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Charter Agreement
I need a charter agreement for a private yacht rental in the UAE, specifying a 3-day itinerary with crew services included, catering for up to 10 guests, and outlining terms for fuel costs, liability, and cancellation policy.
What is a Charter Agreement?
A Charter Agreement is a binding contract that outlines how you'll use a vessel, aircraft, or other asset for a specific period in the UAE. Think of it as a detailed rental agreement where you get temporary control of the asset while the owner still maintains ownership. Common in Dubai's maritime and aviation sectors, these agreements spell out key terms like duration, payment, and operational responsibilities.
Under UAE Maritime Law and Civil Aviation regulations, Charter Agreements must include specific safety standards, insurance requirements, and maintenance obligations. They're particularly important in the UAE's busy ports and airports, where businesses regularly charter everything from luxury yachts to cargo vessels and private jets. The agreement protects both parties by clearly defining who's responsible for fuel costs, crew wages, and potential damages.
When should you use a Charter Agreement?
Use a Charter Agreement when you need temporary control of a vessel, aircraft, or specialized equipment in the UAE without purchasing it outright. This is especially crucial for short-term projects, seasonal operations, or when testing new market opportunities in Dubai's maritime or aviation sectors. For example, shipping companies often use these agreements during peak seasons to expand their fleet capacity.
A Charter Agreement becomes essential when dealing with high-value assets where clear operational control and liability boundaries must be established. UAE businesses frequently need these agreements when chartering vessels for oil and gas operations, private jets for corporate transport, or specialized equipment for construction projects. They're particularly valuable when coordinating multi-party operations in UAE's free zones.
What are the different types of Charter Agreement?
- Bareboat Charter: Gives complete control and operation of the vessel to the charterer, who handles crew, maintenance, and insurance. Popular with UAE yacht rentals and maritime businesses.
- Time Charter: Vessel owner provides crew and maintains the ship while charterer directs operations. Common in Dubai's commercial shipping sector.
- Voyage Charter: One-time use agreement for specific cargo transport between UAE ports. Includes detailed loading/unloading terms.
- Wet Lease Charter: Used for aircraft with crew, maintenance, and insurance included. Prevalent in UAE's aviation industry.
- Dry Lease Charter: Aircraft-only agreement where lessee provides crew and handles operations. Popular with UAE airlines expanding capacity.
Who should typically use a Charter Agreement?
- Vessel/Aircraft Owners: Companies or individuals who own maritime vessels or aircraft and want to generate revenue by chartering them out in UAE waters or airspace.
- Charter Companies: Businesses that specialize in managing and arranging charter agreements, often acting as intermediaries in Dubai's marine and aviation sectors.
- Corporate Lessees: UAE businesses that need temporary use of vessels or aircraft for specific projects or operations.
- Maritime Lawyers: Legal professionals who draft and review agreements to ensure compliance with UAE Maritime Law and international regulations.
- Insurance Providers: Companies that provide specialized coverage required under UAE charter regulations.
How do you write a Charter Agreement?
- Asset Details: Gather complete specifications of the vessel or aircraft, including registration numbers, capacity, and technical requirements under UAE regulations.
- Duration & Terms: Define exact charter period, payment schedule, and operational boundaries within UAE territorial waters or airspace.
- Party Information: Collect legal names, trade licenses, and authorized signatories for all involved parties as per UAE documentation requirements.
- Insurance Coverage: Document required insurance types and minimum coverage levels following UAE maritime or aviation standards.
- Operational Plan: Outline maintenance schedules, crew responsibilities, and emergency procedures compliant with local safety regulations.
What should be included in a Charter Agreement?
- Party Identification: Full legal names, trade license numbers, and registered addresses of both owner and charterer under UAE law.
- Asset Description: Detailed specifications of the vessel/aircraft, including registration details and compliance certificates.
- Charter Terms: Clear duration, delivery location, and operational boundaries within UAE territorial limits.
- Payment Structure: Charter rates, payment schedule, and currency specifications following UAE banking regulations.
- Liability Clauses: Risk allocation, insurance requirements, and indemnification terms per UAE Maritime/Aviation Law.
- Governing Law: Explicit statement of UAE law application and local dispute resolution mechanisms.
What's the difference between a Charter Agreement and an Asset Purchase Agreement?
Charter Agreements are often confused with Asset Purchase Agreements in UAE business transactions. While both deal with high-value assets, their fundamental purposes and implications differ significantly.
- Ownership Transfer: Charter Agreements provide temporary operational control while maintaining original ownership; Asset Purchase Agreements permanently transfer ownership rights.
- Duration: Charter Agreements specify a fixed operational period with return conditions; Asset Purchase Agreements create permanent transfers with one-time payment terms.
- Operational Control: Charter Agreements focus on usage rights, maintenance responsibilities, and operational boundaries; Asset Purchase Agreements deal with complete transfer of rights and obligations.
- Regulatory Requirements: Charter Agreements must comply with UAE maritime or aviation operational regulations; Asset Purchase Agreements focus on transfer documentation and registration requirements.
- Financial Structure: Charter Agreements involve recurring payments for usage; Asset Purchase Agreements typically involve one-time purchase prices with possible installment terms.
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