Aquinox
Aquinox yacht on Koh Samui waters
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Legal Document

Terms &
Conditions

These terms apply to all charter bookings made with Aquinox. Please read them before confirming your reservation.

Last updated: 1 January 2025

These Terms and Conditions ("Terms") govern all yacht charter services provided by Aquinox ("we", "us", "our"), operating from 14/7 Fisherman's Village, Bophut, Koh Samui, Surat Thani 84320, Thailand. By completing a booking, the lead passenger ("Guest") accepts these Terms on behalf of all persons travelling on the charter.

We have written these Terms in plain language to make them straightforward to read. If anything is unclear, please contact us before confirming your booking.

01

Definitions

  • Charter — any booked period of yacht use, including day sails, day trips, and overnight passages.
  • Guest — the person who makes the booking and all passengers travelling on the charter.
  • Booking Confirmation — the written confirmation (email or document) issued by Aquinox once a deposit has been received.
  • Charter Fee — the total agreed price for the charter, inclusive of crew and specified services.
  • Departure Date — the calendar date on which the charter is scheduled to commence.
  • Force Majeure — circumstances outside the reasonable control of either party, including severe weather, government actions, or emergencies.
02

Booking & Confirmation

A booking is considered provisional until we issue a written Booking Confirmation. Provisional bookings are held without charge for up to 48 hours pending receipt of a deposit.

To secure a booking, the Guest must provide:

  • The names and nationalities of all passengers
  • Any relevant medical conditions or mobility considerations
  • Preferred departure time and any specific routing requests
  • Payment of the deposit as set out in Section 3

Once a Booking Confirmation is issued, the charter is reserved at the agreed date, time, and terms. Any changes requested after confirmation are subject to availability and may affect pricing.

03

Payment Terms

Payment is structured as follows:

Stage Amount When Due
Deposit 30% of Charter Fee At time of booking
Balance 70% of Charter Fee 7 days before departure
Last-minute bookings 100% of Charter Fee Bookings made within 7 days of departure

Payments may be made by bank transfer, credit card, or cash in Thai Baht. All prices are stated in Thai Baht (฿). We do not charge additional fees for card payments.

If the balance is not received by the due date, we reserve the right to release the reserved date and cancel the booking. In such cases, the deposit may be retained as described in Section 4.

04

Cancellation & Rescheduling

Cancellation by the Guest

Notice Given Refund
30 or more days before departure Full refund of all payments received
15–29 days before departure 50% of Charter Fee refunded
7–14 days before departure Deposit retained; balance refunded
Less than 7 days before departure No refund

Rescheduling requests made 14 or more days before the original departure date may be accommodated subject to availability, without penalty. Rescheduling with less than 14 days' notice will be treated as a cancellation and a new booking.

Cancellation by Aquinox

We reserve the right to cancel or postpone a charter in the event of unsafe weather conditions, a mechanical issue affecting vessel safety, or force majeure. In such cases, the Guest will be offered a full rescheduling without charge or a complete refund of all amounts paid. We are not liable for additional costs the Guest may have incurred (such as flights or accommodation) in connection with the charter.

05

Weather & Safety

The captain holds sole authority over all decisions related to departure, routing, anchorage, and early return. If conditions deteriorate after a charter has commenced, the captain may alter or shorten the route in the interest of passenger safety. In such cases, no refund will be provided for the curtailed portion.

We monitor weather forecasts daily and will communicate any concerns to the Guest as early as practicable. If a charter is cancelled before departure due to weather, the full rescheduling and refund options in Section 4 apply.

Guests are advised to check Thai Meteorological Department advisories around the time of travel. The Gulf of Thailand experiences a seasonal monsoon (approximately June through October) during which charters may be less frequent. We do not operate in conditions we consider unsafe regardless of the time of year.

06

Passenger Conduct

All passengers are expected to follow the reasonable instructions of the captain and crew at all times. The following apply during all charters:

  • Life jackets must be worn when instructed by the crew
  • Passengers under 12 years of age must wear a life jacket at all times on deck
  • No passenger may board while visibly intoxicated
  • Illegal substances are not permitted on board
  • Smoking is permitted only in designated areas on deck
  • Glass containers are not permitted forward of the helm station
  • Guests swim at their own risk; crew supervision is advisory, not lifeguard-certified

The captain may refuse boarding or terminate a charter if any passenger's behaviour poses a risk to others, the vessel, or the marine environment. In such cases, no refund will be issued.

07

Limitation of Liability

Aquinox will take all reasonable steps to ensure a safe and enjoyable charter. However, participation in water-based activities carries inherent risks and we cannot accept liability for:

  • Injury, illness, or death arising from activities the Guest participates in voluntarily, including swimming, snorkelling, and kayaking
  • Loss or damage to personal property brought aboard
  • Delays or itinerary changes caused by weather, mechanical issues, or circumstances outside our reasonable control
  • Seasickness or similar physiological reactions
  • Third-party services or equipment not directly provided by Aquinox

Our liability in any circumstances is capped at the total Charter Fee paid for the affected charter.

08

Insurance

Aquinox maintains appropriate marine insurance covering the vessel and third-party liability in Thai territorial waters. This insurance does not extend to personal accident coverage for passengers.

Guests are strongly encouraged to arrange their own travel insurance that includes water sports, medical evacuation, and trip cancellation coverage. We can recommend reputable providers on request.

09

Personal Property

Guests bring personal property aboard at their own risk. We recommend leaving valuables not needed for the charter ashore. Aquinox provides dry storage bags for electronics and small items on request.

Items left on board after a charter concludes will be held for 14 days. We will make reasonable efforts to contact the Guest. Unclaimed items will be donated or disposed of after this period.

10

Marine Environment

The Gulf of Thailand is home to protected coral reefs, marine mammals, and seabird nesting sites. We ask all guests to respect the following:

  • No single-use plastic items are to be disposed of overboard
  • Do not stand on, touch, or collect coral
  • Maintain a respectful distance from marine wildlife
  • Use reef-safe sunscreen when swimming at reef sites
  • Follow crew guidance when anchoring near sensitive habitats

Any Guest found to have deliberately damaged a protected habitat may be held personally liable under Thai environmental law.

11

Special Requirements

We will make reasonable efforts to accommodate dietary requirements, mobility considerations, and other special requests when notified at the time of booking. However, we cannot guarantee accommodation for requests received after the Booking Confirmation is issued, particularly for provisioning-related requests that require advance preparation.

Guests with medical conditions that may be relevant to sea travel are encouraged to consult their physician before booking. We are happy to discuss the physical demands of each charter type in advance.

12

Disputes & Governing Law

These Terms are governed by the laws of the Kingdom of Thailand. Any dispute arising from a charter booking will first be addressed through direct communication with Aquinox management. We are committed to resolving concerns fairly and promptly.

If a dispute cannot be resolved informally, it shall be referred to the courts of Surat Thani Province, Thailand, as the jurisdiction of first instance.

13

Amendments

We may update these Terms from time to time. The version in effect at the time a Booking Confirmation is issued will apply to that booking. Updated Terms will be published on our website with a revised effective date.

We will not make material changes to Terms that affect existing confirmed bookings without notifying the Guest directly.

Ready to Book?

Questions Before You Commit?

Our crew is happy to walk through any aspect of the booking process before you confirm. There is no pressure to decide quickly.

Speak to the Crew