SY Dakota (SY Dakota) offers luxury sailing charter cruises in Langkawi.

Any reference to “you” in these terms and conditions includes any agent acting on your behalf.

Booking and Payments

A booking request can be made by you on our website or it may have been made through your agent. After receiving the booking request, if the request is accepted, SY Dakota will then send you an invoice stating the amounts to be paid in total by you (charter fee) and as deposit. The dates these amounts are to be paid by will be stated as well.

Fees

The deposit is 50% of the total charter fee and due no later than 7 days after the invoice has been sent. SY Dakota will reserve your cabins/the yacht according to your request for the period of those 7 days. After depositing, please inform SY Dakota of your payment. Upon receiving this payment SY Dakota will immediately send you or your broker a booking confirmation.

Payment Dates

The balance has to be paid in full no later than 4 weeks before the departure date. Bookings made less than 4 weeks before departure are to be paid in full and within 7 days after the invoice has been sent. Late payment may be regarded as cancellation of your booking whereupon your booked space may not be secured. In this case, the relevant cancellation fees may apply.

Payment Details

Payments will have to be made in the currency quoted on the invoice by bank transfer. All bank or credit card charges will be borne by the payer.

Guest Details

Guests are required to submit to SY Dakota their personal information (such but not limited to passport details etc.) as requested by SY Dakota upon booking.

Altering of a Booking

Provided it does not interfere with the schedule, SY Dakota does not charge any fees for minor alterations to the booking. Major alterations, which do interfere with the booking schedules, may be treated as cancellations and re-bookings whereupon the relevant fees may apply.

Cancellation by the Guest

SY Dakota needs to be notified of booking cancellations by email. Cancellations made less than 7 days prior to the scheduled charter are non-refundable, unless otherwise agreed by SY Dakota. Cancellations in excess of 7 days are also non-refundable but will instead be converted to a credit voucher for a rescheduled charter at another suitable and agreed time.

Cancellation

If prior to commencement of the charter, SY Dakota cancels the booking or the entire charter, the guest shall be entitled to full reimbursement of all payments made without interest or a credit voucher, at their choice. The guest shall not be entitled to any compensation or penalty payments. In the event of any causes beyond our reasonable control (e.g. a force majeure event), including but not limited to acts of god, natural disasters, acts of war or terrorism, pandemic or endemic, strike, orders, regulations of the government, local weather or sea conditions etc., SY Dakota will bear no responsibility for not providing its services, accommodation, meals, transportation or any other services.

If during the charter period, the yacht is disabled by breakdown of machinery, grounding, collision or any other cause so as to prevent reasonable use of the yacht by the guests, SY Dakota shall make a pro rata refund of the charter fee for the period of disablement.

A modern yacht contains many pieces of machinery and equipment, which have to work in the harsh marine environment. Although the yacht is well- maintained, equipment breakdown can occur. As long as the quality of the trip is not unduly affected in the event of equipment breakdown, such a breakdown, by itself, is not a ground for refund.

Any credit voucher has a life of 2 years from the date of issue and then expires and becomes immediately void.

Liability

SY Dakota is not responsible for theft or loss of money or any other valuables or items of any kind on board the yacht or elsewhere.

The yacht is insured against fire, damage, marine collision, risks and hazards of the voyage, including engine, hull and yacht equipment, for any and all casualty and loss or damage that may occur to or be suffered by the yacht or crew for the full term of the charter period. Coverage is excluded for loss of cash, negotiable instruments, precious metals or stones, valuables or objects of a rare or precious nature, belonging to persons.

SY Dakota will not be held responsible for any injury or loss suffered by any guest, or any loss, damage, injury, infection or pain suffered by either the guests’ persons or property, during the term of the charter. More specifically, but without limiting the foregoing, SY Dakota and the yacht’s insurance underwriters accept no responsibility for accidents, injuries or death due to any activities, including but not limited to, diving, snorkelling, swimming, water skiing, surfing, windsurfing, sea kayaking, or hiking, no matter whether any equipment had been supplied by SY Dakota or by the guest.

Any damage to the yacht caused by a guest on the charter will be their responsibility and their cost and must be paid for by the guest. Where deemed necessary, SY Dakota may demand a credit card pre-authorisation amount prior to boarding to cover any loss or damage caused by you or your guests on the charter. This authorisation will be removed at the end of the charter provided it’s not necessary to use.

Upon boarding, all guests are required to sign a liability waiver.

Personal Insurance & Health

As there is an inherent risk in activities like sailing and holidays in tropical areas, guests are required to have sufficient insurance covering all activities and sports they intend to undertake. The nature of a charter may render it unsuitable for anybody with physical disabilities or undergoing medical treatment. The guests warrant their medical fitness for the cruise. The guests undertake to have all necessary vaccinations for the countries or regions to be visited. If any guest has a medical condition that may possibly impede their safe enjoyment on the charter they must disclose to Cirka prior to boarding.

Itineraries

The final decision regarding the itinerary always lies with the captain of the yacht and may be impacted by weather conditions, official regulations, or other circumstances.

Should local authorities or force majeure prevent the cruise from taking place where planned, then the cruise will take place in a close-by location, if possible.

Passports, Visas and Government Fees

The authorities may charge various fees for entering the certain sailing areas. These fees are not included in the SY Dakota charter rate. The rate of the government fees is subject to changes and will be communicated to guests if an applicable cost, prior to the charter.

Guests undertake to have all necessary visas and/or documents.

Information Provided

The information SY Dakota provides regarding the yacht, equipment, region, itineraries, crew, arrival/ departures and all other aspects of the charters is correct to the best of SY Dakota’s knowledge. However, SY Dakota does not guarantee the correctness of any such information and reserves the right to change any of the above as circumstances dictate without prior notice.

Children

If children are taken on board, the guests shall be fully responsible for their conduct and entertainment and neither SY Dakota nor any member of the crew shall be held responsible for their conduct or entertainment.For cabin charters, children younger than 16 can only be accommodated on board upon special request. This clause does not serve as a guarantee for guests that there will be no small children on board.

Alcoholic Beverages

Guests may bring their own alcohol on board. Safe consumption of alcohol must be observed at all times.

Behaviour on Board

The guests shall comply with the laws and regulations of any country into whose waters the yacht shall enter during the course of the cruise. The guests shall ensure that no pets or other animals are brought on board the yacht without the consent in writing of SY Dakota or of the captain.

Guests shall ensure that their behaviour shall not cause a nuisance to any person or bring the yacht into disrepute. Guests shall afford each other and the crew due respect at all times. Questions or disagreements have to be settled calmly and without disturbing other guests.

At the complete discretion of the captain, any guest may be removed from the yacht for unacceptable behaviour (at the nearest safe disembarking area, which may include another vessel) and that guest will not be entitled to any refund or reimbursement of any costs whatsoever.

If a guest commits any offence against the laws and regulations of any country which results in any member of the yacht’s crew being detained, fined or imprisoned, or the yacht being detained, seized or fined, the responsible guest shall indemnify SY Dakota and the crew members against all loss, damage and expense incurred.

It is specifically understood that the possession or use of any illegal drugs or weapons (including particularly firearms) is strictly prohibited on board the yacht and failure to comply shall be sufficient reason for SY Dakota or the captain to terminate the contract forthwith without refund or recourse against SY Dakota.

Captain’s discretion applies

To ensure the safety of guests, crew and the yacht at all times, the captain’s opinions and decisions will be considered final and undisputable at all times.

Complaints

Should a guest have a complaint during the trip, he or she is to inform the captain of the yacht. The captain will do the utmost to rectify the problem. If the outcome is not satisfactory, the guest will have to inform SY Dakota in writing within 30 days after the end of his cruise, either directly or via his or her local agent. The matter will be viewed and should it be deemed fair, the guest will have his or her trip partly or wholly reimbursed.

Complaints, which have not first been expressed during the cruise and addressed accordingly by the captain, will not be taken into consideration. To handle complaints, SY Dakota requires the original letter from the guest, signed by the guest.

In case of legal disputes, the law of Australia shall apply. Any dispute, controversy or claim relating to the contract shall be resolved in English.

By making payment of our booking fee you acknowledge reading and agreeing to the above terms and conditions of charter.