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Business Profile

Boating Club

Pelican Bay at Cherry Creek

This business is NOT BBB Accredited.

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Complaints

Customer Complaints Summary

  • 1 complaint in the last 3 years.
  • 0 complaints closed in the last 12 months.

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The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

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Complaint status

Complaint type

  • Initial Complaint

    Date:04/06/2023

    Type:Service or Repair Issues
    Status:
    Unanswered
    Resolved:
    The complainant verified the issue was resolved to their satisfaction.
    Unresolved:
    The business responded to the dispute but failed to make a good faith effort to resolve it.
    Answered:
    The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
    Unanswered:
    The business failed to respond to the dispute.
    Unpursuable:
    BBB is unable to locate the business.
    Last boating season, I leased a boat slip from Pelican Bay Marina, which operates inside the Cherry Creek State Park in *****************, ********. My boat had been secured in the slip since May/2022. On 8/11/2022, I visited my boat on the slip and found that it had been moved approximately 6' from where I had always carefully secured it to the dock. It was tied up tied to the dock with little to no care. Next, I noticed considerable damage to the hull of the boat, which caused a ***** in the fiberglass body, scratches to the gel coat, and damage to the decals. I found the marina manager, ****, and asked him if he knew anything about the damage to my boat. **** responded, "Oh, I moved your boat to make room for scuba divers, but it wasn't my fault." After I showed him the damage, **** stated, "we have no responsibility as stated in the contract you signed." **** was speaking to paragraph 11 of the dockage agreement, which states: "11. VMG NOT LIABLE FOR DAMAGE, FIRE, THEFT, ETC. VMG will take all reasonable precautions to protect the safety and property of User. However, VMG assumes no responsibility for the safety of any vessel moored, anchored moved by VMG employees, or stored in the Marina..."Upon review of the incident, it is my attorney's position that this clause is deemed unconscionable and that a judge would not uphold such language in a court of law. The paragraph **** relied on to void his responsibility first states that VMG will take all reasonable precautions to protect the property of the user, which is not the case here. "Reasonable precaution" would have been to secure my boat in a manner that would not have caused it damage. ****, the owner/operator of the marina was contacted by email. He said he would submit a claim to his insurance for the damage. **** has not responded to the several emails I've sent asking for updates over several months. Nor has his insurance company reached out to me to speak with me about the incident.

Pelican Bay at Cherry Creek is NOT a BBB Accredited Business.

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