Article 1 – General
1. Pearl of Samui Co., Ltd (PoS hereafter) offers boat tours around Koh Samui and its surroundings under the TAT license number 34/02282.
2. By renting a boat or buying a ticket you are accepting our Terms and Conditions defined hereafter.
Article 2 – Private Charter
1. The minimum rental time for a cruise is two hours. The boat rental and any catering must be fully paid before the cruise start time in cash, by bank transfer or credit card via PayPal. In case any payment must be made at the boat location prior to boarding, such payment will have to be done in cash as we do not have any credit card payment terminal on site.
2. Boat rental from PoS always includes the crew.
3. Reserving the whole boat is possible via email or the PoS’s website.
4. It is not allowed to sublet the boat to a third party
Article 3 – Tours
1. Tours are regular trips that can be booked per person. Purchase of a single ticket is possible through the PoS website or through an accredited Travel Agent.
2. Passengers for a Tour shall be present 10 minutes before departure at the departure point agreed in the booking.
Article 4 – Waiting periods and delays
1. In case of Tours there are no waiting times. This means that if a customer has purchased a ticket and do not show up at the expected boarding time, the boat will not wait for him. He will also not be entitled to a refund of the ticket.
2. In case of a Private Charter the captain will wait up to 1 hour. After this time, the trip will be deemed cancelled by the customer who will therefore not be entitled to a refund of the paid amounts.
3. If the group arrives late, the captain may decide to modify the planned itinerary according to the level of lateness.
4. Waiting time is always cruising time. Waiting time cannot be added at the end of the trip.
Article 5 – Execution of the contract
1. PoS reserves the right to cancel or postpone the trip due to unforeseen weather conditions or mechanical issues. In such a case, an alternative date or a full refund will be offered.
2. PoS reserve the right to change routes as well as start and end locations when weather conditions or other legitimate reasons so require. PoS will, as far as possible, inform passengers thereof in a timely manner.
3. The captain is always in charge. Safety is paramount.
4. In case of misconduct, whether or not caused by alcohol consumption, the captain has the right to pause or immediately terminate the trip. Persons who are already under the influence of alcohol/drugs at the start of the tour, will be denied access to the boat. The customer’s payment obligation remains existent.
5. Passengers must follow all instructions of PoS or its employees promptly and without delay. Access to vessels and jetties may be denied without a reason being provided, should this be deemed necessary by PoS, for example in relation to capacity, safety, public order or the imminent threat of damage or nuisance
Article 6 – Liability of PoS
1. PoS is not liable for any damage to and/or loss of the passenger’s property. The passengers take all their properties on board entirely at their own risk.
2. PoS is not liable for damages to individuals or passengers’ goods, caused by entering or boarding a jetty or boat. The passengers enter these areas entirely at their own risk.
Article 7 – Liability of passenger
1. The passenger is liable for damages caused by the passenger to the property/goods used by PoS or third parties.
2. All activities organized by PoS take place entirely at the passengers’ own risk.
Article 8 – General Liability
1. PoS is not liable for personal injury or damage of any nature, regardless of its cause, prior, during or as a result of the trip. Exception to this is damage caused by a deliberate act or the gross negligence of PoS. The statutory damages are limited to the price of the boat rental of the trip in question.
2. Children fall under the responsibility of the parent(s). Children under the age of 4 are required to sit on their parents’ lap.
3. Should PoS not be able to comply with their obligations due to force majeure, there is no entitlement to restitution or compensation.
Article 9 – Payment and cancellation
1. In the case of a Tour, 100% of the tour ticket price must be paid at the booking time.
2. If the customer cancels his participation in the trip, the ticket price will not be refunded.
3. In case of a private Charter, 50% are due at the booking time, and the remaining 50% are due at latest 7 days before the trip start.
4. In case where the customer cancels his booking more than 7 days before the trip date, the 50% booking deposit will not be refunded.
5. Failing to pay in full the remaining 50% at the latest 7 days before the scheduled start time will be deemed to be a cancellation of the trip by the customer. The 50% booking deposit will not be refunded.
6. In case where the customer cancels his booking within 7 days before the trip date, the trip payment will not be refunded.
Article 10 – Final provisions
1. Passengers shall be deemed to follow the instructions of the crew on quay, jetty and boat.
2. Wearing supplied live jackets is strongly recommended.
3 The passenger is expected to take care of the environment and not to dispose waste in the water. All personal consumptions and the associated waste should be disposed in the appropriate bins available on the boat.
4. Obvious errors and mistakes in the information provided, and/or published by PoS will not bind PoS. The Thai consumer law applies to these general terms and conditions. Disputes must be submitted to the competent court in the place where the consumer or passenger resides.