1. Introduction
1.1 These Terms and Conditions ("Terms") govern the use of Pen Marine Sdn Bhd ("we," "us," or "our") yacht brokerage and charter services, including the sale, purchase, charter, and related activities of yachts. By engaging in our services, you ("Client," "you," or "your") agree to these Terms.
1.2 Please read these Terms carefully. By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
2. MYBA Terms and Conditions
2.1 Standards: Pen Marine Sdn Bhd adheres to the terms and standards set forth by the Mediterranean Yacht Brokers Association (MYBA), a leading global professional organization for yacht brokers and charter agents. MYBA is renowned for establishing high standards of professionalism and ethics within the yachting industry, promoting best practices, and providing standardized contractual documents to ensure clarity and fairness in yacht transactions and charters.
2.2 Agreements: Our brokerage and charter agreements are based on the MYBA Memorandum of Agreement (MOA) and MYBA Charter Agreement. These contracts outline the rights and responsibilities of all parties involved, ensuring a transparent and reliable process. By engaging with Pen Marine Sdn Bhd, you agree to the terms and conditions as specified in these MYBA-standard agreements.
3. Yacht Brokerage Services
3.1 Sale and Purchase: Pen Marine Sdn Bhd acts as an intermediary in the sale and purchase of yachts. We provide information and facilitate communication between buyers and sellers but do not guarantee the accuracy of the information provided by sellers.
3.2 Brokerage Fee: A brokerage fee will be charged on the sale or purchase of a yacht. The fee is calculated as a percentage of the final sale price, as agreed upon in the brokerage agreement.
3.3 Disclaimer: Pen Marine Sdn Bhd provides industry knowledge, advice and due diligence but is not responsible for the condition, title, or suitability of any yacht. All transactions are conducted at the buyer's and seller's own discretion and risk.
4. Yacht Charter Services
4.1 Booking and Payment: A deposit is required to confirm a booking, with the balance due before the charter date. The charter will not commence until full payment is received.
4.2 Charter Agreement: A separate charter agreement outlining the terms and conditions of the charter will be provided. This agreement must be signed by the Client before the charter commences.
4.3 Cancellation Policy: Cancellations must be made in writing. Refunds will be provided according to the schedule agreed in the charter agreement.
4.4 Client Responsibilities: Clients are responsible for ensuring that all passengers comply with the laws and regulations of the charter location. The Client is liable for any damage to the yacht caused by the Client or their guests.
5. Insurance and Liability
5.1 Insurance: Pen Marine Sdn Bhd requires that all yachts used for charter be insured. The Client is responsible for obtaining appropriate travel and personal insurance.
5.2 Liability: Pen Marine Sdn Bhd is not liable for any injuries, damages, or losses incurred during the use of the yacht. The Client agrees to indemnify and hold Pen Marine Sdn Bhd harmless from any claims arising from the use of the yacht.
6. Dispute Resolution
6.1 Governing Law: These Terms are governed by the laws of Malaysia. Any disputes arising from these Terms or the services provided by Pen Marine Sdn Bhd will be resolved in the courts of Malaysia.
6.2 Arbitration: In the event of a dispute, the parties agree to attempt resolution through arbitration before pursuing legal action.
7. Miscellaneous
7.1 Amendments: Pen Marine Sdn Bhd reserves the right to modify these Terms at any time. The latest version of the Terms will be available on our website.
7.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
7.3 Entire Agreement: These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior agreements and understandings.
8. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Pen Marine Sdn Bhd
Address: 3A-1-12 Straits Quay, Seri Tanjung Pinang, Tanjung Tokong 10470, Penang, Malaysia.
Phone: +6019-488 1188
Email: info@penmarine.com