5.1 Core services provided by Yachting Charters Malaysia By YACHT AGENCY includes but is not limited to yacht charter services.
5.2 Embarkment and disembarkment point is usually at the specific berthing location of the yacht, and may be explicitly stated in the Additional Terms or CharterAgreement where applicable. Special boarding arrangements may be made upon request, subject to additional charges where applicable.
5.3 All prices quoted are in Malaysia currency, unless otherwise specified. Yacht charter rates include the exclusive use of the vessel, boat captain, crew and fuel and utilities for the agreed duration, unless otherwise specified. Fuel and utilities are usually separately charged for extended charters, subject to Additional Terms.
5.4 Yacht charter rates are exclusive of food and beverages. Recommended catering must be prearranged at least 3 days before the charter date. This is subjected to availability and will vary for different yacht. Third-party catering fee (self-catering or bring your own food) and corkage fee (bring your own drinks) may apply depending on the yacht chartered.
5.5 Booking policy: Bookings and reservations are taken on a first-come, first-serve basis, subject to the availability of the specified yacht.
5.6 Payment policy: Full payment is required for the reservation of the yacht charter. Where possible, payment must be made in full at least 1 month prior to the yacht charter date. Booking shall only be confirmed upon receipt of full payment or the specified deposit where credit term is extended. Credit term may be negotiated on a case-by-case basis.
5.7 Cancellation policy: In any event of cancellation, our cancellation policy applies
(A) Cancellations made less than 14 days prior to the yacht charter date are subjected to 100% of the charter fee, with no refund or rescheduling allowed.
(B) For cancellations made less than 1 month prior to the yacht charter date, full payment of the charter fee will be charged, with a refund of up to 50% allowed at YCM’s sole discretion.
(C) For cancellations made more than 1 month in advance, YCM may, at our discretion, allow a refund of up to 100% of the full charter fee.
(D) All refunds may be made in the form of a cash refund or credit refund.
(E) Cancellations made within office hours count towards the effective cancellation period stated above. Cancellations made after office hours will be counted beginning from the next working day.
(F) Any refund, if applicable, shall only apply to the charter fee component. Charges for food catering or other services will not be refunded should charter be cancelled for any reason.
(G) YCM will always negotiate with our vendors in the best interests of our clients. Refund decision by vendors may be transferred where possible. Flexibility may be exercised where possible, with special considerations made by YCM at our sole discretion on a case-by-case basis.
5.8 Rescheduling policy: Any rescheduling of yacht charter is subject to our rescheduling policy. Charterer may reschedule the charter subjected to availability and terms and conditions.
(A) Rescheduling made more than 1 month prior to the charter date is provided free of charge.
(B) Rescheduling made less than 1 month prior to the yacht charter date, full payment of the charter fee will be charged, with a refund of up to 50% allowed at YCM’s sole discretion.
(C) Any reschedules made within office hours count towards the effective rescheduling period stated above. Rescheduling made after office hours will be counted beginning from the next working day.
(D) Should Charterer reschedule a weekend charter slot to a weekday charter slot (from a higher-value charter to a lower-value charter), no refunds (whether cash or credit) on the difference of the charter fees will be provided.
(E) Rescheduled bookings must be placed within 1 month from the original booking date. Otherwise the booking will be taken as a new request.
5.9 An administration fee of RM300 applies for each cancellation. Administration fee may be waived subject to special consideration on a case-by-case basis.
5.10 Late policy:
(A) YCM reserves the rights to consider the charter as cancelled should the charterer be more than an hour late from the stipulated start time.
(B) The charterer and guests are advised to be on time. No time compensation will be given for late arrival, and charter timings shall proceed as according to the stipulated timing as agreed upon, and stated on the invoice.
5.11 No-show policy: Arrival one hour after the stipulated charter start timing shall be considered as no-show, unless the coordinator is being notified. No refunds will be given for no-shows, and the charter shall be considered as fulfilled.
5.12 Time extension policy: Any time extension should be requested at least 3 days in advance, prior to charter date. YCM may allow impromptu time extension with cashpayments on the spot, subject to the yacht availability and the sole discretion of YCM.
5.13 The charterer shall make all attempts and exhaust all means of communications to contact the coordinator from YCM before the charter. Coordinator details (name and mobile number) will be provided to the client along with the charter details.
5.14 Additional charges may apply for special requests such as cruising to other requested destinations. Overseas charters, weekly charters or extended long-term charters are available upon request.
5.15 YCM reserves the right to cancel any charter in the event of any unforeseen circumstances. In such cases, we may mutually agree on a later date of charter. Claims for any damages and/or inconvenience caused will not be entertained.
5.16 YCM reserves the sole and exclusive right to cancel the charter if the captain in his reasonable opinion declares that the sea or weather conditions are not suitable for the charter prior to the scheduled yacht charter and there are reasonable concerns over the safety of personnel and yacht. The captain of the yacht at all times has full authority over the safety of the yacht and personnel and at any time can terminate such charter and return to the marina where, in the reasonable opinion of the captain, there is reasonable possibility of danger to the yacht and personnel. If such an event is due to technical reasons, YCM will apply the cancellation policy detailed above. If such an event is due to the unsafe behaviour (e.g. excessive alcohol consumption) of the charter guests during the charter, which shall be at the sole discretion of the captain, there will be no cancellation refund. YCM reserves the sole and exclusive right to recall the vessel upon the forecast or occurrence of severe weather. If charterer elects to prematurely end the charter, the charter is deemed cancelled and there will be strictly no refund.
5.17 Once the yacht has departed the Marina, the charter is considered to have been fulfilled and no cancellations or refunds are provided.
5.18 The Charterer agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, Charterer’s family and guests, and shall not transport merchandise or carry passengers for pay, or race, or engage in any trade nor in any way violate the laws of Singapore and Malaysia or of any government within the jurisdiction of which the yacht may be at any time and shall comply with the law in all other respects. The Charterer agrees not to sub-charter the yacht without written consent of the owner and YCM.
5.19 For yacht charter within Malaysia, this Agreement shall be construed and interpreted in accordance with the laws of Malaysia with the exception of any admiralty or maritime claims which shall be construed under the maritime, Maritime Port Authority of Malaysia.5.20 Curtailment of Charter: In the event that the yacht is unable to sail due to mechanical reasons prior to the scheduled charter, clause 5.7 (F) shall apply. YCM will refund the full charter amount to the Charterer. In this event, there will be no further rights or claims for the damages or compensations from the Charterer. 5.21 YCM reserves the right to substitute another yacht of the same or lower charter value prior to the scheduled charter should the specified yacht not be available due to reasons beyond our control. If a substitute yacht is not possible, the cancellation policy shall apply. 5.22 Charterer shall indemnify and acknowledge that YCM and its employees shall not be held liable for any death, loss or injury arising from Charterer’s and the guest’s use of the yacht, its equipment or dinghy, or any activities. 5.23 The Charterer is liable for loss of or damage to the yacht or its equipment that results from the negligence or willful misuse by Charterer, Charterer’s family and guests. Determinations of negligence or willful misuse are made at the sole discretion of YCM. Any damages done to the yacht will be recorded. The charterer would be responsible on behalf of their guests to rectify or to pay for the repair cost. 5.24 All yacht charters are bound to the general terms and conditions (“General Terms”) as stated on this document. By chartering a yacht from YCM, you agree to our General Terms as well as any Additional Terms that may apply for each yacht on a per-charter basis. In the event General Terms