Terms & Conditions

"Archipel," "we," "us," or "our" refers to Archipel, operating from Suite 4, CPS Tower, Centre Point Sabah, 88000 Kota Kinabalu, Malaysia.

"Service" or "Services" refers to pearl farm tours, marine expeditions, cultural experiences, and related activities offered by Archipel.

"User," "you," or "your" refers to individuals accessing our website or booking our services.

"Participant" refers to individuals taking part in Archipel experiences.

"Booking" refers to confirmed reservation for Archipel services following payment deposit.

"Agreement" refers to these Terms and Conditions along with any booking confirmations and related documents.

By submitting a booking inquiry, completing a reservation, or using Archipel services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not proceed with booking or using our services.

These terms constitute a legally binding agreement between you and Archipel. The agreement is formed when we confirm your booking in writing.

You must be at least 18 years of age to make a booking. For bookings including minors, the person making the booking accepts responsibility for all participants and confirms parental or guardian consent has been obtained.

Archipel provides guided marine tourism experiences in the Sulu Sea region of Sabah, Malaysia, including pearl farm visits, reef snorkeling, scuba diving, cultural exchanges with Bajau communities, and multi-day expeditions.

Service descriptions on our website and promotional materials provide general information about experiences. Specific details may vary based on weather conditions, marine park regulations, community availability, and operational requirements. Archipel reserves the right to make reasonable modifications to itineraries while maintaining the overall nature and quality of the experience.

Services are subject to availability and require advance booking. Confirmation of booking will be provided in writing following receipt of deposit payment.

Bookings are made through our website contact form, email, or phone communication. All bookings require deposit payment within seven days of initial inquiry to secure reservation. Final payment is due 30 days prior to experience start date for multi-day expeditions, or 14 days prior for single-day experiences.

Upon receiving deposit, we will send written confirmation including experience details, payment schedule, participant requirements, and preparation information. This confirmation constitutes acceptance of your booking and formation of contract between you and Archipel.

Group bookings of five or more participants may qualify for adjusted pricing. Contact us directly for group rate inquiries.

Booking confirmation requires provision of participant names, emergency contact information, relevant health details, and diving certification numbers where applicable.

Health and Fitness Requirements

Participants must be in suitable physical condition for planned activities. Snorkeling requires comfortable swimming ability. Diving requires current certification and recent dive experience. Multi-day expeditions involve boat travel and may include uneven terrain at village sites.

You must disclose relevant medical conditions, medications, or physical limitations that could affect participation. Archipel reserves the right to require medical clearance for certain activities or to refuse participation if safety concerns exist.

Code of Conduct

Participants are expected to follow guide instructions, respect marine environments by not touching coral or disturbing wildlife, treat cultural sites and communities with respect, refrain from consuming alcohol before water activities, and comply with Malaysian law and local customs.

Equipment and Personal Items

Archipel provides snorkeling and diving equipment. Participants should bring personal items including sun protection, water bottles, appropriate clothing, and any required medications. We are not responsible for loss or damage to personal belongings.

Prohibited Activities

The following activities are strictly prohibited: illegal drug use, harassment of marine wildlife, removal of coral or marine specimens, littering or pollution, disrespectful behavior toward communities, and disregarding safety instructions from guides.

All prices are quoted in Malaysian Ringgit (MYR). Accepted payment methods include bank transfer to Archipel business account and payment at our Kota Kinabalu office by cash or card.

Deposit requirement is 30% of total booking cost, due within seven days of inquiry to secure reservation. Final payment is due 30 days before experience start date for multi-day expeditions, or 14 days before for single-day experiences.

Prices include services as specified in booking confirmation. Not included unless explicitly stated are international flights to Malaysia, ground transportation to Semporna (can be arranged separately), personal travel insurance beyond basic coverage included in multi-day expeditions, gratuities for guides (appreciated but not required), and personal expenses.

Pricing may be subject to change based on fuel costs, marine park fee adjustments, or exchange rate fluctuations. However, confirmed bookings are honored at quoted prices regardless of subsequent changes.

Cancellation by Participant

Cancellations must be submitted in writing via email. The following refund schedule applies based on notice period before scheduled experience start date:

More than 60 days: Full refund minus 10% administrative fee. 30-60 days: 50% refund of total booking cost. 14-30 days: 25% refund of total booking cost. Less than 14 days: No refund.

For medical emergencies preventing participation, documentation from licensed medical practitioner may be considered for partial refund on case-by-case basis.

Cancellation by Archipel

Archipel may cancel experiences due to weather conditions making marine activities unsafe, insufficient enrollment (minimum four participants required for multi-day expeditions), government restrictions or marine park closures, or other circumstances beyond our control.

In event of Archipel-initiated cancellation, participants will receive full refund of all payments made, or option to reschedule to alternative dates at no additional cost. Archipel is not responsible for costs incurred outside of direct booking fees, such as flights or accommodation arranged independently.

Weather-Related Modifications

Weather conditions in the Sulu Sea can change rapidly. Archipel monitors forecasts and marine conditions closely. If weather makes specific activities unsafe, we will modify itinerary to maintain safety while providing equivalent value. Participants are not entitled to refunds for weather-related itinerary adjustments unless the entire experience is cancelled.

Limitation of Liability

Marine tourism involves inherent risks including but not limited to water-based activities, boat travel, exposure to sun and weather, and interaction with marine environments. Participants acknowledge these risks and assume responsibility for their own safety.

Archipel maintains comprehensive insurance and follows Malaysian maritime safety regulations. However, to the fullest extent permitted by Malaysian law, Archipel's liability is limited to the total amount paid for the booking. We are not liable for indirect, consequential, or incidental damages.

Service Provision

Services are provided on an "as is" basis. While we strive to deliver high-quality experiences, we do not make warranties regarding specific outcomes, wildlife sightings, weather conditions, or participant satisfaction beyond our commitment to professional service delivery.

Third-Party Providers

Archipel works with third-party providers including accommodation facilities, boat operators, and diving equipment suppliers. While we select partners carefully, we are not liable for acts or omissions of these independent contractors beyond our reasonable control.

Personal Property

Archipel is not responsible for loss, theft, or damage to participant personal property. We recommend appropriate travel insurance covering personal belongings.

By participating in Archipel services, you agree to indemnify and hold harmless Archipel, its owners, employees, guides, and partners from any claims, damages, liabilities, or expenses arising from your participation in activities, violation of these terms, negligent or intentional misconduct, or violation of any law or third-party rights.

Multi-day expeditions include basic travel insurance covering medical emergencies and trip interruption. Single-day experiences do not include insurance coverage. We strongly recommend all participants obtain comprehensive travel insurance covering medical expenses, trip cancellation, personal liability, and personal property.

Participants engaged in diving activities must ensure their insurance covers scuba diving to depths encountered during the experience.

All content on the Archipel website including text, images, logos, and design elements are owned by Archipel or licensed for use. You may not reproduce, distribute, or create derivative works from this content without written permission.

Participants may take photographs and videos during experiences for personal use. However, images depicting recognizable individuals from Bajau communities or pearl farm workers should be taken only with explicit permission and should not be used for commercial purposes.

Personal information collected during booking and service delivery is handled in accordance with our Privacy Policy. Please review the Privacy Policy for details on data collection, use, and protection practices.

These Terms and Conditions are governed by the laws of Malaysia. Any disputes arising from these terms or service provision shall be subject to the exclusive jurisdiction of Malaysian courts.

Before pursuing legal action, parties agree to attempt resolution through good-faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may proceed with formal dispute resolution.

For international participants, disputes may be referred to mediation under rules of the Kuala Lumpur Regional Centre for Arbitration before court proceedings.

Entire Agreement

These Terms and Conditions, along with booking confirmation and referenced policies, constitute the entire agreement between participant and Archipel.

Severability

If any provision of these terms is found invalid or unenforceable, remaining provisions continue in full effect.

Waiver

Failure to enforce any provision does not constitute waiver of that provision or future enforcement rights.

Assignment

You may not transfer or assign your booking without written consent from Archipel. We may assign our rights and obligations to qualified parties with notice to participants.

Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, government actions, or public health emergencies.

Archipel reserves the right to modify these Terms and Conditions at any time. Changes will be posted on our website with updated effective date. Continued use of services following changes constitutes acceptance of modified terms.

For existing bookings, terms in effect at time of booking confirmation apply unless changes are required by law or safety regulations.

Questions regarding these Terms and Conditions should be directed to: