30.1 Acknowledgement

The parties acknowledge that boating and marina activities involve inherent risks that cannot be completely eliminated.

30.2 Marine Risks

Such risks may include:

changing weather;
tides;
currents;
swell;
floating debris;
submerged objects;
marine life;
vessel movements;
equipment failure;
navigation hazards; and
other natural or operational risks.

30.3 Assumption of Risk

Subject to applicable law, the Boater accepts these inherent marine risks associated with operating and occupying a berth.

31. Emergencies

31.1 Emergency Notification

The Boater must immediately notify the Dock Master of any emergency affecting:

persons;
vessels;
marina property;
fuel spills;
fires;
flooding;
pollution;
structural damage; or
any other serious incident.

31.2 Emergency Services

Nothing prevents any person from contacting emergency services where immediate assistance is required.

31.3 Cooperation

Both parties must reasonably cooperate during an emergency.

32. Emergency Powers

32.1 Emergency Action

Where the Dock Master reasonably believes immediate action is necessary to protect persons, vessels, property or the environment, the Dock Master may:

board the vessel;
relocate the vessel;
secure the vessel;
disconnect utilities;
arrange towing;
engage emergency contractors;
remove immediate hazards; or
take any other reasonable action necessary to protect safety.

32.2 Notice

Where reasonably practicable, the Dock Master will notify the Boater before taking action.

If prior notice is impracticable, notice must be given as soon as reasonably possible afterwards.

32.3 Recovery of Costs

Where emergency action becomes necessary due to the Boater's breach of this Agreement, negligence or unlawful conduct, the Dock Master may recover the reasonable costs incurred.

33. Force Majeure

33.1 Events

Neither party is liable for delay or failure to perform caused by events beyond their reasonable control, including:

cyclone;
flood;
bushfire;
earthquake;
tsunami;
severe storm;
lightning;
war;
terrorism;
civil unrest;
pandemic;
government restrictions;
port closure;
marina closure;
industrial action;
utility failure; or
any other Force Majeure Event.

33.2 Notification

The affected party must notify the other party as soon as reasonably practicable.

33.3 Suspension

Obligations affected by the Force Majeure Event are suspended for the duration of the event.

34. Limitation of Liability

34.1 Exclusion

To the maximum extent permitted by applicable law, neither party is liable for indirect, consequential, incidental, special or exemplary loss, including:

loss of profit;
loss of revenue;
loss of business opportunity;
loss of goodwill; or
economic loss,

except where such liability cannot lawfully be excluded.

34.2 No Exclusion of Mandatory Rights

Nothing in this Agreement excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under applicable law, including the Australian Consumer Law where applicable.

34.3 Reasonable Liability

Each party remains liable for loss or damage directly caused by its own negligence, breach of this Agreement, fraud or wilful misconduct.

34.4 Salvage and Abandoned Vessels

If the Boater's vessel is abandoned, left at the berth beyond the authorised occupation period without the Dock Master's consent, or is otherwise reasonably believed by the Dock Master to present a risk to persons, property, navigation or the environment, the Dock Master may, to the extent permitted by applicable law and after giving any notice required by law, take such reasonable action as is necessary to secure, relocate, store, salvage or otherwise deal with the vessel.

The Boater is responsible for all reasonable costs and expenses incurred by the Dock Master in taking such action, except to the extent that the action became necessary as a result of the Dock Master's negligence or wilful misconduct.

Nothing in this clause limits any rights or remedies available to the Dock Master under applicable law in relation to abandoned vessels or uncollected property.

34.5 Wreck Removal

If the Boater's vessel sinks, grounds, becomes stranded, partially submerged, abandoned, or otherwise creates an obstruction or hazard to navigation, persons, property or the environment, the Boater must, at the Boater's own cost, promptly remove, recover or otherwise make the vessel safe in accordance with all applicable laws and any lawful direction of the Dock Master or a competent authority.

If the Boater fails to take timely action, or if immediate action is reasonably necessary to protect persons, property, navigation or the environment, the Dock Master may arrange for the removal, recovery, securing or disposal of the vessel or any associated debris.

The Boater must reimburse the Dock Master for all reasonable costs and expenses incurred in taking such action, except to the extent that the incident was caused by the negligence or wilful misconduct of the Dock Master.

The rights conferred by this clause are in addition to, and do not limit, any rights or powers conferred on the Dock Master or any competent authority under applicable law.

PART 5 – DISCLAIMER

35. Standard 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.