1.1. CATERING ARRANGED SERVICES
The OWNER shall at the beginning of the Charter Period deliver the Vessel free of encumbrance to the Place of Delivery in compliance with its flag state requirements and the CHARTERER shall take delivery in full commission and working order. The Vessel shall be insured, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and lifesaving equipment (including life-jackets for children if any are carried in the CHARTERER’S Party), as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER lo use the Vessel as set out in Clause 13. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.
2.1. Yachts in standard category (only): please note that the image display and vessel specifications only depict an example illustration of the vessel category. A reservation is only made for a yacht category (standard), but not for a particular yacht. All information on dimensions, capacity, brand, included facilities, services etc. are based on information provided by a manager of the company, available model of the yacht. NOTE: Reservations are made by yacht category only (STANDARD CATEGORY), which may cover a number of yacht models. Unfortunately, we are unable to guarantee a specific model of a yacht. Extras are subject to availability. You can clarify with your manager. For further details regarding our rental conditions please visit our website at https://www.yachtrentaldubai.com/ru/
3. RE DELIVERY
The CHARTERER shall re-deliver the Vessel to the OWNER at the Place of Re-Delivery free of any debts incurred for the CHARTERER’S account during the Charter Period and in as good a condition as when the delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver the Vessel to the Place of Re-Delivery and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the CHARTERER to any refund of the Charter Fee.
4. CRUISING AREA
4.1 The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions In the Cruising Area in which the Vessel is legally permitted to cruise. The CHARTERER shall also restrict time underway to an average of six (6) hours per day, unless the Captain, at his sole discretion, agrees to exceed this time
4.2 While the Captain and/or Broker will make all reasonable efforts to accommodate the CHARTERER’S request for a berth; it is understood that the Captain and/or Owner and/or Broker and/or Stakeholder (if applicable) cannot be held liable for the non-allocation of the berth
5. MAXIMUM NUMBER OF PERSONS RESPONSIBILITY FOR CHILDREN — HEALTH OF THE CHARTERER’S PARTY
5.1 The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Vessel is securely moored in port or at anchor, or as permitted by the appropriate authority.
5.2 If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the Crew shall be held responsible for their conduct or entertainment.
5.3 The nature of a Charter may render it uncomfortable or unsuitable for anybody with a physical disability or undergoing medical treatment and by the signature of this Agreement, the CHARTERER warrants the medical fitness of all members of the CHARTERER’S Party for the voyage contemplated by this Agreement. The CHARTERER and his party undertake to have all necessary visas and vaccinations for the countries to be visited.
6. CAPTAIN’S AUTHORITY AND RESPONSIBILITIES
6.1 The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation, and movement of the Vessel, wind, weather, and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might, in the reasonable opinion of the Captain, result in the Vessel moving to any port or place that is not safe and proper, or might result in the CHARTERER failing to re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 13 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues to alter the Captain has given due and specific warning lo the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER, the Broker and the Stakeholder, and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to any refund of the Charter Fee.
6.1.1 With particular regard to the use of water sports equipment, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from use of any particular water sports equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or properly when operating this equipment.
The Captain shall immediately notify the Broker and Stakeholder of any breakdowns, disablements, crew changes, accidents, or other significant incidents that occur during the Charter Period.
Trips will only be booked when confirmation and payment is received from the Client along with this form duly signed. The Charter Fee includes the charter of the Vessel with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen; the crew’s wages, uniforms, the Insurance of the Vessel and crew as per Clause 16. The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, shoreside transport; fuel for the main engines and generators; fuel for tenders and water sports equipment; food and all beverages for the Charter Period; berthing dues and other harbour charges including pilots’ fees, local taxes, divers’ fees, customs formalities and any charges for waste disposal, charges for water and electricity taken from shore; ships’ agents’ fees where applicable; personal laundry; Charter Party communications and internet use; and hire or purchase costs of any special equipment placed on board at the CHARTERER’S request.Payment for extraordinary expenses such as special requirements or equipment, shoreside transport or excursions or any other expenses not customarily considered part of the Vessel’s operating costs may be required to be paid, via the Broker’s account in advance or to the Captain onboarding, in addition to the Advance Provisioning Allowance (APA).Having paid the APA via the Broker’s Account, the CHARTERER shall be advised by the Captain, at intervals, as to the disbursement of the APA and shall, if the balance remaining becomes insufficient in the light of current expenditure as supported by receipts, pay to the Captain a sufficient sum to maintain an adequate credit balance. The OWNER shall ensure the Captain will exercise due diligence in the expenditure of the APA. Any charges or fees related to the transfer of the APA to the Vessel are for the CHARTERERS account. Exchange rates, if applicable, cannot be guaranteed.
Terms: 100% of the total cost 7 working days prior to the charter (non-refundable)
If by reason of force majeure the OWNER fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/2) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERERS exclusive remedy will be to receive repayment without interest of the full amount of all payments made by him under the terms of this Agreement Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time
9.2 Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Agreement, the OWNER reserves the right to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.10. DUTY TO MITIGATE FOLLOWING EITHER CANCELLATION OF THE CHARTER OR NON-PAYMENT OF THE CHARTER FEE10.1 Notwithstanding the OWNER’S right to receive or retain all payments referred to above, whether due to cancellation or non-payment, the OWNER shall be under a duty to mitigate the CHARTERER’S loss and in the event that the OWNER is able to re-let the Vessel for all or part of the Charter Period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the OWNER shall receive the same in net proceeds from any re-letting as would have been received under this Agreement had it not been cancelled or repudiated, so that the OWNER shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. The OWNER shall use his best endeavors to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its Crew or its schedule may be refused10.2 If, prior to the date of cancellation, the Vessel has taken on provisions for the Charter, or has utilized the Delivery/Re-delivery Fee, then the CHARTERER shall pay for these expenses unless all or part can be either refunded by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and OWNER shall be under a duty to mitigate these expenses where possible,
10.3 If, after the signature of this Agreement, the OWNER is adjudged bankrupt or, in the case of a company, a liquidator, receiver or administrator is appointed over all or part of the OWNER’s assets, the CHARTERER shall be entitled to cancel the Charter and all monies paid to the OWNER, his agent or the Stakeholder pursuant to this Agreement shall be refunded without further deduction
11. Cancellation and refund Golds Yacht FZE and/or related to third parties. Cancellation Fee Retention Policy
11.6 Where weather does not allow travel upon the waters, the cruise may be held at dockside or at the lagoon.
14.1 Throughout the period of this Agreement the OWNER shall ensure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide Permission to Charter and to cover Third Party liability, Water Skiers liabilities together with liabilities arising from the use by the CHARTERER and other competent person(s) authorised by him of personal watercraft, including jet skis, wave runners and other similar powered craft as well as windsurfers, dinghies, catamarans or other water sports equipment carried by the Vessel. The insurance shall also cover War, Strikes, Pollution and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act of negligence of the CHARTERER or his Guests and not recoverable by the OWNER under his insurance.
14.2 All such insurances shall be on such terms and subject to such excess (deductible) as is customary tor a vessel of this size, value, and type. Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER, and shall be carried on board the Vessel
14.3 The CHARTERER should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.
14.4 The CHARTERER should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance is included in this Agreement.
15. SECURITY DEPOSIT
17. OWNER, CHARTERER, BROKER, AND STAKEHOLDER
19. WORKING DAY
21. PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS
23. FORCE MAJEURE
24. ARBITRATION & LAW
24.1 The United Arab Emirates is our country of Domicile. This Agreement shall be governed by and construed in accordance with UAE law and any dispute arising out of or in connection with this Agreement, or the breach, termination or invalidity of it, shall be settled by arbitration in accordance with the Rules of the Emirates Maritime Arbitration Centre (EMAC). The seat of the arbitration shall be the Dubai International Financial Centre (DIFC), United Arab Emirates. The arbitration shall be before a sole arbitrator selected by the Executive Committee of EMAC in the event the parties are unable to agree on a sole arbitrator within 14 days of a request by one party for an arbitrator to be agreed. The language to be used in the arbitral proceedings shall be English. The Award rendered by the arbitration shall be final and binding upon both parties.
24.2 Notwithstanding the reference to EMAC arbitration in Clause 24.1 above, OWNER may elect at their sole discretion to commence proceedings in any jurisdiction for the purpose of obtaining security, commencing and conducting Court proceedings, or enforcing a claim under the Agreement.
24.3 The parties may agree at any time to refer to mediation (in accordance with EMAC mediation rules currently in force) any difference and/or dispute arising out of or in connection with this Agreement
24.4 If a notice of a claim or arbitration proceedings is given by either party, the Stakeholder, after receiving notification of such proceedings, shall not deal with those monies held by them without the agreement of both parties or in accordance with an order of the Arbitrator or the final Arbitration Award. The monies should be held in a designated client account. This account should be interest bearing where national banking rules permit. The Stakeholder may with the agreement of both parties, pay the monies into an Escrow Account jointly controlled by the accredited legal representatives of both parties pending the result of the arbitration.
Music, Liquor & others
—Open flames shall not be permitted. Special situations such as candles in a cake may be allowed provided a monitor person, specifically appointed to prevent any mishap, is designated. Seesha is prohibited and Smoking is allowed only in designated areas.
32. Acknowledgment of Waiver And Release