Charter Agreement

1. Agreement

This document explains how the agreement is made up with Zen Sea Yacht Charters Pte Ltd bearing company registration number 202033284G (hereinafter referred to as "ZSYC") and you as the Charterer (hereinafter referred to as the "Charterer"). Unless otherwise agreed in writing with ZSYC, the agreement will always include, at a minimum, the terms and conditions set out in this document.

2. Important Terms

• Charterers shall be responsible for all their guests' actions and behaviours, including being the representative to pay for any damages to ZSYC.
• The Charterer and Guests must be escorted by the ZSYC crew at all times within the marina. The marina is located at ONE°15 Marina Club located at 11 Cove Drive #01-01, Sentosa Cove, Singapore (hereinafter referred to as the "Marina"). The route is strictly from the entrance (gate) of the marina to the ZSYC yacht and vice versa. Guests cannot step onto any gangway and/or board other yachts, even for taking photographs or joining friends from other vessels.
• Guests are reminded that safety is of paramount importance to us. We recommend that guests wear a life vest, especially when the vessel is underway and during sea activities. Sea activities (e.g. swimming, kayaking, etc.) and/or land tours are subject to weather conditions and will be disallowed if there are safety concerns. The Charterer and Guests swim and/or engage in sea activities at their own risk.
• All guests must comply with the rules and regulations of the Maritime and Port Authority of Singapore (MPA), the marina and any other relevant authorities. Any illegal activities uncovered will be immediately reported to the authorities.
• Charterer consents to the photographs and/or videos of all guests taken by crew during the charter to be used for ZSYC marketing purposes. However, Charterer may notify ZSYC in writing before the charter if any guest does not consent to the use of his or her image for marketing purposes.
• ZSYC may refuse boarding, terminate, suspend or cancel the charter without refund if the Charterer or any Guest behaves in a manner which the Captain reasonably believes threatens safety, breaches any applicable law or marina regulation, causes nuisance or disruption to others, or prevents the safe operation of the yacht.
• The Charterer acknowledges that the supervision, safety, and conduct of all minors on board the Yacht at any time are the sole responsibility of the Charterer and/or the minors' parent(s) or legal guardian(s). The Crew shall not be responsible for the supervision or care of minors and shall not be considered childcare providers. Minors must be supervised by a parent or legal guardian at all times while on board, including but not limited to during swimming, water sports, tender operations, and while the yacht is underway or at anchor.
• All guests must comply with the instructions of the Captain and crew.

3. Payment / Cancellation / Postponement Policy

• The Charterer shall make full payment to confirm the booking. Cancellations made at least thirty (30) days before the scheduled charter date shall be eligible for a full refund. Cancellations made less than thirty (30) days before the scheduled charter date shall be non-refundable unless otherwise agreed by ZSYC in writing. If Charterer chooses to postpone, a $200 rescheduling fee will be imposed.
• ZSYC reserves the right to cancel or postpone the charter due to unforeseen circumstances, not limited to, such as adverse weather or sea conditions, yacht-related technical issues, breakdowns and security concerns. In such cases, ZSYC may arrange another date and/or time using a similar class/type of yacht for the remaining hours.
• The Captain shall have absolute discretion in all matters relating to the safety and navigation of the yacht and may alter, shorten, postpone, suspend, or cancel the charter or itinerary where reasonably necessary for safety, weather, operational, or regulatory reasons.
• ZSYC may amend its published rates, schedules and charter terms from time to time. Any amendments affecting an existing confirmed booking shall be notified to the Charterer before the charter commences.

4. Insurance

Personal insurance is recommended to be undertaken by the Charterer and Guests to cover accidents, losses, death etc., during the charter.

5. Admin

• The default meeting point will be at the marina's Gate 1 unless otherwise stated or arranged. For each standard charter, there will be at least one Captain at all times. The team will contact the Charterer about 30 minutes before the scheduled time on that day. Charter only includes a two-way trip to and from the marina. The embarkation and disembarkation points of the yacht will be within the marina unless decided otherwise by ZSYC. The vessel must be returned to the disembarkation point by the stipulated time, failing which, the Charterer is liable to pay fees at an hourly rate based on the type of yacht booked. Bookings are based on standard itineraries specified by ZSYC, and any extension of charter hours is subject to the yacht's availability.
• If the Charterer or Guests arrive after the scheduled embarkation time, the charter shall end at the originally scheduled disembarkation time. No refund or extension shall be granted for late arrival.

6. Yacht Rules

• The Charterer shall not sub-charter the yacht, and it must only be used as a pleasure craft for the sole and proper use of the Charterer and Guests. It must not be used to transport any merchandise or carry passengers for pay or engage in any trade. The Charterer shall ensure that the yacht is used in compliance with all applicable laws, regulations and governmental requirements.
• The Charterer shall be liable for any loss, damage, cost, expense, claim, or liability suffered by ZSYC arising directly from the negligent, reckless, unlawful, or wilful acts or omissions of the Charterer or Guests.
• The Charterer shall indemnify and keep indemnified ZSYC against all reasonable losses, damages, liabilities, claims, costs, and expenses arising directly from the negligent, reckless, unlawful, or wilful acts or omissions of the Charterer or Guests.
• Charterer acknowledges that ZSYC shall not be held liable for any death, loss or injury arising from Charterer's and the guest's use of the vessel, its equipment or dinghy, or any activities.
• Charterer is to note that balloons and confetti are not allowed inside the marina.
• Pets need to have their boots and life vests worn at all times.
• Red wines, smoking, underage drinking and gambling are not permitted on board at all times.
• Alcohol may only be consumed responsibly. The Captain may refuse boarding to, or require the disembarkation of, any person who appears intoxicated or whose behaviour poses a safety risk.

7. Fuel Usage

Fuel and utilities are included for cruises on standard itineraries as agreed.

8. Food and Beverages

The charter does not include food and beverages. The Charterer may cater or bring your barbeque food, which must be barbequed by our staff. This is as per the authorities' requirement, and a service fee will be levied.

9. Damages / Claims

• The yacht and all equipment and facilities are provided to the Charterer in good working condition and must be handled carefully. The Charterer shall indemnify ZSYC for any misuse, loss or damage to the items supplied before the charter ends. ZSYC shall determine in good faith, acting reasonably and based on available evidence, whether loss or damage was caused by the Charterer or Guests.
• Below represents a genuine pre-estimate of the typical replacement, repair, cleaning, or remediation costs incurred by ZSYC. Where actual costs differ materially, ZSYC reserves the right to recover its reasonable actual losses supported by documentary evidence: (i) $100 - Board Games, Cards, Uno, Bingo, Snap or other board games not listed; (ii) $100 - Inflatable Floats, Fishing Rod, or similar items not listed; (iii) $600 - Stand-Up Paddle Board, Kayak or similar items not listed; (iv) $600 - Sea Scooter, Dinghy, Floating Mat, or similar items not listed; (v) $1000 - Spillage/Stains from Wine, Toilet/Basin Choke, or similar issues; (vi) $1000 - Cleaning Services (Vomits, etc.) or similar services not listed.
• For loss, damage, contamination, cleaning, repair or replacement costs not listed above, ZSYC shall recover its reasonable actual losses where such losses are caused by the Charterer or Guests. Payment shall be made before the end of the charter or within seven (7) days of written demand by ZSYC, unless otherwise agreed in writing.

10. Limitation of Liability

• The Charterer and Guests participate in the charter and related activities at their own risk.
• ZSYC shall not be liable for any indirect, consequential, special, incidental, punitive or economic loss arising out of or in connection with the charter, including any loss of profits, loss of business opportunity, loss of goodwill or loss of data, whether arising in contract, tort (including negligence), statute or otherwise.
• ZSYC's total aggregate liability arising out of or in connection with the charter, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total charter fees paid by the Charterer.
• This Agreement shall be governed by the laws of Singapore. The parties submit to the exclusive jurisdiction of the courts of Singapore.
• The Charterer warrants that he/she has informed all Guests of these terms and is authorised to accept responsibility for the conduct of the Guests during the charter.

11. Personal Property

The Charterer and Guests are responsible for their personal belongings. ZSYC shall not be responsible for any loss, theft, or damage to personal property left unattended on the yacht, at the marina, or in any storage area, except where caused by the negligence or wilful misconduct of ZSYC.

12. Changes to the Terms

ZSYC may amend these terms from time to time. Any amendment shall apply only to future bookings and shall not affect a confirmed charter unless agreed in writing by the parties or required by law.

13. Pre-Departure Briefing and Acknowledgment

• A compulsory pre-departure briefing will be conducted to ensure that all safety, security measures, and other pertinent information are shared with the Charterer and Guests for adherence.
• All passengers are required to scan the Acknowledgement QR code and reply with their name, to confirm that they have watched the safety video and agree to the terms before departure.

14. Entire Agreement

• This Agreement constitutes the entire agreement between the parties in relation to the charter and supersedes all prior discussions, negotiations, representations, understandings and agreements relating to its subject matter.
• The Charterer acknowledges that he or she has not relied on any statement, representation or promise not expressly set out in this Agreement.