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OUR TERMS AND CONDITIONS
What personal information does Deluxeprivateboats.com gather from me?
Making a reservation.
RESERVATION: This confirmation automatically initiates the terms below which are published in our rate sheet and on our website. Your Contract is with Grupo Deluxe Tours Cozumel S.A. de C.V. By reserving a tour with us it means you have read and accepted these booking conditions. The party leader, hereinafter referred to as the “Charterer,” will be responsible for the full cost of the vacation including any insurance premiums, cancellation, or amendment charges. A contract exists as soon as Grupo Deluxe Tours Cozumel S.A. de C.V. issues your invoice.
You should check the details of your invoice carefully to ensure that it accurately reflects the booking and charges accurately, based on the tour and extras you have requested, and immediately inform us of any discrepancies. Grupo Deluxe Tours Cozumel S.A. de C.V. may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents who, hereinafter, shall be referred to collectively as “Deluxe Private Boats.”
PAYMENT TERMS: 20% to 50% of the charter fee is due upon booking. The outstanding balance should be paid upon arrival at the office before boarding the yacht.
We take steps to protect against the loss, misuse, or unauthorized alteration of personally-identifiable information collected through this Web site. We recognize the importance of security for all personally-identifiable information collected by our Web site. We exercise care in providing secure transmission of your information from your computer to our servers.
Once we receive personally-identifiable as part of the reservation process, we take steps to protect its security on our systems. In the event we request or transmit sensitive information, such as credit card information, we use industry standard, secure socket layer (“SSL”) encryption.
We understand that sometimes things happen, and we can’t always have fun on a yacht in the Caribbean, which is why we allow cancellations for tours with at least 14 days in advance notice (14 days from the departure date). However, if you simply do not show up or cancel with less than 14 full days notice before the departure date, we cannot issue a full refund or administrative charges may apply.
Our tours are mostly booked two months, five months, or even a year in advance. With such short notice, we will have an almost impossible task of filling the time slot we’ve been holding for you. However! The fantastic news is that we have a 100%, no-fuss inclement weather refund policy. If the conditions are unsuitable or unsafe for a day at sea we offer a full refund, no questions asked.
Of course, we will do our best to reschedule around the weather since you will surely still want to head out to sea! Our whole goal is to make sure you have the best day possible on the water.
CANCELLATION TERMS: Cancellations due to weather is exclusively a decision made by Deluxe Private Boats and will be communicated to Charterer by email or phone before the tour starts. If a cancellation is done due to weather and the Charterer and Deluxe Private Boats cannot find a date for rescheduling the tour Deluxe Private Boats will make a full refund of any deposit paid by Charterer.
Deluxe Private Boats reserves the right to cancel a tour and this will be communicated to Charterer by email or phone before the tour starts and Deluxe Private Boats will make a full refund of any deposit paid by Charterer.
Any change in dates, destination, or yacht type from Charterer is considered a cancellation. If any scheduled payment by Charterer has not been received by the payment due date, Deluxe Private Boats 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.
– Up to 10 days before charter, 90% refund of the tour value
– 3-9 days prior to charter, 70% refund of the tour value
– 2 days prior to charter, 50% refund of the tour value
– Less than 48 hours prior to charter is non-refundable 100% will be charge of the tour. value
Deluxe Private Boats 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, Deluxe Private Boats 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, are 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 Deluxe Private Boats for delivery have been fulfilled. If Deluxe Private Boats 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 Deluxe Private Boats 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, Deluxe Private Boats reserves the right to reset the time of delivery within a 24 hour period thereafter.
ACCIDENTAL DAMAGE, DEATH & INJURY: Deluxe Private Boats 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. Deluxe Private Boats 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 Deluxe Private Boats. This shall in no way limit or diminish Deluxe Private Boats’s accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.
SKIN DIVING & SWIMMING: Deluxe Private Boats, 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, mooring and docking fees, port charges, 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 pro rata for the time that such delivery is delayed plus any losses that Deluxe Private Boats 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, Deluxe Private Boats 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 the United States 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 Deluxe Private Boats. Deluxe Private Boats may assign its rights to payments under the charter.
COMPETENCY: The Charterer certifies that he/she is experienced and competent in the
handling and operation of inboard auxiliary powered sailing craft of the general type and size as the Yacht herein chartered and that the Charterer has also had a sufficient practical knowledge of seamanship, piloting and Rules of the Road. The Charterer shall not delegate any of these duties to any person not equally qualified. The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper and leading crew member are aboard except while safely moored. Deluxe Private Boats may in its sole discretion verify the Charterer’s or leading crew’s competency at the time of the charter. Should the Charterer or leading crew be deemed less than fully competent by Deluxe Private Boats in it’s sole discretion, Deluxe Private Boats may provide for the Charterer, at the Charterer’s expense, a hired hand to assist the Charterer in achieving competency. Should a hired hand be unavailable, Deluxe Private Boats may restrict the Charterer’s use of the Yacht to the charter party’s occupancy of the Yacht at Deluxe Private Boats’s dock until a suitable hired hand has become available. The Charterer acknowledges that Deluxe Private Boats does not independently investigate the
competency of any Charterer to sail, but relies solely and exclusively on the resumes provided. The Charterer further acknowledges that Deluxe Private Boats in it’s sole discretion may refuse to release a Yacht for sailing but this exercise of discretion shall in no way be construed as an acknowledgment or determination of the competency for sailing of the Charterer’s crew or the assumption of any liability for loss or damages incurred as a result of sailing, for which the Charterer assumes sole responsibility.
TERMINATION OF VACATION & INDEMNITY: The Charterer accepts responsibility for the proper conduct of themselves and their crew. Deluxe Private Boats 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 Deluxe Private Boats and whose behavior or competence in Deluxe Private Boats’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, Deluxe Private Boats’s responsibility for the Charter’s vacation ceases and shall not be liable for any costs incurred by the Charterer.
CREW: Deluxe Private Boats shall provide a competent skipper/guide for the Charterer if so requested in advance. Although the Charterer shall exercise control over the Yacht, the Charterer shall depend upon the skipper/guide for the safe navigation of the Yacht and shall abide by the judgments of the skipper/guide as to sailing, weather, anchorages, and pertinent matters. The Charterer shall not have the authority to discharge the skipper/guide without prior consent from Deluxe Private Boats.
MISCELLANEOUS: It is understood that Deluxe Private Boats is acting for and on behalf of the owner of the Yacht. Neither Deluxe Private Boats nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the Yacht. Deluxe Private Boats makes no representations other than those contained in this Contract, the current Deluxe Private Boats brochure, and any written materials provided as part of the booking procedures. Deluxe Private Boats will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. The Charterer will indemnify and hold Deluxe Private Boats 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, Mexico