Charterer - Mentioned at Proforma Invoice/Tax Invoice, like Name (Customer)
Owner - Gold's Yacht FZE and/or related to third parties
1. Agreement to Let and Hire
1.1 The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter to the vessel tor the same period.
1.2 The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement
2.1 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.
2.2 The Vessel shall be insured, seaworthy, clean, in excellent condition throughout and ready for service, with full equipment, including up-to-date safety and lifesaving equipment, as required by the Vessel's registration authority and fitted out as appropriate for a Vessel of her size and type.
2.3 The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the cruising Area.
3.1 The CHARTERER shall re-deliver the Vessel to the OWNER at the Place of Re-Delivery in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, redeliver the Vessel to the Place of Re-Delivery and disembark before the end of the Charter Period but such early redelivery 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.
5. Maximum number of persons – responsibility for children
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.
6.1 The OWNER shall provide a Captain qualified in accordance with the Vessel's flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew.
7.1 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 any Another clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable the opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in this Agreement and if such failure continues after the Captain has given due and specific warning to the CHARTERER, the Captain shall Inform the OWNER, 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.
7.2 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.
8. Delay in Delivery
8.1 If, by reason of force majeure, the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period and delivery is made within 30 Minutes of the scheduled commencement time/date, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata rate or if it be mutually
agreed the OWNER shall allow a pro rata extension of the Charter Period.
9. Failure to Deliver
9.1 If by reason of force majeure the OWNER fails to deliver the Vessel within 30 Minutes of the Charter Period, to the place of Delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER'S
exclusive remedy will be to receive immediate 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 If the OWNER fails to deliver the Vessel at the Place of Delivery at the commencement of the Charter Period other
then because of force majeure; the CHARTERER shall be entitled to treat this Agreement as repudiated by the OWNER. The CHARTERER will be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement.
10. Cancellation by Owner
10.1 If before the commencement of the Charter Period, the OWNER tenders notice of cancellation the CHARTERER will be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement.
11. Delay in Redelivery
11.1 If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime, the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.
11.2 If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay alternatively, change of itinerary against the Captain's advice, then the CHARTERER shall pay forthwith to the OWNER demurrage
At the rate plus fifty percent (50%) of the price. The CHARTERER indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of the deprivation of use of the Vessel or cancellation of, or delay in delivery under any
subsequent Charter of the Vessel.
12.Cancellation & Refund.
Cancellation Fee Retention Policy
12.1 Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement
of the Charter Period, some or all of the Charter Fee may be retained by the OWNER determined as follows:
Cancellation should be made before departure time by either WhatsApp (Business Account: Gold’s Yacht) or email of the company: firstname.lastname@example.org for refunding the amount
Conditions for the Return Of Prepayment/Payment
- 50% of the booking value retained up to 72 hrs. Before the charter time and date.
- 100% of booking value retained within 72 hrs. Of the booking time and date and in case of adverse weather conditions (The rescheduling of the cruise is an alternative option, at the request of the clients)
- Gold's Yacht FZE reserve the right to cancel any bookings made in the event of a cancellation, no liability shall fall on Gold's Yacht FZE. If the trip has been cancelled by Gold's Yacht FZE and/or related to third parties for reckless riding causing danger or in case of an accident made by rider/pillion rider, and entering to restricted areas even after one advice from captain, full amount of trip will be charge. For same day/time, booking cancellation also full payment of the trip will be charge. In case if the client is late/did not come on the ordered yacht/boat rental service and/or another service (s) in set/ordered/agreed time - full payment of the trip will be charged (previously paid money is not refundable). Coastguard restrictions and enforcement of new laws prohibiting the charter from going ahead are includes. Charters will not commence unless Damage Waiver (Security Deposit) has been completed with a valid Credit Card/Cash/Security Cheque and recognized Emirates ID/Original Passport presented to Captain. Gold's Yacht FZE reserves the right to cancel for no compliance on this matter with no refund.
The Charterer has the right to cancel free of listed charges above if any of the following occur; weather is deemed unsafe, or the coastguard has issued a warning Gold's Yacht FZE fail to provide an agreed operation aspect of the charter on the day of the charter. Cancelations must be conﬁrmed by the client before the charter time lapsing.
Gold's Yacht FZE only employs qualiﬁed & experienced Captains & crew. They are the technical experts in delivering our charter product in these waters. As with any vessel on the globe, the Captains orders are final & guests should be respectful of that. Instances of anti-social or reckless behavior and so forth may result in early termination of your charter without any refund
12.2 If any of the installments/deposits are due to be paid but have not been paid at the time of notice of cancellation then the OWNER shall have a claim against the CHARTERER for the amount so due.
12.3 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.
13. Breakdown or Disablement
13.1 If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER for a period more than 30 minutes (and the disablement has not been brought about by any act or default of the CHARTERER) the OWNER shall make a pro rata refund of the Charter Fee for the period of the disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause, he shall give
immediate notice to the Captain directly.
13.2 In the event of the actual or constructive total loss of the Vessel or if the Vessel is disabled as aforesaid for a consecutive period more than 30 minutes; the CHARTERER may terminate this Agreement by notice to the OWNER or the Captain. Within two (2) working days after such termination, the Charter Fee shall be repaid by the OWNER pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination, the CHARTERER may effect redelivery by giving up possession
of the Vessel where she lies.
14. Use of the Vessel
14.1 The CHARTERER shall comply and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.
14.2 The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behavior of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from the OWNER.
14.3 The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period.
14.4 Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.
14.5 The Captain shall promptly draw the CHARTERER'S attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform the OWNER, and the OWNER may terminate this Agreement.
14.6 If the CHARTERER or any of the Guests shall commit any offense contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all loss, damage, and expense incurred by the OWNER as a result, and the OWNER may terminate this Agreement forthwith.
14.7 The Vessel operates a zero tolerance policy and the possession or use of any illegal drugs, or any weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER.
15.1 The CHARTERER shall not assign this Agreement, sublet the Vessel or part with control of the Vessel without the consent in writing of the OWNER, such consent may be on such terms, as the OWNER at his sole discretion considers appropriate.
16.1 Throughout the period of this Agreement the OWNER shall insure 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 or other recognized 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 people (s) authorized 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 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.
16.2 All such insurances shall be on such terms and subject to such excess (deductible) as are 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
16.3 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.
16.4 The CHARTERER should be aware that neither Charterer's Liability Insurance nor Cancellation and Curtailment insurance is included in this Agreement.
17. Force Majeure
17.1 In this Agreement 'force majeure' means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER, the Crew, or the CHARTERER (including, but not limited to, strikes, lock-outs or other labor disputes, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew's control and not caused by lack of maintenance and/or OWNER'S or Crew's negligence). Crew changes and shipyard delays not attributable to the causes as mentioned earlier, do not constitute force majeure.
18.1 In this Agreement VAT means Value Added Tax levied by any applicable jurisdiction
19. Payment of Charter Fees
19.1 Upon signature of this agreement, 100% of the charter (or/and an additional services) fee must be paid before the departure of the vessel (a yacht/boat or any other of services) to the owner in order to confirm the charter reservation.
20. Arbitration and Law
20.1 This Agreement shall be governed by and construed in accordance with English 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 single arbitrator within 14 days of a request by one party for an arbitrator to be accepted. 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.
20.2 Notwithstanding the reference to EMAC arbitration 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.
20.3 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.