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.

The OWNER and BROKER will not trade with or provide Services to any OFAC sanctioned countries.

BuildOra G maintains tsealux-yacht-dubai.com and BuildOra G websites (“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. Sealux 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.  Sealux 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 BuildOra G.

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.

2. DELIVERY

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.

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

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

Catering Payment:

Terms: 100% of the total cost 7 working days prior to the charter (non-refundable)

Mode of Payment:

By Cash or Link Payment; By Cheque (If paying by Cheque, cheque must be deliver to us 5 days before the charter); 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

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.

14. INSURANCE

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. DEFINITIONS

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,viruses, strikes, lock-outs or other labour, 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

18. VAT

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.

20. SALVAGE

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.

22. COMPLAINTS

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

Prohibited Drugs

Client is responsible and must ensure that no prohibited drugs are served, consumed and possessed by him, any of his guests and contracted service providers while on board.

25. NOTICES

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.

26. IMPORTANT

The Dubai Coast Guard enforces strict rules on all charter companies here in Dubai & fines are commonplace. If laws, terms, and conditions are violated, Sealux 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.

Music, Liquor & others

As per the Dubai Marina Regulations, Loud music is not allowed inside the Dubai marina and only moderate music is allowed inside the Lagoon. Reasonably loud music can be played only inside the enclosed area on the 2nd Level. On Top (3rd Level) only Light music is allowed inside the Marina and in the Lagoon. However if the weather permits and the Yacht can sail into Open Sea reasonably loud music can be played there.

Belly Dancing or any obscene dances or acts are not allowed under the UAE laws on the yacht.

For Serving and/or Consuming Liquor all standard UAE laws would apply.

Swimming is only allowed for smaller gatherings and if the engines are off, in case of Windy weather which requires the engines to be on even on anchor guests are not permitted to jump into the water.

Captain’s decision would be final in regards to safety of guests and law compliance. Any fines levied by the authorities for breach of any Laws or regulations would be the responsibility of the client and Sealux reserve all rights to recover any fines/penalties or loss in revenue because of client breach of Local laws or terms of this contract.

27. Number Of Guests

Final numbers for guests must be confirmed 24 hours before departure & may not be exceeded on the day. As per UAE law.

28. Children(s)

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.

29. Attire

Footwear must be removed before boarding our yachts.

30. 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 Sealux.

– 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 Sealux 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

–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.

31. Liability to Third Parties

The charterer will indemnify and hold harmless Sealux 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 Sealux and/or related to third parties, even if such damages arise out of the negligence or fault of Sealux and/or related to third parties.

32. 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 Sealux 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 Sealux and/or related to third parties for negligence.

33. Indemnity Agreement

The undersigned agrees to indemnify, hold harmless and defend Sealux 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 Sealux and/or related to third parties not limited to any negligent, grossly negligent or intentional act or omission of Sealux and/or related to third parties.

34. Damage Liability and Fines

If any damage occurs to the equipment or watercraft rented from Sealux 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 Sealux 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 Sealux and/or related to third parties, Sealux 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. Emirates ID/Original Passport

Undersigned has to submit CHARTERER valid and original Emirates ID/Original Passport card for using providing services of Sealux and/or related to third parties. He/ she (client) further agree and aware that Sealux 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.

– Client and guest will be subject to BOTH Sealux and Marina Security and safety requirements.  Passengers must carry valid IDs any of the following (passport, driver’s license, Emirates ID) during the trip.  For tourists, if passports are deposited in the hotel,  receipt from the hotel confirming the same is acceptable.  A complete guest list is also required as a manifest.