LEGAL

Terms & Conditions

Last Updated: 28 March 2025

These Terms and Conditions govern all charter services provided by Deepwell ("we," "us," or "our"), operating from 5/3 Yacht Haven Marina, Mai Khao, Thalang, Phuket 83110, Thailand. By submitting a charter enquiry or booking, you ("the guest") agree to the terms set out below. Please read them carefully before confirming any booking.

1. Definitions

• "Charter" — any Deepwell yacht trip, including day and multi-day departures
• "Guest" — the individual or group booking the charter
• "Lead Guest" — the person making the booking on behalf of all passengers
• "Departure Date" — the confirmed date and time of the charter's scheduled start
• "Vessel" — the yacht assigned by Deepwell for the confirmed charter

2. Booking & Confirmation

A charter booking is considered enquired but not confirmed until Deepwell has issued a written booking confirmation and a deposit has been received. All bookings are subject to vessel and crew availability at the time of confirmation.

The Lead Guest is responsible for providing accurate passenger details, including names, nationalities, and any relevant health or medical information prior to departure. The Lead Guest accepts these Terms on behalf of all passengers in the group.

Deepwell reserves the right to decline a booking at its discretion, including where requested itineraries fall outside our operational range or safety standards.

3. Pricing & Payments

All prices are quoted in Thai Baht (฿). Prices are as published on our website at the time of enquiry and are subject to change without notice for future bookings. Your confirmed price is fixed once a deposit has been received.

• A 50% deposit is required to confirm a booking
• The remaining balance is due no later than 7 days before the departure date
• For bookings made within 7 days of departure, full payment is required at the time of confirmation

Payments may be made by bank transfer or other methods agreed upon in writing. Any bank transfer fees are the responsibility of the guest.

4. Inclusions & Exclusions

Each charter type includes the items listed on our website at the time of booking. Unless explicitly stated in writing, the following are not included in the charter price:

• Alcoholic beverages beyond any specified allowance
• Diving equipment rental and dive instruction fees
• Gratuities for crew
• Personal travel insurance
• Transportation to and from Yacht Haven Marina
• Any additional onshore excursions or activities not arranged by Deepwell

For multi-day charters, national park entry fees and fuel are included as noted in the charter description.

5. Cancellation by the Guest

Cancellations must be submitted in writing (by email to the address provided in your booking confirmation). The following cancellation schedule applies:

• 30 or more days before departure — deposit refunded in full, less any bank transfer costs incurred
• 15–29 days before departure — 50% of the total charter price is retained
• 7–14 days before departure — 75% of the total charter price is retained
• Less than 7 days before departure — 100% of the total charter price is retained

We strongly encourage guests to purchase comprehensive travel insurance that includes trip cancellation cover prior to confirming a booking.

6. Cancellation or Amendment by Deepwell

Deepwell may need to alter or cancel a confirmed charter in the following circumstances:

• Severe weather or sea conditions judged unsafe by the captain
• Mechanical failure or vessel safety concerns
• Regulatory or port authority restrictions
• Force majeure events (see Section 12)

Where Deepwell cancels prior to departure for reasons within our control, we will offer a full refund or an alternative departure date at no additional charge. Where cancellation occurs due to weather or force majeure, we will offer rebooking on a best-efforts basis. Deepwell is not liable for non-refundable costs incurred by guests (such as flights or hotel bookings) in connection with a cancelled charter.

7. Weather & Sea Conditions

The Andaman Sea is subject to seasonal weather changes, including the southwest monsoon season (typically May through October). While we operate year-round, charter routes and departure times may be adjusted based on conditions prevailing at the time of departure.

The captain holds final authority over all navigation and safety decisions, including the decision to shorten a charter, alter the route, or return to port early if conditions are deemed unsuitable. No refund or partial refund is issued where a charter is curtailed solely due to weather conditions encountered during the trip, unless the charter is terminated significantly short of its planned duration through no fault of the guest.

8. Passenger Conduct

Guests are expected to follow the reasonable instructions of the captain and crew at all times. The captain has the authority to refuse embarkation or disembark any passenger who:

• Appears to be under the influence of alcohol or substances to a degree that poses a risk to themselves or others
• Behaves in an aggressive, threatening, or disruptive manner
• Refuses to comply with safety briefings or instructions
• Tampers with vessel equipment or safety gear

No refund will be issued where a guest is asked to leave the vessel due to conduct. The Lead Guest is responsible for the conduct of all passengers in their group.

9. Health & Safety

Guests with pre-existing medical conditions, mobility limitations, or significant health concerns are encouraged to disclose this information prior to booking. This helps us ensure the charter is suitable and that appropriate accommodations or precautions can be made.

Children under 12 must wear a personal flotation device (PFD) at all times while on deck. PFDs are provided onboard. Guests with weak swimmers in their group should make this known at the time of booking.

Deepwell does not provide scuba diving instruction or supervision. Where diving is arranged through partner operators at anchorage points, those services are governed by the partner operator's own terms and standards.

10. Liability

Deepwell takes reasonable care to operate charters safely and in accordance with applicable Thai maritime regulations. However, participation in any charter activity involves inherent risks associated with open-water sailing and marine environments.

To the fullest extent permitted by applicable law, Deepwell's liability for any loss, injury, or damage arising from a charter shall be limited to the amount paid by the guest for that charter. Deepwell is not liable for:

• Loss or damage to personal property brought aboard
• Personal injury arising from a guest's failure to follow safety instructions
• Indirect or consequential losses of any kind
• Services or activities provided by third-party dive or tour operators

Guests are strongly advised to hold their own travel and medical insurance that covers ocean activities.

11. Environmental Responsibility

Deepwell operates within Thai national marine park regulations. Guests must not:

• Remove coral, shells, marine life, or any natural material from the water or seabed
• Deposit waste of any kind in the sea
• Use sunscreen products known to harm coral reefs (mineral-based sunscreen is recommended)
• Feed or disturb marine wildlife

Any fines or penalties levied against Deepwell directly caused by a guest's breach of environmental regulations will be the responsibility of the relevant guest.

12. Force Majeure

Deepwell is not liable for cancellations, delays, or failures to perform arising from events beyond our reasonable control, including but not limited to: natural disasters, acts of government or regulatory authority, port closures, civil unrest, epidemics, or extreme weather events. In such circumstances, Deepwell will make reasonable efforts to offer alternative dates.

13. Governing Law

These Terms and Conditions are governed by the laws of the Kingdom of Thailand. Any disputes arising from a booking or charter shall first be addressed through good-faith discussion. Where resolution cannot be reached, disputes shall be subject to the jurisdiction of the courts of Phuket Province, Thailand.

14. Amendments to These Terms

Deepwell may update these Terms from time to time. The version in effect at the time of your booking confirmation applies to your charter. We encourage you to review this page before confirming a new booking.

15. Contact

For any questions about these terms:
Phone: +66 76 271 594
Email: [email protected]
Address: 5/3 Yacht Haven Marina, Mai Khao, Thalang, Phuket 83110, Thailand