Terms & Conditions
Terms & Conditions
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.
The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, the Advance Provisioning Allowance, the Delivery/Redelivery Fee, the Security Deposit and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement.
ACE YACHTS DUBAI maintains the https://www.aceyachts.ae/ website (“site”).
CHARTERERS booking through/ using the website who are minor/ under the age of 18 shall not register as a user of the website and shall not transact on or use the website. Motor yachts shall be provided for the enjoyment of the Client and Client’s guests at the time and date specified and in return for compensation specified in Schedule A. Maximum Capacity is strictly observed and followed. Clients and their guests shall have access to only the Public areas, Access to Control, Equipment and private areas is prohibited. The duration of the Trip is calculated from the Guest Booking time or Boarding Time (whichever is earlier) of the Guests and/or their Service Providers, to the Departure of the Last guest or their service providers. Additional time in Billed in slots of 30 Minutes and charged based on hourly rates of the respective boats. In case of client ordered Catering or decorations the setup time is considered chargeable time. Ace Yachts Dubai welcomes you to decorate this yacht to make your cruise more festive and memorable. However, decorations shall not be affixed in a manner that damages or threaten to damage the vessel. This includes staples, nails, pins, glues, strong adhesives etc. Furthermore, decorations shall be in good taste and not be detrimental or offensive. Ace Yachts Dubai shall be the sole determiner regarding suitability and attachment of decorations. The Client shall provide decorations and attachment materials. Client to get Dubai Municipality approvals where required for external decorations.
1.1. CATERING ARRANGED SERVICES
Caterers, entertainers, waiters and other services or persons for administering to the needs or entertainment of the guests shall be provided by, and is the responsibility of the Client except where catering is arranged by Ace Yachts Dubai .
1.1.b Caterer Responsibilities
The caterer shall maintain the galley spaces in a manner consistent with health requirements. Upon completion of this Charter, the caterer shall clean and return the galley spaces to the condition in which found. The Crew shall inspect and their sole judgment shall determine satisfaction of this cruise. Client shall ensure caterer complies with this requirement.
The sales or exchange of goods, products, or services by client, guests, or service providers is prohibited.
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.aceyachts.ae/
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.
6.2 In accordance with UAE regulations, the obligations and duties of our crew exclusively encompass the safe operation and maintenance of the vessel as well as the safety of its passengers. Our Crew has no other obligation or duties to the Client or guests.
6.3 NOTIFICATIONS BY THE CAPTAIN
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.
7. OPERATING COSTS
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.
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.
7.1 Payment Schedule:
Payment Terms: 50% Down Payment at the time of booking and the balance before the charter
Terms: 100% of the total cost 7 working days prior to the charter (non-refundable)
Mode of Payment:
- By Cash;
- By Cheque (If paying by Cheque, cheque must be deliver to us 5 days before the charter);3. By Bank Transfer (If paying by Bank Transfer, we would require 100% payment based on total charter value to be in our account 7 working days prior to Trip, transfer receipt must be sent either by fax or email).
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 do to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or (Voucher with the value of Charter Fee).
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 or OWNER. If the CHARTERER fails to 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.