Terms & Conditions

1. Definitions

• "Velaris", "we", "us", "our" — the tour operator based at 17 Jalan Jesselton, 88000 Kota Kinabalu, Sabah, Malaysia
• "Guest" or "you" — any person who books or participates in a Velaris tour
• "Tour" or "Service" — any of the yacht excursions operated by Velaris including the Island Sunrise Tour, Dinawan Island Full Day, and Sabah West Coast Overnight
• "Booking" — a confirmed reservation for a Velaris tour
• "Agreement" — these Terms & Conditions, together with any booking confirmation issued by Velaris

2. Acceptance of Terms

By submitting a booking enquiry or confirming a booking with Velaris, you confirm that you are 18 years of age or older and have the legal capacity to enter into this agreement. Use of this website constitutes acceptance of these terms.

3. Service Description

Velaris operates small-group yacht tours departing from Kota Kinabalu, Sabah, Malaysia. Tours are conducted subject to weather and sea conditions. Tour content, duration, and inclusions are described on the Velaris website at the time of enquiry. We reserve the right to modify tour details where safety or operational circumstances require.

4. Bookings

Bookings are accepted via the contact form on this website or direct email enquiry. A booking is confirmed only upon receipt of written confirmation from Velaris. Bookings are subject to availability and are taken on a first-confirmed basis.

• We recommend booking at least 7–14 days in advance for day tours and 2–4 weeks for the Overnight voyage
• Group size is limited to a maximum of six guests per tour
• Dietary requirements and any medical or accessibility considerations must be communicated at the time of booking

5. User Responsibilities

• Guests must arrive at the designated departure point at the time specified in their booking confirmation
• Guests are responsible for their own travel insurance, including coverage for maritime activities
• Guests must follow all instructions from the Velaris crew, particularly regarding safety procedures
• Guests must not engage in behaviour that endangers themselves, other guests, or crew
• Consumption of alcohol is permitted in moderation; intoxicated guests may be declined boarding at the captain's discretion
• Guests snorkeling or kayaking do so having acknowledged the relevant pre-activity briefing

6. Payment Terms

Tour prices are quoted in Malaysian Ringgit (MYR). Payment terms are communicated at the time of booking confirmation. Quoted prices are inclusive of all elements described in the tour itinerary — meals, crew services, and listed activity equipment. No additional charges are applied at the departure point.

7. Cancellation and Rescheduling

By the guest: Cancellations made more than 7 days before the tour date may be rescheduled without charge. Cancellations made within 7 days are subject to a rescheduling fee. Full details are provided in the booking confirmation.

By Velaris (weather): If sea or weather conditions are assessed as unsuitable for safe operation, Velaris will reschedule the tour at no cost to the guest. We will notify guests as early as possible — typically by the evening before or morning of departure. A full refund will be offered if rescheduling is not possible within the guest's available dates.

8. Health and Safety

Guests with known medical conditions that may be affected by sea motion, physical activity, or time in tropical conditions should inform us at booking. Velaris crew hold current first aid certification and the vessel carries a full first aid kit, VHF radio, and EPIRB distress beacon. In the event of a medical emergency at sea, the captain will take all reasonable steps to ensure guest safety.

9. Intellectual Property

All content on the Velaris website — including text, images, and design elements — is the property of Velaris or its licensors. You may not reproduce, redistribute, or use website content for commercial purposes without written consent from Velaris.

10. Disclaimers

Velaris provides tour services with reasonable care and skill. However, participation in maritime and water activities carries inherent risks. We do not warrant specific outcomes from any tour. Wildlife sightings, weather conditions, and island access may vary based on natural factors outside our control.

11. Limitation of Liability

To the extent permitted by Malaysian law, Velaris shall not be liable for indirect, incidental, or consequential damages arising from participation in tours or use of this website. Our total liability in any circumstances is limited to the amount paid by the guest for the relevant tour booking.

12. Indemnification

You agree to indemnify Velaris and its crew against claims, losses, or expenses arising from your failure to comply with these terms, your negligent or intentional actions during a tour, or your misrepresentation of any information provided at the time of booking.

13. Governing Law and Dispute Resolution

These terms are governed by the laws of Malaysia. Any disputes arising from a Velaris booking or tour should first be raised informally with us at [email protected]. We will respond within 10 business days. If a dispute cannot be resolved informally, the parties agree to submit to the jurisdiction of the courts of Sabah, Malaysia.

14. General

• Entire agreement: these terms, together with the booking confirmation, constitute the entire agreement between the parties for the relevant tour
• Severability: if any provision of these terms is found unenforceable, the remaining provisions continue in full force
• Waiver: failure by Velaris to enforce any provision does not constitute a waiver of that provision

15. Changes to These Terms

We may update these terms from time to time. The "Last Updated" date at the top reflects the most recent version. Continued use of this website or submission of a booking enquiry after updates constitutes acceptance of the revised terms.

16. Contact

• Email: [email protected]
• Address: Velaris, 17 Jalan Jesselton, 88000 Kota Kinabalu, Sabah, Malaysia