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Terms & Conditions - Charter Contract

 

BOAT POLICY

 

A contract exists as soon as The Sunny Side has received the completed booking deposit, and the full deposit whereupon a booking confirmation will be issued. When making a payment you the charterer have agreed to this contract/Terms & Conditions, as stated below, you can be accessible on our website www.sunnysidecharters.com or by contacting us directly. Notification of discrepancies or alterations for this booking should be made immediately by contacting The Sunny Side Co. Ltd.

The Charterer (you the customer) must be over the age of 18 years old, and in possession of a government issued ID or passport prior to boarding the yacht, all passengers boarding will also be required to provide a current passport for insurance purposes. The charterer is liable for the following terms & conditions.

  • No smoking or Pets on board without prior approval.

  • Cork Fee - 1,000฿ per trip when bringing your own alcohol.

  • Deposit of 50% at the time of booking required, balance due no later than 7 days prior to booking date.

  • Alcohol is available onboard for additional cost, special requests should be made in advance. Prices are based on per drink and due at the completion of the charter.

  • Diving is permitted by experienced certified divers only, at divers own risk, The Sunny Side Co is not liable for diving related accidents or injuries. Instructors can be provided at additional cost

 

PAYMENT

A deposit of 50% of the charter fee will be required at the time of booking. Balance due by or before 7 days of charter date. The price will not normally be subject to change once the deposit has been received by The Sunny Side. Prices may be subject to change. Payment can be made in person by cash, or bank transfer or PayPal. Additional fees, and exchange rate reductions related to issuing payment is the full responsibility of the charterer.

The Charterer is responsible for additional running expenses occurring during the charter such as, pilotage, mooring and docking fees, port chargers, national park fees, cruising taxes and customs, transfer costs, these charges are not part of the charter package.

Any monies paid for the charter booking (including any deposit) will be held by The Sunny Side in a separate account bonded against the risk of financial failure of The Sunny Side until the start date, or earlier cancellation of the charter whereupon the monies will be released against the booking in accordance with this contract.

 

CANCELLATION and NO SHOWS

Cancellations must be made in writing, by the booking party name only, and received by The Sunny Side 14 days or more prior to the booking for a full refund. The date booked with The Sunny Side office will be the date used to determine cancellation charges which are levied on the following scale:

  • If the charterer doesn’t show up, 100% will be charged, no refunds.

  • If the booking is canceled up to 7-14 days prior to the booking date 50% deposit will be non refundable.

  • If the booking is canceled less than 7 days prior to booking, no refunds of the full amount due,, cost paid may be applied to an alternate date upon availability of The Sunny Side Co, for up to 6 calendar months from the original booking date.

 

Weather related changes are accepted, and are at the discretion of The Sunny Side Co. If The Sunny Side believes the conditions are unsafe for sailing, an alternative date will be provided free of charge, according to The Sunny Side’s availability. The Sunny Side Co. retains the right to cancel any trip in case of inclement weather or adverse sea conditions.

 

SKIPPER / HOSTESS

No sailing experience is required when you book a charter with The Sunny Side Co. Our experienced Skipper and crew will be on board the whole duration of the charter. Overnight Charters; one of your berths must be allocated to our skipper. Food and refreshment for the skipper (and/or Hostess) is the responsibility of The Sunny Side during the charter period.

 

Gratuity is not included in the costs of your booking, The Sunny Side requests your generosity to each crew member, 1,000-1,500 per crew member is customary and greatly appreciated.

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SAFETY & DAMAGES POLICY, CAUSED BY CHARTER

This policy outlines the responsibilities and liabilities of charterers regarding damages caused to the vessel, its cargo, or third-party property during the charter period when operated by our crew.

1. Scope

This policy applies to all charter agreements involving our vessels and those partnered with The Sunny Side Co. Ltd, where our or partnered crew will be responsible for the operation and management of the yacht.

3. Definitions

Charterer: The individual or entity that leases the vessel for a specified period.

Damage: Any loss, destruction, or impairment of the vessel, cargo, or third-party property.

Charter Period: The duration specified in the charter agreement/policy during which the charterer has the right to use the vessel.

4. Responsibilities of Charterers

Use of the Vessel

  • Charterers must ensure the vessel is used in compliance with all applicable laws and regulations during the charter period, as within their control.

  • Notification of Damage: Charterers must immediately notify The Sunny Side Co. Ltd of any damage, incident, or accident that occurs during the charter period, even if it occurs while operated by our crew.

  • Cooperation; Charterers agree to cooperate with our crew and vessel owner in the event of an incident that may cause damage.

5. Liability for Damages

  • Charterers will be held liable for any damages caused to the vessel, cargo, or third-party property resulting from their actions, negligence, or breach of the charter agreement, regardless of whether the vessel is operated by our crew.

  • Liability includes, but is not limited to, costs associated with repairs, replacement of cargo, legal fees, and any third-party claims arising from the damage.

6. Indemnification

  • Charterers agree to indemnify and hold harmless the vessel owner and crew from any claims, damages, or expenses arising from the charterer’s actions or omissions during the charter period.

7. Dispute Resolution

  • Any disputes arising under this policy shall be resolved through mediation or arbitration, in accordance with the terms outlined in the charter agreement.

8. Amendments

  • This policy may be amended at any time with written notice to all charterers. All amendments will be effective upon notification.

9. Governing Law

  • This policy shall be governed by and construed in accordance with the laws of Thailand.

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