About these Terms
These Terms govern how you use Malaka — the sailing-holidays marketplace and operating system — including browsing Experiences, making Bookings, coordinating Trips and using our tools as a traveller, crew member, group leader, booking owner or skipper.
They explain how the platform is organised so you can find what applies to your Booking or role. Where a section carries a marked placeholder, the final contractual wording is still to be supplied and approved by legal counsel; the plain-language explanations are provided to aid understanding and do not by themselves form the contract.
Legal copy required
Final contracting entity, acceptance mechanics and the binding introductory clause: [Final contractual clause to be provided / approved by legal counsel]. The contracting entity and jurisdiction are not assumed here.
About Malaka
In plain language
Malaka provides digital marketplace and operational tools that help travellers discover sailing holidays, connect with skippers, make Bookings and coordinate Trips. It brings the people, boats and dates of a sailing holiday together in one place.
Malaka does not describe itself here as the yacht owner, skipper employer, travel organizer, charter operator, insurer or payment institution. Any such characterisation would only apply where the actual legal structure establishes it.
Legal copy required
The formal characterisation of Malaka’s role: [Legal characterization of Malaka’s role to be provided].
Platform and service-provider roles. The precise contractual relationships — Malaka’s role, the skipper/provider role, any boat or charter-party role, the traveller relationship and the boundaries of responsibility between them — are to be defined by legal counsel and are not decided in this prototype.
Legal copy required
Definition of platform vs service-provider roles and responsibility boundaries: [Legal copy to be provided].
Eligibility & your account
You use Malaka through a single Malaka identity that can act in different roles depending on context.
- You have one Malaka identity; you do not need a separate account to travel, lead a group or act as a skipper.
- You are asked to keep your account information accurate and up to date.
- Different roles can be activated contextually from the same identity.
Legal copy required
Minimum age and other eligibility requirements: [Legal eligibility requirements to be provided]. No minimum age is stated here until supplied.
Account security. You should keep your credentials secure and notify Malaka if you believe your account has been compromised.
Legal copy required
Contractual account-security responsibilities: [Legal copy to be approved].
Roles on Malaka
In plain language
One person, several hats. Booking Owner and Group Leader are contextual roles rather than separate accounts.
- Traveller — uses Malaka to discover, book or join sailing Trips.
- Booking Owner — the person responsible for the commercial Booking record; may or may not travel.
- Group Leader — coordinates a group in supported group-booking flows.
- Crew member — joins a Trip and completes their own required traveller information.
- Skipper — a professional using Malaka to host Experiences, operate Trips or respond to Skipper Requests.
Legal copy required
Role-specific contractual obligations: [Role-specific contractual obligations to be provided].
Sailing Experiences & Departures
Malaka distinguishes a reusable sailing-holiday concept from the specific dated instance you actually book.
- An Experience is a reusable sailing-holiday concept.
- A Departure is a dated commercial instance with exact dates, Boat, skipper, booking mode, price, capacity/inventory and availability.
A published Experience without an appropriate available Departure may not be bookable. This describes how the product works and is not a legal guarantee of availability.
Bookings
A Booking records the agreed commercial context for a transaction.
In plain language
Booked terms are kept as a snapshot. If an Experience, Departure or Offer later changes, that should not silently rewrite what you already booked.
Booking modes. Malaka supports four modes. Unless approved legal copy supplies otherwise, these are described neutrally and do not carry different legal rights.
Whole Yacht
A Booking for the relevant sellable yacht inventory represented by that Departure.
Individual Berth
A Booking for berth inventory.
Cabin Booking
A Booking for cabin inventory.
Skipper Only
A Booking arising from an accepted skipper Offer without requiring a hosted Experience or Departure.
Legal copy required
The legal effect of Booking confirmation: [Legal copy to be provided].
Group bookings & Crew
- A Group Leader may invite Crew to a Trip.
- Each Crew member uses their own Malaka identity.
- Crew complete their own personal and travel information.
- The Group Leader sees operational readiness, not unrestricted sensitive data.
Crew privacy
Sensitive traveller information and documents are not automatically visible to the Group Leader or unrelated travellers. How personal data is handled is described in the Privacy Policy.
Legal copy required
Whether and how a Group Leader is responsible for Crew: [Legal copy to be provided]. No blanket liability of the Group Leader for all Crew is asserted here.
Find a Skipper
Find a Skipper is a separate marketplace journey for travellers who already have a boat or a plan and need a professional to sail it.
A customer posts a Skipper Request; eligible skippers can discover the opportunity and submit Offers; the customer compares Offers and may accept one. An accepted Offer can create a Skipper-only Booking and Trip. No Experience or Departure is required.
Find a Skipper is not an auction, reverse auction, bidding contest or lowest-price-wins system. Customers choose based on their own assessment.
Offers. An Offer may contain a skipper fee, proposed dates, travel/accommodation assumptions, inclusions, exclusions, conditions, and validity only where explicitly stated. Where an Offer is revised, previous versions should be preserved.
Legal copy required
The legal effect of submitting, revising and accepting an Offer: [Legal effect of submitting, revising and accepting an Offer to be provided]. No binding-offer rules are invented here.
Payments
In plain language
These are four different amounts and should not be treated as the same figure:
Payments may be handled through third-party providers. The provider remains neutral unless one is actually defined for your Booking.
Payment structures. Malaka may support recorded structures such as full payment, deposit plus balance, or installments. No deposit percentage, due date, grace period or late fee is defined here.
Currencies. Bookings preserve their recorded currency. No currency conversion is promised.
Legal copy required
Payment terms, authorization, timing and applicable fees: [Payment terms, authorization, timing and applicable fees to be provided]. Any FX or payment-provider provisions: [Legal copy to be provided].
Cancellations, changes & refunds
Cancellation and refund are distinct concepts. A Booking may be cancelled, while a refund, if any, follows the applicable recorded terms and policy. No full refund, non-refundable status or exact timing is stated here.
The commercial detail — windows, entitlements, changes and refund mechanics — lives in the Cancellation Policy. The recorded terms of your Booking are preserved and referenced rather than overwritten.
Page 100 Read the Cancellation PolicyLegal copy required
Applicable cancellation, change and refund contractual provisions: [Applicable cancellation/change/refund contractual provisions to be provided].
Skippers & professional responsibilities
Skippers are professionals hosting Experiences, operating Trips or responding to Skipper Requests. The following structure is where their final obligations will be set.
- Accurate professional profile
- Required credentials
- Boat/Trip information where applicable
- Availability
- Customer communication
- Operational responsibilities
- Applicable law and professional obligations
Legal copy required
Final skipper obligations: [Final skipper obligations to be provided / approved]. No universal licence requirement is invented here.
Skipper verification. Malaka may collect and review identity and professional-credential information. Uploaded does not equal Verified, and verification status can change if a document expires or requires review.
Verification does not guarantee competence, safety, legal compliance, fitness or future validity.
Legal copy required
Legal effect of verification, and the professional-relationship classification of skippers: [Professional relationship classification to be provided]. Skippers are not classified as contractors or employees here.
Traveller responsibilities
- Provide accurate Booking information
- Hold your own travel documentation
- Complete Crew details where you lead or join a group
- Meet the meeting point and timing
- Behave reasonably toward crew and skipper
- Meet destination and travel requirements
- Consider your personal suitability for the Trip
Travel documents. You may be asked to provide Trip-specific information or documents. Malaka’s document status does not itself guarantee immigration or legal validity. How your data is handled is described in the Privacy Policy.
Malaka does not provide travel, visa or immigration advice. Check the requirements that apply to your journey with the relevant authorities.
Legal copy required
Final traveller obligations: [Legal copy to be provided].
Boats, Trips & operational information
A Boat can have different operational relationships to a Trip.
- Skipper Boat
- Charter Boat
- Customer Boat
- External Boat
Malaka’s internal label for a Boat does not by itself establish legal ownership or responsibility.
Routes & itineraries. Sailing routes and itineraries may need to adapt to weather, sea conditions, safety, port availability or skipper judgment. No exact itinerary is guaranteed.
Meeting point. The exact meeting point is operational Trip information; rely on the current Trip / Holiday Hub. No no-show penalty is invented here.
Legal copy required
Boat legal responsibility: [Legal copy to be provided]. Rights around material itinerary changes: [Legal copy to be provided]. Consequences of lateness or no-show: [Legal copy to be provided].
Reviews & community conduct
Reviews relate to completed Malaka activity where supported. Public reviews and private feedback are distinct. Community standards and how conduct is handled are set out in the Community & Review Guidelines rather than restated in full here.
Page 102 Community & Review GuidelinesLegal copy required
Moderation and review-related legal terms: [Legal copy to be provided]. Platform conduct rules: [Platform conduct rules to be approved].
Documents & verification
Where useful, Malaka uses a canonical status model for documents.
Uploaded ≠ Verified. A document status does not imply legal-compliance certification.
Platform rules
The final clauses in this section will cover fair, lawful use of the marketplace. The structure is:
- Lawful use
- Accurate information
- No misuse
- No impersonation
- No platform interference
- No abusive conduct
- No unauthorized access
- Marketplace integrity
Legal copy required
Final platform-rules clauses: [Legal copy to be provided]. Any rules concerning off-platform communication or transactions: [Any rules concerning off-platform communication or transactions to be provided by legal counsel]. No anti-circumvention penalties or fee-recovery rules are invented here.
Intellectual property
This section will define ownership and licensing across the platform and the content people submit. The structure is:
- Malaka platform and content
- User content
- Skipper content
- Licence to display submitted content
- Copyright complaints
User content may include profile text, Experience content, photos, reviews and messages where applicable. Final ownership and licence terms are not decided in this prototype.
Legal copy required
Final IP provisions, including any licence to display submitted content: [Final IP provisions to be provided].
Third-party services
Malaka may rely on third-party services for payments, identity verification, maps, communications, calendar and hosting/infrastructure. Providers are not named here unless actually configured.
Legal copy required
Third-party service legal provisions: [Third-party service legal provisions to be provided].
Availability of the platform
Malaka aims to keep the platform available and reliable. No specific uptime, always-on availability or zero-downtime commitment is made here.
Legal copy required
Availability and maintenance provisions: [Availability and maintenance provisions to be provided].
Liability & legal protections
This is a jurisdiction-sensitive section. No liability disclaimer is generated in this prototype.
Legal copy required
Final limitation and exclusion of liability, mandatory consumer protections and related legal provisions must be drafted by qualified legal counsel.
Insurance. Malaka does not claim here to provide insurance. Any insurance-related responsibilities or disclosures: [Any insurance-related responsibilities or disclosures to be provided].
Safety. Sailing involves changing weather, sea and operational conditions, and Trip plans may need to adapt. Any assumption-of-risk or waiver language is a legal placeholder only.
Emergencies. Malaka is not an emergency-response service. In an immediate danger or medical emergency, contact the appropriate local emergency services.
Force majeure. [Force-majeure provisions to be provided].
Consumer rights & classification. Consumer rights are neither invented nor waived here. [Applicable mandatory consumer rights and disclosures to be provided based on relevant jurisdictions.] Any classification of Malaka’s services under applicable travel or consumer law [to be confirmed by counsel] — Malaka is not classified under package-travel law here. Tax responsibilities and disclosures: [Any tax responsibilities/disclosures to be provided where applicable.]
Suspension & termination
At a product level, an account may be restricted or deactivated through controlled processes. No instant-ban right is asserted here.
If a restriction or deletion is considered while active or upcoming commitments exist, an operational review may be required. The legal outcome of such situations is not stated here.
Legal copy required
Final grounds, notice, rights and consequences of suspension and termination, and treatment of active Bookings: [Legal copy to be provided].
Changes to these Terms
These Terms may be updated over time. The process, notice period and effective date are to be defined; no notification period is invented here.
Legal copy required
Process for changes to these Terms, notice and effective date: [Process for changes to these Terms, notice and effective date to be provided].
What changed in this version. [Summary to be provided] — no historical revisions are fabricated.
Disputes, governing law & jurisdiction
Governing law and dispute forum are not assumed here — including not inferring any particular country from where the product team may be based.
Legal copy required
Dispute-resolution mechanics — any negotiation, mediation, arbitration, online dispute resolution or court venue: [To be provided]. None are invented here.
Contact
Questions about these Terms. [Legal contact email / address to be provided]. For general help, use the Malaka Contact / Help Center.
Contracting entity & company details. These are not fabricated in this prototype:
Related policies
These Terms are the general platform Terms. If you use Malaka as a Skipper, additional professional terms may apply; where documents overlap, the applicable hierarchy is [Document hierarchy / precedence wording to be provided]. Personal-data processing lives in the Privacy Policy, and cancellation detail in the Cancellation Policy, rather than being duplicated here.
Privacy Policy
How personal data is handled.
Page 99Cookie Policy
Cookies and similar technologies.
Page 100Cancellation Policy
Cancellation and refund detail.
Page 101Skipper Professional Terms
Additional terms for skippers.
Page 102Community & Review Guidelines
Conduct and reviews.
Page 103Accessibility
Our accessibility commitment.
Page 104Data & Account Requests
Manage your data and account.
If a plain-language summary conflicts with the final legal text, the lawyer-approved contractual text will govern according to the final document hierarchy. Final wording, hierarchy, version and effective date are all to be supplied.