Last update: 09/05/2024
This Terms of Service agreement, as amended from time to time, (“Agreement”) is between Tulum Charters, LLC. a Florida limited liability company and its affiliates (“Tulum Charters” or “we”), and you (“you” or “Party Leader”). By using our website or communicating with our team via any medium, you agree to comply with and be bound by the following terms and conditions.
COMMUNICATION
By interacting with any of our platforms and/or submitting any form, you agree that we may contact you via email, whatsapp or SMS. Message frequency varies. Message and data rates may apply. You can opt-out of SMS at any time by replying STOP.
RESERVATION
Completing payment of the booking fee confirms a reservation on a specific itinerary and type of vessel, along with any extras detailed in the invoice. You will have the opportunity to review all details and ask all relevant questions related to your reservation before completing your booking.
The individual booking the charter, hereinafter referred to as the “Party Leader,” will be responsible for the full cost of the experience including any cancellation or amendment charges. You should check the details of your invoice carefully to ensure that it accurately reflects the booking and charges based on the experience and or extras you have requested and immediately inform us of any discrepancies or changes. TULUM CHARTERS may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and or agents.
PAYMENT TERMS
A deposit of approximately 20% of the total value of your booking is due as soon as your reservation is confirmed. This amount varies slightly depending on the vessel you choose for your experience.
The remaining amount is due before boarding the boat and must be paid directly to the ship’s crew. All our partners accept cash, credit and debit cards. Please be advised that credit and debit card transactions are subject to a potential surcharge of up to 6% as determined by the third-party processor’s rates and fees. Notification of any such surcharges will be provided in advance. Credit and debit card payments rendered upon boarding will be processed in Mexican pesos by the provider. Exchange rates applied by the provider may vary from the rates offered by your financial institution, resulting in potential discrepancies in the total amount charged. To mitigate any foreign exchange rate risk, cash payments are recommended.
TULUM CHARTERS and its partners have a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from TULUM CHARTERS and all its partners. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies and may be sold to third party debt collectors.
CANCELLATION TERMS
Cancellations due to weather are exclusively the Captain’s decision and will be communicated to the Party Leader by email or phone before the experience starts. If a cancellation happens due to weather, we will do our best to reschedule your charter as long as there is a vessel of the same type available on a date that fits the Party Leader’s schedule. In case the Captain or service provider decides to cancel due to weather, the Party Leader may choose to receive a credit for the deposit which can be used for future bookings or receive a full refund.
In case the Party Leader cancels, reschedules, changes the number of guests, or changes anything in the menu or add ons for any reason:
More than 15 days before the charter:
- Cancellation: Deposit credit will be issued with may be used for future bookings
- Change in number of guests: No fee.
- Rescheduling: No fee.
- Changes in menu and add ons: No fee.
Within 15 to 8 days before the charter:
- Cancellation: Deposit forfeited.
- Change in number of guests: No fee.
- Rescheduling: No fee.
- Changes in menu and add ons: No fee.
Within 7 days to 24 hours before the charter:
- Cancellation: 50% of the charter value will be automatically charged to the party leader’s card.
- Change in number of guests: No fee.
- Rescheduling: $200 fee.
- Changes in menu and add ons: $200 fee.
Within 24 hours of the charter:
- Cancellation: Full charter value will be automatically charged to the party leaders’ card.
- Change in number of guests: Not allowed.
- Rescheduling: Not allowed.
- Changes in menu and add ons: Not allowed.
Any change in dates, destination, vessel type, number of guests, or menu items requested by the Party Leader are subject to availability and may incur a fee besides any change in booking rate.
NO-SHOWS
By booking a yacht experience at TULUM CHARTERS you are committing to pay the remaining balance of the total reservation value to the ship’s crew upon boarding. Our cancellation policies are very flexible and allow you to cancel or reschedule easily up to 24 hours before the date and time of your experience. Not showing up for your charter or cancelling within 24 hours of the date and time of your booked experience makes you liable for the full price of the charter. If this happens, your card will be automatically charged the outstanding balance. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies and may be sold to third party debt collectors.
ACCIDENTAL DAMAGE, DEATH & INJURY
All of TULUM CHARTERS’ partners strictly prohibit the use or consumption of illegal drugs on any vessel or facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Party Leader and other passengers accept that risk. TULUM CHARTERS and its partners 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 the crew. This shall in no way limit or diminish TULUM CHARTERS’ or its partners’ 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.
DIVING & SWIMMING
TULUM CHARTERS, the boat or 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 Party Leader agrees to pay any additional running expenses incurred by changes to the charter plan, or additional requests made by the Party Leader, during the term of the charter. Such additional running expenses may include, but are not limited to:
- Food and other consumable stores
- Fuel
- Pilotage
- Mooring
- Docking fees
- Port charges
- Cruising taxes
- Park permits
- Customs
- Provisions
- Supplies for the Party Leader and their party
EQUIPMENT AND BOAT / YACHT INSURANCE COVERAGE
Service providers will have an insurance policy that provides comprehensive and adequate coverage for equipment, yachts, and crew. TULUM CHARTERS or its partners will not be held responsible for any loss which may come as a result of the insurers refusing coverage including without limitation, the Party Leader or guests 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 boats or yachts and equipment be caused as a result of not obeying the crew’s instructions, you will be liable for the full amount of repair or replacement and any other resulting costs. Adults will, at all times, be responsible for minors in their charge. The service providers insure the boat or yacht against third party liability and marine public liability to such an extent as the service provider 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 service provider), or damage to or loss of property of any person on board against which we recommend you insure prior to the charter. Advice about property and health insurance is available from TULUM CHARTERS upon request.
RE-DELIVERY
The Party Leader shall surrender the Boat or 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 the clean state as when delivered (fair wear and tear from ordinary use excepted), and having properly cleared customs. The Party Leader is responsible for allowing sufficient time for unforeseen contingencies to permit the return of the Boat or Yacht at the stated time. Should the Party Leader not make re-delivery of the Boat or Yacht at the time and place previously stipulated for any cause, other than that caused by an occurrence beyond the Party Leader’s control, the Party Leader shall pay a charter fee pro-rata for the time that such delivery is delayed plus any losses that the Boat or Yacht owner may sustain due to the delayed delivery. The Party Leader shall surrender the vessel’s equipment in as good a condition as delivered, fair wear and tear excepted. If the Boat or Yacht requires unusual cleaning, the service provider may charge the Party Leader accordingly.
RESTRICTED USE
The Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Party Leader, 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 Mexican laws or laws of any other government within the jurisdiction of which the Boat or Yacht may be at the time and shall comply with the law in all other respects. The Party Leader agrees to restrict the use of the Boat or 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 Party Leader is not permitted due to poor visual reference.
NON ASSIGNMENT
The Party Leader shall not assign this agreement or sub-charter the Boat or Yacht without the prior written consent of TULUM CHARTERS. TULUM CHARTERS may assign its rights to payment under the charter booking to a third party
TERMINATION OF BOOKING & INDEMNITY
The Party Leader accepts responsibility for the proper conduct of themselves and their party. The service provider reserves the right in their absolute discretion to terminate without further notice, the booking arrangements for any Party Leader who refuses to comply with the instructions or orders of the service provider and/or Captain and whose behavior or competence in their 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, the service provider’s responsibility for the Party Leader’s booking ceases and shall not be liable for any costs incurred by the Party Leader.
PUBLICITY, NAME & LIKENESS
By booking a service, posting content, and/or commenting on any of our platforms, you hereby consent to Tulum Charters’ use of your name, image, likeness, voice, and any photographs or videos in which you appear (“Materials”), for any purpose, including but not limited to advertising, promotion, marketing, and packaging for any product or service. You agree that these Materials may be edited, altered, or combined with other images, sounds, text, and graphics at Tulum Charters’ sole discretion, and used in any medium, including but not limited to digital and print formats, globally, in perpetuity without any obligation to you, including without limitation any form of compensation.
You acknowledge and agree that any photographs or videos taken by service providers booked through Tulum Charters are the exclusive property of Tulum Charters, and you grant Tulum Charters an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
Furthermore, you expressly release Tulum Charters, its agents, employees, licensees, successors, and assigns from and against any and all claims, demands, liabilities, damages, costs, and expenses whatsoever, including legal fees, that you ever had, have, or will have in the future against Tulum Charters related to the Materials, including but not limited to claims for invasion of privacy, infringement of your right of publicity, defamation, false light, and any other personal and/or proprietary rights.
DJ SERVICE EQUIPMENT USE POLICY
When opting for the DJ service offered by Tulum Charters, the party leader and their guests are hereby notified and agree to the following conditions regarding the use of DJ equipment:
- Prohibition of Unauthorized Equipment Use: All guests are expressly prohibited from using, handling, or otherwise touching the DJ’s equipment unless explicit permission is granted by the DJ. The DJ reserves the sole and absolute discretion to allow or deny the use of their equipment by any guest.
- Liability for Damages: In the event that any guest violates the aforementioned prohibition and causes damage to the DJ’s equipment, whether through direct interaction or indirectly as a consequence of unauthorized use, the party leader who booked the DJ service agrees to be financially responsible for the full cost of repairing or replacing the damaged equipment. The assessment of damage and the determination of the repair or replacement costs will be made by Tulum Charters or its designated representative, and such determination shall be final and binding.
MISCELLANEOUS
It is understood that TULUM CHARTERS is acting for and on behalf of the owner of the Boat or Yacht. Neither TULUM CHARTERS nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Party Leader’s use of the Boat or Yacht. TULUM CHARTERS makes no representations other than those contained in this Contract, the current TULUM CHARTERS brochure and any written materials provided as part of the booking procedures. TULUM CHARTERS will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Party Leader for any reason whatsoever. The Party Leader will indemnify and hold TULUM CHARTERS and the owner of the Boat or 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 the use, operation, or possession of the boat or Yacht and related equipment or other property owned by the Party Leader or any crew, and from any claims whatsoever from loss or damage to personal property of the Party Leader or any crew carried on the Boat, Yacht or Dinghy.
LAW AND JURISDICTION
This Agreement shall be interpreted in accordance with the laws of the State of Florida, applicable to contracts made and to be performed within the State of Florida and without regard to the choice of law provisions therein.
AMENDMENTS
We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on www.tulumcharters.com and changing the effective date above.
ARBITRATION
Any disputes will be resolved through binding arbitration in Miami, Florida, in accordance with Florida law. The prevailing party is entitled to recover attorney’s fees and costs.
FOOD & BEVERAGE
Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.