Mates, 2 weeks ago, I dropped off my boat at a nearby marina (Gateway marina – Brooklyn NYC) to have some work done on my outboard. I received a service receipt from the service manager and was told that I can drop off my boat at a specified slip and all would be taken care off. I was told that the work should be completed by Tuesday night (I dropped off the boat on Sunday- day before July 4th) and that the marina will call me once the work is done. On Tuesday, the service desk left a voice mail on my phone – indicating that the work was done. I returned the call on Wednesday morning and spoke with someone who answered the phone from the marina and said that I will not be able to pick up the boat until Thursday night. No problem they said –they’ll pass on the information to the service manager. Thinking everything was taken care off I scheduled to drive 1.5 hours to the marina on Thursday. On Thursday night, I arrived and was told that the Marina hauled out my boat because it was left in someone’s slip and I would have to come back another day and pay for haul out and blocking charges. I spoke with the service manager and he told me that he and the ‘marina’ were not part of the same company and there was some kind of a mix up and I would have to deal with the marina owner. You know where this is going – the marina owner told me that since the service manager didn’t have any right to tell me to leave my boat in the slip and someone returned to the slip (allegedly) while my boat was waiting for me – they hauled it out and I owed them money. I showed the marina owner the receipt where it had no reference to the fact that I had to pick up the boat w/in a specified amount of time or it would be hauled out – further, no one told me that unless I would move the boat, I would be subject to haul out and blockage charges. If I would have known this I would drop everything and drive the 1.5 hours to pick up the boat. Needless to say, I didn’t have a choice – I was forced to pay the marina $386 – on top of the service charge for the engine work. This was marked down after the marina owner told me that he felt bad for me that I was stuck in the middle of this situation and it was really the fault of the service manager. The marina owner kept trying to cut a deal with me and convince me to move my boat to their marina in exchange for a further markdown in hauling charges –however he kept pushing me and demanded that I make a decision right there on the spot – something I didn’t feel comfortable doing. What do I do… I spoke with my lawyer and was told that I can sue in small claims court…
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Well, that stinks
The service manager is an officer of the marina. He does have the right to speak for the marina. I would watch out they don't start charging you storeage. I would try to make a deal with them. They already hulled the boat maybe they would be willing to provide a discount winter storage. They have you by the short hairs. A lawyer will cost more than the hull out.
The service manager is an officer of the marina. He does have the right to speak for the marina. I would watch out they don't start charging you storeage. I would try to make a deal with them. They already hulled the boat maybe they would be willing to provide a discount winter storage. They have you by the short hairs. A lawyer will cost more than the hull out.
Small Claims court
If ever there was a case for small claims, they come along often, this is it. It costs little to file, and think about all the other people that you will be standing up for. This catch 22 game is an old one, good cop, bad cop routine, file and odds are they will refund your money as you will have to foot the bill now, no one likes to go to small claims if they are in business. The light may shine too brightly and be referred to the city attorney, a safety board (OSHA) or the IRS. This can be turned around, do the driving.
If ever there was a case for small claims, they come along often, this is it. It costs little to file, and think about all the other people that you will be standing up for. This catch 22 game is an old one, good cop, bad cop routine, file and odds are they will refund your money as you will have to foot the bill now, no one likes to go to small claims if they are in business. The light may shine too brightly and be referred to the city attorney, a safety board (OSHA) or the IRS. This can be turned around, do the driving.
Did you sign any forms
specifically stating that the service dept is not in any way part of the marina? Was there any fine print on the form? If you signed nothing the marina has you, because you left your boat in their slip and they have the right to remove it. Not very nice, but it is their property. Maybe some bad vibes going around that marina. I would stay away from there. Just pay up and try to work out a cash deal.If you have a lawyer friend, file it in small claims and it will cost the marina some cash and most likey will settle with you. Good luck and keep us updated. Keep it up, Ctskip Gateway Marinsa in Brooklyn NY. Lets try to remember them. Hopefully they'll have a comment or two. How about it guys?
specifically stating that the service dept is not in any way part of the marina? Was there any fine print on the form? If you signed nothing the marina has you, because you left your boat in their slip and they have the right to remove it. Not very nice, but it is their property. Maybe some bad vibes going around that marina. I would stay away from there. Just pay up and try to work out a cash deal.If you have a lawyer friend, file it in small claims and it will cost the marina some cash and most likey will settle with you. Good luck and keep us updated. Keep it up, Ctskip Gateway Marinsa in Brooklyn NY. Lets try to remember them. Hopefully they'll have a comment or two. How about it guys?
When you file a suit in District Court in Maryland
the clerks will assist you in filing the correct papers. Be sure to name ALL of the defendants. Each defendant will be served with a summons discribing the suit. They may reply in writing stating their side of the dispute or they may choose to appear before the judge. Be sure to check if you can recover the cost of the filing should the judge find yin your favor. They may also decide to settle out of court. Both sides have many options. You must have the preponderance of evidence in order to prevail. The judges don't like "he said she said" fights. Make note of every phone call. every conversation as best as you can recall, don't be creative, stick to the facts as you believe them to be. You will also need mailing addresses for each defendant and also if posible home addresses in the event they refuse service by certified mail. Edit to add: District court is where small claims are handled in Maryland. They have an upper limit of 5000 dollars.
the clerks will assist you in filing the correct papers. Be sure to name ALL of the defendants. Each defendant will be served with a summons discribing the suit. They may reply in writing stating their side of the dispute or they may choose to appear before the judge. Be sure to check if you can recover the cost of the filing should the judge find yin your favor. They may also decide to settle out of court. Both sides have many options. You must have the preponderance of evidence in order to prevail. The judges don't like "he said she said" fights. Make note of every phone call. every conversation as best as you can recall, don't be creative, stick to the facts as you believe them to be. You will also need mailing addresses for each defendant and also if posible home addresses in the event they refuse service by certified mail. Edit to add: District court is where small claims are handled in Maryland. They have an upper limit of 5000 dollars.
signatures, documents, etc.
The only document i signed was a service request form - i reread it 20 times and there was no mention to 'boat has to be picked up w/in N hours after work is complete' or that the service and marina are not the same company. As for any other documents, the marina office did not want to give me any other receipts, other than my credit card receipt slip - they demanded the charges for haulouts and blockage. I've contacted the attorney and he is assisting me in small claims court.
The only document i signed was a service request form - i reread it 20 times and there was no mention to 'boat has to be picked up w/in N hours after work is complete' or that the service and marina are not the same company. As for any other documents, the marina office did not want to give me any other receipts, other than my credit card receipt slip - they demanded the charges for haulouts and blockage. I've contacted the attorney and he is assisting me in small claims court.
It's called Apparent Authority...
if the marina and the service dept appear to be the same organization (ex: same office, address, phone no, etc.) and there's no express distinction between the two, you have a good argument that the service guy was, in fact, speaking on behalf of the marina. Your lawyer has probably already explained that to you. Should work well in small claims court. Of course, all that's going to get you is a judgment, which you then have to enforce in order to actually get paid. Like Ross said, note details of every call (with copy of phone bill to show it was made), and bring anything you can remotely relate to the incident. Seriously, repair manuals even count. The more you have, the worse they look because ~if~they will show up (most def do not in small claims) they will just sit there and say "not our problem". Did you charge the fee on a credit card? Best bet is to deny the credit card charge and let them fight it for you.
if the marina and the service dept appear to be the same organization (ex: same office, address, phone no, etc.) and there's no express distinction between the two, you have a good argument that the service guy was, in fact, speaking on behalf of the marina. Your lawyer has probably already explained that to you. Should work well in small claims court. Of course, all that's going to get you is a judgment, which you then have to enforce in order to actually get paid. Like Ross said, note details of every call (with copy of phone bill to show it was made), and bring anything you can remotely relate to the incident. Seriously, repair manuals even count. The more you have, the worse they look because ~if~they will show up (most def do not in small claims) they will just sit there and say "not our problem". Did you charge the fee on a credit card? Best bet is to deny the credit card charge and let them fight it for you.
since you paid with a credit card
maybe you can "contest" the charge thru the credit card company as you did not authozize the haul out. Not sure where you will get with this approach but might be worth a try. I do know that you will get the "marina owners" attention if you can convince the credit card company to with hold payment(or back bill the marina if they have already paid it)based on you side of the story. Can't hurt and got to be worth a try. Good Luck and keep us updated.
maybe you can "contest" the charge thru the credit card company as you did not authozize the haul out. Not sure where you will get with this approach but might be worth a try. I do know that you will get the "marina owners" attention if you can convince the credit card company to with hold payment(or back bill the marina if they have already paid it)based on you side of the story. Can't hurt and got to be worth a try. Good Luck and keep us updated.
They could have moved your boat....
I have had some bad experiences with boat yards over the years. The only piece of advice has already been given and that is this place is known to have transient slips available. All they had to do is move your boat into one of these slips. No matter what their transient fee is, it could not be close to the cost of hauling and blocking.
I have had some bad experiences with boat yards over the years. The only piece of advice has already been given and that is this place is known to have transient slips available. All they had to do is move your boat into one of these slips. No matter what their transient fee is, it could not be close to the cost of hauling and blocking.
Marinas and bad business
I too was the victim of a Marina that didn't keep its verbal contract. Unfortunately, in my case, I ended up paying the bill just to be done with it. It is sad that you can't believe a business when an agreement is made. It is especially sad when they try to take advantage of you. What ever happened to the days when the customer was valued? Now days it seems that businesses just want your dollar any way that they can get it, even if it is unethical. One thing that no one has suggested and I would reccomend is to contact and report this to the better business bureau.
I too was the victim of a Marina that didn't keep its verbal contract. Unfortunately, in my case, I ended up paying the bill just to be done with it. It is sad that you can't believe a business when an agreement is made. It is especially sad when they try to take advantage of you. What ever happened to the days when the customer was valued? Now days it seems that businesses just want your dollar any way that they can get it, even if it is unethical. One thing that no one has suggested and I would reccomend is to contact and report this to the better business bureau.
Tony,
Call the city of New York Consumer Affairs dept. I'll bet this marina does not have a licence and if he does let him deal with them cause they can be a business man's worst nightmare,its bad enough trying to run a business and scaming customers now you have to spend the time and answer to the complaint and as others have said go the small claims route too,hell whatever grief you can cause that marina do it!, I would Hey maybe that "shame on you" news show
Call the city of New York Consumer Affairs dept. I'll bet this marina does not have a licence and if he does let him deal with them cause they can be a business man's worst nightmare,its bad enough trying to run a business and scaming customers now you have to spend the time and answer to the complaint and as others have said go the small claims route too,hell whatever grief you can cause that marina do it!, I would Hey maybe that "shame on you" news show
vigilante justice
if everyone who subsequently responds to this thread, references Gateway Marina – Brooklyn NY in their copy, Google will pick this up and it will probably be ranked in the first page as there's currently not much under that brand name. That way, anyone looking up the company for whatever reason, can see how disreputable an organization they are. Or, go onto Yelp and add your own review: http://www.yelp.com/biz/siiZ2ceU769OQSQV6vgMJQ Don't bother with small claims: your time's worth more than the bill. Just keep spreading the word about these guys... it'll hurt more.
if everyone who subsequently responds to this thread, references Gateway Marina – Brooklyn NY in their copy, Google will pick this up and it will probably be ranked in the first page as there's currently not much under that brand name. That way, anyone looking up the company for whatever reason, can see how disreputable an organization they are. Or, go onto Yelp and add your own review: http://www.yelp.com/biz/siiZ2ceU769OQSQV6vgMJQ Don't bother with small claims: your time's worth more than the bill. Just keep spreading the word about these guys... it'll hurt more.
looked up web site
I looked up there web site ,http://www.gateway-marina.com/. It appears they are associated with the National Parks Service.This was on there page " OPERATED BY JEN MARINE DEVELOPMENT LLC, AN AUTHORIZED CONCESSIONER OF THE NATIONAL PARK SERVICE, US DEPT OF THE INTERIOR ". May be you could contact the parent company or the parks service .
I looked up there web site ,http://www.gateway-marina.com/. It appears they are associated with the National Parks Service.This was on there page " OPERATED BY JEN MARINE DEVELOPMENT LLC, AN AUTHORIZED CONCESSIONER OF THE NATIONAL PARK SERVICE, US DEPT OF THE INTERIOR ". May be you could contact the parent company or the parks service .
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