Premier Berthing Commission Scheme Terms and Conditions
“Premier” means Premier Marinas Ltd, its subsidiaries, its staff and agents;
“Introducer” a new boat sales or brokerage company or other registered marine business.
“Client” the registered owner of a private leisure craft purchased through the Introducer;
“Schedule of Retail Marina Charges” the list of prices for berthing fees available at: www.premiermarinas.com
2. Commission Rates
2.1. Commission rates for each marina are published quarterly in advance on Premier’s website. A commission rate of 10% will apply to new referrals into any of our ten marinas by tenants of Premier Marinas.
2.2. Commission is capped at a maximum of £500 per referral.
2.3. Premier shall on receipt of an appropriate invoice pay the Introducer a sum equivalent to the lower of:
2.3.1. the applicable percentage (as described in 2.1) of an annual, pay annual berthing contract at the Client’s chosen marina, exclusive of VAT; or
2.3.2. the maximum commission cap (as described in 2.2)
The invoice should be addressed to the marina the Client has been referred to. Berthing fees vary according to the location of the marina, applicable berthing rates can be viewed on each marina’s Schedule of Retail Marina Charges.
2.4. Introducers must be tenants of Premier to be eligible for commission; this will not apply if the Introducers’ account is either overdue or in arrears.
2.5. The payment will only relate to the Client’s first years’ berthing, no further commission is due should the Client renew their berthing in subsequent years.
2.6. In the event of a Client cancelling a berthing agreement within 12 months of commencement, Premier reserves the right to reclaim any commissions paid to the Introducer in respect of that agreement in proportion to the fees rebated.
2.7. The Client must accept and pay for a full annual berthing contract following an introduction by the Introducer, for the avoidance of doubt no commission is due on any other berthing products, boatyard services or ancillary services offered by Premier.
3.1. The Introducer must be registered on the scheme to participate, an application to register must be completed via the website www.premiermarinas.com/Register-Company and approved by Premier before any Clients may be referred.
3.2. The offer applies only to the introduction of Clients who purchase an annual marina wet berthing contract or an annual dry stack contract and which is new to us.
3.3. All referrals are subject to the availability of a suitable berth at the Client’s chosen marina.
3.4. Current or former customers of Premier are not eligible for referral, Premier will notify the Introducer when a referral has been declined on this basis.
3.5. For a Client to be deemed referred, they must be referred through the Premier website form /Refer-a-Client
3.6. The referral must take place before the Client’s contract begins, retrospective referrals will not be considered under any circumstance.
3.7. Premier employees and their immediate family are not permitted to register or participate in this scheme during their employment or within 12 months of leaving employment with Premier.
4. Your Obligations
4.1. If the Introducer holds or processes personal data in relation to the Client, the Introducer undertakes to Premier to comply with the applicable provisions of relevant data protection legislation consisting of the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK.
4.2. The Introducer does not act as an agent or as a representative of Premier.
4.3. The Introducer cannot transfer their rights to anyone else.
4.4. The Introducer may provide prospective clients with Premier marketing literature and information leaflets in relation to Premier.
5. General Terms
5.1. This offer is subject Premier’s management’s absolute discretion (and for the avoidance of doubt, Premier may at its sole discretion decline an application without explanation) and Premier reserves the right to amend or withdraw this scheme at any time without prior notice.
5.2. Premier’s Marina Regulations and Terms and Conditions of wet and dry stack berthing shall apply.
5.3. All copyright, trademarks and other intellectual property rights relating to Premier businesses shall remain vested in Premier.
5.4. Premier will not be liable to the Introducer be it under Contract Law, Law of Tort or otherwise for any loss of profit or revenue or other type of economic loss, direct or indirect, loss of business, contracts or goodwill and any contract terms that the Law normally implies do not apply to this incentive offer, as far as the Law will allow.
5.5. The Introducer shall be treated as having accepted these terms when a Client is referred to the scheme.
5.6. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.7. These terms are governed by English law. Premier and the Introducer both agree to submit to the jurisdiction of the English courts.