Terms and Conditions of Charter It is with our good intention that these terms and conditions of charter are clearly read, understood, and agreed to by all those concerned before making any booking. Once the booking has been made, it shall be taken as confirmation and acceptance of the following points: 1. Price The pricing of each charter shall be as per the charter rate, as confirmed in the booking form, unless agreed to by Thida Yachting Charter for any special reason. We reserve the right to make any reasonable amendments to the pricing to be in line with any variations in such expenses that are beyond our reasonable and foreseeable control, such as taxes, insurance, rules and regulations, or any other reasonable explanations which shall be explained and mutually agreed between Thida Yachting Charter and the client. For any payment made in foreign currency, the exchange rate on the day of payment shall be used, and adjusted to represent the full agreed rate accordingly. In the event that the customer makes any special requests for any additional items or services other than that which is provided as standard, Thida Yachting Charter shall endeavor to meet these and inform the customer or any surcharge or additional expenses that may be incurred. 2. Charter Details The standard duration of each standard charter shall be: Full day charter : 8 am to ~5 pm 9 hours Half day charter : 5 hours Overnight charter : 8 am on day one / ends ~5 pm on day two The standard charter includes: - Skipper - Fuel - Unlimited supply of soft drinks, tea and coffee. - Breakfast, Lunch and snacks 3. Payment Term The following payment terms shall apply: For advance booking of more than 10 days before the departure date: - Deposit of 50% of agreed rate on the date of confirmation. - Remaining 50% of agreed rate no less than 45 days before the departure date. For short-term booking, of less than or 10 days before the departure date: 100% of agreed rate 4. Cancellation** Should you wish to cancel your booking, please kindly take note of the Following applicable cancellation fees: - More than 180 days prior to departure date 0% of full charter rate - More than 84 days prior to departure date 50% of full charter rate - More than 42 days prior to departure date 80% of full charter rate - Less than 42 days prior to departure date 100% of full charter rate **Cancellation policy above applies to standard booking excluding any post-confirmation amendment, unless Otherwise agreed by Thida Yachting** In the event that Thida Yachting encounters any unexpected issues and difficulties, including if it considers the weather condition to be unsuitable for the charter, resulting in not being able to make available the vessel as per the charter booking, we will endeavor to inform you at the earliest opportunity before the charter and you will then be entitled to: 1. Change to a different vessel with similar size and price, or higher (subject to availability) 2. Change the day of departure. 3. Claim full refund on you payment. However, in the event of any force majeure (such as riot, war, threat, transport problems, natural disaster, and serious adverse weather condition, or any other causes beyond the control of Thida Yachting Charter, and provided the happening of any such causes is not attributable to the fault of Thida Yachting Charter), Thida Yachting Charter will not pay any compensation and therefore advise that customers take our personal insurance to cover for these separately. 5. Safety To ensure the highest standard of safety is maintained and practiced, the followings should be noted: 5.1 Life jackets - Thida Yachting Charter will provide enough lifejackets for all the customers on board, including adults and children as per the booking form. 5.2 Fire extinguishers - there are fire extinguisher on board to be used in emergency only, and Customers are requested not to tamper with these provisions at all times. 5.3 Life raft - a dinghy is provided on board to be used as life raft. 5.4 First aid - A standard first aid kit is provided as well as crew and captain trained for first aid and life-saving skills. 5.5 Water sports - Thida Yachting Charter shall not take any responsibility in any water sports activity (diving, water-skiing, etc) where the customer may request to do at their own risk. It is highly recommended that personal insurance is also taken to cover this or any other activity outside that which is provided by the standard charter program. 5.6 unsafe weather condition - Thida Yachting Charter reserves the right to cancel or make amend- ments to any departure time, date, itinerary, or any other relevant detail of the charter in the event that it is reasonably deemed that the weather is unsafe for the charter or the adverse condition may present an unsafe environment for the charter. 5.7 Authority and responsibility - Thida Yachting Charter reserves the right for its captain, crew and hostess to have full authority to carry out any amendments to the charter considered to be in the interest of safety when the following events or behavior is displayed, including (but not limited to) inappropriate behaviors, illegal substances or actions, over intoxication with alcohol, personal health/medical issues, as well as any other reasonable circumstances. 6. Personal health and medical conditions It is the responsibility of the customer to inform a member of Thida Yachting Charter staff before each booking is made of any personal health issues, allergies, pregnancy, and other medical/ health related issues. In the event that Thida Yachting Charter deems that these issues pose significant risks and danger but the customer still insist on going ahead with the charter for whatever reason, it is required that a certificate or letter from certified doctor / medical organization is present. In such cases, and in cases where these conditions have not been reported whether intentionally or not, Thida Yachting Charter will not accept any liability or responsibility for any accidents or consequences that may occur in whatever shape or form. Furthermore, Thida Yachting Charter ultimately reseves the right to decline any bookings made by customers, or permit their entry on board the vessel, where the company deems that their health conditions is inappropriate for the charter. 7. Illegal Substances Customers shall not bring onto the boat any substances, weapons, natural reserved items, or any other items that are considered illegal to the Thai law. If these are violated, Thida Yachting Charter shall return the boat to the marina or other suitable destinations immediately where the authority prosecution shall take place in accordance with the national law. 8. Vessel usage In addition to the terms of usage stipulated herewith in the Terms and Conditions of charter, usage of the vessel, including all details regarding number of people, shall be exactly as filled in the Booking Form only. Furthermore, the following rules should be adhered to at all times: Pets - Customers are prohibited to bring on board any pets or animals without full written permission From Thida Yachting Charter. Smoking - this is FORBIDDEN in any interior space on board the yacht. 9. Liability Thida Yachting Charter shall not be held liable for any negligent doings of the customers, or for the acts of omissions of clients. No claims made against these either by the customers, or any other parties, shall be made valid. This include, but is not limited to, any losses that can not be directly proven to be as a result of the company's direct and intentional doing, nor those that were unforeseeable at the time of booking and during the charter in all circumstances. However, in the event of breakdown or disablement during the charter, or if the yacht is at any time disabled by way of collision or other cause as to prevent reasonable use of the yacht, the charter will be terminated and a pro rata charge shall then apply. Thida Yachting Charter shall insure the vessel against all customary risks for a yacht of her size and type. Under normal circumstances, the Customers shall only be liable for costs or losses as may be incurred. Repairing damage caused by the Customers or his/her guests (intentionally or otherwise) to the vessel or anythird party on each separate accident or occurrence. Such damage includes, but is not limited to, doings which may be deemed to have caused damages to the vessel, its captain, crew and hostess, as well as for loss of belongings and other reasonable damages. The Customer shall be liable for any reasonable loss of opportunities or additional surcharges applicable should the vessel be returned outside of the agreed time as specified in the standard charter duration, unless otherwise mutually agreed between the two parties. Such compensation and expenses that may be applicable to the Customer shall be paid for in full no later than 7 days after Thida Yachting Charter has given a written notification to the Customer to the contact details Contained in the Booking Form, unless otherwise mutually agreed between the two parties. Failure to do so will constitute offences that Thida Yachting Charter shall reserve the rights at its discretion to justify in the law courts of Thailand. 10. Arbitration and governing law Any dispute, controversy or difference which may arise out of or in connection with or in relation to this Terms and Conditions of charter, or for the breach thereof, shall, unless settled by amicable arrangements of the parties hereto without undue delay, be settled by arbitration in accordance with the Arbitration Rule of the Arbitration Institute, Ministry of Justice applicable at the time of submission of the dispute to arbitration and the conduct of the arbitration thereof shall be under the auspices of the Arbitration institute. The award thereof shall be final and binding upon the parties hereto, and judgement on such award may be entered in the court of Thailand, at the province of Bangkok. This Terms and Conditions of Charter shall be governed by and construed in accordance with the Laws of the Kingdom of Thailand. 11. Language This Terms and Conditions of Charter are made in English language. In the event of any conflict between this Terms and Conditions of Charter and any Thai translation hereto, the Thai version of the translation will govern the matter in question. 12. No implied waiver The failure of one party hereto at any time to require performance by another party of any provision hereof, shall in no way affect such party's right to require full performance thereof at any time thereafter, nor shall the waiver by one party hereto of a breach of any provision hereof, be taken or held to be a waiver by such party of any succeeding breach of such provision or as a waiver of the provision itself. Customer Signature…………………….. back