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.
Prior to disembarkation at the end of the Charter Period, the Captain shall present to the CHARTERER a detailed account of expenditure, with as many supporting receipts as possible, and the CHARTERER shall pay to the Captain the balance of the expenses or the Captain shall repay to the CHARTERER any balance overpaid, as the case may be.
Payment by cheque, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Vessel's seasonal schedule and the CHARTERER should, therefore, ensure that he has sufficient funds available to cover all foreseeable expenses or arrange to deposit additional funds with the Broker.
8. DELAY IN DELIVERY
8.1 If by reason of force majeure as defined in Clause 17 (1)), 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 forty-eight (48) hours of the scheduled commencement date, or within one-tenth (1/2) of the Charter Period, whichever period is shorter, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period
8.2 FAILURE TO DELIVER
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
8.3 DELAY IN REDELIVERY
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. If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain's advice, then the CHARTERER shall pay forthwith to the OWNER via the Broker/Stakeholder's Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The CHARTERER shall be liable for all operating costs as per Clause 8 and 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.
9. CANCELLATION BY CHARTERER, NO-REFUND POLICY & CONSEQUENCES OF NON PAYMENT, DEFAULT OF PAYMENT OR FAILURE TO PAY
9.1 In the event of cancellation by the CHARTERER, No Refunds will be made. 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:
§ After this Agreement is signed but before the final installment/deposit is due to be paid, the OWNER shall be entitled to retain the first installment/deposit.
§ After any subsequent installments/deposits are due to be paid, the OWNER shall be entitled to retain the first installment/deposit and any subsequent installments/deposits due.
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
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 FEE
10.1 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 refused
10.2 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
11.1 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
11.2 Additional conditions for the return of prepayment/payment:
11.3. Fifty percent (50%) of the booking value retained up to 72 hrs. before the charter time and date.
11.4. One hundred percent (100%) of the booking value retained within 72 hrs. of the booking time and date and in case of adverse weather conditions (more than 16-21 Knots, ref. https://www.windfinder.com/wind/windspeed.htm ) .The rescheduling of the cruise is an alternative option, at the request of the clients. If the trip is canceled 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 restricted areas even after one advice from the captain, the full amount of the trip will be charged. For same day/time, booking cancellation also full payment of the trip will be charged. In case if, the client is late/did not come on the ordered yacht rental service and/or another service (s) in a set/ordered/agreed time - full payment of the trip will be charged (previously paid money is not refundable). After coordination and approval by company Gold's Yacht FZE of the return of funds which paid by the charterer, the company undertakes to return the agreed amount within fourteen to thirty days from the date of crediting the funds to the company
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
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.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.Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.Rendezvous diving only unless otherwise noted under special conditions.
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 or Stakeholder, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clauses 9 till 11 (9-11). 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, by notice to the CHARTERER, terminate this Agreement forthwith.
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, Stakeholder or Broker.
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.
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
Unless otherwise provided, the Security Deposit shall be held by the Stakeholder on the OWNER's behalf and may be used in, or towards, discharging any damage or liability that the CHARTERER may incur under any of the provisions of this Agreement. If not required, as confirmed by the Captain in writing to the Stakeholder, the Security Deposit shall be refunded without interest to the CHARTERER on the first working day after the end of the Charter Period, or after the settlement of all outstanding questions, whichever is the later.
16.1 FORCE MAJEURE
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 labour 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 aforementioned causes, do not constitute force majeure.
17. OWNER, CHARTERER, BROKER, AND STAKEHOLDER
Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and Stakeholder and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER, Broker or Stakeholder is male, female, corporate, singular or plural, as the case may be.
In this Agreement, VAT means Value Added Tax levied by any applicable jurisdiction.
19. WORKING DAY
In Clause 20 Working Day is defined as a day when the banks are open for business in the country where a stakeholder is situated.
During the period of the Charter, the benefits, if any, from any derelicts, salvages and towages, after paying the Crew's proportion, and a proportion of the Charter Fee during the time when the Vessel is engaged in providing salvage assistance, and expenses during this time directly related to the salvage, shall be shared equally between the OWNER and the CHARTERER.
21. PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS
Unless otherwise provided, all funds received by the Broker against this Agreement shall be transferred immediately upon receipt to the Stakeholder (if the Broker is not the Stakeholder) and then held by the Stakeholder in a designated Account in the currency of this Agreement. Fifty percent (50%) of the Charter Fee shall be paid to the OWNER by the Stakeholder after deduction of the full commission by Bank Transfer or Credit Card Payment on the date of commencement of the Charter Period or on the first working day thereafter. Visa and MasterCard Debit or Credit Card in AED will be accepted for Payment. Cardholder must retain a copy of transaction records and merchant policies and rules. The CHARTERER/ Site User/ Cardholder is responsible for maintaining the confidentiality of their own account. The Advance Provisioning Allowance (APA) shall be paid by the Stakeholder, to the Captain, or to the OWNER for onward transmission to the Captain prior to embarkation, by Bank Transfer or Credit Card Payment. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment. The Delivery and/or Re-delivery fees (if applicable) and any extraordinary expenses shall either be paid with the first payment to the OWNER or directly to the Captain The balance of the Charter Fee shall be paid to the OWNER on the first working day following completion of the Charter Period unless the Stakeholder shall have received written notice of a complaint by or on behalf of the Charterer. Once such notice of complaint has been received by the Stakeholder, the Stakeholder shall be obliged to retain the balance of the Charter Fee for a period of 14 days If during such 14 day period the Charterer's complaint is resolved by agreement with the Owner then the Stakeholder shall pay the balance of the Charter Fee to the Owner or as otherwise directed in an Arbitration Award. If after 14 days neither party shall have appointed an arbitrator then the balance of the Charter Fee shall be paid by the Stakeholder to the Owner on the first working day after the 14 day period referred to above. If either party shall have appointed an arbitrator then the Stakeholder shall retain the balance of the Charter Fee in a designated account until an Arbitration Award has been published or the matter settled by mutual agreement between the parties.
The CHARTERER shall give notice of any complaint in the first instance to the Captain on board and note shall be taken of the time, date and nature of the complaint. The Captain shall inform the Broker and Stakeholder as soon as practicable
If, however, this complaint cannot be resolved on board the Vessel then the CHARTERER shall give notice to the OWNER or to the Broker within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint
23. FORCE MAJEURE
When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner's representative to submit a detailed technical report, a copy of the vessel's maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer's representative
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.
Any notice given or required to be given by either party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or email or by facsimile in the case of the OWNER, to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Vessel.
The Dubai Coast Guard enforces strict rules on all charter companies here in Dubai & fines are commonplace. If laws, terms, and conditions are violated, Gold's Yacht FZE reserves the right to pass on any of the guests if incurred due to non-compliance or disregard for the rules set out by the coastguard & enforced by your Captain and Crew.
- All guests are required by law to bring original Emirates ID (proof of visa), not a copy or picture. Tourists need original Passport. Residents can bring Passport, Emirates ID or Emirates Driving License.
- Abuse of alcohol & subsequent reckless behavior may result in fines or termination of the charter.
- Life jackets are to be wear when the coast guard deems necessary & issues a weather warning.
- Littering of the waters is not tolerated.
- For your safety, the Coastguard does not tolerate swimming more than three meters from the vessel.
- Jumping off the yacht while underway or at anchor is not permitted & will result in the charter being terminated.
Final numbers for guests must be confirmed 24 hours before departure & may not be exceeded on the day. As per UAE law
28. Catering Cancellation Policy
Numbers for catering required 48 hours before departure. If the clients want to cancel or amend the catering, we require at least 48 hours prior notice otherwise the full amount will be applied
Our Captain and crew are there to safely man and navigate the vessel & are not responsible for attending to children. Furthermore on the Coast Guards orders, irrespective of the strength of swimmer, children under the ages of 10 years must wear a life jacket while in the water & out on the deck
Footwear must be removed before boarding our yachts
31. Damage Waiver (Security Deposit) and Liabilities
- If there be any damages caused to the vessel as a direct result of the actions of the client or their guests. The loss and cause of the damage will be notified to the client in writing within 24 hours. A contractor, respective to that of the damage caused, will be instructed to provide an official quotation for the repair or replacement of the damaged area. This quote will be forwarded to the client and the amount will be deducted from the card given on the Damage Waiver (Security Deposit). Any dispute to the damage caused can be registered to the Operations Manager at Gold's Yacht FZE
- Any extra cleaning required as a result of your charter is deemed chargeable under damage waiver agreement.
- Any ﬁnes incurred through the local marine authority as direct action or failure to comply with Gold's Yacht FZE policies by the lead named charterer or their guests WILL be chargeable under the damage waiver.
- No liability or responsibility is accepted for any loss or additional expenses incurred by accident, injury, sickness or death.
- A mature adult must supervise all persons under the age of 21 years.
- Any food supplied by the client is subject to approval as per UAE health and safety law.
- No animals or pets of any sort may be taken on board as per UAE laws.
- No Smoking throughout the yacht's interior. Failure to comply will lead to immediate termination of the charter.
- Children below one-year-old are only allowed onboard yachts of 40 ft plus
32. Liability to Third Parties
The charterer will indemnify and hold harmless Gold's Yacht FZE and/or related to third parties for all personal injuries, property damages, or any other damages to any third parties including but not limited to, operators and passengers of other watercraft. Minor children under the undersigned’s custody, care and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Gold's Yacht FZE and/or related to third parties, even if such damages arise out of the negligence or fault of Gold's Yacht FZE and/or related to third parties
33. Acknowledgment of Waiver And Release
CHARTERER has sufficient time to review the waiver and release and to ask any questions associated with the said release, he/she should carefully read the disclaimer and realize, knows the contents thereof and has signed this release as his/her free act. The undersigned warrants that he/she is aware that he/she may rent, operate or use equipment from another rental facility, but has chosen to rent, operate or use equipment from Gold's Yacht FZE and/or related to third parties. With the knowledge that signing this release is requirement or rental, operation, and use of said equipment and further warrants he/she should fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Gold's Yacht FZE and/or related to third parties for negligence
34. Indemnity Agreement
The undersigned agrees to indemnify, hold harmless and defend Gold's Yacht FZE and/or related to third parties in any matter and from and against all claims, damages ,losses and expenses ,including attorneys fees arising out of relating to the rental ,operation and use of all equipment provided by Gold's Yacht FZE and/or related to third parties not limited to any negligent, grossly negligent or intentional act or omission of Gold's Yacht FZE and/or related to third parties
35. Damage Liability and Fines
If any damage occurs to the equipment or watercraft rented from Gold's Yacht FZE and/or related to third parties, which is beyond the normal course of wear and tear of such rental, the undersigned will be liable to pay for any repairs in making good the equipment. If such equipment decommissioned because of the undersigned’s negligence, act, or omission, the undersigned warrants to pay Gold's Yacht FZE and/or related to third parties for the costs incurred. If the undersigned fails to have the damage rectified within the time agreed or specified by Gold's Yacht FZE and/or related to third parties, Gold's Yacht FZE and/or related to third parties may engage a third party at the full financial and legal liability, risk and expense of the undersigned. Minimum 2500 aed to be paid in case of any cause of the accident. If the damage is large enough and needs to keep Jet Ski/Yacht/Boat in the service station for more than two days, the undersigned should pay an amount of aed 500 per day for the total days required for the repair as a compensation for the business loss for those days. Undersigned also agrees that CHARTERER understood all restricted areas in the trip route before the trip and will not try to enter those areas. Also agrees that he/she will be liable for all fines and penalties issued upon entering those areas
36. Weather Policy
Gold's Yacht FZE and/or related to third parties will not depart in unsafe weather conditions. The captain will assess the weather and should determine the conditions are unsafe to run the tour, the tour may be postponed, or it will be canceled. Every effort will be made to reschedule your tour during your stay. If you are unable to reschedule your journey, you will have the option of receiving a voucher for a future trip
37. Emirates ID/Original Passport
Undersigned has to submit CHARTERER valid and original Emirates ID/Original Passport card for using providing services of Gold's Yacht FZE and/or related to third parties. He/ she (client) further agree and aware that Gold's Yacht FZE and/or related to third parties would hold their Emirates ID/Original Passport in case of any accidents happened during the trip made by undersigned /pillion rider /any minor children under undersigned custody. Emirates ID/Original Passport cards will be given back only after the settlement of the accident