PAYMENT TERMS: 30% of total amout is due upon booking on yachts departing from Puerto Aventuras marina. The outstanding balance should be paid upon arrival to the pier before boarding the yacht. Yachts departing from Isla Mujeres or Cancun marina 50% is required for your reservation and the balance has to be paid 48 hours before the day of your charter.

 

CANCELLATION TERMS: Any change in dates, destination or yacht type is a cancellation. If any scheduled payment by Charterer has not been received by the payment due date, Yachts & Fishin´ reserves the right to cancel the charter and retain all deposits and fees paid to date.

 

The following restrictions apply for cancellations made by you as a client.

• If a cancellation is made 30 days prior to your date booked a full refund will be issued.

• If a cancellation is made between 15-30 days prior to your date booked a 30% cancelation fee will apply,  the client allows Yachts & Fishin´ to apply the booking deposit as the cancellation fee.

• If the cancellation is made between 7 and 14 days prior to the date booked a 50% cancelation fee will apply, the client allows Yachts & Fishin´ to apply the booking deposit as a cancellation fee.

• If the cancellation is made between 24 hours and 6 days prior to the charter a full charter is made, the client allows Yachts & Fishin´ to apply the booking deposit as a cancellation fee. 

• If the cancellation is made 24 hours prior to the date booked a full charge will be made.

• No shows: if the client doesn't arrive  at the marina on the scheduled day and time of the activity, a full charge will be made, the client allows Yachts & Fishin' to apply the the booking deposit as a cancellation fee.

The client will always have the option to reschedule the Experience to avoid any Cancellation Fee, in accordance with the following clause:

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COMPANY CANCELLATIONS: The only causes of cancellation of the trip by the company are:

• If there is a breakdown, or if the boat requires maintenance prior to the trip. Should any of these situations occur, the company will aim to change the date, or the vessel. If this is not possible, 100% of the cost of the experience will be refunded.

• If the company detects risks derived from COVID-19 and related factors in the area.

 

DELIVERY: Yachts & Fishin´ will deliver the Yacht, to the start port on the specified start date in full commission and ready for service. Should the specified Yacht not be available, Yachts & Fishin´ reserves the right to substitute a similar Yacht with an equal or greater number of cabins. The Charterer must examine the Yacht prior to departure to determine whether the vessel and dinghy are in good working order, and properly outfitted with all standard safety equipment, accessories, and utensils, as well as any other requested items (Inventory). Acceptance by the Charterer certifies that the obligations of Yachts & Fishin´ for delivery have been fulfilled. If Yachts & Fishin´ is unable to deliver the Yacht or a substitute within 24 hours of the delivery time specified, the Charterer may cancel this agreement and the total fee paid to Yachts & Fishin´ will be refunded. Should the Charterer not be present or not ready to accept delivery of the Yacht for whatever reason at the specified time and place, Yachts & Fishin´ reserves the right to reset the time of delivery within a 24 hour period thereafter.

 

ACCIDENTAL DAMAGE, DEATH & INJURY: Yachts & Fishin´ strictly prohibits the use or consumption of illegal drugs on its Yachts or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Charterer and their passengers accept that risk. Yachts & Fishin´ shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of Yachts & Fishin´. This shall in no way limit or diminish Yachts & Fishin' accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly to the use or consumption of alcohol or drugs.

 

DIVING & SWIMMING:  Yachts & Fishin´, the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.

 

RUNNING EXPENSES:  The Charterer agrees to pay any additional running expenses during the term of the charter, which have not been prepaid as part of the charter package. Such additional running expenses may include, but are not limited to, food and other consumable stores, fuel, pilotage,  cruising taxes and park permits, customs and provisions, and supplies for the Charterer and their party.

 

EQUIPMENT AND YACHT INSURANCE COVER: Our insurance policy provides comprehensive and adequate cover for the equipment and yachts for your skipper and crew. The Company cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation, which is as a result of you providing incorrect information, such as previous sailing experience, when requested, or due to your negligence, deliberate default or willful misconduct. Should damage or loss to yachts and equipment be caused as a result of not obeying the Company’s instructions, you will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge. The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must insure prior to the charter. Advice about such insurance is available from the Company on request.

 

REDELIVERY: The Charterer shall surrender the Yacht at the expiration of the charter at the release port specified, free and clear of any indebtedness and liens whatsoever, and in condition and clean state as when delivered (fair wear and tear from ordinary use excepted), and having properly cleared customs.

 

The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit the return of the Yacht at the stated time. Should the Charterer not make redelivery of the Yacht at the time and place herein before stipulated for any cause, other than that occasioned by an occurrence beyond the Charterer’s control, the Charterer shall pay a charter fee rate for the time that such delivery is delayed plus any losses that Yachts & Fishin´ or the Yacht owner may sustain due to the delayed delivery. The Charterer shall surrender the vessel’s equipment in as good a condition as delivered, fair wear and tear excepted. If the Yacht requires unusual cleaning, Yacht & Fishin´ may charge the Charterer accordingly.

 

RESTRICTED USE: The Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, his or her family, guests, employees and agents, during the term of this charter and shall not transport merchandise or carry passengers for pay or engage in any trade, nor in any way violate the laws of México or of any other government within the jurisdiction of which the Yacht may be at the time and shall comply with the law in all other respects. The Charterer agrees to restrict the use of the Yacht to the “cruising area” defined in the base information sheet provided to him/her. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30 minutes before sunset and 30 minutes after sunrise) by the Charterer is not permitted.

 

NON ASSIGNMENT: The Charterer shall not assign this agreement or sub-charter the Yacht without the prior written consent of Yachts & Fishin´. Yachts & Fishin´ may assign its rights to payments under the charter.

 

TERMINATION OF VACATION & INDEMNITY: The Charterer accepts responsibility for the proper conduct of themselves and their crew. Yachts & Fishin´ reserves the right in our absolute discretion to terminate, without further notice, the vacation arrangements for any Charterer who refuses to comply with the instructions or orders of Yachts & Fishin´ and whose behavior or competence in Yachts & Fishin´s opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination Yachts & Fishin´s responsibility for the Charter’s vacation ceases and shall not be liable for any costs incurred by the Charterer.

 

The Charterer will indemnify and hold Yachts & Fishin´ and the owner of the Yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the Yacht and related equipment or other Inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the Yacht or dinghy. This Agreement shall be construed and interpreted in accordance with the laws of the state of Quintana Roo, México.