Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MarinArabia platform, website, applications, and related services (collectively, the “Platform”), operated by MarinArabia (“MarinArabia”, “we”, “us”, or “our”).

By accessing, browsing, registering with, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as amended from time to time. If you do not agree, you must immediately cease use of the Platform.

These Terms apply solely to your relationship with MarinArabia as a user of the Platform.

Definitions

For the purposes of these Terms:

• “User” means any individual or entity accessing or using the Platform.
• “Provider” means any independent yacht owner, operator, charter company, or marine service provider offering services directly to Users through the Platform.
• “Platform Services” means the technology-based services provided by MarinArabia, including listing, discovery, and communication tools that enable Users and Providers to connect.
• “Third-Party Services” means any charter, rental, maritime, or related services offered directly by Providers to Users.

1. Nature of the Platform and Services

MarinArabia operates solely as a passive technology platform that enables Users to discover and connect with independent Providers.

For the avoidance of doubt:

• MarinArabia does not own, lease, manage, or control any yachts or marine vessels
• MarinArabia does not provide any charter, rental, maritime, or related services
• MarinArabia does not act as an agent, representative, broker, intermediary, or fiduciary of any User or Provider
• MarinArabia does not negotiate, conclude, facilitate, or participate in any agreement between Users and Providers

All services made available through the Platform are offered and delivered exclusively by independent Providers, who act in their own capacity and not on behalf of MarinArabia.

2. No Agency, Partnership, or Representation

Nothing in these Terms, nor any use of the Platform, creates or shall be deemed to create any:

• agency relationship
• partnership or joint venture
• employment relationship
• fiduciary or trust-based relationship

between MarinArabia and any User or Provider.

MarinArabia does not act on behalf of any User or Provider and has no authority to negotiate, conclude, or bind any agreement for or on behalf of any party.

Providers operate independently and in their own capacity, and are solely responsible for:

• their services, operations, and conduct
• compliance with all applicable laws and regulations
• all interactions, agreements, and transactions with Users

Users acknowledge and agree that:

• any engagement with a Provider is undertaken directly and independently, at the User’s own risk
• MarinArabia is not a party to any agreement between Users and Providers
• MarinArabia has no responsibility for the performance or non-performance of any services

3. User Eligibility and Legal Capacity

By accessing or using the Platform, you represent and warrant that:

• you are at least eighteen (18) years of age
• you have the full legal capacity and authority to enter into binding agreements
• you are not prohibited by any applicable law from using the Platform
• you will comply with all applicable laws and regulations, including those relating to maritime activities and local requirements

You acknowledge and agree that:

• you are solely responsible for ensuring that your use of the Platform and participation in any activity is lawful in your jurisdiction
• MarinArabia does not verify, assess, or guarantee your legal eligibility or compliance with applicable laws
• any participation in activities facilitated through the Platform is undertaken at your own risk and discretion

4. User Accounts and Security

To access certain features of the Platform, you may be required to create an account.

By creating and using an account, you represent and warrant that:

• all information you provide is true, accurate, complete, and up to date
• you will maintain and promptly update your information as necessary

You are solely responsible for:

• maintaining the confidentiality and security of your login credentials
• all activities conducted through your account, whether authorized or not
• ensuring that your account is not used by any unauthorized third party

You agree to immediately notify MarinArabia of any actual or suspected unauthorized access, security breach, or misuse of your account.

MarinArabia shall not be liable for any loss, damage, or unauthorized activity arising from:

• your failure to safeguard your account credentials
• unauthorized access to your account
• any actions taken using your account

MarinArabia reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate any account, or limit access to the Platform, in any circumstances it deems appropriate, including but not limited to:

• breach of these Terms
• suspected fraudulent, abusive, or unlawful activity
• security concerns or risks to the Platform or other users
• provision of false, misleading, or incomplete information

5. Bookings and Contractual Relationships

5.1 Direct Relationship

Any booking, reservation, or transaction made through the Platform creates a direct and independent contractual relationship solely between the User and the relevant Provider.

For the avoidance of doubt:

• MarinArabia is not a party to any agreement between Users and Providers
• MarinArabia does not set, control, or determine any terms of service, including pricing, availability, or cancellation policies
• MarinArabia does not negotiate, conclude, supervise, or enforce any agreement
• MarinArabia does not guarantee the performance, quality, or outcome of any services

All terms relating to any booking, including pricing, availability, cancellations, and service conditions, are determined solely by the Provider.

Users acknowledge and agree that:

• they enter into any booking directly with the Provider and at their own risk
• they are responsible for reviewing and understanding all applicable terms prior to confirming any booking
• any dispute, claim, or issue arising from a booking must be resolved directly with the Provider

5.2 Risks

Users acknowledge, understand, and agree that all bookings made through the Platform involve inherent uncertainties and risks, including but not limited to:

• availability of services may change or be withdrawn at any time
• Providers may cancel, delay, reschedule, or modify services
• weather conditions, safety considerations, or operational factors may affect bookings
• services may differ from descriptions, images, or expectations
• listings may contain errors, inaccuracies, or omissions

Users further acknowledge that:

• MarinArabia does not control or guarantee the availability, safety, legality, or performance of any services
• MarinArabia does not guarantee that any booking will be fulfilled or completed
• All bookings are made entirely at the User’s sole risk.

To the maximum extent permitted by law, MarinArabia shall not be liable for:

• cancellations, delays, or modifications of bookings
• failure of a Provider to perform services
• dissatisfaction with services received
• any loss, damage, cost, or inconvenience arising from a booking

5.3 Payments

Payments made in connection with bookings are processed by independent third-party payment service providers.

MarinArabia:

• does not act as a bank, financial institution, escrow agent, or trustee
• does not receive, hold, or control funds on behalf of Users or Providers at any time
• does not guarantee the availability, security, or performance of any payment system

By making a payment, you:

• authorize the relevant third-party provider to charge your selected payment method
• agree to pay all applicable amounts associated with your booking
• acknowledge that payment obligations are owed directly to the Provider, unless otherwise explicitly stated

To the maximum extent permitted by law, MarinArabia shall not be liable for:

• payment failures, delays, or reversals
• unauthorized transactions or fraud
• disputes regarding refunds, chargebacks, or billing errors
• any loss arising from reliance on third-party payment systems

6. Providers Disclaimer

Providers made available through the Platform are independent third parties operating in their own capacity and not on behalf of MarinArabia.

MarinArabia does not employ, manage, supervise, or control any Provider and does not participate in the delivery, execution, or performance of any services.

For the avoidance of doubt, MarinArabia:

• does not verify, and shall not be deemed to have verified, any licenses, permits, insurance coverage, qualifications, or compliance with applicable laws
• does not guarantee the safety, legality, quality, suitability, or performance of any services or watercraft
• does not supervise, direct, or control the conduct, operations, or activities of any Provider
• does not warrant the accuracy, completeness, or reliability of any listing, description, image, or information provided by Providers

The inclusion of any Provider on the Platform does not constitute endorsement, recommendation, certification, or verification by MarinArabia.

Users acknowledge and agree that:

• any interaction, communication, booking, or transaction with a Provider is conducted directly and independently, at the User’s own risk
• Users are solely responsible for conducting their own due diligence prior to engaging with any Provider
• any reliance on information provided by Providers or displayed on the Platform is at the User’s own discretion and risk

To the maximum extent permitted by law, MarinArabia shall not be liable for:

• any act, omission, negligence, or misconduct of any Provider
• any injury, loss, or damage arising from the use of any services or watercraft
• any inaccuracy, misrepresentation, or omission in Provider listings or information
• any failure, delay, cancellation, or improper performance of services by a Provider
• any dispute, claim, or disagreement between a User and a Provider

7. Safety and Assumption of Risk

Users acknowledge, understand, and agree that marine, boating, and water-based activities involve inherent, significant, and potentially dangerous risks, which may result in serious injury, illness, property damage, or death.

Such risks include, without limitation:

• equipment malfunction or mechanical failure
• environmental conditions, including weather, waves, currents, and tides
• navigational hazards, collisions, or accidents
• acts, omissions, negligence, or misconduct of Providers or third parties

By using the Platform and participating in any activity, Users:

• voluntarily and knowingly assume all risks, whether known or unknown
• are solely responsible for their safety and conduct
• agree to comply with all applicable laws, rules, and safety instructions

Users further acknowledge that:

• MarinArabia does not provide supervision, control, or safety oversight
• MarinArabia does not guarantee the safety, condition, or suitability of any services or watercraft

To the maximum extent permitted by law, Users hereby release and discharge MarinArabia from any and all liability arising out of or related to:

• participation in any activity
• use of any services or watercraft
• any incident, accident, injury, or damage occurring before, during, or after such activities

8. User Conduct and Prohibited Activities

Users agree to use the Platform in a lawful, responsible, and appropriate manner at all times.

Without limitation, Users must not:

• violate any applicable laws or regulations
• provide false, misleading, or inaccurate information
• engage in fraudulent, deceptive, or unlawful activity
• impersonate any person or entity or misrepresent their identity
• misuse the Platform for any unauthorized purpose
• bypass, circumvent, or attempt to circumvent the Platform, including contacting Providers directly to avoid fees or Platform processes
• interfere with, disrupt, or damage the Platform, its systems, or networks
• attempt to gain unauthorized access to any accounts, systems, or data
• introduce viruses, malware, or harmful code
• use automated systems, bots, scraping tools, or data extraction methods without authorization
• upload, transmit, or distribute unlawful, harmful, abusive, or objectionable content

Users further agree to:

• comply with all instructions, policies, and guidelines issued by MarinArabia
• respect the rights, safety, and interests of other Users and Providers
• use the Platform solely for its intended purpose

MarinArabia reserves the right, at its sole discretion and without prior notice, to:

• suspend, restrict, or terminate any User account
• remove or disable any content or activity
• block access to the Platform
• report suspected unlawful activity to relevant authorities
• in any circumstances it deems appropriate, including but not limited to violations of these Terms

9. Comprehensive Disclaimer of Liability

To the maximum extent permitted by applicable law, MarinArabia, its owners, directors, officers, employees, affiliates, and agents shall not be liable for any loss, damage, liability, or claim of any kind, whether arising in contract, tort (including negligence), strict liability, or otherwise.

This includes, without limitation:

• personal injury, illness, or death
• property damage or loss
• financial loss, including loss of profits, revenue, or business opportunities
• service failures, delays, cancellations, or non-performance
• acts, omissions, negligence, or misconduct of any Provider or third party
• inaccuracies, errors, or omissions in listings, content, or information
• technical failures, system interruptions, downtime, or security issues affecting the Platform

This exclusion of liability applies to all claims arising out of or in connection with:

• access to or use of the Platform
• any booking, reservation, or transaction
• any interaction with Providers or third parties
• reliance on any information available on the Platform

Users acknowledge and agree that:

• MarinArabia does not control or guarantee any Provider, service, or transaction
• use of the Platform and participation in any activity is undertaken entirely at the User’s own risk
• This disclaimer applies to the fullest extent permitted by law, including to direct, indirect, incidental, consequential, or punitive damages, even if MarinArabia has been advised of the possibility of such damages.

10. Limitation of Liability

To the maximum extent permitted by applicable law, and without prejudice to the foregoing disclaimers, if MarinArabia is found liable for any reason arising out of or in connection with these Terms or the use of the Platform, its total aggregate liability shall be limited as follows:

MarinArabia’s total liability, whether arising in contract, tort (including negligence), strict liability, or otherwise, shall not exceed:

the total amount actually paid by the User through the Platform in connection with the specific transaction giving rise to the claim.

For the avoidance of doubt:

• this limitation applies collectively to all claims arising from the same transaction, and not on a per-claim basis
• if no amount has been paid through the Platform, MarinArabia’s total liability shall be zero
• under no circumstances shall MarinArabia be liable for any amounts exceeding the above limit

This limitation applies regardless of:

• the legal theory or basis of the claim
• whether MarinArabia has been advised of the possibility of such damages

Users acknowledge and agree that:

• this limitation of liability reflects a reasonable allocation of risk
• the availability and use of the Platform are conditioned upon this limitation

11. Third-Party Services

The Platform may integrate with, rely on, or provide access to services, tools, or systems operated by third parties (“Third-Party Services”), including but not limited to payment processors, communication tools, analytics providers, and external platforms.

Users acknowledge and agree that such Third-Party Services are independent from MarinArabia and are governed by their own terms, policies, and practices.

MarinArabia:

• does not own, operate, or control any Third-Party Services
• does not guarantee the availability, performance, security, or reliability of any Third-Party Services
• does not assume any responsibility for the accuracy, legality, or functionality of Third-Party Services
• does not control how Third-Party Services collect, process, or store data

Any interaction, transaction, or engagement with Third-Party Services is conducted solely at the User’s own risk.

To the maximum extent permitted by law, MarinArabia shall not be liable for:

• any failure, delay, or disruption of Third-Party Services
• any data breach, unauthorized access, or security incident involving Third-Party Services
• any payment processing issues, disputes, or errors
• any loss or damage arising from reliance on Third-Party Services

12. Indemnification

Users agree to indemnify, defend, and hold harmless MarinArabia, its owners, directors, officers, employees, affiliates, and agents from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• their access to or use of the Platform
• any booking, transaction, or interaction with any Provider or third party
• any breach of these Terms or violation of applicable laws or regulations
• any negligent, unlawful, fraudulent, or wrongful act or omission by the User
• any content or information provided by the User

This indemnification obligation applies to:

• claims brought by any third party, including Providers, other Users, or authorities
• all direct and indirect losses, including consequential damages

Users agree to fully cooperate with MarinArabia in the defense of any claim and acknowledge that MarinArabia shall have the right to assume control of the defense and settlement of such claims.

Users shall not settle any claim affecting MarinArabia without prior written consent.

13. Termination

MarinArabia reserves the right, at its sole discretion and to the maximum extent permitted by applicable law, to suspend, restrict, or terminate a User’s access to the Platform, in whole or in part, at any time, with or without notice.

This includes the right to:

• suspend, deactivate, or permanently terminate any User account
• restrict or block access to the Platform or any of its features
• remove, edit, or disable any content associated with a User
• cancel or prevent any pending or future bookings or transactions

MarinArabia may take such actions in any circumstances it deems appropriate, including but not limited to:

• breach or suspected breach of these Terms
• violation of applicable laws or regulations
• fraudulent, abusive, or unlawful activity
• security concerns or risks to the Platform or other users
• provision of false, misleading, or incomplete information

Users acknowledge and agree that:

• MarinArabia shall not be liable for any loss, damage, or inconvenience arising from suspension or termination
• MarinArabia is not obligated to provide prior notice, justification, or opportunity to cure
• MarinArabia is not required to retain, store, or provide access to any account data following termination
• Termination shall not affect any rights or obligations accrued prior to termination, and any provisions which by their nature should survive shall remain in full force and effect, including but not limited to liability limitations, disclaimers, and indemnification.

14. Modifications

MarinArabia reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time.

Any such modifications shall become effective upon:

• posting the updated Terms on the Platform; or
• providing notice to Users through the Platform, email, or other electronic means, where deemed appropriate

Users acknowledge and agree that:

• it is their responsibility to review these Terms periodically for any updates
• continued access to or use of the Platform after any modifications become effective constitutes acceptance of the revised Terms
• if a User does not agree to any modification, they must immediately cease using the Platform

MarinArabia shall not be liable for any failure by Users to review updated Terms or for any consequences arising from continued use of the Platform after such updates.

Any modifications shall not affect rights or obligations accrued prior to the effective date of such changes, unless expressly stated otherwise.

15. Governing Law

These Terms, and any dispute, claim, or matter arising out of or in connection with these Terms or the use of the Platform, shall be governed by and construed in accordance with the laws of the State of Qatar.

Users irrevocably agree that:

• the courts of the State of Qatar shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform
• they submit to the jurisdiction of such courts and waive any objection based on venue, forum non conveniens, or similar grounds

Prior to initiating any formal legal proceedings, the parties agree to use reasonable efforts to resolve any dispute amicably and in good faith within fourteen (14) days from written notice of the dispute.

Nothing in this clause shall limit MarinArabia’s right to seek injunctive or interim relief in any competent jurisdiction where necessary to protect its rights or interests.

16. Assumption of Risk and Waiver

Users acknowledge, understand, and agree that participation in any marine, boating, or water-based activity involves inherent, significant, and unpredictable risks, which may result in serious injury, illness, permanent disability, property damage, or death.

Such risks include, without limitation:

• drowning, slipping, falling, or physical injury
• mechanical failure or malfunction of watercraft or equipment
• collisions with vessels, objects, or individuals
• adverse weather conditions, waves, currents, or other environmental hazards
• acts, omissions, negligence, or misconduct of Providers or third parties

Users confirm that they voluntarily choose to participate in such activities and fully understand the associated risks.

Users expressly agree to:

• voluntarily assume all risks, whether known or unknown
• accept full responsibility for their participation and conduct
• ensure compliance with all applicable laws and safety requirements

To the maximum extent permitted by applicable law, Users hereby irrevocably release, waive, and discharge MarinArabia, its owners, directors, officers, employees, affiliates, and agents from any and all claims, demands, liabilities, damages, losses, or expenses of any kind arising out of or in connection with:

• personal injury, illness, disability, or death
• property damage or loss
• financial or economic loss
• any incident occurring before, during, or after participation in any activity

This waiver applies regardless of the cause, including negligence, failure to warn, or lack of supervision.

This waiver shall:

• be binding upon the User and their heirs, successors, and legal representatives
• remain in full force and effect for all use of the Platform and participation in activities
• survive termination of these Terms or the User’s access to the Platform

Contact Information

If you have any questions about these Terms, please contact us: