Terms of service

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 other electronic communication to the Booking Party.

The Booking Party is responsible for reading and understanding these Terms before making payment and participating in any activity.

The Booking Party shall be required to:

(a) make the required full or partial payment; and

(b) reply “I AGREE” through WhatsApp or other electronic communication.

Completion of payment together with the electronic acknowledgment “I AGREE” shall constitute:

(a) acknowledgment of having read these Terms;

(b) acknowledgment of having understood these Terms;

(d) agreement to be legally bound by these Terms.

The Booking Party acknowledges that the electronic acknowledgment “I AGREE”, together with the payment record, invoice, booking confirmation, WhatsApp messages, screenshots, and other electronic communications, may be used as evidence of the Booking Party’s acceptance of these Terms.

No booking shall be deemed confirmed until the required payment has been received and the Booking Party has provided the required “I AGREE” acknowledgment, unless TY expressly confirms otherwise in writing.

Where the Booking Party makes payment but fails to provide the required “I AGREE” acknowledgment, TY may request the Booking Party to complete the acknowledgment before confirming the booking.

Payment and the “I AGREE” acknowledgment are both required for booking confirmation.

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. PROMOTIONAL UPGRADE – MUTUAL BENEFIT PROMOTION

Certain bookings may be eligible for a complimentary yacht upgrade under THE YACHT’s “Mutual Benefit” Promotion (“Promotional Upgrade”).

The Promotional Upgrade is a conditional promotional benefit and is not an unconditional gift, entitlement, or guaranteed benefit.

6.1 PROMOTIONAL REQUIREMENTS – ALL PARTICIPANTS

To retain the Promotional Upgrade, every passenger and participant of the relevant booking must complete all of the promotional requirements stated below.

For the purpose of this promotion, “all passengers and participants” means every person listed on the passenger list and/or every person who participates in, attends, boards, joins, or is involved in the relevant yacht booking or activity.

Each passenger and participant must:

(a) Google Review

Leave a genuine Google review for THE YACHT based on their actual experience of the yacht trip.

(b) Social Media Post

Publish a public and permanent social media post sharing their genuine experience of the yacht trip.

The social media platform shall be selected according to the following priority:

Xiaohongshu (XHS / RED) – first priority;

If the participant does not have a Xiaohongshu account, Facebook or Instagram (FB / IG) may be used;

If the participant does not have Xiaohongshu, Facebook, or Instagram, TikTok (TK) may be used.

The required social media content must be published as a public and permanent post.

Instagram Stories, Facebook Stories, WhatsApp Status, temporary posts, disappearing content, private posts, close-friends-only content, or any other content that is not publicly and permanently accessible shall NOT be considered as fulfilment of this promotional requirement.

Where applicable, the social media post must tag THE YACHT’s official social media account @theyacht.my.

(d) Screenshot / Proof of Completion

Each passenger and participant must provide screenshots or other reasonable proof of completion to THE YACHT through the company’s designated WhatsApp or other communication channel.

The proof must clearly show the relevant social media post, tag, and Google review, where applicable.

6.2 COMPLETION PERIOD

All promotional requirements must be completed within seven (7) calendar days from the date of completion of the yacht trip.

All required screenshots or other proof of completion must also be submitted to THE YACHT within the same seven (7) day period.

Failure to complete the requirements within the stated period shall be treated as failure to fulfil the conditions of the Promotional Upgrade.

6.3 FAILURE TO FULFIL PROMOTIONAL REQUIREMENTS

If any passenger or participant fails to complete any of the required promotional activities, including but not limited to:

(a) failing to leave the required Google review;

(b) failing to publish the required social media post;

(d) publishing only a Story, Status, temporary, disappearing, private, or otherwise non-qualifying post;

(e) failing to tag @theyacht.my where applicable;

(f) deleting, hiding, restricting access to, or otherwise removing the required post or review;

(g) failing to provide the required screenshot or proof of completion; or

(h) failing to complete the requirements within seven (7) calendar days;

the booking shall be deemed to have failed to fulfil the conditions of the Mutual Benefit Promotion.

In such circumstances, THE YACHT reserves the right to withdraw the complimentary Promotional Upgrade granted to the booking.

Upon withdrawal of the Promotional Upgrade, THE YACHT reserves the right to charge the Booking Party the applicable standard retail price of the upgraded yacht/service, or the applicable upgrade price difference, based on the applicable published price or quotation provided for the booking.

Any amount arising from the withdrawal of the Promotional Upgrade shall become payable by the Booking Party upon notification by THE YACHT.

6.4 NO PARTIAL COMPLIANCE

Completion by only some passengers or participants shall not constitute full compliance with the Mutual Benefit Promotion.

The Promotional Upgrade shall only be retained where all passengers and participants have completed the required promotional activities within the specified seven (7) day period, unless THE YACHT expressly agrees otherwise in writing.

6.5 GENUINE CONTENT AND REVIEWS

All social media content and Google reviews submitted under this promotion must be genuine and based on the participant’s actual experience.

THE YACHT does not require or permit any participant to submit false, fabricated, misleading, fraudulent, or dishonest content or reviews.

6.6 ACKNOWLEDGMENT OF CONDITIONAL BENEFIT

By accepting and participating in the Mutual Benefit Promotion, the Booking Party acknowledges and agrees that:

(a) the Promotional Upgrade is provided subject to the full fulfilment of the promotional requirements;

(b) all passengers and participants are required to fulfil the stated promotional requirements;

(d) failure to fulfil the promotional requirements may result in the Promotional Upgrade being withdrawn; and

(e) upon withdrawal of the Promotional Upgrade, the Booking Party may be required to pay the applicable standard retail price of the upgraded yacht/service or the applicable upgrade price difference.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

11A. JET SKI ACTIVITY – OPERATOR AND RISK ALLOCATION

For any Jet Ski activity arranged, booked, or facilitated through TY, the Booking Party and all participating persons acknowledge and agree that:

(a) THE YACHT TOURS & TRAVEL SDN. BHD. (“TY”) acts solely as a booking, marketing, payment collection, and coordination agent for the Jet Ski activity;

(b) the Jet Ski activity is operated and provided by GH WATERSPORT ENTERPRISE (“Operator”) or such other third-party activity provider as may be specified in the relevant booking;

(c) TY is not the owner, operator, rider instructor, safety supervisor, or controller of the Jet Ski or the Jet Ski activity;

(d) all operational matters, including Jet Ski operation, safety instructions, equipment condition, rider assessment, activity supervision, sea conditions, route, timing, and operational decisions, shall remain solely under the responsibility and control of the Operator;

(e) TY shall not be responsible or liable for any accident, injury, death, loss, damage, delay, cancellation, equipment failure, sea condition, operational incident, or other loss or incident arising from or in connection with the Jet Ski activity, except to the extent directly caused by TY’s own wilful misconduct or liability which cannot lawfully be excluded;

(f) all participants acknowledge that Jet Ski and marine activities involve inherent risks, including but not limited to collision, falling, drowning, bodily injury, disability, equipment failure, adverse sea or weather conditions, and death;

(g) each participant voluntarily assumes all risks associated with participation in the Jet Ski activity and agrees to comply with all instructions, safety requirements, and rules issued by the Operator;

(h) to the fullest extent permitted by law, each participant agrees not to bring any claim against TY, its directors, officers, employees, staff, agents, or representatives for matters arising from the operation or conduct of the Jet Ski activity for which TY is not legally responsible.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. ENTIRE AGREEMENT

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