Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Deepwell," "we," "us," and "our" refer to the yacht charter service operating from Pantai Cenang, Langkawi
• "Guest," "you," and "your" refer to the person or persons booking or participating in a charter
• "Charter" refers to any of our yacht services including Cenang Sunset Drift, Dayang Bunting and Caves Day Charter, and Thai Border Crossing Voyage
• "Vessel" refers to the boat provided for your charter
• "Crew" refers to the skipper, deckhands, chef, and other staff operating the vessel

2. Acceptance of Terms

By booking a charter with Deepwell, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed with booking.

You must be at least 18 years of age to make a booking. Guests under 18 must be accompanied by an adult guardian who assumes responsibility for their conduct and safety.

3. Booking and Payment

3.1 Booking Process

Bookings are confirmed upon receipt of deposit payment and written confirmation from our operations team. Provisional bookings held without deposit will be released after 48 hours.

3.2 Payment Terms

• 50% deposit required at time of booking
• Balance payment due 7 days before charter departure
• Full payment required for bookings made within 7 days of departure
• Accepted payment methods: bank transfer, credit card
• All prices quoted in Malaysian Ringgit (MYR)

3.3 Price Inclusions

Charter prices include vessel hire, crew, fuel, safety equipment, snorkelling gear, towels, and meals/refreshments as specified for each charter type. Prices do not include alcoholic beverages unless specifically arranged, gratuities (optional), or personal expenses.

4. Cancellations and Refunds

4.1 Guest Cancellations

• More than 14 days before departure: Full refund minus 10% administration fee
• 7-14 days before departure: 50% refund
• Less than 7 days before departure: No refund
• No-show on departure day: No refund

4.2 Weather Cancellations

If we cancel your charter due to unsafe weather conditions, you will receive either a full refund or the option to reschedule to an alternative date at no additional charge. The decision to cancel for weather reasons rests solely with the skipper and is made in the interest of guest safety.

4.3 Deepwell Cancellations

If we must cancel your charter for reasons other than weather (mechanical issues, crew illness), you will receive a full refund or rescheduling option. We are not liable for any consequential expenses such as accommodation or travel costs.

5. Charter Conduct and Safety

5.1 Guest Responsibilities

• Follow all safety instructions provided by crew
• Wear life jackets when required
• Refrain from dangerous behaviour including diving from vessel, swimming in prohibited areas, or interfering with vessel operations
• Consume alcohol responsibly; crew reserves right to refuse service to intoxicated guests
• Report any medical conditions or concerns to crew before departure
• Supervise children at all times

5.2 Skipper Authority

The skipper has absolute authority regarding all safety matters, route decisions, and conduct aboard the vessel. Guests who disregard safety instructions or behave in a manner that endangers themselves, other guests, or crew may be removed from the charter without refund.

6. Thai Border Crossing Requirements

For the Thai Border Crossing Voyage:

• All guests must carry valid passports with at least 6 months validity
• Passport details must be provided at least 7 days before departure for immigration clearance
• Guests are responsible for ensuring they meet all entry requirements for Thailand
• Deepwell is not responsible for denied entry to Thai waters due to documentation issues
• Thai marine park entry fees are included in charter price

7. Liability and Insurance

7.1 Our Insurance

We maintain comprehensive marine insurance covering passenger liability and vessel damage. Our insurance does not cover guests' personal belongings, medical expenses, or travel insurance.

7.2 Guest Insurance

We strongly recommend guests obtain personal travel insurance covering medical emergencies, trip cancellation, and personal property. Water-based activities carry inherent risks, and insurance is advised.

7.3 Limitation of Liability

Deepwell is not liable for loss, damage, or injury arising from circumstances beyond our reasonable control including severe weather, mechanical failure despite proper maintenance, actions of third parties, or guest failure to follow safety instructions. Our total liability is limited to the amount paid for your charter.

8. Personal Belongings

Guests are responsible for their personal belongings. We are not liable for loss or damage to phones, cameras, jewellery, or other items brought aboard. We recommend storing valuables securely and using waterproof protection for electronics.

9. Medical Conditions

Guests must inform us of any medical conditions, allergies, or dietary requirements at time of booking. This includes conditions that may be affected by sun exposure, motion, or physical activity.

We reserve the right to refuse booking to guests whose medical condition presents unreasonable risk. Crew are trained in basic first aid but are not medical professionals.

10. Photography and Media

Crew may take photographs during charters for our marketing purposes. By participating in a charter, you consent to use of photographs in which you appear. If you prefer not to be photographed, inform the crew at the start of your charter.

11. Force Majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control including natural disasters, government restrictions, labour disputes, or other force majeure events. In such cases, we will offer rescheduling or refund at our discretion.

12. Complaints and Disputes

If you are dissatisfied with any aspect of your charter, inform the crew immediately so we can attempt to resolve the issue. Formal complaints should be submitted in writing to [email protected] within 7 days of charter completion.

We aim to resolve all complaints within 21 days. If resolution cannot be reached, disputes will be settled under Malaysian law in the courts of Kedah, Malaysia.

13. Privacy

Your personal information is handled in accordance with our Privacy Policy and the Personal Data Protection Act 2010 of Malaysia.

14. Changes to Terms

We may update these Terms and Conditions periodically. Changes will be posted on our website with the updated effective date. Bookings made after changes take effect are subject to the new terms.