Terms of Sales
All care and attention is paid to the accuracy of content in our web site and all pricing, services, and cruising details are updated as soon as possible. However, while all care is taken, all rates and advertised services may be subject to change at short notice. We recommend that you contact us for any information request and/or booking request in order to check details and inform you of any current or expected changes to prices, itineraries and/or services advertised.
Prices are given by person (or “Pax”), unless otherwise stipulated. Our prices are calculated in good faith, according to rates and exchange rates known or in force at the moment of the registration. Prices become definitive only when our invoice is issued.
Still, our cruises being private, our prices are calculated exactly according to the number of participants. Should their number be reduced, the cruise would have to be recalculated according to the new number of persons and a new price per person established following our Terms of Sales, even if our invoice has already been issued.
Registration is made to Nautiness Sailing and by payment of a deposit of 50% of the invoice, non-refundable. By his registration, the client agrees to these actual Terms of Sales, with which he confirms to have made himself acquainted.
Once reservations have been confirmed, we send our invoice by email attachment (Word of PDF file) or by fax. Please note that no payment should be done before we have confirmed your reservation and sent our invoice.
We ask a deposit of 50% of the total amount, non-refundable, on the reception of the invoice, the rest of the payable amount has to be paid 45 days before the start of the cruise.
In case of late payment of the final total amount of the invoice, Nautiness Sailing can terminate the contract with the obligation for the client to pay an indemnity equal to the deposit, eventually increased by all amounts that Nautiness Sailing would not be able to be refunded by its purveyors.
Please do not make any payment until your reservation has been confirmed and you have received our invoice. In case of any payment made before reception of our invoice that would need to be refunded, costs would be at your charge.
By SWIFT TELEX transfer on our bank account in Thailand (We recommend you make the transfer in your local currency)
Sailing Nautiness Co.,Ltd
Unless otherwise specified in the program, each traveler has right to take any luggage they desire only in the case of an overnight cruise. Each traveler is responsible for his own luggage and Nautiness Sailing cannot in any case be held responsible for any loss, theft or damage caused to these luggages.
In Nautiness Sailing, we will go far and beyond to assure you have the best possible experience aboard our boat rental. Unfortunately, there are times that circumstances completely out of our control unwillingly present themselves, which very occasionally obliges us to cancel some of the day trips or week charters that have previously been booked.
Hereunder, you will find our cancellation policy for some of the different causes we can foresee taking place.
Policy of cancellation due to bad weather
Before we continue, it must be explained that meteorology is not an exact science, especially during the spring or the end of summer, so we are not able to make any final decisions until 24 hours before the start of the excursion.
In the case that the weather conditions are adverse and prevent the contracted boat excursion from going out, we will act as follows:
1.1 Alternative date
The most logical option would be to try to find an alternative date that can be enjoyed. In the case of not being able to offer an alternative date or that the clients cannot adapt their agenda to the new date, an alternative itinerary for the same day will be offered.
Even within the same day we will try to adapt the time of departure and arrival to avoid possible bad weather to the best of our ability. For example, if the forecast says that it will rain continuously from 18:00 onward and we have hired a full day excursion from 12:00 to 20:00 then we will change to a new schedule of 10:00 to 18:00.
The change of date or schedule does not imply any reduction in the rate or conditions of the contract unless the period of time of the excursion is reduced. In this case, the new rate corresponding to the new duration of the tour would be applied.
In no case will it be possible to make the decision of shortening the excursion, once it has already begun, in exchange for a reduction of price.
Once an alternative date has been chosen by customers, all the same cancellation policies will apply to the new date.
1.2 Alternative itinerary
Sometimes it may occur that the weather conditions are adverse for navigation only in a specific area of the island. At these moments the boat trip will continue on a different route than originally planned, with no possibility for customers to choose the itinerary in which the conditions are adverse.
For example, for day trips on a catamaran, we usually offer several types of routes:
Route number 1: Tour of the best beaches and coves in the North of Koh Samui (Koh Phangan, Koh Tao & Angthong Marine Park.
Route number 2: Excursion around the Koh Samui coastline & through the beaches of Koh Tan & Koh Madsum.
In the event that a group had contracted a route and it could not be held due to adverse weather conditions of wind, wave or rain, if we are not able to provide an alternative date then we would continue forward with the tour by following the other itinerary route as long as the weather conditions in this other route allow us to make the excursion with comfort and security for our customers.
In the event that customers decline this new itinerary offered due to weather conditions, they would not have the right to recover the amount paid in advance to secure the reservation.
1.3 Refunds for bad weather
In the event that the weather conditions prevent us from advancing with the trip and we can not find an alternative date, nor can we offer a comfortable and safe alternative route, we will proceed to return the total amount paid in advance. The refund will be made within 48 hours, by bank transfer, to the account indicated by the customer.
It is very important to note that if have accepted an alternative date to enjoy a day with better weather, all the same cancellation policies will apply to the new date. For example, if you change the dates due to any of the causes listed before (bad weather, overbooking, upgrade), you can only cancel the new date and get a refund if it complies with our cancellation policies.
1.3.1 Refunds or partial refunds for any other reason
We try our hardest to get as close to perfection as possible but, as we all know, nobody is perfect! Very seldom, a customer may find a detail onboard that is not as we planned: an area that may not be cleaned as thoroughly as expected, a break down of some sort, amenities promised and not presented, a changed or shortened itinerary, etc.
Please DO NOT WAIT UNTIL YOU HAVE RETURNED HOME to write us an email with your complaints. PLEASE CONTACT OUR STAFF WHILE YOU ARE STILL ON BOARD SO THAT WE HAVE TIME TO FIX THE PROBLEM AND MAKE IT UP TO YOU ?
If you feel the boat is not cleaned properly, we will immediately send our cleaning crew to take care of that for you. If you feel the boat is slow, we will speak to the captain and see the reason behind it and if there is any possibility of speeding up. If you feel your experience is below your expectations, for any reason at all, PLEASE CALL US ASAP WHILE YOU ARE ONBOARD!
Please note that we have a strong policy against refunds or partial refunds if we receive the notification AFTER the boat trip has ended and it is no longer possible to resolve the issue for you.
1.4 What would we consider adverse weather conditions?
Adverse weather conditions are those that either prevent the boat from leaving its base or that avert the boat trip from being carried out with full guarantees of safety and comfort for our customers. What we want is for you to spend an unforgettable day on board, but unforgettable “for good” not “for bad”.
Examples of adverse weather conditions
Forecast of strong waves, with a wave height of more than 1.5 meters, in the area where the boat trip takes place.
Strong wind forecast with speeds exceeding 25 knots.
Prediction of intense rain for a period of time exceeding 20% of the total duration of the excursion.
Examples of weather conditions that are NOT adverse to navigation
There is a forecast that shows it is cloudy or there is little sun.
There is the possibility of weak rains during a period of less than 20% of the total time for the excursion.
Customers are cold because they have not read the instructions and they have not brought warm clothes.
1.5 Above all, we will always apply common sense
Nautiness Sailing will, above all, always apply common sense. In no case will we force the continuance of the excursion on a day in which our clients are not going to enjoy our boat and our island to the maximum, showing the greatest flexibility possible in itineraries, schedules and meeting points.
Policy of cancellation by the client
In the event that the client, due to any circumstances, including unexpected and uncontrollable situations, could not carry on with the contracted excursion, or the rental, the client would lose a part or the total amount paid depending on the following:
Notifying us of such event more than 6 months prior to the date of the charter: 100% refund of the amount paid delivered minus the service charge (advertising, bank fees for payment and refund, time of blockade of the ship, etc), which is 30% of the total of the booking. For example, if an amount of 50,000 THB is paid to reserve a boat with a total price of 100,000 THB, and a cancellation is made with a notification of more than 6 months, the total amount of the amount paid (50,000 THB) minus 30% of the total value of the booking will be refunded. (30% of 100,000 = 30.000 THB). Total refund 20,000 THB.
Notifying us of such event between 6 months and 30 days prior to the date of the charter: Loss of 100% of the amount paid, even if the amount paid is 100% of the total price.
Notifying us of such event less than 30 days prior to the date of the charter: The client will be obliged to pay 100% of the total value of the rental fee even if the client does not take part in the boat trip.
In the event that the client has a specific contracted time slot and for any reason wants to enjoy less time than originally contracted, the client will not be entitled to any refund or reduction of the rental rate. You must pay 100% of the reserved catamaran, even if you do not use it unless you advise of this reduction within 30 days prior to the boarding date.
Policy of cancellation by Nautiness Sailing
Our company manages a catamaran at Koh Samui. The boat in management belongs to us. Sometimes the reservation management is not exclusive, as we work with several agencies.
Therefore, in the case of a cross-booking, our company will act with a “first-paid, first-served” policy and the customers will be served as is and the other planned bookings will be cancelled or postponed. It is very rare, but sometimes it has happened, that the boat had a technical problem and could not be available for the contracted period. In this case, or in any other case in which the boat is not available for the contracted period, Nautiness Sailing would proceed to cancel the contract with a refund of the entire amount received up to that moment, without the lessee or the other passengers being compensated for any cancellation, reimbursement of airline tickets, etc.
Any claim or refund request for non rending of services should be sent by registered letter to Nautiness Sailing within 30 days of the end of the trip together with all relevant papers.
Nautiness Sailing is licensed by the Tourism Authority of Thailand (TAT).
Nautiness Sailing cannot be held responsible for events due to circumstances outside one’s control, such as accidents, strikes, wars, bad atmospheric conditions, etc.
Nautiness Sailing reserves the right to let execute part or the totality of the services by any firms to which she would judge to substitute herself, without referring to the client who gives full power to Nautiness Sailing, to act in his name.
If one of the clients, by his attitude or fault, makes the good realization of the cruise contract difficult, or even impossible, he can be excluded from the rest of the tour. All costs will be to his charge and he will not have any right to refund.
Nautiness Sailing does not imply itself in the clients’ private lives, nor is responsible for their actions and consequences of these actions.
Nautiness Sailing does not accept any liability whatsoever related to any loss, financial or otherwise, or inconvenience resulting from the use of information contained in our web site and/or subsequently reproduced elsewhere.
Koh Samui’s Courts of Justice are sole competent for any contestation or suit.
Some information and photographs included on our web site are COPYRIGHT to our company, Nautiness Sailing. It is an infringement of copyright to reproduce any such material, in whole or in part, without the specific permission of the copyright holders.
Nautiness Sailing, who holds explicit or implied copyright in material displayed in this web site DO NOT give permission for such material to be reproduced elsewhere in any other form. However, should any reasonable request for reproductive use be made to our company management, every effort will be made to arrange for specific-use reproductive rights where suitable attribution recognition is provided and the intended use will assist in promoting our company.
Sailing Nautiness Co., Ltd
30/5, Moo 4 Bang Rak Road – 84320 Koh Samui Thailand
Company under Thai law
Licence TAT nr: 44/00203