Terms & Conditions

1. Definitions

• "Service" refers to the fishing charter services provided by Islandique, including all associated activities, equipment, and accommodations.
• "Client" or "You" refers to any individual or entity booking or participating in our charter services.
• "We," "Us," or "Company" refers to Islandique, operating from Kuala Lumpur, Malaysia.
• "Charter" refers to any fishing trip, expedition, or safari booked through our services.
• "Agreement" refers to these Terms and Conditions along with any booking confirmation.

2. Acceptance of Terms

By booking a charter, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our services.

These terms constitute a legally binding agreement between you and Islandique. Your booking confirmation serves as acceptance of this agreement.

You must be at least eighteen years of age to book our services. Minors may participate in charters with adult supervision and guardian consent.

3. Service Description

Islandique provides deep-sea fishing charter services in the South China Sea waters around Malaysia. Our services include:

• Half-day offshore fishing charters
• Two-day sport fishing expeditions
• Five-day South China Sea fishing safaris
• Professional fishing equipment and tackle
• Experienced captains and crew
• Safety equipment and briefings

Multi-day charters include accommodations, meals, and coastal transportation as specified in the service description. Specific inclusions vary by charter type and are detailed in your booking confirmation.

Service availability is subject to weather conditions, vessel maintenance requirements, and crew availability. We reserve the right to modify itineraries for safety reasons.

4. Booking and Payment

Booking Process

To book a charter, you must:

• Complete our booking form with accurate information
• Pay the required deposit to secure your reservation
• Provide emergency contact details and any relevant medical information
• Confirm you have read and agree to these terms

Payment Terms

• Deposit: A fifty percent deposit is required to confirm all bookings
• Final Payment: The remaining balance is due seven days before the charter date
• Currency: All prices are quoted in Malaysian Ringgit (MYR)
• Payment Methods: We accept bank transfers, credit cards, and approved digital payment methods
• Late Payment: Failure to complete payment may result in booking cancellation without refund of deposit

Price Adjustments

Quoted prices are valid for thirty days from the date of quotation. We reserve the right to adjust pricing due to changes in fuel costs, government regulations, or other factors beyond our control. Price changes will not affect confirmed bookings where deposit has been paid.

5. Cancellation and Refund Policy

Client Cancellation

• More than 14 days before charter: Full refund minus ten percent administrative fee
• 7-14 days before charter: Fifty percent refund
• Less than 7 days before charter: No refund
• No-show: No refund

Weather Cancellation

If we cancel a charter due to unsafe weather conditions, you may:

• Reschedule to alternative dates at no additional cost
• Receive a full refund of all payments made

Weather decisions are made at the captain's sole discretion based on marine forecasts and safety considerations. The captain's decision is final.

Operational Cancellation

If we must cancel for reasons other than weather (vessel malfunction, crew illness, etc.), we will offer a full refund or reschedule at your preference. We are not liable for consequential losses such as travel costs or accommodation bookings.

6. Client Responsibilities

As a charter participant, you agree to:

• Arrive at the designated meeting point at the scheduled time
• Follow all safety instructions provided by the captain and crew
• Disclose any medical conditions, disabilities, or physical limitations relevant to charter participation
• Refrain from behavior that endangers yourself, other participants, or crew members
• Not be under the influence of alcohol or drugs during the charter
• Respect vessel equipment and facilities
• Comply with all applicable fishing regulations and license requirements
• Provide accurate contact and emergency information

We reserve the right to refuse service or remove participants who violate these responsibilities, with no refund due.

7. Safety and Assumption of Risk

Deep-sea fishing involves inherent risks. By participating in our charters, you acknowledge and accept these risks, including but not limited to:

• Rough sea conditions and motion sickness
• Potential for injury from fishing equipment or fish
• Exposure to sun, wind, and marine elements
• Physical demands of fishing activities

We implement comprehensive safety measures including:

• Safety briefings before departure
• Emergency equipment and communication systems
• Certified crew with marine safety training
• Regular vessel maintenance and inspections

Participants must follow all safety instructions. Failure to do so releases Islandique from liability for resulting injuries or damages.

8. Limitation of Liability

To the maximum extent permitted by Malaysian law:

• Islandique's liability for any claim related to our services is limited to the amount paid for the specific charter
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for personal property loss, theft, or damage unless caused by our gross negligence
• We are not liable for weather-related cancellations or itinerary changes made for safety reasons
• We are not responsible for fishing success or catch results

Nothing in these terms limits liability for death or personal injury caused by negligence, or other matters where liability cannot be legally limited.

9. Insurance

Islandique maintains comprehensive marine liability insurance covering vessel operations. This insurance does not cover participants' personal injuries, property, or travel disruptions.

Clients are strongly advised to obtain personal travel and medical insurance covering:

• Medical expenses and emergency evacuation
• Trip cancellation and interruption
• Personal property and belongings
• Personal liability

10. Fishing Regulations

All participants must comply with Malaysian fishing regulations, including:

• Holding valid fishing licenses where required
• Respecting size and bag limits for all species
• Following protected species guidelines
• Cooperating with any fisheries enforcement officers

We practice sustainable fishing and encourage catch-and-release for certain species. You retain ownership of your legal catch within applicable limits.

Clients are responsible for any fines or penalties resulting from their violation of fishing regulations.

11. Intellectual Property

All content on our website, including text, images, logos, and design elements, is the property of Islandique and protected by Malaysian intellectual property laws.

Photographs taken during charters may be used by Islandique for promotional purposes unless you explicitly request otherwise in writing.

12. Privacy

Your personal information is handled in accordance with our Privacy Policy, which forms part of this agreement.

We collect and process personal data only as necessary for service delivery and as permitted under the Personal Data Protection Act 2010 of Malaysia.

13. Force Majeure

Islandique is not liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Severe weather conditions or natural disasters
• Government restrictions or maritime closures
• Strikes or labor disputes
• Equipment failure despite proper maintenance
• Public health emergencies

In force majeure situations, we will work with you to reschedule or provide appropriate compensation.

14. Dispute Resolution

Informal Resolution

If you have concerns about our services, please contact us first at [email protected]. We commit to addressing complaints promptly and fairly.

Governing Law

These Terms and Conditions are governed by the laws of Malaysia. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the Malaysian courts.

Mediation

Before initiating legal proceedings, both parties agree to attempt good-faith mediation through a mutually acceptable mediator.

15. General Provisions

Entire Agreement

These Terms and Conditions, together with your booking confirmation and our Privacy Policy, constitute the entire agreement between you and Islandique regarding charter services.

Severability

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision.

Assignment

You may not transfer or assign your booking or these terms without our written consent. We may assign our rights and obligations to another entity operating charter services.

Notices

All notices under these terms must be in writing and sent to the contact addresses provided in Section 16.

16. Contact Information

For questions about these Terms and Conditions, please contact us:

17. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.

Significant changes will be communicated to clients with active bookings via email. Continued use of our services after such changes constitutes acceptance of the modified terms.

Bookings made before term changes remain subject to the terms in effect at the time of booking, unless both parties agree otherwise.