Terms & Conditions
Last Updated: 18 March 2025 · Effective Date: 18 March 2025
1. Introduction
These Terms and Conditions govern the use of charter services provided by Seawhisper, operating from 37 Laem Hin Pier Road, Koh Sirey, Phuket 83000, Thailand ("Seawhisper", "we", "us", "our").
By making an enquiry, submitting a booking deposit, or boarding a vessel operated by Seawhisper, you ("the guest", "you") agree to these terms. If you do not agree, please do not proceed with a reservation. Questions about these terms may be directed to [email protected].
2. Reservations and Deposits
A reservation is considered confirmed only after a deposit is received and acknowledged in writing by Seawhisper. The required deposit is 50% of the total charter fee, payable within 48 hours of receiving our confirmation email. The remaining balance is due no later than 72 hours prior to the scheduled departure.
Deposits may be paid by bank transfer to the account details provided in our confirmation email. Cash payments at the pier are accepted for the balance only. We do not accept cheques.
3. Cancellation and Changes
Cancellation terms are as follows:
| Notice Given | Refund of Deposit |
|---|---|
| 14 days or more before departure | Full deposit refunded |
| 7 to 13 days before departure | 50% of deposit refunded |
| 3 to 6 days before departure | 25% of deposit refunded |
| Less than 72 hours before departure | No refund |
Date changes (reschedules) may be accommodated subject to availability and must be requested in writing at least 7 days before the original departure date. One reschedule per booking is offered without a change fee; subsequent changes may incur an administrative charge of ฿1,500.
Seawhisper strongly recommends that guests obtain travel insurance that covers trip cancellation.
4. Weather, Safety, and Cancellation by Seawhisper
The captain's authority on matters of safety is final and absolute. If, in the captain's judgement, sea conditions, weather forecasts, or any other safety concern make a departure inadvisable, the charter may be postponed or modified without prior notice.
In the event of cancellation by Seawhisper due to weather or vessel maintenance:
A full refund of all payments made will be provided, or
An alternative date, subject to availability, will be offered at no additional cost.
Seawhisper is not liable for any consequential costs (such as travel, accommodation, or flights) arising from a weather-related cancellation.
5. Guest Responsibilities
Guests agree to:
Arrive at the designated departure point no later than 30 minutes before the scheduled start time. Late arrivals may result in a shortened charter duration without refund.
Follow all safety instructions provided by the captain and crew without delay.
Behave responsibly and with respect toward other passengers and crew at all times.
Disclose any relevant medical conditions or mobility limitations at the time of booking, particularly for multi-day expeditions.
Ensure that all members of the party, including minors, are accounted for and supervised appropriately.
Refrain from bringing controlled substances or weapons aboard any Seawhisper vessel.
6. Liability and Indemnity
Seawhisper carries public liability insurance appropriate to charter operations in Thai waters. Our liability to any individual guest is limited to the total charter fee paid for the relevant booking.
We are not liable for loss, theft, or damage to personal belongings brought aboard. Guests participate in water activities (swimming, snorkeling) entirely at their own risk and are advised to disclose any health conditions or non-swimmers in the group before departure.
Nothing in these terms limits liability for death or personal injury caused by our negligence.
7. Permitted Use of the Vessel
The vessel is chartered for leisure use only, within the waters described for the relevant itinerary. Guests may not:
Operate the vessel themselves unless specifically agreed in writing in advance.
Invite additional guests beyond the agreed passenger count without prior approval.
Use the vessel for commercial purposes, filming, or events without a separate written agreement.
Direct the captain to navigate outside of the agreed operating area or in conditions the captain considers unsafe.
8. Alcohol and Conduct
Moderate alcohol consumption is permitted onboard. The captain reserves the right to refuse boarding or request disembarkation at the nearest safe point if any guest is deemed to be under excessive influence of alcohol or substances, or is behaving in a manner that poses a risk to others.
No refund will be issued in such circumstances. Seawhisper bears no liability for costs incurred as a result of disembarkation under this clause.
9. Damage to the Vessel
Guests are responsible for any damage caused intentionally or through gross negligence. Seawhisper will provide written notification of any such damage within 72 hours of the charter's conclusion, along with a repair estimate. Disputes regarding damage assessments may be referred to an independent marine surveyor at the cost of the disputing party.
10. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Kingdom of Thailand. Any disputes arising from or relating to these terms shall be subject to the jurisdiction of the courts of Phuket Province.
11. Updates to These Terms
Seawhisper may update these terms periodically. The current version is always available on this page. Bookings made after any revision date are subject to the updated terms. Existing confirmed reservations retain the terms applicable at time of deposit.
12. Contact
For questions about these terms or your booking:
Email: [email protected]
Phone: +66 76 512 839
Address: Seawhisper, 37 Laem Hin Pier Road, Koh Sirey, Phuket 83000, Thailand