Terms & Conditions

1. Definitions

For the purposes of this agreement:

• "kelpsynas", "we", "us", "our" refers to the yacht charter service operating from Semporna, Sabah, Malaysia
• "Guest", "you", "your" refers to the individual or group booking charter services
• "Charter" refers to the yacht or boat rental service including crew and specified inclusions
• "Vessel" refers to the boat or yacht used to provide the charter service
• "Agreement" refers to these terms and conditions along with the booking confirmation

2. Acceptance of Terms

By booking a charter service with kelpsynas, submitting a booking inquiry, or using our website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you should not proceed with booking our services.

The person making the booking must be at least 18 years of age and possess the legal capacity to enter into binding contracts under Malaysian law. The booking party assumes responsibility for all guests participating in the charter.

3. Service Description

kelpsynas provides yacht charter services in the waters around Semporna, Sabah, Malaysia. Our charter offerings include morning visits to Mabul Island, full-day exploration of Tun Sakaran Marine Park, and multi-day passages around Sipadan. Each charter format includes specified services as detailed in the service description and booking confirmation.

Charter services are subject to availability and suitable weather conditions. We reserve the right to modify departure times, routes, or locations based on safety considerations, weather assessments, or operational requirements. Such modifications will be communicated to guests as early as possible.

4. Booking Process

4.1 Booking Confirmation

Charter bookings are confirmed upon receipt of the required deposit and written confirmation from kelpsynas. Booking confirmations will include the charter date, service type, number of guests, total cost, payment schedule, and specific inclusions or exclusions.

4.2 Guest Information

Accurate information regarding the number of guests, any special requirements, dietary restrictions, or health considerations must be provided at the time of booking. Changes to guest numbers or requirements should be communicated at least 48 hours before the scheduled charter.

4.3 Sipadan Permits

For charters involving Sipadan Island, guests must provide passport details for permit applications. Permits are subject to availability and allocation by Sabah Parks. kelpsynas handles the application process but cannot guarantee permit approval. Permit fees are separate from charter costs unless otherwise specified.

5. Payment Terms

5.1 Pricing and Currency

All charter prices are quoted in Malaysian Ringgit (MYR). Prices include the services and inclusions specified in the service description. Additional costs such as Sipadan permits, specialized equipment rentals, or dietary accommodations beyond standard offerings are the responsibility of the guest unless otherwise agreed.

5.2 Payment Schedule

A deposit of 30% of the total charter cost is required to confirm the booking. The remaining balance is due seven days before the scheduled charter date. Payment can be made via bank transfer, credit card, or other methods as specified in the booking confirmation.

5.3 Late Payment

Failure to pay the balance by the due date may result in cancellation of the booking. In such cases, the deposit is forfeited and the charter slot may be offered to other guests.

6. Cancellation and Refund Policy

6.1 Guest-Initiated Cancellations

• More than 14 days before charter: Full refund minus 10% administrative fee
• 7-14 days before charter: 50% refund of total cost
• Less than 7 days before charter: No refund provided

6.2 Weather-Related Cancellations

If weather conditions are deemed unsuitable by the boat captain and charter is canceled by kelpsynas, guests receive the option of rescheduling to an alternative date or a full refund. Weather assessments are made on the morning of the scheduled charter based on current conditions, forecasts, and safety considerations.

6.3 Rescheduling

Guests may request to reschedule their charter once without penalty if the request is made more than seven days before the original date. Subsequent rescheduling requests or changes within seven days of the charter are subject to availability and may incur fees.

7. Guest Responsibilities

7.1 Code of Conduct

Guests are expected to:

• Follow crew instructions regarding safety procedures and vessel operations
• Treat crew members, other guests, and marine life with respect
• Avoid touching or damaging coral reefs and marine organisms
• Properly use provided equipment and report any damage immediately
• Refrain from alcohol consumption before or during charter (unless specifically arranged)
• Comply with marine park regulations and protected area rules

7.2 Health and Fitness

Guests must disclose any health conditions, medications, or physical limitations that could affect their participation in charter activities. While snorkelling experience is not required, basic swimming ability and reasonable fitness are recommended. Guests should consult healthcare providers regarding fitness for marine activities if they have concerns.

7.3 Prohibited Activities

The following are strictly prohibited during charters:

• Collection of shells, coral, or marine specimens
• Feeding or harassing marine wildlife
• Use of illegal substances
• Reckless behavior endangering self or others
• Littering or disposing of waste in marine environment

8. Safety and Liability

8.1 Safety Protocols

kelpsynas maintains vessels according to Malaysian maritime safety standards and crew members hold appropriate certifications. Safety briefings are provided before departure. Life jackets, first aid equipment, and communication devices are standard on all charters. The boat captain has final authority on all safety decisions.

8.2 Assumption of Risk

Marine activities involve inherent risks. By participating in charter services, guests acknowledge these risks and assume responsibility for their own safety. kelpsynas is not liable for injuries, losses, or damages arising from guest negligence, failure to follow instructions, or pre-existing health conditions.

8.3 Insurance

Guests are strongly encouraged to obtain travel insurance covering medical expenses, trip cancellations, and personal belongings. kelpsynas maintains liability insurance as required by Malaysian maritime regulations but is not responsible for guest personal property or medical costs.

9. Limitation of Liability

To the maximum extent permitted by Malaysian law, kelpsynas's liability for any claims arising from charter services is limited to the total amount paid by the guest for that specific charter. We are not liable for indirect, consequential, or punitive damages including lost profits, missed opportunities, or emotional distress.

kelpsynas is not responsible for delays, cancellations, or modifications caused by weather conditions, mechanical failures despite regular maintenance, government restrictions, acts of nature, or other circumstances beyond our reasonable control.

10. Intellectual Property

The kelpsynas name, logo, website content, photographs, and other materials are protected by intellectual property rights. Guests may not use these materials for commercial purposes without written permission. Personal photographs and videos taken during charters are the property of the guest.

kelpsynas may use photographs or videos of charter activities for promotional purposes unless guests specifically request otherwise.

11. Dispute Resolution

11.1 Governing Law

These terms and conditions are governed by the laws of Malaysia. Any disputes arising from charter services or this agreement shall be subject to the exclusive jurisdiction of the courts in Sabah, Malaysia.

11.2 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt resolution through direct communication. Concerns should be raised with kelpsynas management, who will work in good faith to address the issue within a reasonable timeframe.

12. General Provisions

12.1 Entire Agreement

These terms and conditions, together with the booking confirmation, constitute the entire agreement between the guest and kelpsynas regarding charter services. Verbal statements or prior agreements are superseded by this written agreement.

12.2 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

12.3 Assignment

Guests may not transfer or assign their charter booking to another party without written consent from kelpsynas. kelpsynas reserves the right to assign this agreement or subcontract services while maintaining service standards.

13. Changes to Terms

kelpsynas reserves the right to modify these terms and conditions at any time. Changes become effective upon posting to our website. Guests with existing bookings are governed by the terms in effect at the time of booking confirmation. Continued use of our services after changes constitutes acceptance of modified terms.

14. Contact Information

For questions, concerns, or clarifications regarding these terms and conditions, please contact: