AGREEMENT TO LET AND HIRE

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 for the same period.

2. The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, or the Deposit and any other agreed charges, in cleared funds, no later than the dates and to the account specified in the website and online payment link.

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MAXIMUM NUMBER OF PERSONS - RESPONSIBILITY FOR CHILDREN - HEALTH OF THE CHARTERER'S PARTY

1. The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests 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.

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.

3. The nature of a Charter may render it uncomfortable or unsuitable for anybody with physical disability or undergoing medical treatment and by accepting these terms and conditions the CHARTERER warrants the medical fitness of all members of the CHARTERER'S Party for the voyage purchased. The CHARTERER and his party undertake to have all necessary visas and vaccinations as required by the country.

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CREW

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. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board and the Captain and Crew shall comply with the laws and regulations of the UAE or any country into whose waters the Vessel shall enter during the charter period.​

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.

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USE OF THE VESSEL

1. The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of the UAE or any country into whose waters the Vessel shall enter during the charter period.

2. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent 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 verbal permission from the OWNER.

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.

4. Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.

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, by notice given to the CHARTERER, terminate the renting agreement.

6. If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of the UAE or 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 the Agreement forthwith.

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 or Broker.

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INSURANCE

1. Throughout the period of the Charter Agreement the OWNER shall insure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type as per UAE rules and regulations and to cover Third Party liability, together with liabilities arising from the use by the CHARTERER and other competent person(s) authorized by him of personal water craft 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.

2. All such insurances shall be on such terms and subject to such excess (deductible) as are customary to 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.

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.

4. The CHARTERER should be aware that neither Charterer's Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

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PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNER

1. Unless otherwise provided, full payment against this Agreement shall be made by Bank Transfer or Credit Card Payment prior to the date of commencement of the Charter Period. All major credit cards in AED will be accepted for Payment. The online payment gateway is provided by a third party bank and the OWNER is not responsible for compensation resulting from any fraud or faulty transaction associated to the payment of the Charter passage. 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. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment. In case of complaint by the CHARTERER, this should be notified to the OWNER by email immediately after the event has ended. Once such notice of complaint has been received by the Owner, the Owner shall be obliged to retain 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 Charterer shall agree to release the Owner from any obligation refund the money or a portion of it. If the complaint is not resolve in 14 days and after 14 days neither party shall have appointed an arbitrator then the owner is entitled to the Charter Fee in full. If either party shall have appointed an arbitrator then the Owner shall retain the Charter Fee in a designated account until an Arbitration Award has been published or the matter settled by mutual agreement between the parties.

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BROKERS

1. Unless otherwise provided, all funds received by the Broker against this agreement shall be immediately transferred to Sail Serene, after deduction of the full commission, by bank transfer or credit card payment prior to the commencement of the Charter passage.

2. The commission shall be deemed to be earned by the Broker upon acceptance of this Agreement by the OWNER and CHARTERER and deposit of the Charter Fee by CHARTERER to the OWNER of the full Charter Fee. In the event of cancellation by the CHARTERER, the commission shall be deducted as an expense.

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CANCELLATION

1. If by reason of force majeure the OWNER fails to deliver the Vessel on the set time and place agreed with the CHARTERER, 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 passage shall be postponed to a mutually agreed date and time. Under no circumstances, with or without invoking force majeure, the CHARTERER shall not be entitled to liquidated damages from the OWNER.

2. In the event of no-show cancellation by the CHARTERER, no refund will be made. Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charier Period, some or all of the Charter Fee may be retained by the OWNER as determined in the Cancellation Policy visible on this website. This Cancellation Policy does not apply to special events, such as public or religious holidays, 24th and 25th of December, 31st and 1st of January, for which a separate cancellation policy will be issued at time of booking. 

 

COMPLAINTS

1. 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 Owner as soon as practicable.

2. 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.

 

FORCE MAJEURE

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 maintenance delays not attributable to the aforementioned causes, do not constitute force majeure.

2. 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.

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ARBITRATION & LAW

1. 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. 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.

2. Notwithstanding the reference to EMAC arbitration, the 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.

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.

4. If notice of a claim or arbitration proceedings is given by either party, monies should be held in a designated account. This account may, with the agreement of both parties, be an Escrow Account jointly controlled by the accredited legal representatives of both parties pending the result of the arbitration.