In these Terms and Conditions, the following capitalised words carry the meaning given below.

"Agency", "we", "us" or "our" means Faraway Yachting, a yacht-charter brokerage trading from 40/1 Moo 9, Chalong, Mueang Phuket District, Phuket 83130, Thailand.

"Client", "you" or "your" means the natural or legal person who enquires about, requests, or books a Charter through us.

"Charter" means the rental of a yacht (with or without professional crew) from an Operator, arranged with our assistance.

"Operator" means the independent yacht owner, charter company, or fleet manager who supplies the yacht and, where applicable, the crew. The Operator — not the Agency — is the contractual provider of the Charter.

"Charter Contract" means the binding agreement entered into directly between the Client and the Operator for a specific Charter, including any standard MYBA, BARECA, ICC, or operator-issued contract.

"Website" means faraway-yachting.com and any sub-domains operated by us.

Faraway Yachting acts solely as a broker and intermediary between Clients and Operators. We do not own, captain, crew, or insure the yachts we list, save where this is expressly stated in writing.

For every Charter, the legal supplier of the yacht and any included services (crew, fuel, provisioning, transfers) is the Operator. The Charter Contract is signed between the Client and the Operator. Faraway Yachting is not party to that contract and is not liable for the Operator's performance, save for our own brokerage obligations as set out below.

Our duties as broker are: to advise the Client in good faith on yacht selection, to disclose any material information known to us about an Operator or yacht, to forward all sums correctly between Client and Operator, and to provide reasonable assistance during the planning, embarkation, and post-charter phases.

A booking becomes binding when the Client has (a) signed the Charter Contract issued by the Operator, and (b) paid the deposit specified in that contract. Until both conditions are met, any proposed yacht, route, or date remains an offer subject to availability.

Unless the Charter Contract states otherwise, the standard payment schedule is fifty per cent of the Charter fee on signature, with the balance due not less than forty-two days before the Charter start date. For bookings made within forty-two days of departure, the full Charter fee is due on signature.

All payments are made to the bank account named on the Operator's invoice, or to the Agency's client-account where the Operator has instructed us to collect on their behalf. Card and bank-transfer fees, where charged by the receiving bank or processor, are borne by the Client.

A refundable security deposit (typically held against accidental damage and excessive consumables) is payable on or before embarkation, directly to the Operator. The amount and form (cash, card pre-authorisation, dedicated damage-waiver insurance) is specified in the Charter Contract.

Cancellation by the Client. If the Client cancels the Charter, the cancellation terms in the Charter Contract apply. As a typical reference (your specific contract prevails), most Operators apply a sliding scale: cancellations more than ninety days before departure forfeit the deposit; cancellations between forty-two and ninety days forfeit fifty per cent of the Charter fee; cancellations within forty-two days forfeit one hundred per cent.

Cancellation by the Operator. If the Operator cancels the Charter for reasons within their control (mechanical failure, fleet reshuffle, double-booking), the Client is entitled to a full refund of all sums paid to that Operator, or — where the Client agrees — a replacement yacht of equivalent or superior specification at no additional cost.

Brokerage fee. Where a non-refundable brokerage fee has been separately disclosed and invoiced by the Agency, this fee remains payable on a cancellation by the Client. It is refunded in full on a cancellation by the Operator.

We strongly recommend that every Client takes out comprehensive Charter cancellation insurance from the moment of booking. We are happy to recommend reputable providers; we do not earn commission on these policies.

Neither the Agency, the Operator, nor the Client is liable for failure to perform the Charter Contract where performance is prevented or substantially impeded by circumstances beyond reasonable control. These include but are not limited to: weather conditions making safe departure or continuation impracticable, port or maritime authority closures, acts of war or terrorism, civil unrest, epidemics or pandemics, governmental restrictions, strikes, and fire or natural disaster affecting the yacht or its base.

Where a Charter is curtailed or abandoned for a force majeure reason at sea, the captain's decision on safety is final and is not a breach of contract. The Operator will, in good faith, propose a partial refund, credit toward a future Charter, or alternative arrangement; this is not an automatic right unless stipulated in the Charter Contract.

Where a Charter has not yet commenced and force majeure prevents departure, the parties will negotiate in good faith to reschedule. Where rescheduling is impossible, refunds follow the Charter Contract and any applicable insurance policy.

The Client warrants that all guests on board are over eighteen, or accompanied by a parent or legal guardian who accepts responsibility for them. The Client undertakes that all guests will: comply with the lawful instructions of the captain and crew; observe all maritime, customs, and immigration regulations of the cruising area; not bring or use any illegal substances on board; and treat the yacht, crew, and other guests with respect.

The captain has unrestricted authority to alter the itinerary, refuse to enter a port, or terminate the Charter where, in their reasonable judgement, the safety of the yacht or any person on board requires it. The captain may also disembark a Client or guest at the next safe port for serious misconduct, intoxication endangering safety, or refusal to follow safety instructions; no refund is owed for the unused portion in that case.

The Client is liable to the Operator for any loss or damage to the yacht, its equipment, or third-party property caused by the Client or their guests beyond fair wear and tear. The security deposit is applied first; amounts in excess are recoverable directly by the Operator.

The yacht is insured by the Operator for hull, machinery, third-party liability, and (for crewed charters) crew liabilities, to the limits stated in the Operator's insurance certificate. The Client is provided a copy of the relevant insurance summary on request.

The Agency carries professional indemnity insurance covering its brokerage activities. The Agency's total liability to any Client, whether in contract, tort, or otherwise, is limited to the total brokerage commission actually received by the Agency in respect of the Charter giving rise to the claim. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability which cannot lawfully be excluded.

The Client is strongly advised to take out personal travel and medical insurance covering the cruising region, the dates of the Charter, and any planned watersports activities (diving, kitesurfing, etc.). Standard travel-insurance policies often exclude open-water activities; please check the small print.

All content on this Website — text, photography, illustrations, page layouts, code, the Faraway Yachting wordmark and logo — is the property of the Agency or its licensors and is protected by international copyright law. You may view, download, and print pages for your personal, non-commercial use. Any other reproduction, public display, or commercial use requires our prior written consent.

Yacht specifications, photographs, and pricing on the Website are kept as accurate as we can make them, but are not warranted. Live availability, final pricing, and yacht condition are confirmed only at the point the Operator issues the Charter Contract.

Reviews and testimonials are published in good faith and reflect the opinions of individual Clients. They are not a guarantee of the experience any future Client will have aboard a given yacht.

These Terms and Conditions, and any Brokerage agreement between you and the Agency, are governed by the laws of Thailand. The Courts of Phuket have exclusive jurisdiction over any dispute arising out of or in connection with our brokerage services.

The Charter Contract itself is governed by the law specified within it, which is typically the law of the Operator's home jurisdiction (commonly France, Italy, Croatia, the British Virgin Islands, or Thailand). Disputes about the Charter are between the Client and the Operator; we will assist with introductions, translation, and mediation in good faith but are not a party to any such dispute.

Before commencing legal proceedings, both parties agree to attempt resolution in good faith by direct correspondence for a minimum of thirty days.

We may amend these Terms and Conditions from time to time to reflect changes in our services, applicable law, or industry practice. The current version is always published on this page with the 'Last updated' date at the top. Material changes will be highlighted on our home page for at least thirty days.

Charters already booked at the moment of any amendment continue to be governed by the version of these Terms in force at the time of booking, unless the amendment is required by law.

Questions about these Terms can be sent to our office address above or by email to booking@faraway-yachting.com. We respond to every legal query within five working days.