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Terms & Conditions
Terms and conditions of hire: Boat Rentals Pattaya Co. Ltd. (BRP)
- In this document the pronouns ‘you’ and ‘your’ refer to the Customer and or Hirer, and the pronouns ‘I’, ‘us’, ‘our’ and ‘we’ and initials “BRP” refer to BOAT RENTALS PATTAYA Co. Ltd. The hirer is the person who arranges the rental of the boat. A person MUST be nominated as the hirer before departure, without exception. In the event that the tour is organized as unrelated groups each individual is deemed to be the hirer except where someone is under 18 in which case the adult who supervises them is the responsible hirer.
- This document is subject to change at any time. The current version is displayed on board the vessel Edina. This document is governed by the laws of Thailand and any disputes are subject to the decisions of the courts of Thailand.
- The hirer of the boat is responsible for making aware that all of their guests are familiar with these terms and conditions and the hirer agrees to be held responsible for any breach of these terms and conditions by their guests.
- A deposit of 50% of the rental is required to secure your booking. Bookings are secured on a first pay – first in basis. Confirmation of the booking is only made after cleared funds are received by us. Cash transactions are in Thai Baht, credit cards will be billed in Australian dollars at the appropriate exchange rate and PayPal transactions can be made in Australian or US dollars or Thai Baht. When making a payment you must ensure that any fees, charges and foreign exchange charges are taken into account at your end. All prices are in Thai Baht or their equivalent after accounting for fees and charges. Shortages in amounts transferred may result in our non-acceptance of the booking.
- Payment in full for the vessel rental and any food or prepaid extras must be made to our nominated representative on board BEFORE departure. No exceptions. If you cannot pay or give suitable guarantees before leaving you will not be going. If you are collecting contributions from your group, either do so beforehand or put the money up yourself. We are not a financial institution and are not allowed to give loans.
- BRP reserves the right to refuse passage to any group or individual at our sole and absolute discretion.
- The captain has been instructed to not permit any behavior that would endanger passengers, the vessel or its equipment. The decision of the captain is final.
- Diving from the top deck is strictly prohibited. Failure to observe this rule will result in immediate termination of the trip and return to port. There will be no refund made in this circumstance.
- In accordance with maritime law ALL instructions from the captain MUST be obeyed.
- Some of the equipment on board is subject to an additional fee for use. Any fees must be paid to our representative on board before use unless prior arrangement in writing has been made with management. Use of credit cards may incur an additional fee.
- Where deposits or security bonds are required no interest is payable. If using credits cards you unconditionally warrant that the funds are available and that you will not dispute any charges made to your card by BRP. You further warrant that should funds not be immediately available or in the event of a dispute that you will reimburse BRP for all reasonable costs incurred in recovering any outstanding debt. A minimum recovery fee of USD100 (or the equivalent in Thai Baht) will be charged for failure to immediately settle any outstanding debt.
- Any damage caused must be paid for, or acceptable guarantees and arrangements must be made, BEFORE the boat will return to port. Failure to offer an acceptable guarantee or negotiate a suitable arrangement with BRP will result in the appropriate authorities being involved.
- BRP will not be held responsible for any injury or death resulting from unsafe activities. We accept no responsibility for any accidents, loss or damage to personal property regardless of the circumstances. Children must be supervised at all time by a responsible adult. We run a boat, not a babysitting service. We do not stock lifejackets for minors. If you have infants or small children you are advised to bring your own safety equipment.
- Entry to and the use of the vessel and its equipment is conditional on your full and total acceptance of all terms and conditions of hire contained in this and any related documents.
- Photography on board is permitted but any image of BRP property or staff remains the property of BRP. Images may be used for private purposes without restriction but may not be used in any commercial manner or distributed in any way whatsoever (other than privately) without prior written permission from BRP. Images taken by BRP staff or associates remain the sole and exclusive property of BRP and you consent to their use in any manner by BRP, including but not limited to advertising and promotional material.
- As part of our licensing arrangements security cameras are installed on board. You accept that you may be photographed or recorded. BRP warrants that images from security cameras will only be used in the event of disputes, theft, damage or other circumstances where images of this nature are required. BRP will never distribute or pass on security images to a third party unless required by law or as required to defend or settle any claim where such images would assist in a fair and timely resolution.
- BRP staff are encouraged to undertake a “responsible service of alcohol” and as such may refuse to serve anyone who in their opinion is intoxicated or behaving in an inappropriate manner. The decision of BRP staff in this regard is final. Minors will not be served alcohol or sold cigarettes UNDER ANY CIRCUMSTANCES. Minors are not permitted to consume alcohol on board.
- Use of the inflatable boat (and outboard motor), jet-ski and/or “donut” are at the sole discretion of BRP. There is no guarantee that these items will be available for use on any given day.
- No person under the age of 18 will be allowed to operate the jet-ski or motorized inflatable boat, regardless of their experience. Availability of motorized watercraft is at the sole discretion of BRP staff. All instructions relating to the operation and use of motorized watercraft given by BRP personnel must be adhered to. To ensure safety, failure to follow any instruction given by BRP staff will result in the rental being immediately terminated without refund.
- Use of motorized watercraft requires lodgment of a guarantee and a completed rental contract before use. Suitable identification must be provided when lodging the contract with BRP staff. We suggest a copy of your passport and a valid (original) drivers license. We have the facility on-board to safely store these items. A guarantee in the form of a credit card or cash will be required. BRP reserve the right to gain a credit card pre-authorisation prior to agreeing to rental. It is the renter’s responsibility to ensure that sufficient funds are available to allow for this pre-authorisation.
- Glass is not permitted on board for use with drinks due to the safety hazard. Any glass implements will be stored during the trip for safe keeping and returned to you at the conclusion of the trip. Where bottled drinks are involved, coolers, commonly known as “beer condoms” MUST be used to prevent breakage. Our staff will remove any unprotected bottles to ensure the safety of passengers.
- Due to the extreme risk of fire hazard, charcoal BBQs are not permitted on board. If you wish to use BBQs of this type you may do so on one of the islands. You must ensure that the BBQ is completely rendered inactive before attempting to re-board the boat. BRP staff will refuse to re-board passengers until the BBQ is rendered safe. BRP has 2 gas BBQs on board and their use is free of charge on board. There may be a small fee if you wish to use them on one of the islands.
- From time to time some beaches are not normally available to the public e.g. Ko Phai. If you wish to use these beaches any “fees” are payable to the authorities directly and are in addition to any costs related to hire or use of our facilities.
- Credit cards can be used for payment and we have an online processing facility. We do NOT accept American Express and only accept Visa and Mastercard for our online processing. All payments will be converted to Australian dollars and a 5% surcharge will be added to the billable amount. Where we process the transaction through PayPal transactions will be made in Thai Baht and a 5% service fee will be added in addition to any fees and charges from PayPal.
- There will be no entitlement to refund or compensation in the event that the cruise is terminated for any failure by you or your guests to observe these terms and conditions or any reasonable instructions from the BRP crew or staff.
- When a deposit is made for a trip the deposit will only be returned in the event that BRP is unable to fulfill its obligations due to circumstances which are under the control of BRP. BRP is not responsible for weather conditions, insurrection, acts of terrorism etc. BRP are under an obligation to follow directions from Thai authorities and we have no control over such directions. If in the opinion of BRP management use of the vessel would endanger anyone or the vessel itself BRP will allow you to use the deposit as credit toward an alternate date or come to an alternative arrangement at BRP’s sole discretion. Cancellation or change of date for bookings (except holidays and the surrounding days) is permitted only 14 days before the scheduled trip. In the event that a cancellation or date change is requested between 7 and 14 days before the scheduled trip BRP will refund or reallocate the deposit only if an alternate customer is found for that particular booking time. No refunds or reallocation are available where cancellation is done 7 days or less from the booked date. Refunds / reallocation of deposits incur a 10% processing fee in addition to any fees or charges related to returning the payment. Cancellation of bookings for holidays and the surrounding days are not permitted and will result in forfeiting the deposit.
- Gambling or other illegal activities that contravene Thai laws are not permitted on the boat whilst in Thai waters. BRP will not be held responsible for any illegal activities undertaken and the hirer warrants to hold blameless all BRP staff and directors from any association with illegal activities. All expenses incurred by BRP in defending accusations against illegal activities will be borne by the hirer.
- Variation to these terms and conditions may only be made by the Managing Director of BRP or under his written authority.
IMPORTANT NOTICE: Your presence on board is an indication of your complete acceptance of the entire contents of this document and associated documents that are available, and on display, on board. If you do not fully accept, you must leave the boat immediately.
© 2010 Boat Rentals Pattaya Co. Ltd. Hire terms and conditions. Rev 1012ag
© 2010 Boat Rentals Pattaya Co. Ltd. Hire terms and conditions. Rev 1012ag
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