Mooring Licence Agreement Template (Gibraltar)
Updated on 13 August 2026
A Gibraltar mooring or berth agreement, like its UK counterpart, is generally drafted as a licence rather than a lease, following the same common-law test: what creates a tenancy is exclusive possession for a term at a rent, and a berth-holder normally shares access to the marina's pontoons and infrastructure with the operator. This template is drafted as a licence, with the marina's reassignment right stated as one of its terms, and fills the gaps — dimensions, insurance minimums, a storm plan and a lawful route to unpaid fees — that a translated US 'boat slip lease' leaves out.
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Mooring (Berth) Licence Agreement
- Date:
- Licensor:
- Licensee:
This is a licence, not a tenancy. The Licensor grants the Licensee a licence to use berth for the vessel , from to . The Licensee does not have exclusive possession of the berth or surrounding infrastructure.
1. Charges
The mooring fee is , payable in advance.
2. Insurance
The Licensee shall maintain third-party liability cover of at least , including wreck removal cover, and shall provide a certificate before the vessel takes the berth.
3. Severe weather
The Licensee's local contact is . On a severe weather warning, the Licensee shall secure or remove the vessel promptly; if the Licensee cannot be reached, the Licensor may take reasonable measures at the Licensee's cost.
4. Non-payment
If charges remain unpaid after written notice, the Licensor may withhold services and exercise any right available to it under the general law in respect of the vessel for unpaid charges.
5. General
This Agreement is governed by the laws of Gibraltar.
Licensor
Date:
Licensee
Date:
Draft it as a licence
This template keeps the marina's access rights and its right to reassign the vessel to a comparable berth, which is part of what keeps the arrangement a licence rather than a tenancy.
Describe the berth and the boat by dimension
This template records the berth's length, width and depth alongside the vessel's length overall, beam, draft and air draft, preventing the two disputes that dominate mooring arrangements: a boat that does not fit, or one charged for a bigger berth than it was given.
Set insurance minimums and a storm plan
This template requires a minimum third-party liability limit and wreck removal cover, produced before the vessel moors, and an express storm plan for severe weather affecting the harbour.
Give the mooring operator a lawful route to unpaid fees
This template reserves any right the mooring operator has under the general law to detain or, following the proper procedure, deal with the vessel for unpaid charges, together with a notice-and-cure process before that is exercised.
Clause-by-clause guide
- The berth
- The marina, berth reference, dimensions and utilities — as a licence, not a tenancy.
- The vessel
- Length overall, beam, draft and air draft.
- Insurance
- Minimum third-party cover and wreck removal, produced before berthing.
- Storm plan
- The owner's local contact and the deadline to secure the vessel.
- Non-payment
- Interest, withdrawal of services, and the reservation of any lawful right over the vessel for unpaid charges.
Gibraltar compliance checklist
Mooring arrangements sit across the licence/tenancy distinction and harbour operator rules.
Draft the arrangement so it functions as a licence
Keep the marina's access and reassignment rights in the document so it functions as a licence rather than a tenancy, following the same common-law test used in England.
Check the specific harbour's own rules
Gibraltar's harbours and marinas each set their own operational rules, separate from the mooring agreement itself.
Require evidence of insurance before berthing
Set a minimum third-party limit and require wreck removal cover, produced before the vessel takes the berth.
How to complete the mooring licence agreement
- Identify the berth and vessel. Add dimensions for both the berth and the boat.
- Set the term and charges. Add the term, mooring fee and any deposit.
- Set the insurance requirement. Enter the minimum cover and confirm the certificate is supplied.
- Agree the storm plan. Name a local contact and the deadline for securing the vessel.
- Sign. Both parties sign before the boat takes the berth.
Frequently asked questions
Is a Gibraltar mooring agreement a lease or a licence?
Usually a licence, following the same common-law test as England — exclusive possession for a term at a rent creates a tenancy, and a mooring holder typically shares infrastructure access with the operator.
Why does the agreement need the boat's dimensions?
To confirm it fits the berth safely and to avoid disputes over whether the boat was charged for the correct size berth.
What insurance should I have?
A minimum third-party limit plus wreck removal cover, evidenced before the boat takes the berth.
What should the agreement say about storms?
Who must secure or move the boat, by when, and whether the operator may act at the owner's cost if nobody responds.
Can the operator move my boat to a different berth?
Under this template, yes, on reasonable notice for operational reasons — which is also part of what keeps the arrangement a licence rather than a tenancy.
Related templates
Disclaimer
This template and guide are for general information only. They are not legal advice, and no Gibraltar-qualified lawyer has reviewed or approved them. Confirm harbour-specific rules before relying on this document.
