paid up boat moorings

bridgitonboat

Hi, i have paid up my boat moorings in full till november 2013, circumstances have changed and we have to leave the marina and we would like a refund from march to november, we have signed no contract. we have heard that the marina owner does not give refunds, so where do we stand?awaiting your replies, thanks.

bris

You are not entitled to a refund, you are contracted till the end, you don't need to sign a contract, your actions by paying him to November form the contract,if he gives you one it's goodwill. You can ask to to resell the mooring to mitigate your lose, but if he has other ones then he would sell them first before yours.

unholyangel

OFTs unfair contract terms guidance:

Where customers cancel without any such justification, and the supplier suffers loss as a result, they cannot expect a full refund of all prepayments. But a term under which they always lose everything they have paid in advance, regardless of the amount of any costs and losses caused by the cancellation, is at clear risk of being considered an unfair penalty – see Group 5.

A way to improve the fairness of such a term is to ensure that it does not go beyond the ordinary legal position. Where cancellation is the fault of the consumer, the business is entitled to hold back from any refund of prepayments what is likely to be reasonably needed to cover his net costs or the net loss of profit resulting directly from the default. There is no entitlement to any sum that could reasonably be saved by, for example, finding another customer.

Hintza

In these times I it could perhaps be argued that the mooring can not be re-let, you could argue that no refund is applicable until the space is re-let. The OP might be best trying to find someone to take over the mooring.

However if there is a waiting list then the OP should get their money back less an admin fee.

Are there any other free moorings? If so I think you will get nothing (at this time).

unholyangel

Personally I'd also say it depends on whether OP had just paid up in advance or whether they did actually agree to (for example) 1 year.

ie if moorings are let on a monthly basis, and OP has only paid up till November because they wanted to and not because they were required to by agreement/contract.

If thats the case, personally I'd say they should get a full refund of any overpayment. If not, then it comes down to whether the company/guy can mitigate his loss.

Hintza

I agree with you and did think I should have added that as a caveat.