Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of yacht charter services provided by windloyna, operating from 11 Jalan Teluk Bahang, 11050 Penang, Malaysia. By booking a charter or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not book or use our services.

2. Service Description

windloyna operates three types of yacht charters in Malaysian waters: National Park Coastal Cruise (3 hours), Penang to Langkawi Day Passage (full day, one-way), and Northern Strait Explorer (3 days, 2 nights). Each charter includes vessel use, qualified crew, safety equipment, and specified provisions as detailed in our service descriptions.

Charter itineraries may be adjusted based on weather conditions, sea state, or safety considerations at the skipper's discretion. We reserve the right to modify departure times, routes, or anchorages to ensure safe operations.

3. Booking and Payment

Reservations:

Bookings are confirmed upon receipt of a 30% deposit. The remaining balance is due seven days prior to the charter date. Reservations are not confirmed until the deposit is received and you receive written confirmation from us.

Payment Methods:

We accept payment via bank transfer to designated accounts. All fees are quoted in Malaysian Ringgit (MYR). You are responsible for any bank fees or currency exchange charges associated with your payment.

Pricing:

Charter fees include vessel use, crew, fuel for standard routes, and specified provisions. Additional costs may apply for route extensions, special requests, or services not included in the standard charter package. Any additional charges will be communicated before being incurred.

4. Cancellation and Refund Policy

Cancellations by Guest:

• More than 14 days before charter: Full deposit refund minus MYR 200 administrative fee
• 7-14 days before charter: 50% of total charter fee refunded
• Less than 7 days before charter: No refund

Weather Cancellations:

If we cancel a charter due to unsafe weather conditions, you will receive a full refund or the option to reschedule without penalty. Weather assessments are made at our sole discretion based on forecasts and safety protocols.

Force Majeure:

Neither party is liable for delays or cancellations caused by events beyond reasonable control, including severe weather, natural disasters, government restrictions, or other force majeure events.

5. Guest Responsibilities

You agree to:

• Provide accurate information about all passengers, including medical conditions that may affect safety
• Arrive at the designated departure location at the specified time
• Follow all safety instructions and crew directions
• Behave in a manner that does not endanger yourself, other guests, crew, or the vessel
• Refrain from alcohol or substance use that impairs judgment or creates safety risks
• Respect vessel equipment and marine environments
• Comply with Malaysian maritime regulations and park rules where applicable

6. Safety and Medical Information

All passengers must disclose any medical conditions, medications, or physical limitations that could affect their participation in the charter. Failure to disclose relevant medical information may result in denial of boarding without refund.

Passengers participate in charters at their own risk. While we maintain safety equipment and follow established protocols, maritime activities involve inherent risks. Passengers should be comfortable being on water and able to move safely around a vessel.

7. Limitation of Liability

To the maximum extent permitted by Malaysian law, windloyna's liability for any claims arising from charter services is limited to the amount paid for the charter. We are not liable for indirect, incidental, consequential, or punitive damages.

We maintain appropriate marine insurance, but we are not responsible for loss, damage, or theft of personal belongings. Passengers are advised to secure their own travel and personal property insurance.

8. Assumption of Risk

By participating in a charter, you acknowledge that maritime activities involve inherent risks including but not limited to: motion sickness, weather changes, equipment failure, and the remote possibility of serious injury. You voluntarily assume these risks and agree to hold windloyna harmless for injuries or losses that may occur, except those resulting from our gross negligence or willful misconduct.

9. Skipper Authority

The skipper has final authority over all decisions related to vessel operation, safety, and itinerary. The skipper may refuse boarding or require disembarkation of any passenger who poses a safety risk or fails to comply with instructions. No refund will be provided in such cases.

10. Insurance

We maintain comprehensive marine insurance including hull and machinery coverage, third-party liability, and passenger protection as required by Malaysian maritime regulations. Certificate of insurance is available for inspection upon request.

11. Privacy

We collect and process personal information in accordance with our Privacy Policy. By using our services, you consent to such processing. For details, please review our Privacy Policy.

12. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of windloyna or its licensors and is protected by Malaysian and international copyright laws. You may not reproduce, distribute, or create derivative works without our express written permission.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any charter-specific agreements, constitute the entire agreement between you and windloyna regarding our services. They supersede all prior or contemporaneous communications and proposals.

16. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Effective Date." Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms, please contact us: