Terms and Conditions

Sailing NAUTINESS Co., Ltd.

Tax-ID & Company Reg.-no.: 0845553005402, TAT-License-no.: 34/01385

Head Office: 47/13 Moo 4, Bo Phut, Koh Samui, Surat Thani 84320, Thailand

hereinafter short called „Charterer ”

 

I.

First, it is noted that the above charter company is the owner of the sailing catamaran NAUTINESS II with 46´´ for sailing Trips & Tours in the Gulf of Thailand (ALBATROSS Marine design) and keep also all necessary licenses and insurances by the Thai law for the purpose of carrying out a charter business.

The customer acquires the right to use a binding set time per booking under the charter agreement. Day-Trips (Sunset Trip – 3 1/2, Half Day Trip – 5 1/2, Day Trip – 8 1/2 & Long distance full day trip – 10 hours out in the sea) as well as over night Tours (Cabin bookings & Entire Yacht private, skippered & crewed or Bareboat Owner Represented) and special Tours like Sailing & Diving Safaris up to 7 days / 6 nights.

 

II.

The Charterer agrees to provide the customer and their fellow travelers (total max. 6 guests for entire yacht, skippered & crewed bookings), the contractual sailing catamaran, led by a knowledgeable local skipper for a written set of time to hold a sailing trip to provide.

Before applying the planned time of use, a declaration or a posting is necessary directly to: office@nautiness-sailing.com.

The customer acknowledges that the reservation (confirmation = entry in the availability schedule of the charter company – marked “BOOKED” – has only to pay a deposit equal to 50 % validity, and the final payment at the latest at boarding in advance of travel.

For the period of use to the customer the contractual sailboat is made exclusively available, with the number of beds max. 6 people in 3 double cabins is provided. Only in special requests and with special agreements, more than 6 guests will be accepted. The selection of participants for the guaranteed service is left to the customer. The customer, however, is responsible for the seaworthiness and physical fitness of the participants, in particular the fact that they suffer under any contagious diseases.

A documentary concerning the contractual ship and description of amenities, this yacht charter agreement attached and forms an integral part of this supplement to this agreement.

Additional equipment on board is explicitly provided (for example: Snorkeling equipment and Fishing gear) at your own risk and after consultation with the responsible skipper, as well as the use of the so-called Dinghy.

The Sailing NAUTINESS package for overnight tours (Skippered & Crewed) includes: Safety instructions on board of the NAUTINESS II and also in case of overnight tours for the Dinghy + Outboard engines. Bed-linen, bedding and final cleaning. Ship-charters, Captain, cook and crew. Food & beverage and accumulating fuel-costs (Outboard engine, main-engines & generator), as well as towels, transfers from / to the airport or any Resort, Hotel or Villa on Koh Samui. Further included: National-park-fees for the Angthong National Marine Park. Snorkeling Equipment in different sizes. Fishing equipment. Life jackets. The shelter of all foods and beverage together with transportation and storage, as well as staff expenditures, is also a part of our unique and extensive package of course, that doesn’t leave any wishes open. We start those tours with VIP-bus pick-up at 09:00 on the first day and will return at approx. 18:00 on the last day.

The Team of Sailing Nautiness Co., Ltd. also offers a special relaxed Bareboat (Owner Rep.) system since the end of 2014. The following are INCLUDED, in addition to Tips & Tricks, in BAREBOAT CHARTER: After 13:00, feel free to bring your luggage to us, and you have time to go shopping. At 16:00 NAUTINESS II is ready for boarding. Return of the boat on the last day of the cruise is required no later than 9:00. At the handover of the boat the water tanks (2 x 1,200 liters) and the Dinghy engine, both will be filled. You do not need to refill the fuel used for main engines and power generation; we charge a simple flat rate of THB 1,000 per day – because refueling diesel and/or water is not everywhere possible in the area around Ko Samui. The final cleaning takes over the entire Sailing Team of NAUTINESS assuming our customers follow good seamanship basics.

  • This Boat charter system is developed for a Maximum of 8 guests in 4 Double Cabins for overnight tours (this number includes your personal Guest Skipper, if you bring one – if not you can choose our live-aboard system).
  • Also included: Liability and Boat insurance – no security deposit required!
  • A local and responsible captain of SAILING NAUTINESS Co., Ltd. is always on board – ready to help.
  • Offer includes use of Dinghy with outboard engine, bed linens & all mooring costs.

The sailing trips in the Gulf of Thailand carried out mainly starting from the Location of Koh Samui. The exact form of the cruise will be determined on site by the customer or subscriber with the skipper. Basically, in addition to the following destinations: Thailand – islands in the archipelago around Koh Samui, Koh Phangan, Koh Taen, Koh Madsum, Koh Tao, Ko Nang Yuan, Entire Ang Thong National Marine Park.

In the case of objective impossibility of performance because, for example, unexpected repairs have become necessary at times NAUTINESS II catamaran they are entitled and obliged to either offer alternative dates, or to provide for the replacement of an adequate local knowledge, including boat skipper concern. In the event that can be provided by the charter company provides no replacement or alternative dates, the customer has purchased the right to pro rata refund of the license fee paid to the unusual time of use.

In the event that the customer booked him use the time does not claim or otherwise fails to accept delivery, there is no reimbursement claim or entitled to compensation. This also refers to the deposit paid.

 

III.

The customer agrees to pay an agreed amount depending on time of use, in accordance with package booked to the account of Sailing NAUTINESS Co., Ltd., in THB at the KRUNG THAI BANK, Account-no. 474-0-11331-7 or with PayPal (NO BANK FEES for international PayPal payments, if Sailing Nautiness send a PayPal money request to the E-mail address of the booking guest!) You also can use a credit card with the PayPal money request system. The final PayPal fee will be mentioned as a Discount in the Tax-Invoice/RECEIPT we will send to you with E-Mail when the payment arrived in our account.

Participating in less than 6 persons for overnight tours (Package: Entire yacht private, skippered & crewed) a graduated reduction is granted as follows: 1-2 pers. – 15 %, 3 – 4 pers. – 10 %, 5 guests: – 5 % as well as Early booking discounts for all different kind of overnight tours (Cabin booking, Entire Yacht Private, SN-Bareboat Owner Rep.): Until 9 months before the Tour starts – 15 %, to 8 months – 10 %, to 6 mo. – 5 %.

 

IV. Cancellation-conditions

1.) TERMS of PAYMENT and CANCELLATION/ Overnight live-aboard tour:

After you´ve received the invoice from us, you get 2 days status “RESERVED” to have enough time for deposit payment – choose your …

Payment – Alternative A: Your booking is valid (Status „BOOKED“) after transfer 30 % of charter-price and the rest (70%) 2 months before the sailing tour starts (Status „CAREFREE“) to one of our bank-accounts below.

Cancellation-costs of booking until 2 months before the Tour-commencement … 30 %. If Cancellation is made less than 2 months before Tour-commencement 100 %!

Payment – Alternative B: Your booking is valid (Status „BOOKED“) after transfer 50 % of charter-price and the rest (50%) latest at boarding, before the sailing tour starts (Status „CAREFREE“) to one of our bank-accounts below or in cash directly to our captain on board of NAUTINESS II.

Cancellation-costs of booking until 2 months before the Tour-commencement … 50 %. If Cancellation is made less than 2 months before Tour-commencement 100 %!

If Sailing NAUTINESS cancel Tour – a full refund after deduction of proven bank charges will be issued! Your Booking-Status is continuously present in our Nautiness online calendar! We recommend that you take out Travel cancellation insurance!

2.) TERMS of PAYMENT and CANCELLATION / Day Trip:

After you´ve received the invoice from us, you get 2 bank days status “RESERVED” to have enough time for deposit payment.

Your booking is valid (Status „BOOKED“) after transfer 50 % of charter-price and the rest at the latest BEFORE boarding (Status „CAREFREE“) to one of our bank-accounts below (in this case please send us your pay-slip with E-Mail) or cash directly at boarding to our captain on board of NAUTINESS II. Your Booking-Status is continuously present in our Nautiness availability schedule.

On cancellation of your booking up to 2 months before the trip/tour, a cancellation fee of 50% will be charged. Should the booking be cancelled less than 2 months before the trip/tour, a cancellation fee of 100% will be applied. We recommend that you take out a travel cancellation insurance.

Depending on the weather conditions the operator reserves the right to change the itinerary or postpone to another suggested date. If none of these options are suitable for you, we will issue a full refund – SAFETY FIRST!

 

V. Firm adhesion of the charterer

  1. The liability of the Charterer is excluded for property damage, except that the charter company, or if necessary one can be accused by the owner or the beneficial owner of the charter approved company, or its agents, deliberately or through gross negligence. All other liability is limited in amount to twice the usage time of a corresponding cost.
  2. Noted that the objective is sailing catamaran fully comprehensive and third party liability insurance covers. This does not, however, are deliberate or the grossly negligent actions of customers.
  3. It is expressly stated further that it is the present contractual relationship is not a contract of carriage, but the participants each treated as a sailing crew and not passengers.
  4. It is stated further that the company provided by the Charterer with skipper with the knowledge of the sailing area because of its role in external affairs is responsible for the ship and the crew and is therefore entitled to instructions of the crew members.
  5. The charter company or authorized by the charter company authorized users refinements not for a total loss of the vessel by destruction, destruction, economic total loss or irreparable damage. In such a case, the rules of the impossibility of performance in accordance with section II contract in force.
  6. The customer and his fellow passengers on its behalf to take favorable note that the cost of arrival and departure, as provided for shore excursions as well as the booking and organization in this context that they themselves do this.
  7. NOTE: The charter company is on all additional services such as diving with scuba diving instructor who guided land tours, collaborations with local fishing companies, or for more active land stays, only AGENTS.

VI. General

The closed Yacht Charter Treaty is subject regardless of the contractual berth sailing yacht in a material respect to Austrian law, in formal terms but Thai law. The venue for all disputes arising under this contract is agreed Bangkok.

Terms & Conditions updated on October 29, 2014