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MARINA TERMS

AND CONDITIONS
The following terms and conditions apply to all charter operators, their employees and agents,
referred to as the ‘Operator’, operating within the Creek Marina Yacht Club. These terms and
conditions are to be read and agreed to in conjunction with the rules and regulations stipulated in the
standard Marina Berthing Agreement for all vessels.

1.1 GENERAL

1.1.1 Creek Marina Yacht Club welcomes charter Operators who operate with a high level of professionalism
and integrity and maintain at all times safe and secure operating practices with respect to their guests,
vessels, employees, officers and agents.

1.1.2 Creek Marina Yacht Club will only accept Operators who are deemed by Creek Marina Yacht Club
at their discretion to be of good standing and reputation in the charter industry and who possess all
requisite papers required by U.A.E. law in respect to all aspects of charter operations, including but not
limited to charter vessel licenses (requisite ‘DT’ registration, or charter registrations recognised by Dubai
Authorities), personnel VISAs, personnel training certificates, liability insurance, etc. Copies of all such
requisite papers will be made available to Creek Marina Yacht Club upon demand, or at the latest seven
(7) days upon written request. Failing this, Creek Marina Yacht Club reserves the right to disallow / cease
the Operator’s charter operations from its facilities until all such papers are supplied to Creek Marina
Yacht Club’s satisfaction.

1.1.3 For the avoidance of doubt, Creek Marina Yacht Club will consider a ‘charter’ to be where paying
guests are brought on board a vessel (properly or improperly registered for the purpose, i.e. DT, DP or
other Emirate registered) for pleasure or commercial purposes.

1.1.4 An Operator will not solicit, engage for charter or attempt to engage for charter a vessel not licensed to
charter under U.A.E. law. Those found to be engaging, utilising or soliciting ‘DP’ or otherwise privately
registered vessels for charter purposes may be reported to the authorities and face expulsion from
Creek Marina Yacht Club.

1.1.5 Creek Marina Yacht Club reserves the right to exclude, either temporarily or permanently, the
Operator’s employees, officers, agents or representatives from Creek Marina Yacht Club’s facilities
and walkways, if such persons are believed to have been involved with or displayed behaviour deemed
inappropriate by Creek Marina Yacht Club.

1.1.6 Creek Marina Yacht Club acts in strict accordance with U.A.E. law and will revert to the appropriate
authorities any activity it deems to be illegal.

1.1.7 Creek Marina Yacht Club will not tolerate any verbal, physical or written abuse of any kind to any of its
staff, Creek Marina Yacht Club clients or visitors. Any party guilty of such behaviour will be reported
to the Dubai Police and will be found to contravene the terms and conditions herein.

1.1.8 Any observed abuses of alcohol or illicit substances by the Operator’s employees, agents or representatives
will be treated severely, especially considering the potential danger that exists in a marine environment
and the operation of charter vessels with paying guests. The appropriate authorities will be immediately
informed.

1.1.9 Signatories to the Charter Code of Practice will be deemed to have understood its terms and conditions
and will respect its terms and conditions for the duration of any active charter berthing contract in place
between the Operator and Creek Marina Yacht Club.

1.2 HEALTH AND SAFETY

1.2.1 The Operator warrants to hold all necessary licenses and certifications for operating a Charter operation.
Crew and service personnel are to be appropriately qualified, trained and fit for their nominated duties
and the charter vessel / s is / are to be fit for their intended purpose of carrying paying guests.

1.2.2 With respect to the safe and efficient management of the Operator’s charter vessel / s, its owners and crew
have both a legal and moral obligation to promote best business practices and safe operating procedures
for their guests. The Operator will support a well-maintained vessel / s, engage in safe work methods, and
maintain high standards of cleanliness and hygiene aboard the vessel / s and adjacent dock areas and
attend To passenger safety and comfort at all times.

Operator’s Initial __________


CREEKMARINAYACHTCLUB.COM
E: INFO@CREEKMARINAYACHTCLUB.COM
T:+971 4 428 8890
1.2.3 The Operator will always ensure that the vessel / s carries sufficient and qualified crew according to legal
minimum manning requirements, and that all safety equipment and supplies meet the requirements
of their intended service as per U.A.E. current and future legislation.

1.2.4 Any unusual occurrences, accidents or incidents that could result in property damage, affect a person’s
wellbeing or pose a threat to the environment must be reported immediately to Creek Marina Yacht
Club personnel. The Operator makes certain that any possible hazardous situations are urgently and
properly resolved to the best of its abilities.

1.3 CHARTER GUESTS AND OPERATING PROCECEDURES

1.3.1 It is the Operator’s sole responsibility to arrange for suitable transportation for its clients to Creek Marina
Yacht Club Marina Including between the car park and the Marina.

1.3.2 The Operator hereby recognises that Creek Marina Yacht Club is a private and secured facility for the
enjoyment of its boaters and their guests. As such, the Operator is always responsible for
escorting its charter guests from the entrance of Creek Marina Yacht Club Marina to the Operator’s
vessel, and vice versa, thereby ensuring that its charter guests do not disturb the private boaters in any
way. A ratio of 1 crew to 10 guests is deemed acceptable. This includes but is not limited to trespass onto
private property / vessels, noise disturbance, and disrespectful or poor behaviour of any form. Thus, the
Operator is responsible for ensuring that its guests are always escorted onto, and off all Creek Marina
Yacht Club Marina docks. The dock area is deemed to end at the security gate of the respective Marina.

1.3.3 The Operator must ensure that any heavily intoxicated guests are escorted off the Creek Marina Yacht
Club property as quickly as possible to avoid any incidents.

1.3.4 All passengers and crew are to adhere to safe embarkation and disembarkation procedures of passengers.
The Operator will always designate at least two (2) crew members to ensure the safe boarding and
disembarkation of passengers between the safe entry point of the Operator’s vessel and the Marina docks.

1.3.5 The Operator acknowledges that floating Marina docks (with no safety railings and water either side) carry
some risk to non-boating guests and always agrees to accompany its guests within Creek Marina Yacht
Club Marinas and facilities and to practice and enforce safe crowd control procedures.

1.3.6 The Operator warrants that no excessively loud music and / or amplified audio will be broadcast in, around
or nearby any Creek Marina Yacht Club facility. Once inside Creek Marina Yacht Club Marina, no music
should be audible from more than 20 metres from the vessel before 10.00pm, after 10.00pm no music
should be audible from the vessel whatsoever. Creek Marina Yacht Club will be the sole judge of excessive
music and / or noise levels.

1.3.7 Creek Marina Yacht Club trolleys may be used to transport supplies and equipment where necessary,
however, the Operator will undertake to not overload or misuse them in any way.

1.3.8 If availability exists, the Operator may make use of ice obtainable at designated Creek Marina Yacht Club
locations. However, as a courtesy to others, the Operator is asked to limit ice consumption to a maximum
of two bags per charter vessel per day as long as the vessel has a charter trip scheduled that day.

1.4 ENVIRONMENT

1.4.1 As a rule, Creek Marina Yacht Club will strictly not permit any repairs and / or maintenance to vessels
that result in any form of pollution, including dust, noise, oil, chemical or that cause any disturbance to
other Marina users. This type of polluting work should be done in a properly designated service yard. For the
avoidance of doubt, use of any power tools that cause dust and / or noise pollution is not permitted inside the
Marinas. Gel-coat polishing wheels are permitted but care must be taken to not soil neighbouring vessels
nor the Marina’s docks.

1.4.2 No waste is to be pumped from the vessel’s bilge or to be spilled into the water. This includes, but is not
limited to paint, varnish, wood or fibreglass dust and oil or oil-based products. Creek Marina Yacht Club
takes a severe view of any Operator who is found to be in breach of environmentally safe practices,
either knowingly or unknowingly. Repeat offenders face possible eviction from Creek Marina Yacht
Club. Creek Marina Yacht Club reserves the right to levy any applicable clean up charge to the Operator.

Operator’s Initial __________


CREEKMARINAYACHTCLUB.COM
E: INFO@CREEKMARINAYACHTCLUB.COM
T:+971 4 428 8890
1.4.3 Creek Marina Yacht Club requests awareness, assistance and full support regarding trash removal and
trash separation and encourages all Operators to recycle waste where appropriate by utilising the green
recycle bins for bottles, cans and plastic as well as the collection cage for cardboard.

1.4.4 The Operator acknowledges and understands that the limited capacity Marina rubbish bins are for the use
of private Marina users only, and not for the use of high-frequency Charter Operators. The Operator will
ensure that all trash resulting from its operations will be placed into good quality trash bags and double
bagged (i.e. two bags over each other) to prevent any spills into the canal or onto Marina docks.

1.4.5 Whereever the facility permits it, the Operator will bring all rubbish up to and deposit the rubbish into
the large skip bins provided. At other locations, rubbish bags are to be deposited into the designated
Marina rubbish bins. No rubbish is to be deposited randomly on the dock, underneath gangways, on
the Marina walk or in the car park.

1.4.6 Creek Marina Yacht Club will only accept compressible rubbish. All non-compressible or hazardous
rubbish such as waste oil, oil products, fuel filters, scrap metal, defect or old appliances, paint, anodes,
batteries, flares, acids and all other harmful waste generated by the Operator cannot be deposited into
Creek Marina Yacht Club rubbish bins. The Operator must arrange for these types of hazardous or
non-compressible rubbish to be removed by scrap or bulky waste handlers.

1.5 CATERING TO VESSELS AT CREEK MARINA YACHT CLUB

1.5.1 All external catering companies must be authorised in writing by Creek Marina Yacht Club management.
Creek Marina Yacht Club reserves the right to deny entry to catering companies not authorised by Creek
Marina Yacht Club management.

1.5.2 All trolleys utilised by catering companies must have non-marking wheels (i.e. that do not leave black
marks on the pontoon deck).

1.5.3 The Operator is wholly responsible for preventing mess, spillage or stains of any sort left by their designated
catering company. If any mess results, it is the responsibility of the Operator to clean up said mess
promptly and to return the pontoon to its original cleanliness state.

1.6 INFRASTRUCTURE AND PUBLIC DISPLAYS

1.6.1 There shall be no alterations or works made to the Creek Marina Yacht Club docks, or any of its
equipment whatsoever, without the written authorisation of Creek Marina Yacht Club management.

1.6.2 All Creek Marina Yacht Club grounds and walkways are always to be kept clean and tidy, any occurring
garbage is to be removed promptly and according to above stipulated guidelines.

1.6.3 In accordance with UAE laws, no alcoholic beverages are to be consumed in public by any guests and all
persons associated with the Operator. Drunken or unruly behaviour displayed by a charter guest or any of
the operator’s affiliates is to be tightly controlled by the Operator.

1.6.4 The Operator will make best efforts to ensure that all crew and passengers are appropriately dressed
according to the customs of the country whilst on Creek Marina Yacht Club property.

1.6.5 The distribution of advertising flyers, business cards or samples within Creek Marina Yacht Club grounds is
not permitted without prior and explicit permission extended by Creek Marina Yacht Club Management.

1.7 INFRINGEMENTS AND NOTICE OF VIOLATION PROCEDURES

1.7.1 A policy infringement / violation incident is that which is deemed in the sole opinion of Creek Marina Yacht
Club’s management to be of a serious nature, that results in either damage to life and / or property, to the
reputation of the Operator and / or Creek Marina Yacht Club as landlord, and / or a contravention of the Code
of Practice) and is a direct result of the operational practices of an Operator, either wilful or otherwise.

1.7.2 A policy infringement / violation notice will be issued in writing to the Operator by the senior manager
of Creek Marina Yacht Club, where a violation(s) has been observed or reported by Creek Marina Yacht Club
staff. Any one policy infringement / violation notice will be valid for a period of six (6) months, upon which, it
will be treated as expired and struck from the Operator’s record.

Operator’s Initial __________


CREEKMARINAYACHTCLUB.COM
E: INFO@CREEKMARINAYACHTCLUB.COM
T:+971 4 428 8890
1.7.3 Policy infringement / violations are categorised in 1.7.8 below according to minor, major and serious
infractions. Creek Marina Yacht Club reserves the right to define and interpret the scope of coverage
of these infractions. Where an Operator incurs more than four minor, two major or one serious violation,
Creek Marina Yacht Club will issue a fine up to AED 1,000 The fine is payable within 30 days of issue.

1.7.4 In cases where lives are put at risk, Creek Marina Yacht Club may issue a ‘stop work’ notice to the
Operator for a period determinate to the seriousness of the violations of the Code of Practice. The ‘stop
work’ period may range from a minimum of one (1) week up to three (3) months. During the ‘stop work’
period, the Operator may not operate any of its charter vessels from Creek Marina Yacht Club premises
for the purposes of charter. If an Operator is observed, in the sole opinion of Creek Marina Yacht Club
management, to be engaged in charter from Creek Marina Yacht Club premises during a ‘stop work’
notice, the Operator will be deemed in breach of berthing contract, and some or all berthing contracts
may be immediately terminated forthwith with Creek Marina Yacht Club.

1.7.5 Operators may appeal against a notice of infringement / violation, fine or stop work notice in writing to the
head of administration at Creek Marina Yacht Club. This must be submitted within three (3) working
days of receiving notice. On receiving an appeal Creek Marina Yacht Club will conduct an internal
investigation, to last no longer than ten (10) working days, and will revert to the Operator with a final
decision by the tenth (10th) working day after notice of appeal. The head of administration at Creek Marina
Yacht Club is to determine if a ‘stop work’ order is to be complied with by an Operator while an investigation
is underway. Creek Marina Yacht Club administration decisions are final. The Operator holds Creek Marina
Yacht Club harmless of any lost revenues from a ‘stop work’ order.

1.7.6 A policy infringement / violation notification may result from a violation to any of the important clauses
contained within this Code of Practice, however, for the purposes of clarity, the following table may act as
a guide as to the type of violations that may result in a policy infringement / violation notification in writing.

1.7.7 Creek Marina Yacht Club wishes to stress that occasionally, accidents and incidents may occur which
are entirely out of the control of the Operator. If Creek Marina Yacht Club staff have observed that an
Operator has taken all reasonable and prudent actions to prevent or mitigate the risks of policy
infringement / violation incidents occurring, no policy infringement / violation may be issued for a specific
incident. However, where negligence, either wilful or otherwise, is observed in respect to an incident, where
there is clear violation of the Charter Code of Practice, a policy infringement / violation will likely be issued.
Minor Violations Major Violations Serious Violations
Noise and nuisance. Oil / dieselspills or other similar hazardous Serious injury or death taking place aboard a
liquids. Charter vessel, determined to be due to either
gross negligence or inadequate safety
measures practiced by the crew or Charter
company.
Unauthorised berthing. Inappropriate method of waste disposal; black Customers intentionally jumping off a vessel ,
water, grey water, general rubbish. pontoon or the Marina Promenade rails into the
Creek Marina Canal.
Repeated failure to carry correct Marina ID Unauthorised works on vessels; sanding, An Operator found to be engaging or soliciting
credential. welding and any other hot works. private DP registered vessels.

Damage to Marina facilities, pontoons , Guests repeatedly not being escorted by the An Operator not able to control Charter g uests,
walkways, quay wall, pedestals, hand rail and appropriate number of Charter Operator crew including intoxication.
any other kind of Marina equipment. to and from the Charter vessel (a ratio of 1 crew
to 10 guests is acceptable).
Abusive and / orrude behaviour from Charter Proper safety briefings not taking place aboard
staff. the Charter vessel prior to every Charter trip.

Hanging clothes, lifejackets and other An Operator found to be offering or paying


equipment on vessel rails or super structure commission to any Creek Marina Yacht Club
employee.
low display.

Travelling over the legitimate speed limit within


the Dubai Marina Canal.

DISCLAIMER

I hereby acknowledge that I, the Operator, have read and understood the Code of Conduct for Charter Operators
and are thus responsible for ensuring that my employees, officers and agents will always, without fail, respect and
abide by the terms contained herein.

Operator’s Full Name _____________________________________________ Signature ______________________ Date (dd/mm/yy) ___ / ___ / ___

CREEKMARINAYACHTCLUB.COM
E: INFO@CREEKMARINAYACHTCLUB.COM
T:+971 4 428 8890

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