Terms & Conditions

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you (the "Guest" or "you") and Cerulean Bow (the "Company", "we", "us", or "our") regarding your use of our yacht charter services and website.

By booking a charter, submitting an 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 to these terms, you may not use our services.

2. Definitions

• "Charter" refers to the rental of a vessel, crew, and associated services for a specified period.
• "Vessel" means the yacht or boat provided for the charter.
• "Crew" includes the skipper, deckhand, service host, chef, and any other personnel assigned to the charter.
• "Guest" refers to the person who books the charter and all passengers aboard during the charter period.
• "Charter Fee" means the total amount payable for the charter as specified in the booking confirmation.
• "Booking Confirmation" refers to the written confirmation issued by Cerulean Bow upon receipt of the deposit.

3. Age and Capacity Requirements

You must be at least eighteen years of age to book a charter. By booking, you represent and warrant that you have the legal capacity to enter into this agreement and comply with these Terms and Conditions.

Guests under the age of eighteen must be accompanied by a parent or legal guardian who accepts full responsibility for their conduct and safety during the charter.

4. Booking and Payment

4.1 Booking Process

To book a charter, you must submit a booking inquiry specifying your preferred date, charter type, and number of guests. A booking is not confirmed until we issue a written Booking Confirmation.

4.2 Deposit Requirements

A non-refundable deposit of thirty percent of the Charter Fee is required within forty-eight hours of your booking inquiry to confirm your reservation. Failure to provide the deposit within this timeframe may result in cancellation of the provisional booking.

4.3 Balance Payment

The remaining balance of the Charter Fee must be paid in full no later than three days before the scheduled departure date. Charters will not proceed if full payment has not been received.

4.4 Accepted Payment Methods

We accept payment via bank transfer and major credit cards. Payment processing fees, if applicable, are the responsibility of the Guest.

4.5 Currency

All prices are quoted in Malaysian Ringgit (MYR) unless otherwise specified. Exchange rate fluctuations do not affect the Charter Fee once a Booking Confirmation has been issued.

5. Cancellations and Refunds

5.1 Cancellation by Guest

If you cancel your charter, the following refund policy applies:

• More than thirty days before departure: Deposit forfeited; balance refunded
• Between fourteen and thirty days before departure: Fifty percent of Charter Fee forfeited
• Less than fourteen days before departure: No refund; full Charter Fee due

All cancellations must be submitted in writing to [email protected]. Cancellation is effective upon our written acknowledgment.

5.2 Cancellation by Company

We reserve the right to cancel a charter due to safety concerns, vessel mechanical failure, or force majeure events. In such cases, you will receive a full refund of all payments made, or we will offer to reschedule the charter to a mutually agreeable date at no additional charge. Our liability is limited to the refund of payments; we are not responsible for any consequential costs or damages.

5.3 Weather-Related Postponements

If a charter is postponed due to adverse weather conditions as determined by our skipper, we will work with you to reschedule to an alternative date within six months. If rescheduling is not possible, a full refund will be provided. The decision to postpone for safety reasons is at the sole discretion of our skipper and is final.

6. Guest Responsibilities

6.1 Conduct

Guests are expected to behave responsibly and courteously toward crew members and other guests. Disruptive, abusive, or illegal behavior may result in immediate termination of the charter without refund.

6.2 Safety Compliance

Guests must comply with all safety instructions provided by the crew, including wearing life jackets when instructed and following emergency procedures. Failure to comply may result in termination of the charter.

6.3 Prohibited Activities

The following activities are strictly prohibited during charters:

• Smoking below deck or in enclosed areas of the vessel
• Use or possession of illegal substances
• Bringing firearms, explosives, or other weapons aboard
• Swimming or diving without crew authorization
• Operating vessel equipment without crew permission

6.4 Accurate Information

You must provide accurate information regarding the number of guests, dietary requirements, medical conditions, and emergency contacts. Failure to disclose relevant information may affect our ability to accommodate your needs safely.

6.5 Damages

Guests are responsible for any damage to the vessel, equipment, or furnishings caused by negligence or willful misconduct. We reserve the right to charge for repairs or replacement costs.

7. Limitation of Liability

7.1 Service Provided "As Is"

Charter services are provided on an "as is" basis. While we maintain our vessels to appropriate standards and employ qualified crew, we cannot guarantee uninterrupted or error-free service.

7.2 No Guarantee of Specific Results

We do not guarantee specific weather conditions, wildlife sightings, or other natural phenomena beyond our control. Charter routes and schedules may be adjusted at the skipper's discretion to ensure safety and guest comfort.

7.3 Limitation of Damages

To the maximum extent permitted by Malaysian law, our total liability for any claim arising from a charter shall not exceed the total Charter Fee paid by you. We are not liable for indirect, incidental, consequential, or punitive damages.

7.4 Third-Party Services

We are not responsible for services provided by third parties, including but not limited to provisioning suppliers, dive operators, or transportation services to and from the marina.

8. Insurance and Personal Belongings

We maintain comprehensive marine insurance covering vessel damage and third-party liability. However, we are not responsible for loss, theft, or damage to personal belongings brought aboard by guests. We strongly recommend that guests obtain travel insurance covering personal property, medical expenses, and trip cancellation.

9. Medical Conditions and Health

Guests with medical conditions, mobility limitations, or dietary restrictions must inform us at the time of booking. While we will make reasonable efforts to accommodate your needs, certain conditions may preclude participation in specific activities or charters.

Guests requiring medical attention during a charter will be transported to appropriate facilities at the guest's expense. We are not liable for medical costs or evacuation expenses.

10. Intellectual Property

All content on our website, including text, images, logos, and trademarks, is the property of Cerulean Bow or our licensors and is protected by Malaysian and international intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without written permission.

11. Photography and Media

We occasionally take photographs or video during charters for marketing purposes. By participating in a charter, you consent to the use of your image in our promotional materials unless you notify us otherwise in writing. You may request removal of specific images at any time.

12. Force Majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather, government restrictions, labor disputes, or other force majeure events. In such cases, we will work with you to reschedule or provide a refund as outlined in Section 5.2.

13. Dispute Resolution

13.1 Governing Law

These Terms and Conditions are governed by the laws of Malaysia. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.

13.2 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us at [email protected] to attempt an informal resolution of any dispute.

14. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on our website with an updated "Effective Date." Your continued use of our services after changes are posted constitutes acceptance of the revised terms. Bookings confirmed before changes take effect will be governed by the terms in place at the time of booking.

15. Severability

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

16. Entire Agreement

These Terms and Conditions, together with your Booking Confirmation and our Privacy Policy, constitute the entire agreement between you and Cerulean Bow regarding your charter. These terms supersede all prior communications, proposals, or representations, whether oral or written.

17. Contact Information

For questions regarding these Terms and Conditions or to address any concerns, please contact us: