Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your use of yacht charter services provided by pelagiynas, a maritime charter operation based in Kota Kinabalu, Sabah, Malaysia ("Company," "we," "us," or "our"). By booking a charter, accessing our website, or using our services, you ("Client," "Guest," "you") agree to be bound by these Terms.

If you do not agree to these Terms, do not book our services or use our website. These Terms constitute a legally binding agreement between you and pelagiynas.

You must be at least 18 years of age to book a charter. By booking, you represent that you have the legal capacity to enter into this agreement.

2. Service Description

pelagiynas provides yacht charter services around the coastal waters of Sabah, Malaysia. Our services include vessel rental, crew services, safety equipment, and itinerary planning as specified in individual charter agreements.

Charter offerings are subject to availability, weather conditions, and operational feasibility. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

Service descriptions on our website are provided for general information purposes. Specific charter details are confirmed through booking documentation and pre-charter communications.

3. Booking and Payment Terms

3.1 Booking Process

Charter bookings are confirmed upon receipt of deposit payment and written confirmation from pelagiynas. A booking is not guaranteed until both payment and confirmation are completed.

3.2 Payment Schedule

• Deposit: 30% of total charter fee due at time of booking
• Balance: Remaining 70% due 14 days before charter date
• Last-minute bookings (within 14 days): Full payment required at booking

3.3 Accepted Payment Methods

We accept bank transfers, credit cards (Visa, Mastercard), and approved electronic payment services. All prices are quoted in Malaysian Ringgit (MYR) unless otherwise specified.

3.4 Additional Charges

The following items are not included in base charter fees and will be billed separately:

• Marine park entrance fees
• Specialty beverages or catering upgrades
• Optional activities (e.g., fishing equipment rental, specialized diving gear)
• Transportation to/from departure points beyond standard pickup locations

4. Cancellation and Refund Policy

4.1 Client-Initiated Cancellations

• 30+ days before charter: Full refund minus 10% administrative fee
• 14-29 days before charter: 50% refund of total charter fee
• 7-13 days before charter: 25% refund of total charter fee
• Less than 7 days before charter: No refund

4.2 Weather-Related Cancellations

If weather conditions are deemed unsafe for charter operations by our skipper or maritime authorities, we will offer:

• Rescheduling to an alternative date within 12 months at no additional charge
• Full refund if rescheduling is not feasible

Weather cancellation decisions are at the sole discretion of pelagiynas and are based on maritime safety standards. Clients cannot demand departure in unsafe conditions.

4.3 Force Majeure

In cases of force majeure events (natural disasters, governmental restrictions, maritime authority closures, pandemic-related shutdowns), charters may be cancelled or postponed with full refund or rescheduling option, at the client's choice.

5. Guest Responsibilities and Conduct

5.1 Safety Compliance

Guests must:

• Attend the pre-departure safety briefing
• Wear life jackets when instructed by crew
• Follow all crew directions regarding vessel operation and safety
• Disclose any health conditions that may affect participation
• Remain within designated passenger areas unless authorized by crew

5.2 Prohibited Conduct

The following behaviors are strictly prohibited:

• Operating vessel controls or navigation equipment
• Consumption of illegal substances
• Excessive alcohol consumption that impairs safety or disrupts other guests
• Harassment of crew or other guests
• Damage to vessel property or equipment
• Littering or polluting marine environments
• Unauthorized swimming or water activities in unsafe areas

5.3 Environmental Responsibility

Guests must respect marine park regulations, avoid disturbing wildlife, and cooperate with no-discharge and reef-protection policies. Violations may result in charter termination without refund.

6. Liability and Insurance

6.1 Assumption of Risk

Yacht charter activities involve inherent risks including but not limited to unpredictable weather, marine conditions, and physical activity. By participating, you acknowledge and assume these risks.

6.2 Limitation of Liability

pelagiynas's liability is limited to direct damages caused by gross negligence or willful misconduct. We are not liable for:

• Indirect, consequential, or punitive damages
• Losses resulting from weather-related delays or cancellations
• Personal injuries arising from failure to follow safety instructions
• Loss or damage to personal belongings
• Third-party service failures (catering suppliers, marine park authorities)

Maximum liability for any claim shall not exceed the total charter fee paid.

6.3 Insurance Coverage

pelagiynas maintains comprehensive marine liability insurance as required by Malaysian maritime law. This insurance covers vessel operations and third-party liability.

Guests are strongly encouraged to obtain personal travel insurance covering medical emergencies, trip cancellation, and personal liability.

7. Intellectual Property

All content on our website, including text, graphics, logos, and images, is owned by pelagiynas or used under license. This content is protected by Malaysian and international copyright laws.

You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission. Limited use for personal, non-commercial purposes (e.g., viewing our website, saving itinerary information) is permitted.

8. Photography and Media

pelagiynas may take photographs or videos during charters for marketing, promotional, or operational documentation purposes. By participating in a charter, you consent to the use of your image in such materials unless you notify us otherwise in writing.

Guests are welcome to photograph their charter experience. However, images taken for commercial purposes require prior approval. We ask that guests respect the privacy of crew and other passengers when taking photographs.

9. Modifications to Services

We reserve the right to modify charter itineraries, substitute vessels, or adjust crew assignments based on operational needs, safety considerations, or circumstances beyond our control. Reasonable efforts will be made to provide advance notice and comparable alternatives.

Modifications made for legitimate operational or safety reasons do not entitle clients to refunds or compensation.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of Malaysia, specifically the jurisdiction of Sabah. Any legal proceedings shall be conducted in the courts of Kota Kinabalu, Sabah.

10.2 Informal Resolution

Before initiating formal legal proceedings, both parties agree to attempt informal resolution through good-faith negotiation. Disputes should first be addressed by contacting our operations manager at [email protected].

10.3 Limitation Period

Any claims arising from charter services must be brought within one year of the charter date or the date the issue was discovered.

11. Indemnification

You agree to indemnify and hold harmless pelagiynas, its officers, crew, and affiliates from any claims, damages, or expenses arising from your violation of these Terms, breach of applicable laws, or negligent or willful misconduct during a charter.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any written charter agreement, constitute the entire agreement between you and pelagiynas regarding charter services. These Terms supersede any prior oral or written understandings.

14. Changes to Terms

We may update these Terms periodically to reflect changes in our operations, legal requirements, or business practices. Material changes will be communicated through our website or direct notification to clients with pending bookings.

Continued use of our services after changes constitutes acceptance of the updated Terms. Clients are encouraged to review these Terms before each booking.

15. Contact Information

For questions regarding these Terms and Conditions, please contact: