These Terms and Conditions ("Terms") govern your use of the Helmara website at heellmarat.cyou and the booking of yacht tour services operated by Helmara, registered in Melaka, Malaysia. By accessing the website or submitting a booking enquiry, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Definitions
- "Service" — yacht tour experiences offered by Helmara, including the Melaka Strait Heritage Sail, Southern Islands Discovery, and Heritage Coast Overnight Voyage.
- "User" / "Guest" — any person accessing the website or booking a voyage.
- "We / Us / Our" — Helmara, operating from 36 Jalan Laksamana, 75000 Melaka, Malaysia.
- "Agreement" — these Terms and Conditions as accepted by the User.
2. Acceptance of Terms
By submitting a booking enquiry or using our website, you confirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are booking on behalf of a group, you accept these Terms on behalf of all members.
3. Services
Helmara offers three voyage types departing from Melaka. Full descriptions, durations, inclusions, and pricing are available on our website. We reserve the right to adjust itineraries due to weather, tidal conditions, or maritime safety requirements. Significant changes will be communicated to guests as early as practicable.
4. Booking and Payment
- Bookings are confirmed upon receipt of a 30% deposit.
- The remaining balance is due two days prior to the departure date.
- Prices are stated in Malaysian Ringgit (MYR) and include all items specified in the voyage description.
- Helmara does not charge additional fees at the point of departure for items already included in the fare.
5. Cancellation and Rescheduling
- Cancellation 7 or more days before departure: Full refund of deposit.
- Cancellation within 7 days of departure: Deposit is non-refundable. We will make reasonable efforts to reschedule the booking to an alternative date.
- Cancellation by Helmara: Where we cancel a departure due to unsafe conditions or operational reasons, guests will receive a full refund or be offered an alternative date.
- Rescheduling requests made more than 48 hours before departure will be accommodated where capacity allows, at no additional charge.
6. Guest Responsibilities
- Guests must follow all safety instructions given by crew at all times.
- Guests must inform Helmara of any medical conditions, mobility limitations, or dietary requirements prior to departure.
- Alcohol is not permitted to be brought onboard by guests. Beverages served onboard are the sole provision.
- Guests are responsible for securing their personal belongings. Helmara is not liable for loss or damage to personal items.
- Guests must not interfere with vessel operations, navigation equipment, or safety systems.
7. Health and Safety
All vessels comply with safety requirements set by the Marine Department of Malaysia. Life jackets are available and must be worn when instructed by crew. Guests who appear to be unfit to sail (including through intoxication or illness) may be refused boarding without refund.
8. Intellectual Property
All content on the Helmara website, including text, design, route materials, and imagery, is the intellectual property of Helmara. You are granted a limited, non-exclusive licence to access and view this content for personal, non-commercial purposes. Reproduction or distribution without written permission is not permitted.
9. Disclaimers
Helmara's services are provided in good faith and with professional care. We do not offer specific outcome guarantees — wildlife sightings, sea conditions, and visibility depend on natural factors outside our control. The website and its content are provided "as is" without warranties of any kind beyond what is required by Malaysian consumer law.
10. Limitation of Liability
To the maximum extent permitted under Malaysian law, Helmara's liability to any guest arising from a voyage is limited to the fare paid for that voyage. We are not liable for indirect losses, loss of opportunity, or consequential damages. This limitation does not apply to personal injury caused by negligence.
11. Indemnification
You agree to indemnify and hold Helmara harmless from any claims, losses, or expenses arising from your breach of these Terms, your use of the services in a way that harms other guests or crew, or any actions taken in violation of applicable law during a voyage.
12. Force Majeure
Helmara is not liable for failure or delay in performing obligations where such failure results from circumstances beyond our reasonable control, including severe weather, acts of government, public health emergencies, or maritime incidents affecting the operating area.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Malaysia. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Melaka, Malaysia. We encourage guests to contact us directly to resolve any concerns before initiating formal proceedings.
14. Changes to Terms
We may update these Terms from time to time. The current version is always available on our website. Continued use of our services following an update constitutes acceptance of the revised Terms.
15. Contact
For legal enquiries regarding these Terms:
- Email: [email protected]
- Post: Helmara, 36 Jalan Laksamana, 75000 Melaka, Malaysia