Important notice

Terms & Conditions

Please choose the terms for your course or charter and read them before booking.

Contract information

Please read these terms before booking

These terms form part of the contract between Phuket Sea School and the person making the booking and, where different, each participant attending the course.

Download Terms & Conditions PDF

Scope, booking and contract

These Terms & Conditions apply to RYA courses, other training, tuition, assessments and related services supplied by Phuket Sea School, operated by Cruise Andaman Co., Ltd. They form part of the contract between the School and the person making the booking and, where different, the participant attending the course.

A course booking becomes binding when the required payment has been received and Phuket Sea School has issued written confirmation. Until then, an enquiry or saved booking form does not reserve a place.
A 50% non-refundable deposit is required to confirm a place when the deposit option is available.
The remaining 50% balance is due 60 days before the course start date. For bookings made within 60 days, the full course fee is payable at booking.
If the balance is not received by the due date, Phuket Sea School may treat the booking as cancelled and release the place.
The person making a group booking must ensure that every participant receives these Terms and provides the information required by the School.
Course places are subject to the participant meeting the applicable minimum age, RYA prerequisites, previous experience where required, and reasonable health, fitness and safety considerations.
The confirmed CourseRun or written booking confirmation states the applicable start date, boarding time, course duration, checkout time, location and included accommodation. Published timings may be adjusted where reasonably necessary for safety, weather, instruction or operations.
Course-specific written terms, an accepted quotation, invoice and promotion terms supplement these Terms. If they conflict only on the stated price, dates, payment schedule, inclusions or third-party arrangements, the more specific later written confirmation applies. These general Terms continue to apply in every other respect.

Gift vouchers

Phuket Sea School gift vouchers may be purchased in the supported currency and value shown at checkout. Payment creates a separate gift voucher purchase and does not reserve a course date, yacht, instructor or place on a course.

Gift vouchers have no expiry date.
Gift vouchers are transferable but are not refundable or exchangeable for cash.
A voucher must be redeemed in full in one transaction. It may be used as a contribution toward a higher-value eligible course, sailing experience or service, with the difference paid separately.
The recipient must contact Phuket Sea School and quote the valid voucher code. Courses, yachts and dates remain subject to availability and any applicable prerequisites.
The purchaser is responsible for checking the recipient name, greeting, selected experience and whether the monetary value should appear before proceeding to payment.

Customer cancellation and transfers

90 days or more before the course: 50% of the course fee is refundable; the 50% deposit is retained. A date transfer may also be agreed, subject to availability. Participant substitution is permitted.
60–89 days before the course: all sums already paid are non-refundable. At Phuket Sea School’s discretion, one transfer to another available course date may be permitted. Participant substitution is permitted.
0–59 days before the course: no refund and no transfer to another course date. The booking may be transferred to another participant at any time before course commencement.
After course commencement or in the case of a no-show: no refund, date transfer or participant substitution.

A replacement participant must meet the minimum age, applicable RYA prerequisites and the health and fitness conditions reasonably required for the course. They must complete the School’s booking, emergency-contact and relevant medical information before joining.

Date transfers

A date transfer under the 60–89 day cancellation provision is not an automatic entitlement. It is subject to Phuket Sea School’s discretion, course availability, instructor and vessel availability, and the suitability of the alternative course for the participant.

Any difference in the price of the replacement course is payable by the participant.
Unless Phuket Sea School agrees otherwise in writing, a booking that has already been transferred to another date may not be transferred again.
A participant who cannot attend a transferred course may still nominate a replacement participant before that course commences, provided the replacement satisfies the applicable requirements.

Changes or cancellation by Phuket Sea School

The School may change the instructor, training vessel, training area, route, itinerary, timings, exercises or daily programme where reasonably necessary for safety, weather, operational, regulatory or instructional reasons.
If the normal training vessel is unavailable, Phuket Sea School may use another suitably equipped, commercially insured and appropriately approved training vessel.
If the School cancels the entire course and cannot provide a reasonable alternative, the participant may choose a transfer to another available course or a refund of course fees paid to Phuket Sea School.
The School is not responsible for consequential flight, hotel, visa, transport, accommodation or other costs. Participants are strongly advised to hold suitable travel and cancellation insurance.

Weather, routes, sea time and skipper authority

Sailing, motor cruising and powerboat training are weather dependent. The designated skipper or instructor has final authority over the vessel, safety, navigation and conduct of the training activity. The instructor may delay departure, return to port, change anchorage, modify the route, reduce or postpone an exercise, alter night sailing, or change the daily programme where conditions require.

A change caused by weather, sea state, visibility, port restrictions or safety considerations does not by itself constitute cancellation where suitable training can continue safely in another form.

Routes, destinations, ports, sea time, night hours and mileage are training objectives rather than guarantees.
Safety, weather, vessel condition, crew readiness, instructional priorities and official restrictions may prevent a planned passage or mileage objective from being completed.
Participants must follow the skipper’s lawful safety and operational instructions. A participant who seriously or repeatedly disregards those instructions may be removed from the activity without a refund.

Course prerequisites, experience and certification

Students are responsible for providing accurate information about previous practical experience, theory knowledge and qualifications.
Where an RYA course has formal prerequisites, those prerequisites must be met as applicable to the course, assessment or certification.
Payment and attendance do not guarantee an RYA certificate. Certificates are awarded only where the participant has satisfactorily demonstrated the required standard.
If a participant is booked on a course above their current level, the instructor may teach at the level appropriate to the participant and certification will reflect the standard actually achieved.
The instructor’s professional judgement on competence and certification applies within the relevant RYA course framework, subject to any applicable RYA review process.

Independent providers and Yachtmaster examinations

Where the School introduces or links to an independent online-theory provider, the provider’s own booking, payment, access, support, delivery, cancellation and refund terms apply to that service unless Phuket Sea School expressly confirms otherwise in writing.
Phuket Sea School remains responsible only for the training or services identified in its own written confirmation.
A Yachtmaster preparation course is training for an independently assessed examination and does not guarantee examination readiness, a pass or certification.
The examination fee and any examiner travel, accommodation, subsistence or other logistics are separate unless the written quotation expressly includes them.
Non-recoverable third-party examination costs committed with the participant’s approval may remain payable if the participant later cancels, postpones or fails to attend.

Health, fitness, swimming and medical information

Participants must disclose information relevant to safe participation, including significant medical conditions, previous injuries, allergies, medication, mobility or support needs and swimming ability where requested.
A medical condition or disability does not automatically prevent participation. Phuket Sea School will consider reasonable adjustments where safe and practicable.
Participants concerned about their fitness for a practical course should obtain appropriate medical advice before attendance.
Participants must notify the instructor of any material change in health or medication that may affect safe participation during the course.
Lifejackets, buoyancy aids, harnesses, tethers and other safety equipment must be worn and used as directed by the instructor.

Conduct, alcohol and drugs

Illegal drugs are prohibited during School activities.
A participant must not take part while impaired by alcohol, drugs or medication to a degree that makes participation unsafe.
Bullying, harassment, discriminatory behaviour, aggression, threats, abusive language and deliberate disregard of safety instructions are not accepted.
The instructor may remove a participant from an activity or course where behaviour creates an unacceptable safety or welfare risk. No refund is due where removal results from serious misconduct.

Damage, negligence and personal property

Normal wear arising from reasonable training use is not charged to students. A participant may be responsible for the reasonable cost of repair or replacement where loss or damage is reasonably shown to have resulted from deliberate conduct, reckless behaviour or negligent misuse contrary to instruction.

Participants remain responsible for their own luggage, electronics, documents and personal property. Valuable or water-sensitive items should be appropriately protected. The School should be informed promptly if School property or equipment is damaged, lost or malfunctioning.

Accommodation and life onboard

Where accommodation onboard is included, participants are expected to take a reasonable part in communal life onboard, keep shared spaces tidy and follow the instructor’s procedures for the galley, heads, water, electricity, waste and general housekeeping.

Cabins and berths may be shared as described in the joining information.
The instructor may allocate or change berths for safety, safeguarding or operational reasons.
Participants must respect the privacy, rest and personal space of others onboard.
Smoking is permitted only where specifically authorised and never below deck or where it creates a fire or safety risk.
Students must follow instructions concerning water conservation, battery and electrical use, cooking gas, waste disposal and securing equipment for sea.

Instruction on your own yacht

These Terms also apply to Own Boat Tuition. The owner, charterer or person presenting the yacht must have lawful authority to use it for the agreed training and remains responsible for the vessel and its legal operation unless a different arrangement is expressly agreed in writing.

The yacht must be seaworthy, properly maintained, registered where required and equipped for the intended area and training to the applicable legal and RYA minimum standards.
The owner must notify the insurer that professional tuition will take place and maintain suitable insurance covering the yacht, operating area, participants and instructor.
The owner must provide current vessel documents and disclose known defects, limitations or safety concerns before training begins.
Unless the written quotation states otherwise, the owner supplies fuel, berthing, consumables, food, a suitable berth for the instructor where required, and agreed instructor travel or reasonable out-of-pocket expenses.
The instructor may refuse to begin or may stop tuition if the yacht, equipment, documentation, insurance, weather or crew condition is not suitable for safe training.

International passages and official clearance

A course or Mile Builder that may enter another country remains subject to weather, vessel and crew readiness, port access, customs, immigration and other official requirements. An international destination is never guaranteed.

Each participant is responsible for carrying a valid passport and obtaining any visa, entry permission, insurance, health documentation or other personal authorisation required for the planned countries and dates.
Participants must provide accurate crew-list and clearance information by the requested deadline and follow the skipper’s instructions during official procedures.
Prohibited, restricted or undeclared goods must not be brought onboard.
Personal visa, immigration, customs, health, penalty or clearance costs are not included unless the written confirmation expressly states otherwise.

Minors and safeguarding

Anyone under 18 is subject to the Phuket Sea School Safeguarding Children & Adults at Risk Policy, parental or guardian consent and the applicable course minimum age. For residential or overnight training, Phuket Sea School will consider supervision, sleeping arrangements, cabin allocation, privacy, emergency contacts and whether a parent, guardian or other nominated responsible adult must accompany the minor before accepting the booking.

Equality and reasonable adjustments

Phuket Sea School operates an Equality, Diversity & Inclusion Policy. Participants who may require a reasonable adjustment should contact the School as early as possible so that safe and appropriate arrangements can be considered. A reasonable adjustment cannot remove an essential safety requirement or lower the required RYA assessment standard.

Personal data and photography

Personal information is handled under the Phuket Sea School Privacy & Data Protection Policy. Information necessary for course administration, safety, examinations and certification may be used or disclosed where reasonably required for those purposes.

Marketing email consent and identifiable promotional photography or video consent are separate and optional. Refusing marketing or promotional image consent does not affect participation in a course.

Insurance

Phuket Sea School will maintain insurance appropriate to its legal and commercial operations. Participants are responsible for arranging suitable personal travel, medical, accident, cancellation and personal-property insurance for their own circumstances. Participants should ensure that their insurance is appropriate for sailing, boating or other practical activities undertaken.

Force majeure

Phuket Sea School is not responsible for failure or delay caused by events beyond its reasonable control, including severe weather, natural disaster, government action, port closure, civil disturbance, epidemic, transport disruption or similar events. The School will act reasonably to adapt, reschedule or provide an alternative where practicable.

Complaints

Concerns should first be raised with the instructor where appropriate, then with Chief Instructor Stephen Miller, and then with Principal Ziyan Yan. Formal complaints are handled under the Phuket Sea School Complaints Procedure. Safeguarding or serious safety concerns should be reported immediately and do not need to follow the ordinary escalation sequence.

Governing law and general provisions

The final adopted version of these Terms should specify the applicable Thai governing law and jurisdiction following Thai legal review.
If any provision is found unenforceable, the remaining provisions continue so far as legally possible.
No variation to these Terms is binding unless agreed by Phuket Sea School in writing.
The current published version applies to new bookings and replaces earlier versions for those bookings.

Operational draft prepared for RYA recognition. Thai legal and consumer-law review is recommended before final adoption.

Related information

School policies

Cruise Asia yacht charter

Bareboat Charter Terms & Conditions

These are the terms from the supplied Cruise Asia bareboat charter agreement. For skippered, fully crewed or day charters, please confirm the applicable agreement with us before booking.

Download booking form & charter terms

Skipper competence

The Charterer hereby assures that he has the necessary expertise and experience required for the proposed yacht charter.

Cruise Asia reserves the rights to refuse delivery of the yacht to the Charterer if Cruise Asia considers the experience of the Charterer, the nominated skipper or crew, to be insufficient.

The Charterer agrees that Cruise Asia has the rights to place a qualified skipper aboard the vessel at the Charterer’s expense or to terminate the Yacht Charter Agreement without refund or compensation to the Charterer.

1. The Agreement

By signing this Agreement, you agree to these conditions which validity commences as soon as Cruise Asia has receive the complete Charter Agreement,duly signed by the Charterer, and the full deposit whereupon a booking confirmation email will be issued.

Notification of discrepancies should be made in written immediately.

The Charterer must be over the age of 18 years and confirm that he/she and/or the crew members are capable and competent to sail the yacht in the cruising area of the yacht. Please note embarkations/disembarkations will be between 1400 and 1000. Where we can allow earlier or later for embarkation/disembarkation we will assist as best we can however on turnaround days embarkation will be 1400 and disembarkation will be 1000. We will notify you of this one month before the charter or as soon as the booking is made if it is less then one month to the charter. Please note this can be changed due to bookings or cancellations at late notice.

2. Payment

A deposit of 50% of the charter fee will be required at the time of booking as confirmation. The charter fee shall not be subject to change once the deposit has been received by Cruise Asia.

The rest 50% of charter fee is due 8 weeks prior to charter commence date. If the balance is not received by the due date, Cruise Asia reserve the right to cancel the charter booking and retaining the deposit to levy any cancellation charges.

All payments received by Cruise Asia must be the exactly according to the invoiced amount and Cruise Asia is not responsible for any bank charges or fees (Thailand bank usually charges 0.3-0.35% as transaction fee).

Bookings made within the 8 weeks period prior to the charter commence date must be paid in full at the time of booking confirmation.

The Charterer is responsible for additional running expenses that are not included into the charter package and are occurring during the charter, such as food and beverages, fuel and water, pilotage, mooring/docking fees and port charges, cruising taxes and customs etc..

Any charter fees paid for the charter booking (including any deposit) will be held by Cruise Asiain a separate account bonded against the risk of financial failure of Cruise Asia until the start date or earlier cancellation of the charter whereupon the charter fees will be released against the booking in accordance with the cancellation clause of this agreement.

3. Formalities

Once the following formalities have been completed the charterer is in possession of the yacht and onboard facilities’ temporary usage, for the agreed dates.

1. Full payment of the confirmed charter according to above-mentioned payment terms;

2. Submission of Sailing Certificate and Sailing Resume – at the time of booking confirmation;

3. Submission of detailed Crew List (First and last name, Date of birth, Nationality, Passport number) and arrival details, no later than 2 weeks prior to charter;

4. Refundable Security Deposit is received at the Base upon embarkation.

4. Obligations of Cruise Asia

Cruise Asia is the local charter base operator of the charter yacht, and exclusively represents the yacht owner in charter management business.

Delivery of the Yacht

Cruise Asia shall deliver the chartered yacht to the Charterer at the start of the agreed charter period in a clean and seaworthy condition, with full tanks of water, fuel and gas. Should the specified yacht not be available to serve the charter purpose at the commence date of the charter, Cruise Asia reserves the right to substitute with a similar yacht.

In the event of the substitute yacht being cheaper or smaller than the chartered yacht, Cruise Asia shalerefund the price difference. The Charterer shall be entitled to a pro-rata portion refund of the charter fees covering periods of delay in delivery of the Yacht, or alternatively hotel accommodation may be arranged and paid for by Cruise Asia whilst the yacht is delayed in ( deliver choice of hotel is at discretion of Cruise Asia).

Should Cruise Asia be unable to deliver the chartered yacht or a similar yacht after 72 hours from the commencement of the charter period, the Charterer is then entitled to cancel this agreement, this cancellation being in writing to Cruise Asia. In this event, immediate refund of the full charter fee is payable and there will be no further rights or claims for compensation towards there will be no further rights or claims for compensation towards Cruise Asia.

Handover of the Yacht to the Charterer

Cruise Asia and the Charterer must take part in a thorough handover of the yacht, without time constraints, to enable the Charterer to familiarize him/ herself with all the technical apparatus, to check that all standard equipment is in place, and to sign off the Yacht and Briefing Acceptance Form.

In signing this form, the Charterer acknowledges that the yacht has been accepted and handed over properly from Cruise Asia to the Charterer according to the form. Acceptanre by the Charterer certifies that Cruise Asia has fulfilled its obligations.

The Charterer and/or Skipper must pay security deposit and provide a copy of his/her passport on arrival before departure. Failure to provide either will deem this agreement void, all monies collected will be held under section 13 of this agreement. If any other person in the group, other than the signatory of the charterer, also pay for the security deposit or a part of it, he/she has to provide a passport copy and also sign this charter agreement too.

Should Cruise Asia discover that the Charterer and crew are not competent to handle a yacht, Cruise Asia reserves the right to terminate this agreement forthwith with no refund of Charter fees or, if available, employ a skipper at an additional expense to the Charterer.

The Charterer acknowledges that Cruise Asia does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided by the Charterer as true and valid (Sailing Certificate or Experience Report). The Charterer agrees not to sail the yacht single- handedly and to ensure at all times a competent skipper (over 18 years of age) and leading crew member are aboard except while safely moored.

Cruise Asia reserves the rights to terminate the arrangement without liability if the Charterer’s behavior (in Cruise Asia’s reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff,any third party and property, and Cruise Asia shall not be liable for any costs incurred therefore.

Inventory

Cruise Asia will provide a navigable charter yacht in full commission and in proper working order, outfitted as a vessel of her size, type and accommodation with full equipped pursuant to the aws and regulations in force of the flag and registration of the yacht at specified start time of the booked charter. Cruise Asia will issue the boat papers specifying the navigation area, period/area authorized and boat covered by insurance.

Cruise Asia hereby declares that the charts on board are up to date, but that Cruise Asia cannot be held liable for any damage which may occur due to any subsequent alterations.

Technical Supports and Troubleshoot during Charter

In case of technical problem occurring during the charter time, Cruise Asia’s Phuket base team will try to solve the issueover the phone where possible will aim to provide assistance within 4 hours to customers and within a 20-mile radius from Cruise Asia’s Phuket base during the working hours of 8:30 am-6:00pm. Cruise Asia reserves the right to ask customers to come back within a 20-mile radius of the base depending on the technical issue.

If the issue is not deemed as charter ending, E.g. one out of two toilets are blocked, Cruise Asia are not obligated to assist within 4 hours.

If the technical problem is caused by the Charterer and crew, they shall then be liable to pay for all costs incurred thereafter for repairing the issue, including but not limited to parts, labour and travel. In this case, there will be no compensation on the unfinished charter dates if the yacht is not fit for charter purpose anymore.

If the technical problem (not caused by the Charterer and crew) is not able to be resolved within 24 hours and that the charterer cannot cruise with the yacht anymore (till the end of the charter), the charterer may choose to terminate the charter, and thus may be entitled to compensation with hotel accommodations (choice of hotel is at discretion of Cruise Asia) or a refund of the charter fees paid on a pro rata basis.

Yacht Insurance

Cruise Asia and the chartered yacht are covered by a standard marine yacht policy against direct physical damage and loss to the vessel, bodily injury and property damage, third party and civil liability.

The said insurance is subject to specified deductibles for which the Charterer is fully responsible for. The policy provides full cover to the yacht’ s hull and machinery, as well as Third-party Liability insurance. The dinghy and its accessories as well as its outboard engine are NOT insured against theft or loss, therefore are the responsible of the Charterer.

Despite the fully comprehensive insurances covering damages to the yacht and third-parties liabilities, the Charterer and crew remain liable and responsible for all loss or damage to the yacht, as well as third-party liabilities caused therefore, through breach of this agreement due to negligence or malicious or willful misuse of the yacht or failing to adhere to the Cruise Asiabriefing or onboard instructions. Charterer' s responsibility and liability also covers actions conducted by all staff that have been employed by Cruise Asia on behalf of the Charterer for the duration of the charter (such as the skipper, cook,hostess, deckhands, or dive personals). The Charterer understands and agrees that his her liability is not limited to the security deposit held by Cruise Asia. Cruise Asia shall not be held liable for any loss or damage to personal property or for any injuries resulting from the use of the yacht or its equipment.

The Charterer and crew are strongly advised to review their personal travel insurances, accident and medical insurances, as well as liability insurances to ensure proper coverage during the period of the charter. Personal accident/travel insurance, cancellation/curtailment insurance, as well as charter liability insurance are highly recommended to the Charterer to equip for his/her charter trip.

If the Passenger Insurance information is not completed by the day before the commencement of a charter the guests must be informed, they are not insured for the day the information is sent to the Insurance Provider. For day trips this would mean they are uninsured but for overnight charters they would not be insured for the first day but would be after.

5. Obligations of the Charterer

Use of The Yacht

The Charterer shall always handle the yacht as if it were his/her own property, with proper care and handling, to operate it according to the rules of good seamanship and common sense, and to respect and act according to the rules and regulations of the marine and harbour authorities of the cruising areas and the yacht’s flag state legislation, as well as the customs authorities and police.

It is the responsibility of the charterer to observe the laws of any country the Charterer visits. The Charterer is personally liable to the above-mentioned authorities in the event of any, even non-deliberate, violation of the law.

The Charterer agrees to take on board the number of Passengers stated on the Crew list (this must not exceed the maximum number that the yacht is licensed for). Animals are not allowed on any of our yachts.

The Charterer agrees that the yacht shall only be used as a pleasure vessel, that the yacht shall not be rented out to a third party and not be used for any commercial activity such as commercial fishing, racing or diving, if not stated specifically in this agreement. The yacht shall not transport merchandise, engage in trade, nor in any way violate the laws of any government within the jurisdiction. Cruise Asia strictly prohibits the use or consumption of illegal drugs on board.

The Charter agrees to restrict the use of the chartered yacht within the pre-agreed cruising areas only (during Chart Briefing at Check-in) with the “Southeast Asia Pilot” book (permanently placed onboard at the navigation table). If the customer wants to leave the recommended and pre-agreed cruising area, they must obtain written consent from Cruise Asia and sign an additional waiver at check-in. Cruise Asia reserves the rights to deny customers from leaving designated cruising areas, depending on the Charterer and crew’s experience and weather.

The following regulations related to cruising areas and usage of the chartered yacht shall be complied by the Charterer and crew:

to sail the yacht no further than 50 nautical miles off the West Coast of Thailand and not to leave Thai territorial waters (national boundary) unless pre-agreed by Cruise Asia;

to report the arrival and departure of the yacht to the harbor master, and to pay all harbour and visit fees where applicable;

to observe and follow good nautical and traditional yacht customs;

to keep a proper and up to date log book, including records of weather reports;

to make a note of any ground contact and to report such contacts on return of the yacht;

in the event of adverse weather or sea conditions (7 Beaufort and above), not to leave the shelter be it a harbour or a bay, or to seek the nearest shelter or suitable anchor bay;

to keep a watch person onboard when anchored with wind speed of 20 knots or more;

Night sailing is not permitted (“Night sailing” is defined as between 30 min before sunset and 30 min after sunrise), except in an emergency situation where the safety of the yacht or the crew is at stake;

not to leave the yacht unsupervised on the open coast, and to ensure that it can be immediately retrieved in case of imminent danger;

to use no scouring, corrosive or chlorinated cleaning agents when cleaning the yacht;

Rafting to another yacht at anchor is strictly prohibited;

It is mandatory for the Charterer to confirm redelivery of the chartered yacht by contacting the Cruise Asia Phuket charter base and report on position and status of the yacht, as well as welfare of the crew, with no later than 48 hours before the end of the charter is mandatory.

The Charterer must notify Cruise Asia about any damage to the yacht prior to embarkation.

Skipper/Chef

No sailing experience is required if the charter is booked a professional skipper assigned by Cruise Asia on the Charterer’s mandate for the whole duration of the charter period. One of the onboard berths must be allocated to the skipper (and/or Chef). Food and refreshment for the skipper (and / or Chef)is the responsibility of the Charterer during the charter period.

In case of Damage and Accidents

Should any damage to the yacht or the equipment occur during the charter period, the Charterer must inform Cruise Asia without delay by telephone or text message, to discuss about the cost and suitability of repairs. No repairs shall be carried out without the prior consent of Cruise Asia.

Costs for the repair of wear and tear will be reimbursed on production of a receipt. The Charterer must meet the costs of all other damages as well as any expenditure incurred in replacing lost equipment, should these costs not be covered by the insurance.

In the above cases, Cruise Asiais entitled to retain part or all of the security deposit or to demand an advance payment during the check-out process.

In case Cruise Asia and the Charterer are in disagreement regarding the cause of damage an independent surveyor will be involved d or unbiased opinion at the cost of the Charterer, in which case the refund of the security deposit will remain in suspense.

In the event of damages, collisions and loss of equipment, the Charterer must take all reasonable steps to minimize further loss. Any accident or damage involving a third party must be reported immediately to Cruise Asia and such incident shall be put into a written report with all detailed particulars,such as the type and name of the vessel or property, and the names of all those involved, and it shall be signed by all parties concerned.

This written report shall be kept by Cruise Asia and the insurance company as record.

Failure to comply with these terms may void the insurance coverage and the yacht security deposit.

The Charterer is liable for all damage to the yacht or equipment, as well as for property damages and/or personal injuries to third parties and hired staff, plus any resulting damage or loss, which is caused by the Charterer and crew with or without intent or through negligence, and not covered by the insurance. Liability extends as well to delay in deliveries or cancellations caused thereafter to all the following immediate charters of the chartered yacht. The Charterer is liable for all property damage and/or any bodily injuries of the crew or third parties caused from or related to consumption of alcohol or drugs by the Charterer and crew. Cruise Asia could be entitled to further compensation should, for example, an accident not be reported.

The Charterer will only tow other yachts in cases of extreme emergency and only allow the chartered yacht to be towed in cases of extreme emergency (when the crew or the yacht are in extreme danger). In such an event, only the yacht’s own towing cable is to be used, to avoid high recovery costs.

The towing costs must be negotiated in advance and must, wherever possible, be submitted in writing or vouched for by witnesses.

Security Deposit

A refundable payment is required to cover the possibility of damage to the yacht and its equipment including damage caused by the Charterer and crew to a third party.

A refundable security deposit of 3000-6,000 EUR shall be taken at the base upon check-in,the Charterer and crew will be responsible for the costs of any damages to the yacht and fittings and ancillary items up to the value of the yacht security deposit.

The refundable security deposit is not the limit of the Charterer and crew’s liabilities towards any acts of negligence and/or gross negligence, malicious or willful misuse of the yacht or failing to adhere to the Cruise Asia briefing or onboard instructions, sailing under the influence of alcohol or drugs or taking the yacht single-handed and in these instances, the yacht security deposit is not the maximum liability of the Charterer.

Redelivery of the Yacht

A “Redelivery of the Yacht” is defined as: the Charterer returning the chartered yacht and onboard inventory, as well the dinghy and its accessories fully equipped and properly functional, clean, refueled and in the same condition as first delivered from Cruise Asia to the Charterer, on the pre- agreed disembark date and at the pre-agreed hour with acceptance by Cruise Asia.

On punctual Redelivery of the Yacht in its standard good condition, the security deposit will be reimbursed immediately.

It is imperative to plan the cruise carefully and to begin the return trip in due time in order to guarantee a punctual arrival in the port of redelivery, even in the event of unfavorable conditions. Weather conditions must be taken into consideration when calculating a flexible cruise itinerary to avoid incurring delay penalties. Should, however, sudden deterioration in the weather render a punctual return impossible, Cruise Asia must be informed immediately by telephone or any other means. Delays caused by adverse weather conditions are subject to the same penalties as any other delays.

The redelivery of the yacht is concluded when the Charterer has performed a basic cleaning of the yacht inside and out, and removed his personal belongings and garbage. Cruise Asia must then inspect the yacht and its equipment for damage and inventory. For this purpose, a record will be drafted which becomes binding with the signatures of the Charterer and Cruise Asia. Should the yacht not be basically cleaned on redelivery, Cruise Asia reserves the rights to deduct cleaning costs at local rate from the security deposit.

Diesel should likewise be refilled by the Charterer or settled with Cruise Asia. Any time lost from cleaning or repairs to damage caused by negligence are not covered by the insurance is also classed as a delay.

A delayed redelivery through fault of the Charterer will incur a daily penalty of double the daily charter fee. In addition, the Charterer is liable for expenses incurred to Cruise Asia and the following immediate Charterers, such as lost of charter profit, hotel accommodation or monetary compensation,insurance deductibles and administrative cost etc..

In case of any delayed redelivery due to damage, Cruise Asia shall assert any legal and insurance claims and add any costs on to the charter fee.

Cruise Asia reserves the rights to charge a pro rata fee for the time the delivery that is delayed, plus 25% for any loss that Cruise Asia or the Yacht Owner may suffer due to the delayed “Redelivery of the Yacht”.

Should the cruise have to terminate at any place other than the pre-agreed port, Cruise Asia must be informed immediately and the Charterer is liable for all expenses involved in returning the yacht to the originally agreed port (should the disembarkation is planned to be at any other location).

In this case, the Charterer must stay with the yacht to safeguard and supervise the yacht until it has been returned to Cruise Asia or his representative. The yacht is only considered properly redelivered when it has been returned to the port of redelivery, inspected and accepted by Cruise Asia. The Charterer is liable for all costs incurred to achieve this.

Extra Fees

A Final Cleaning Fee of 200-300 EUR shall be settled together with the rest charter payment or to be settled at check-in. During long-term charters, in case the charterer requests for deep cleaning of the yacht back at the base, the same fee of 200-250 EUR per deep cleaning shall be applied.

A Generator Usage Fee of 5 EUR per running hour is applied for the usage of the generator and air-condition onboard. This fee will be calculated according to the metre record on the generator and fee to be settled at check-out.

6. Changes to Charter Dates and Cancellation by CRUISE ASIA

In the unforeseen event that the yacht should not be available for your charter on the date agreed, i.e. due to damage by the previous Charterer, Cruise Asia will provide reasonable accommodation ashore excluding meals until the yacht is either repaired or becomes available.

In the event that Cruise Asia has to cancel the booked charter within the 8 week before charter commence date, an alternative yacht will be offered of equal or higher standard (if available)or a full refund will be given.

There will be no compensation paid in case of Force Majeure.

Cruise Asia is entitled to cancel the agreement should the Charterer fail to meet his payment deadlines.

7. Changes to Charter Dates and Cancellation by The Charterer

Cancellations must be made in writing by the Charterer, and received by Cruise Asia prior to the start date of charter. The date received by Cruise Asia office will be the date used to determine cancellation charges which are levied on the following scale:

§ If the charter is cancelled more than 12 weeks prior to charter: 30% of charter fee

§ Between 12 to 8 weeks: 60% of charter fee.

§ Between 8 to 4 Weeks: 80% of charter fee.

§ Less than 4 weeks: 100% of charter fee.

Should the Charterer need to make a change to the booking after confirmation has been sent, e.g., yacht dates or crew changes more than 12 weeks prior to charter, Cruise Asia reserves the right to make an administration charge of 100 Euros If the Charterer requests any major alterations within 12 weeks prior to charter, it will be treated as a cancellation and re-booking.

Any alterations should be made in writing.

8. Complaint Policy

The Charterer shall immediately notify the Cruise Asia of any shortcomings, problems or deficiencies during the charter so that remedial action can be taken. If the complaint cannot be resolved locally, the complaint should be submitted in writing by the Charterer within 14 days following the end of the charter period and Cruise Asiashall response within 28 days thereafter.

Undeg no circumstances will the level of compensation exceed the related charter fee paid by the Charterer to Cruise Asia.

Any dispute arising from this complaint that cannot be resolved to the satisfaction of both parties will then be referred to arbitration.

9. Violation of this Agreement

In the event of any violation of this agreement, the Charterer and his crew are jointly liable to Cruise Asia for any consequences. Cruise Asia shall not be liable to the Charterer, any member of his party or any third party for any indirect special or consequential damages.

The Charterer is responsible for the actions of his skipper to the same extent as he is responsible for his own actions.

10. Legality and Validity of this Agreement

This agreement will be governed by Thailand Law and any disputes will be dealt with by the Thailand courts.

Should one part of this agreement be deemed invalid, the effectiveness of the remaining regulations is not affected.

This document is to be returned signed to signify that the Charterer has personally agreed to the above conditions and on behalf of the crew.