Terms & Conditions

1. Definitions

• "Cerulith" — the trading name of the yacht tour operator based at 42 Jalan Tun Fuad Stephens, 88000 Kota Kinabalu, Sabah, Malaysia.
• "Guest" or "User" — any individual accessing this website or participating in a Cerulith voyage.
• "Voyage" — any tour, expedition, or overnight sailing experience offered by Cerulith.
• "Booking" — a confirmed reservation for a Cerulith voyage, following payment or formal confirmation.

2. Acceptance of Terms

By accessing this website or booking a Cerulith voyage, you confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement. Use of this site or submission of a booking request constitutes acceptance of these terms in full.

3. Services

Cerulith offers yacht-based tours departing from Kota Kinabalu, Sabah, Malaysia. Current voyages include the Tunku Abdul Rahman Island Hop, the Mantanani Reef Expedition, and the Borneo Coast Overnight Voyage. Services are subject to availability and weather-based operational decisions.

4. Booking & Confirmation

• Voyage bookings are initiated by submitting an enquiry via our website or contacting us directly by phone or email.
• A booking is only confirmed upon receipt of payment or a written confirmation from Cerulith.
• Full guest numbers and any dietary or accessibility requirements must be provided at the time of booking.

5. Payment

• Prices are quoted in Malaysian Ringgit (MYR) and are per person unless otherwise stated.
• Current voyage prices: Island Hop — MYR 1,250; Reef Expedition — MYR 3,400; Overnight Voyage — MYR 5,200.
• Payment methods and settlement terms will be confirmed at the time of booking.
• Prices include all items stated in each voyage description. No additional charges apply unless discussed and agreed in advance.

6. Cancellation & Rescheduling

• Guest-initiated cancellation: Cancellations more than 14 days before departure are subject to a 15% administrative fee. Cancellations within 14 days are non-refundable unless Cerulith is unable to operate the voyage.
• Weather cancellations: If Cerulith cancels a voyage due to unsafe sea or weather conditions, guests will be offered an equivalent rescheduled date or a full refund.
• Rescheduling: Guests may reschedule up to 14 days before departure at no charge, subject to availability.

7. Guest Responsibilities

All guests are expected to:

• Follow crew instructions at all times aboard and in the water
• Adhere to reef conduct briefings provided before snorkeling stops
• Disclose relevant medical conditions or limitations prior to departure
• Refrain from behaviour that endangers other guests or crew
• Respect the marine environment — contact with living coral is prohibited

Cerulith reserves the right to exclude any guest from a voyage at any time if their conduct is considered unsafe or disruptive. No refund is issued in such circumstances.

8. Health & Safety

• All voyages operate under Maritime Malaysia regulations.
• Guests with significant medical conditions are advised to consult a doctor before participating in ocean-based activities.
• Sea sickness is common in open water. Cerulith does not provide medical treatment beyond first aid.
• Guests are responsible for arranging appropriate travel insurance, including coverage for marine activities.

9. Intellectual Property

All content on this website — including text, images, and voyage descriptions — belongs to Cerulith or its licensors. Reproduction without written permission is not permitted. Guests may share personal photographs taken during voyages without restriction.

10. Limitation of Liability

To the maximum extent permitted under Malaysian law, Cerulith's liability for any claim arising from a voyage is limited to the value of the voyage booking in question. We do not accept liability for loss of personal belongings, indirect losses, or circumstances outside our reasonable control (including weather, marine wildlife behaviour, or equipment failure not resulting from negligence).

Nothing in these terms excludes liability for personal injury or death caused by proven negligence.

11. Force Majeure

Cerulith is not liable for failure to deliver services where such failure results from events beyond reasonable control, including but not limited to adverse weather, natural events, governmental restrictions, or maritime authority directives.

12. Disclaimers

Wildlife encounters (sea turtles, dolphins, whale sharks) are a feature of the natural environment and cannot be scheduled or committed to. Cerulith does not offer outcomes relating to specific wildlife sightings as part of any voyage.

13. Dispute Resolution

These terms are governed by the laws of Malaysia. In the event of a dispute, both parties agree to first attempt resolution through direct negotiation. If unresolved, disputes will be referred to the Sabah courts for adjudication.

14. Changes to Terms

Cerulith reserves the right to update these terms at any time. The current version will always be available on this page with the relevant effective date. Continued use of our services after a change constitutes acceptance of the updated terms.

15. Contact

For questions about these terms:

• Email: [email protected]
• Address: 42 Jalan Tun Fuad Stephens, 88000 Kota Kinabalu, Sabah, Malaysia
• Phone: +60 88-724 391