contract terms and conditions

rufuschucklebutty

I have a contract for rental of a berth in a marina that has two points I would like your opinion on.

Paraphrasing contract.


1. "Unpaid accounts will entitle xxxx ( name of business ) to double the amount owed. And exersise a general lien on customers property until it is paid."

Never heard that before, is it legal ?

2. " contract entitles a client to make free use of showers and washing machines "

both of these facilities are pound coin operated, does it mean free as in money, or free access to ? Do they owe me all the money I put in them ? That would be very sweet !

I have left this nasty place after 12 months, so I'm just interested if these things are actually legal.

unholyangel

Is the business located in the UK? Are you operating as a consumer?

If so their terms likely fall foul of the unfair terms legislation (unfair contract terms act and unfair terms in consumer contracts regulations).

bris

1 would be party unfair as they can't just double the amount owed, all they could add would be their expenses and interest until paid. The lien would be legal though as this is used widespread, a garage for instance won't give you your car back until you pay for the repairs. You would pay under protest to release the boat then sue for what you believe you overpaid.


2 would be ok, free access for customers only, double meaning but regardless the fact you have to put in a pound gives you the choice to use it or not.