Celestia

The following terms and conditions (“Booking Terms” or “Agreement”) apply to each Guest’s use of the Indonesian-flagged private charter vessel known as KLM Celestia (the “Vessel”), which is owned by PT Alderman Cahaya Abadi (“Celestia”, “we”, “our” or “us”), incorporated in Indonesia with its registered office at Jalan Tanah Abang III, no 20, Jakarta Pusat 10160, Indonesia.

Please read these terms and conditions carefully, as they set out your contract with us once you have paid your deposit. In these Booking Terms, “Guest” or “Guests” means the undersigned Guest, all passengers using the Vessel under this booking, including all passengers listed on the booking form, which is incorporated by reference, and any other passengers added or substituted at a later date.“You” or “your” means the undersigned Guest, who has the authority to agree to all terms in this document on behalf of the undersigned Guest and all other Guests. Celestia and Guests shall be referred as “the Parties”.

All use of the Vessel is subject to these Booking Terms and all other documents incorporated by reference, including but not limited to the Booking Form, Itinerary, Release and Indemnity Agreement, Non-Agency Disclosure and Acknowledgement Agreement, Liability Release and Assumption of Risk Agreement (Diver Activities) and Passenger Log (available in paper form or online).

1. BOOKING RATES

In general, the Vessel is based in the following locations depending on season:
• May – October in Komodo National Park, based in the port of Labuan Bajo, Flores (“Summer Port”)
• November – April in Raja Ampat, based in the port of Sorong, Papua (“Winter Port”) The Vessel’s nightly charter rate (inclusive of taxes) as published on Celestia’s website multiplied by the number of nights booked, shall be referred to as the “Charter Fee”.

If the Vessel is booked outside any scheduled cruising location, then a relocation fee may be payable by you to Celestia in addition to the Charter Fee (the “Relocation Fee”). The cost of the Relocation Fee will be dependent on the location(s) of the charter and will be subject to your approval at the time of confirmation of booking.
Embarkation will occur from 10 am onwards on the first day (in Raja Ampat, embarkation will occur at 7 am). On the day of disembarkation, Guests must vacate the Vessel before 12 pm. Arrangements for early arrival or late check-out will be determined at the sole discretion of Celestia. Unless pre-approved by Celestia, a minimum booking period of four (4) consecutive nights shall apply, except for Raja Ampat cruises which require a minimum booking period of seven (7) consecutive nights. Depending of the weather and sea conditions, the itinerary may be changed at any time by instruction of the Captain to ensure the safety of passengers and crew members.

2. CREW

The Vessel’s crew includes an English-speaking Cruise Director, who is also a diving instructor.

3. PASSENGERS

The maximum number of Guests or passengers for overnight voyages is fourteen (14) people, occupying seven (7) cabins. If any Guests are children age 16 or under,
Celestia requires each child Guest to be accompanied by at least one adult Guest, unless pre-approved by us. All children are required to be under appropriate supervision by adult Guests at all times. Celestia cannot provide childcare or child supervision services unless arranged in advance and agreed to in writing by us before embarkation. In order to arrange childcare, Celestia requires sufficient advance notice with any additional costs to be borne by Guests, subject to cabin space.

4. ITINERARY

The undersigned Guest acknowledges that he or she has reviewed and approved the itinerary provided by Celestia (“Itinerary”), which is incorporated by reference.

5. TELECOMMUNICATIONS

WiFi will be provided on board Celestia to Guests free of charge, subject to availability. The Vessel also has a satellite phone, which will be available to guests in case of emergency. Guests are liable for satellite phone operating costs if used at the request of Guests.

6. CHARTER FEE INCLUSIONS, EXCLUSIONS, EXCEPTIONS AND SURCHARGES INCLUSIONS

The Charter Fee includes:

• Freshly cooked food and snacks
• Fully crewed boat
• Use of all water toys aboard
• Soft drinks, tea, coffee
• Activities and excursions planned on the schedule
• National Park fees
• Cruise Director
• Dive equipment and dive master aboard
• Nitrox for certified divers
• Return transfers to and from hotel / airport
• Wifi modem powered by Telkomsel
• 3 hours of massage therapy per day

EXCLUSIONS

The Charter Fee excludes:

• Alcoholic beverages
• Travel & Dive insurance
• Gratuities for the crew
• Fuel surcharge when indicated
• Accommodations before and after the cruise
• Dive certifications
• Satellite internet connection
• Dive computer
• Additional massage therapy

Celestia will make all reasonable efforts to avoid unforeseen additional costs; however, quoted prices and the Charter Fee may be increased for reasons including, but not limited to:

• Increases in transportation cost (including fuel cost);
• Increases in taxes, charges, duties or fees levied by any governmental or public authority (e.g. freight taxes, landing fees, embarkation / disembarkation fees, sales taxes, etc.);
• Currency fluctuations;
• Government, park permit and/or other third-party price increases

7. BOOKING PROCESS AND PAYMENT

All bookings are required to be made by email and shall include:

• The finalized cruise dates for the booking;
• A final passenger count;
• Copies of passports for all Guests;
• The Itinerary approved by the undersigned Guest and Celestia;
• A signed copy of these Booking Terms; and
• Any other special requirements.

At the time of booking, you are required to pay a deposit of 50% of the Charter Fee (“Booking Deposit”) to our bank account or that of our agent (as specified on the
applicable invoice) in order to secure a booking aboard the Vessel. Full payment of the total Charter Fee, the Security Deposit as described in Clause 16, and any surcharges are required to be made to Celestia or its agent at least sixty (60) days prior to the Guests’ embarkation date on the Vessel.
If the booking is made less than sixty (60) days prior to embarkation date, full payment of the total Charter Fee is required to be made to Celestia at the time of booking.

Prior to boarding, all Guests are required to complete the following documents, which are incorporated by reference:

• Release and Indemnity Agreement;
• Non-Agency Disclosure and Acknowledgement Agreement; and
• Boat Travel and Scuba Diving Liability Release and Assumption of Risk Agreement.

Any charges incurred after boarding are required to be paid to Celestia in full immediately after the end of the booking. If any payment is not received in accordance with the schedule outlined in this Clause 7, or if any Guest fails to complete the Release and Indemnity Agreement or the Boat Travel and Scuba Diving Liability Release and Assumption of Risk Agreement, Celestia reserves the right to cancel the booking in accordance with Clause 10.
Incremental and ad hoc costs shall be payable at the time of purchase, or as soon as practicable thereafter (depending on connectivity of credit card payment facilities).

8. SUBSTITUTION OF GUESTS

If any Guest is prevented from travelling, the person concerned may transfer their place to a third party only if:

• Celestia accepts and approves the transfer of names; and
• The transferee, or their parent or guardian if the transferee is a minor, executes a booking form prior to boarding the Vessel. Before any such transfer is effective, Guests are required to pay all costs incurred by Celestia and our suppliers in making any such substitution, in addition to any overdue balance payment.

9. ALTERATION OF BOOKING BY GUEST

If you, or an agent on the Guest’s behalf, wish to alter the booking in any way, the Guest or agent are required to send a request by email to Celestia or our agent, as
applicable. Any requested changes are subject to availability and prior approval by us, which may involve an increase in the price of the booking.

10. CANCELLATION OF BOOKING BY GUEST

Notice of cancellation is required in writing via email. We will not refund to you any deposits, administrative fees or alteration fees. Cancellation by the Guest or an agent on the Guest’s behalf is subject to payment of the following cancellation fees:

• 90 days or more before schedule embarkation: 30% ofthe total Charter Fee;
• 61-89 days before scheduled embarkation: 50% of the total Charter Fee;
• 0 – 60 days before scheduled embarkation or during the booking: 100% of the total Charter Fee.

Cancellation fees will be deducted from payment previously made to us and the balance, if any, shall be immediately due and payable to us.

11. ALTERATION OR CANCELLATION BY

CELESTIA

Celestia reserves the right at any time to re-price, cancel, or withdraw any tour, trip, or expedition,
and to alter or omit any part of the Itinerary, to substitute crew members or leaders, or to change any
means of conveyance without notice.

If Celestia cancels the booking for any reason other than Celestia’s negligence (or the negligence of
Celestia’s suppliers) and including reasons of Force Majeure as described in clause 12, the value of the
unused portion of the booking shall be refunded to the paying Guest, subject to retention by Celestia
of reasonable administrative costs.

Celestia will act in good faith with regards to any costs increase. To the extent practicable and if the
costs increase is material, Celestia will seek prior approval from the Guest for the increase, which may
be granted verbally or in writing by any Guest on behalf of the paying Guest. If the Guest declines to
incur the quoted increased costs, the applicable services will be cancelled and the Guest will be refunded
the value of the applicable services (to the extent that such costs have been paid by the Guest to
Celestia in advance), subject to retention by Celestia of reasonable administrative costs.

The Guest acknowledges that third-party costs may be subject to alteration and increase on short notice.
The Guest acknowledges and agrees that the liability for all additional third-party costs, if any, will be
borne by the Guest (and the Guest hereby consents to incurring such costs), including but not limited to
cost of items set out in the sections titled ‘Exclusions’ and ‘Exceptions’ described above in Clause 6.

12. FORCE MAJEURE

In the event that Celestia is unable to perform any obligation because of a matter beyond its reasonable
control including but not limited to lightning, flood, exceptionally severe weather conditions, fire,
disruption to the national power grid, explosion, war, civil disorder, industrial disputes, labor strike,
failure of Celestia’s suppliers to perform, acts by local or central government or other competent public
body, or events beyond the reasonable control of Celestia and/or if Celestia’s suppliers are requested,
required or ordered to cease or suspend the performance of any services by any local or central
government or other competent public body, Celestia shall have no liability to the Guest for that failure
to perform or deliver.

13. GUEST OBLIGATIONS

Guests are required to ensure that all persons boarding the Vessel (excluding crew) have appropriate
travel insurance (and appropriate diving insurance, if necessary) with a reputable provider to protect
against all reasonably foreseeable risks and events, and shall promptly provide a copy to us upon
request at any time.

You covenant and undertake that all Guests are required to:
• Study and understand all pre-embarkation information;
• Bring all equipment and clothing specified by Celestia;
• Conform to standards of personal hygiene to minimize the risk to health and safety;
• Act in a manner considerate of the crew, fellow guests and the countries visited;
• Abide by all policies and procedures of Celestia, including the Guest Code of Conduct, the Health and
Safety Policy, and the Smoking Policy (which prohibits smoking anywhere on board the Vessel); and
• Obey all instructions given by Celestia’s Cruise Director or the Vessel’s crew.

Guests are solely responsible to comply with all applicable laws and regulations.

14. COVID-19 POLICY

If required by the government, we will require each guest on board to present a negative COVID test
result – certified by a medical facility near you – prior to embarking.

If you start to feel unwell during the voyage, you may be asked to take a rapid antigen test on board so
that we can isolate you from the rest of the guests and crew if necessary.

15. GUEST WARRANTIES

By paying the Booking Deposit, the undersigned Guest warrants that all Guests listed on the booking
form or subsequently added to the Passenger Log (which is incorporated by reference):
• Are mentally and physically prepared for the Itinerary;
• Are aware of all risks associated with in-water activities and safety aboard the Vessel;
• Have obtained adequate insurance including travel insurance and where applicable, insurance in
respect of any risky or dangerous activities.

The undersigned Guest also acknowledges that all Guests wishing to dive:
• Are required to provide proof of diving certification;
• Are required to have dive insurance; and
• May be required to provide medical certificates confirming their fitness to dive.

We reserve the right to cancel, refuse service to, or expel from the vessel any Guests displaying
inappropriate behavior, exhibiting medical issues that are a safety risk, or for any other reason, at any
time, during or prior to charter.

All Guests shall indemnify Celestia against all liabilities, costs (whether at Celestia’s internal expense or
paid to third parties), expenses, damages and losses (including but not limited to any and all interest,
penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional
costs and expenses) suffered or incurred by Celestia arising out of or in connection with any breach or
any obligation or warranty featured in these Booking Terms (including as incorporated by reference).

16. INSPECTION, DAMAGE, AND SECURITY DEPOSIT

Guests are responsible for any damage to the Vessel caused by any Guest, including repair or loss of
income as a result of such damage.

Before embarkation at the beginning of the voyage, and after disembarkation at the end of the voyage,
you and the cruise director will perform an inspection of the Vessel’s facilities and make note of any
damage.

Guests will pay a security deposit in the amount of one (1) nightly charter rate (“Security Deposit”). The
Security Deposit is due at least sixty (60) days before embarkation. If the booking is made less than
sixty (60) days before embarkation, the Security Deposit is due immediately upon booking.

The cost of repairing any damage caused by Guests, including any loss of income caused by such
damage, will be deducted from the Security Deposit. If no damage by a Guest occurs and no ad hoc
expenses are payable, the full Security Deposit will be refunded to the Guest. If the amount of the
Security Deposit exceeds the cost of repairs, the remaining balance of the Security Deposit will be
returned to the Guest. If the cost of repairs exceeds the amount of the Security Deposit, the
undersigned Guest will pay the remaining balance immediately upon disembarkation. The undersigned
Guest authorizes Celestia to collect any excess damage costs through the use of the Credit Card
Authorization Form, which is incorporated by reference.

17. PRIVACY

Personal information that you provide when using our website will be treated in accordance with
applicable laws.

18. CELESTIA LIABILITY

We, our agents, employees, and affiliates assume no responsibility or liability whatsoever in connection
with the operation or service of any aircraft, motor vehicle or boat, other conveyance, inn, lodge or
hotel which may be used wholly or in part, for services to Guests.

Under no circumstances will we accept responsibility for any indirect or consequential loss whatsoever
arising under or in connection with the booking.

We also do not accept responsibility for any injury, illness, death, loss (including loss of enjoyment and
loss of business, profits or employment), damage, expense, cost or other claims or liability of any
description whatsoever which results from:
(i) Any fault of you or any Guests in your party;
(ii) Any fault of any third party unconnected with us and the provision of the services for which you have
contracted with us;
(iii) Any Force Majeure circumstances (as described above in Clause 12) which are beyond our reasonable
control.

Our total liability to you in respect of all other losses arising under or in connection with the booking,
whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed
the value of your booking (including taxes and deposit), to the extent permitted under applicable law.

Celestia may at any time without notice to the Guests set off any liability of the Guests to Celestia
against any liability of Celestia to the Guests, whether either liability is present or future, liquidated or
unliquidated, and whether or not either liability arises under these terms. If the liabilities to be set off
are expressed in different currencies, Celestia may convert either liability at a market rate of exchange
for the purpose of set-off. Any exercise by Celestia of its rights under this clause shall not limit or
affect any other rights or remedies available to Celestia under these terms or otherwise.

19. USE OF SUBCONTRACTORS

We contract with a network of businesses, firms, governmental agencies, and individuals for field
services in relation to charter bookings. These businesses, firms, governmental agencies, and persons
include but are not limited to, Indonesian or foreign-based companies, subcontractors, business
concerns, agents, employees, and associates (all of whom shall be referred to as “third parties”).

We do not supervise and cannot guarantee the performance of such third parties. Therefore, the
undersigned Guest, on his or her behalf and on behalf of each other Guest, knowingly assumes the risk
and fully releases and holds Celestia, our directors, employees and agents harmless from any and all
liabilities for all of the acts and omissions of all such third parties.

20. WAIVER

The failure of either party to act in the event of a breach of these Booking Terms by the other shall not
be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing
and signed by the party against whom enforcement is sought.

21. ENTIRE AGREEMENT

This Agreement and these Booking Terms, together with all other documents incorporated by reference,
constitute the entire agreement between the parties and supersede and extinguish all previous
agreements, promises, assurances, warranties, representations and understandings between them,
whether written or oral, relating to its subject matter.

The Parties agree that each party shall have no remedies in respect of any statement, representation,
assurance or warranty (whether made innocently or negligently) that is not set out in these Booking
Terms and the incorporated documents. The Parties agree that each party shall have no claim for
innocent or negligent misrepresentation based on any statement in these Booking Terms and the
incorporated documents.

22. VARIATION OF BOOKING TERMS

The terms and conditions which apply to your booking are those which are featured on your booking
form at the time of booking, these Booking Terms and any other terms notified to you in writing before
embarkation. We reserve the right to update these Booking Terms from time to time. Any such updates
shall take effect immediately upon notifying you of them or posting them on our website.

23. SEVERABILITY

If any provision or partial provision of these Booking Terms is or becomes invalid, illegal or
unenforceable, these Booking Terms shall be modified to the minimum extent necessary to make it
valid, legal and enforceable. If such modification is not possible, the relevant provision or partial
provision shall be deleted.

Any modification or deletion of a provision or partial provision under this Clause 23 shall not affect the
validity and enforceability of the rest of these Booking Terms.

If any provision or partial provision of these Booking Terms is invalid, illegal or unenforceable, the
parties shall negotiate in good faith to amend such provision so that, as amended, the remainder of this
Agreement shall remain legal, valid and enforceable, and, to the greatest extent possible, achieves the
intended commercial result of the original Agreement.

24. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which when executed shall
constitute a duplicate original, but all the counterparts shall together constitute the one Agreement.

Transmission of the executed signature page of a counterpart of these Booking Terms by scanned email
attachment (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed
counterpart of these Booking Terms. No counterpart shall be effective until each party has executed at
least one counterpart.

25. GOVERNING LAW

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or
in connection with it or its subject matter or formation shall be governed by and construed in
accordance with the laws of the Republic of Indonesia.

26. JURISDICTION

The Parties irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any
dispute or claim.