Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of yacht charter services provided by Zephyrine, operating in Phuket, Thailand ("we," "our," or "us"). By booking a charter, making an inquiry, or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our services.

These Terms constitute a legally binding agreement between you ("you," "your," or "Guest") and Zephyrine. Please read them carefully before booking any charter services.

2. Definitions

For the purposes of these Terms:

• "Charter" means the yacht rental service provided by Zephyrine for a specified duration.
• "Yacht" means any sailing vessel or motor sailor operated by Zephyrine for charter purposes.
• "Guest" means any person booking or participating in a charter.
• "Captain" means the licensed professional in command of the yacht during a charter.
• "Crew" means all personnel employed by Zephyrine to operate the yacht and provide services during a charter.
• "Services" means all yacht charter services, activities, and amenities provided by Zephyrine.
• "Force Majeure" means events beyond reasonable control, including severe weather, natural disasters, civil unrest, or government actions.

3. Booking and Reservations

3.1 Booking Process

Charter bookings can be made through our website contact form, email, or phone. All bookings are subject to availability and confirmation by Zephyrine. A booking becomes confirmed only when we send you written confirmation via email.

3.2 Age Requirements

The lead Guest making the booking must be at least 18 years of age. Minors under 18 may participate in charters but must be accompanied by a parent or legal guardian who assumes full responsibility for their conduct and safety.

3.3 Accurate Information

You must provide accurate, complete, and current information when making a booking, including number of guests, any medical conditions, dietary requirements, allergies, or special needs that may affect the charter. Failure to disclose relevant information may result in charter modification or cancellation without refund.

4. Payment Terms

4.1 Pricing and Currency

All prices are quoted in Thai Baht (THB) and are subject to change without notice until a booking is confirmed. Prices include the services specified in your charter confirmation but exclude optional extras unless explicitly stated.

4.2 Deposit and Balance

A deposit of 50% of the total charter fee is required to secure your booking. The remaining balance must be paid no later than 14 days before the charter date. For bookings made within 14 days of the charter date, full payment is required at the time of booking.

4.3 Payment Methods

We accept payment via bank transfer, credit card, or other methods as communicated during the booking process. Payment processing fees, if applicable, are the responsibility of the Guest.

4.4 Late Payment

If full payment is not received by the due date, we reserve the right to cancel your booking and retain the deposit as compensation for lost charter opportunities.

5. Cancellation and Refund Policy

5.1 Guest Cancellation

If you need to cancel your charter, the following cancellation fees apply based on notice received before the scheduled charter date:

• 30 days or more: 25% of total charter fee (75% refund)
• 15-29 days: 50% of total charter fee (50% refund)
• 7-14 days: 75% of total charter fee (25% refund)
• Less than 7 days: 100% of total charter fee (no refund)

5.2 Weather-Related Cancellations by Zephyrine

If we determine that weather conditions pose a safety concern and cancel the charter, you will receive a full refund or the option to reschedule at no additional cost. We make these decisions based on professional maritime weather assessments and safety protocols.

5.3 Operational Cancellations

In rare cases where we must cancel due to yacht maintenance issues, crew illness, or other operational reasons, you will receive a full refund or alternative charter date. We are not liable for any additional costs you may have incurred in connection with the charter.

6. Charter Services and Inclusions

6.1 Standard Inclusions

Each charter includes the services and amenities specified in your booking confirmation, which typically include:

• Yacht usage for the specified duration
• Professional captain and crew as indicated
• Fuel and standard yacht operations
• Safety equipment and briefing
• Food and beverages as specified for your charter type
• Water activity equipment where mentioned

6.2 Exclusions

Unless otherwise stated, the following are not included:

• Alcoholic beverages beyond standard provisions
• Special dietary requests requiring premium ingredients
• Gratuities for crew (recommended but optional)
• Personal travel insurance
• Transportation to and from the marina
• Shore excursions or activities not specified in the charter

6.3 Itinerary Flexibility

While we plan routes and destinations, the Captain reserves the right to modify the itinerary based on weather conditions, sea state, safety considerations, or other factors affecting the charter. Such modifications are made in the best interest of Guest safety and comfort.

7. Guest Responsibilities and Conduct

7.1 Safety Compliance

All Guests must comply with safety briefings, instructions from the Captain and crew, and established safety protocols. Life jackets must be worn when instructed. Guests who refuse to follow safety instructions may be removed from the charter without refund.

7.2 Prohibited Conduct

The following behaviors are strictly prohibited:

• Possession or use of illegal drugs or substances
• Excessive alcohol consumption that affects safety or other guests
• Abusive, threatening, or disrespectful behavior toward crew or other guests
• Damage to yacht property or equipment
• Swimming or water activities without crew authorization
• Smoking in prohibited areas (designated smoking areas will be indicated)

7.3 Property Damage

Guests are responsible for any damage to the yacht, equipment, or furnishings caused by their negligence or intentional actions. You agree to reimburse Zephyrine for repair or replacement costs.

7.4 Health and Medical Conditions

Guests must disclose any medical conditions, allergies, or physical limitations that may affect their participation in the charter. While our crew has basic first aid training, we are not medical professionals. Guests with serious medical conditions should consult their physician before booking.

8. Captain's Authority

The Captain has absolute authority regarding all matters affecting the yacht, safety, navigation, and operations. The Captain's decisions regarding weather assessment, route changes, safety procedures, and operational matters are final. Guests must comply with all Captain directives. The Captain may terminate a charter and return to port if Guest conduct threatens safety, and no refund will be provided in such circumstances.

9. Liability and Insurance

9.1 Our Insurance Coverage

Zephyrine maintains comprehensive marine insurance covering yacht operations and passenger liability as required by Thai maritime law. This coverage protects against certain risks but does not cover all potential situations.

9.2 Guest Insurance

We strongly recommend that all Guests obtain personal travel insurance covering trip cancellation, medical expenses, personal injury, and personal property. Zephyrine is not responsible for loss, theft, or damage to personal belongings.

9.3 Limitation of Liability

To the maximum extent permitted by Thai law, Zephyrine's liability for any claims arising from charter services is limited to the total amount paid for the charter. We are not liable for indirect, consequential, special, or punitive damages.

9.4 Guest Assumption of Risk

Guests acknowledge that sailing and water activities involve inherent risks. By participating in a charter, you voluntarily assume these risks. Zephyrine is not liable for injuries or accidents resulting from normal sailing activities or Guest choices, provided we have exercised reasonable care.

10. Force Majeure

Neither party shall be liable for failure to perform obligations due to Force Majeure events including but not limited to severe weather beyond normal sailing conditions, natural disasters, war, civil unrest, government actions, pandemics, or other events beyond reasonable control. In such cases, affected charters may be rescheduled or refunded at Zephyrine's discretion.

11. Privacy and Data Protection

We collect and process personal information in accordance with our Privacy Policy and Thailand's Personal Data Protection Act (PDPA). By booking a charter, you consent to our collection and use of your information as described in our Privacy Policy.

12. Intellectual Property

All content on our website, including text, images, logos, and design elements, is owned by Zephyrine or used under license. You may not reproduce, distribute, or create derivative works from our content without written permission. Guests may take photographs during charters for personal use but may not use such photographs for commercial purposes without our consent.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Thailand. Any disputes arising from these Terms or charter services shall be subject to the exclusive jurisdiction of the courts of Phuket, Thailand.

13.2 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation. Please contact us at [email protected] to discuss any concerns.

14. General Provisions

14.1 Entire Agreement

These Terms, together with your booking confirmation and our Privacy Policy, constitute the entire agreement between you and Zephyrine regarding charter services and supersede all prior agreements or understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Notices

All notices under these Terms shall be in writing and delivered via email to the addresses provided during booking or to [email protected] for Zephyrine.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes are posted constitutes acceptance of the modified Terms. Terms in effect at the time of booking govern that specific charter.

16. Contact Information

For questions regarding these Terms or charter services: