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TERMS & CONDITIONS

The Yacht Tours & Travel Sdn. Bhd.

Registered Address:
13B Jalan Tun Abdul Razak (Susur 4) Johor Bahru 80100 Johor Malaysia

Hereinafter referred to as “TY”.

1. Legal Status and Role

TY acts solely as an online booking, coordination, marketing, and payment collection agent.

TY does not own, operate, manage, navigate, or control any vessel, jet ski, yacht, watercraft, or marine equipment.

TY does not conduct on-site navigation management, safety supervision, identity verification, boarding approval, or operational control.

All vessel operations, navigation control, marine activity supervision, safety management, boarding approval, and operational decisions are solely the responsibility of the actual vessel owner, operator, marina management, or activity provider.

Facilitating or arranging a booking shall not be construed as TY assuming any maritime, navigational, operational, supervisory, or safety responsibility whatsoever.

2. Contract Formation and Acceptance Mechanism

TY will send the invoice and the full text of these Terms and/or an electronic link to these Terms via WhatsApp or electronic communication to the Booking Party.

The Booking Party has the responsibility to read these Terms before making payment.

Completion of full or partial payment by the Booking Party shall constitute:

(a) acknowledgment of having read these Terms;

(b) acknowledgment of having understood these Terms;

Regardless of whether separate written confirmation is provided, payment itself constitutes legally binding acceptance.

Electronic communication records, invoices, screenshots, payment records, booking confirmations, and digital correspondence shall constitute valid contractual evidence.

No booking shall be deemed confirmed until payment is received and acknowledged by TY.

3. Representative Authority and Joint Liability

The Booking Party represents and warrants that he/she has obtained full authority and consent from all accompanying passengers, riders, guests, or participants to accept these Terms on their behalf.

All accompanying persons shall be deemed legally bound by these Terms regardless of whether they individually sign any document.

The Booking Party may sign unified acknowledgment, waiver, or registration documents on behalf of all guests where applicable.

The Booking Party shall remain jointly and severally liable for the conduct, negligence, misconduct, damage, losses, injuries, or violations caused by any accompanying passenger or guest.

3A. Non-Paying Participants and Complimentary Guests

Any individual who participates in, attends, joins, appears in, boards, rides, or is involved in any activity, event, filming session, promotional shoot, media production, influencer collaboration, sponsored event, complimentary invitation, free participation arrangement, or non-paid attendance arranged directly or indirectly through TY shall also be deemed bound by these Terms and Conditions.

Participation in any activity, whether paid or unpaid, shall constitute:

(a) acknowledgment of having read these Terms;

(b) acknowledgment of having understood these Terms;

(d) voluntary assumption of all risks associated with the activity.

For the avoidance of doubt, all complimentary guests, invited participants, influencers, media personnel, models, photographers, videographers, content creators, sponsors, collaborators, or non-paying attendees shall be treated as “Passengers” or “Participants” under these Terms and shall assume the same responsibilities, waivers, limitations of liability, indemnities, and risk assumptions applicable to paying customers.

TY shall owe no greater duty, responsibility, supervision obligation, operational liability, or insurance obligation toward any non-paying participant than toward paying customers.

4. Passenger List and Legal Acknowledgment

The complete passenger list must be submitted no later than one (1) day prior to departure or activity commencement.

The list shall include:

Full Name
IC / Passport Number
Nationality

The purpose of collecting passenger information includes but is not limited to:

(a) binding all passengers under these Terms;

(b) confirming assumption of risk and allocation of legal responsibility;

TY does not independently verify the authenticity, legality, or accuracy of passenger information.

Identity verification and boarding approval remain solely the responsibility of the actual operator, vessel owner, or marina management.

If false, incomplete, misleading, or undeclared passenger information is provided:

(a) the Booking Party shall bear full legal responsibility;

(b) any fines, penalties, claims, losses, liabilities, or third-party actions shall be borne entirely by the Booking Party;

5. Strict No-Refund Policy

All bookings are strictly non-cancellable and non-refundable.

Each booking is entitled to one (1) rescheduling request only.

Rescheduling requests must be made at least twenty-four (24) hours in advance and remain subject to availability, weather conditions, marina allocation, operator approval, and operational feasibility.

Any increase in fuel cost, marina fee, government fee, surcharge, or operational cost shall be borne by the Customer.

Catering fees, third-party vendor fees, processing fees, and TY’s commission are strictly non-refundable.

Failure to attend, late arrival, denial of boarding, passenger misconduct, intoxication, incomplete documentation, or violation of operational rules shall not entitle the Customer to any refund.

6. Agency Commission and Limitation of Liability

TY’s commission constitutes an agency, coordination, booking, and payment processing fee and becomes fully earned and non-refundable once payment is made.

To the maximum extent permitted by law, TY’s total aggregate liability arising from any booking, activity, incident, claim, or dispute shall not exceed the actual commission amount received by TY.

The Customer expressly waives any claim exceeding the commission amount received by TY.

TY shall not be liable for:

injury;
death;
delay;
cancellation;
weather conditions;
operational failure;
vessel defects;
marina issues;
navigation incidents;
passenger misconduct;
operator negligence;
maritime accidents;
third-party conduct;
force majeure events;
loss of enjoyment;
indirect or consequential damages.

7. Captain’s and Operator’s Authority

The captain, operator, marina authority, or actual activity provider shall have final authority over all operational, navigational, boarding, and safety decisions.

The captain or operator may delay, alter, suspend, shorten, deny boarding, or terminate the activity for safety or operational reasons.

Termination due to passenger misconduct, intoxication, unsafe behavior, violation of law, or non-compliance with instructions shall result in no refund.

Once the vessel departs the marina or the activity commences, the booking shall be deemed substantially fulfilled.

8. Force Majeure

TY shall not be liable for any delay, cancellation, rescheduling, suspension, or operational interruption caused by events beyond its reasonable control including but not limited to:

severe weather;
rough sea conditions;
natural disasters;
government restrictions;
maritime authority orders;
pandemic;
war;
fuel shortage;
labor disputes;
mechanical breakdown;
operator non-performance;
marina restrictions;
Acts of God.

TY may, at its discretion, attempt to coordinate rescheduling where commercially reasonable.

9. Assumption of Risk

Marine and water sport activities involve inherent and unavoidable risks.

All passengers voluntarily assume all such risks including but not limited to:

bodily injury;
disability;
drowning;
collision;
marine hazards;
weather hazards;
equipment failure;
negligence;
death;
property loss.

To the fullest extent permitted by law, TY shall not be liable for any injury, death, property loss, emotional distress, or consequential damage arising from participation in any activity.

10. Collision and Maritime Incidents

All liability arising from vessel collision, jet ski collision, maritime incidents, navigation accidents, or operational accidents shall rest solely with the legally responsible operational party.

TY shall bear no responsibility for navigational or operational matters.

11. Damage and Indemnity

The Booking Party shall remain the primary responsible party for the booking and all accompanying passengers.

The Booking Party agrees to fully indemnify, defend, and hold harmless TY against all claims, actions, liabilities, damages, penalties, losses, legal fees, and expenses arising from:

passenger conduct;
negligence;
misconduct;
property damage;
personal injury;
breach of law;
breach of these Terms.

12. Personal Data (PDPA)

The Customer consents to TY collecting, processing, storing, and disclosing personal data for booking, operational, legal, safety, marketing, and coordination purposes.

TY may disclose such information to operators, marina management, authorities, insurers, contractors, or governmental agencies where necessary.

13. Insurance Disclaimer

TY is not the vessel owner or operator and does not provide insurance coverage for vessels, jet skis, marine activities, passengers, medical treatment, accidents, personal belongings, or property damage.

Any insurance arrangement maintained by the operator or vessel owner shall remain solely their responsibility.

Customers are advised to independently assess risks and obtain their own insurance coverage where necessary.

14. Marina Delays

Delays arising from marina allocation, berth limitation, maritime traffic control, customs clearance, immigration, operator scheduling, or harbor authority requirements shall not constitute breach by TY.

15. Payment Disputes and Chargebacks

Customers shall not initiate unjustified payment disputes, reversals, or chargebacks.

Any resulting bank charges, administrative costs, legal fees, recovery costs, or dispute handling fees shall be borne entirely by the Customer.

16. Image and Media Usage

Crew members, operators, photographers, media personnel, or TY representatives may take photographs or videos during the activity.

The Booking Party, on behalf of all passengers, consents to TY using such media for social media, advertising, websites, promotional campaigns, and marketing purposes.

TY shall not intentionally use such media in any unlawful, defamatory, misleading, or malicious manner.

Any objection to photography or recording must be notified in writing before departure.

TY does not guarantee exclusion from group photographs or public-event recordings.

17. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions, communications, representations, understandings, or arrangements.