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Old 01-23-2021, 05:13 AM   #1
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Very sad experience

We stayed at the MYC (Maryland Yacht club) as transient for 3 month during the summer of 2020 and absolutely loved the place, made a good friends over at the marina. As I departed from marina, I asked management for a quote for 3 year promotional contract. Everything was looking very good on paper quote, up until the time of the signing the contract, where the price nearly doubled, on top of that, year two and three was marked as price subject to change. Basically an open ended contract in a favor of the marina (is it even legal?). How can you sign a legal contract for 3 year period only know the conditions and price for the first year only. Very very sad, left the club with very strange and depressing feeling.
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Old 01-23-2021, 12:27 PM   #2
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It appears they don't want transient boaters. Why not just take the guesswork and pain out of it and join the club?
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Old 01-23-2021, 01:28 PM   #3
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I think that is really a 1 year contract with an option. If he can change terms after a year, you should be able to opt out.
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Old 01-23-2021, 01:40 PM   #4
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Agreed. Just make sure you can op out.
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Old 01-23-2021, 02:35 PM   #5
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Good suggestions for dealing with years 2 and 3, but what about the inflated price for year 1? In situations like this, after I have cooled down, I calmly ask the other party to explain themselves. That gives both parties the opportunity to address any potential misunderstanding if any, and to decide whether to proceed as originally planned or to walk away.
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Old 01-23-2021, 02:55 PM   #6
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Most YCs dont want permanent visitors. transient spaces are just that and they preferer visitors from other YCs. Why not join the club?
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Old 01-23-2021, 04:23 PM   #7
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We stayed at the MYC (Maryland Yacht club) as transient for 3 month during the summer of 2020 and absolutely loved the place, made a good friends over at the marina. As I departed from marina, I asked management for a quote for 3 year promotional contract. Everything was looking very good on paper quote, up until the time of the signing the contract, where the price nearly doubled, on top of that, year two and three was marked as price subject to change. Basically an open ended contract in a favor of the marina (is it even legal?). How can you sign a legal contract for 3 year period only know the conditions and price for the first year only. Very very sad, left the club with very strange and depressing feeling.
I'd forget the 3 years. Not surprised they won't agree to three year terms. Then I'd address the one year again and see if there was room for agreement.
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Old 01-23-2021, 05:35 PM   #8
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I was trying to become a member of the club and was ready to sign the 3 year contract with the prices and conditions that was quoted to me back in September of 2020. That quote and promotions was good when I pay application fee and got approved as member and presented the invoice which was nearly double the prices of the quote that was given to me 4 month ago. And the terms was very strange. Where the first year price is confirmed and written down and year 2 and 3 has approximate figure with comment subject to change. Which translates to me that club can write whatever number they would want and I would be liable. The opt out was there too, if I choose opt out, I would have to pay the difference between the going rate and "50% promo" rate that was offered to me at the time of signing for the first year and remaining years of contract at 50% (which is not firmly priced in the contract when it was presented). Management of the Club changed 2 weeks ago and the new manager stated by looking at the written quote: It was a human error. I am not advertising this club at all. I am very sad that the quote provided to me by previous management means absolutely nothing to the current people. I did not miss any dates and I did not upgrade to a better slip. Everything that was in the quote was in the contract with, nearly double price. True story that happened to me last week. 100% correct and have all documents on hand to prove it. In my nearly 30 years of boating this is the first time I being misled, underserved and cheated and I hope it is the last time. Just sharing my bitter experience, nothing more.
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Old 01-23-2021, 06:02 PM   #9
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If you’re not satisfied with the conversation with the manager I’d talk to an officer of the club.

For the last few years I’ve only heard good things about the club. Strange.

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Old 01-23-2021, 06:20 PM   #10
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I'd forget the 3 years. Not surprised they won't agree to three year terms. Then I'd address the one year again and see if there was room for agreement.
One year contract is full price.
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Old 01-23-2021, 06:47 PM   #11
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If you’re not satisfied with the conversation with the manager I’d talk to an officer of the club.

For the last few years I’ve only heard good things about the club. Strange.

John
So did I, not only heard but enjoyed my transient stay during the summer of 2020. Everything vent down south because I was quoted one price and invoiced by Vice Commodore nearly double. On top of that the use of property and cost was very different. Give you as an example to have a party for my kids birthday as a member of the club I would have to pay a fee $4000.00 per day to use club house. Any other events outside using club picnic area and if I have 10 guests or more $250.00 charge. That is on top of annual membership fee of $ 900.00 and Entertainment fee of $ 75.00 (which management struggled to explain to me the value of this two items other than use of swimming pool and gated area.) Than it was an one time application fee of $1000.00 which was suppose to be the part of first year promo payment. And of course the slip fee ..... And the most important thing is year 2 and 3 of contract. I ask to put that number in ink and be locked for year 2 and 3 and the New manager would not do it, but he wanted me to sign open ended contract for 3 years. New manager explained to me that it was a human error and I was quoted wrong. Previous manager spend near an hour quoting to me and explained to me the benefits of being a member this and that and even told me that he will present me a burgee so I can proudly fly it on my boat. Everything was a human mistake according to the new manager. Sad very very sad.
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Old 01-23-2021, 08:35 PM   #12
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I do not believe that you will find a desirable marina with a good yacht club such as MYC that will give you a fixed fee 3 years contract. I think that, the new management team is just smarter than the old one.
sorry that you had to leave a great marina!
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Old 01-23-2021, 08:44 PM   #13
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Something tells me the new manager took over with orders to increase the rates, but I sure would talk to a club officer to find out what is going on. The other option is new manager just trying to show off. Perhaps promotions that the ended involved but right now is a lousy time to not live up to any promotion. In fact, most deals that had time frames involved, those time frames can't be enforced. If the original promotion didn't have a time set for execution or expiration, then I'd try to get them to honor it, but not through the manager. Now as to subsequent years, they're always subject to change in YC's.
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Old 01-23-2021, 10:32 PM   #14
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I do not believe that you will find a desirable marina with a good yacht club such as MYC that will give you a fixed fee 3 years contract. I think that, the new management team is just smarter than the old one.
sorry that you had to leave a great marina!
It was a good combination, as it was quoted, but I guess it was not meant to be. The correct way to say it, not had to leave, but did not have a chance to join.
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Old 01-23-2021, 10:37 PM   #15
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I do not believe that you will find a desirable marina with a good yacht club such as MYC that will give you a fixed fee 3 years contract. I think that, the new management team is just smarter than the old one.
sorry that you had to leave a great marina!
I do not know.. But I did not ask for 3 years, they offered me as promo and did not honored there own written quote.
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Old 01-23-2021, 11:17 PM   #16
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The whole point of this post is that, when I came in as transient they give me the cost of stay. I agreed money exchange hands everybody was happy. Than I was given a quote to which I agreed as well, came with the money and the club management backed out. Nobody twist anybody's arms, I did not ask for special discounts. My boat name, size is on the quote, slip # and price broken down, everything is written down. I always want to start any relationship with the right foot, but why this time it is only at my expense. I never nickel and dime anybody, I know what I can and can not afford. If it is too much, or it is not worth it for me, I apologize and start looking for alternatives. This is different. This is low blow.
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Old 01-23-2021, 11:37 PM   #17
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I do not believe that you will find a desirable marina with a good yacht club such as MYC that will give you a fixed fee 3 years contract. I think that, the new management team is just smarter than the old one.
sorry that you had to leave a great marina!
I have an offer written down presented to me with club brochures in a club folder, everything is real as 1 dollar bill. I came in not late, offer was not expired payed application fee, got accepted as member and then and only then was billed way more, double of what the official offer was for and with very strange terms. Open ended 3 year contract. Or 100% full price for one year. No other options was given they did not offer half way, quarter way, it was there way or the highway. And if anybody thinks that this is the way to do business, I am sorry.
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Old 01-24-2021, 12:08 AM   #18
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It reads like they got you to join the Club, at considerable expense, in order to take up an attractive moorage offer, which they then withdrew after you took the required step of joining the Club. If that is right, things like estoppel by representation and, part performance, come to mind. However, it`s USA, not Australia,and legal redress is always uncertain, but based on those facts, it sounds like you had the rug pulled out from under you on an agreed deal. Deals can`t just evaporate if the Manager changes,any deal is with the Club.
At the very least, a letter to the Club`s Board of Directors might be worthwhile. Just don`t defame anyone in the process.
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Old 01-24-2021, 12:27 AM   #19
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I have an offer written down presented to me with club brochures in a club folder, everything is real as 1 dollar bill. I came in not late, offer was not expired payed application fee, got accepted as member and then and only then was billed way more, double of what the official offer was for and with very strange terms. Open ended 3 year contract. Or 100% full price for one year. No other options was given they did not offer half way, quarter way, it was there way or the highway. And if anybody thinks that this is the way to do business, I am sorry.
I hate to get involved in these things, because I am certainly no lawyer. But, I am concerned that you may possibly be reading one or more duties for yourself into the paperwork that aren't there.

Just to avoid a misunderstanding, you may want to ask the club what happens if, for example, something changes in your world and you need to leave after one year. They may tell you that there is no penalty and that you are free to leave. If you aren't comfortable with their word -- you may choose to ask a NY licensed lawyer.

My non-lawyer, not authorized to give legal advice in any state, haven't even read the paperwork involved, and am certainly not giving legal advice here impression is that the written instrument being discussed imposes no legal obligations upon you in so far as the consideration is open-ended, so, at worst, my impression is that it imposes obligations upon you for the first year. (And, it may, possibly, turn out, at least insofar as it is enforceable against you, to be month-to-month).

My non-professional understanding is that, in most cases, a contract requires /specific/, i.e. not open ended, consideration.

Beyond that, if there is a claim to be made under the promissory estoppel doctrine, in other words that a promise was made, reasonably relied upon, not upheld, and damages resulted, the claim would seem to be yours to make.

In other words, you don't seem to have any obligation to continue into years two and three, as you were given no (specific) consideration. Yet, if the club, without cause, kicked you out after the 1st year and rented the space to someone else at a rate you were be willing to pay, and you couldn't get another slip nearby or had to, for a time, pay dramatically higher transient rates while waiting for a long-term slip, it would seem you might possibly have a cause of action for the damages resulting from your reliance upon their broken promise to let you stay. Of course, to enforce that claim would take pretty favorable construction on the part of the judge, I'd guess.

Again, I am not giving you any legal advice here. My only thought is that, at least insofar as the years 2 and 3 thing go, there is perhaps some chance the paperwork may not be as painful as it might initially seem.
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Old 01-24-2021, 04:30 AM   #20
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If that's as bad as your "very sad experience" is then you have not much to complain about in life.
No one died, you have a boat, life is good.
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