Terms & Conditions: Terms and Conditions

BOAT RENTAL AND GENERAL TERMS AND CONDITIONS

Nautical Rental Agreement

Between THE LESSOR, owner, lawful possessor, or authorized operator of the vessel subject to this agreement, and the CLIENT or LESSEE, whose details appear in the reservation, jointly referred to as “THE PARTIES,” the following is agreed:

FIRST. NATURE OF THE AGREEMENT

This agreement is private, commercial, and maritime in nature, and does not constitute a public passenger transportation service. It shall be governed by the laws of the Republic of Panama, especially the Commercial Code, applicable maritime regulations, and the principle of freedom of contract.

SECOND. RESPONSIBILITY OF THE LESSEE

The LESSEE assumes full and exclusive responsibility for their conduct and for the conduct of all their guests or companions, expressly, fully, and irrevocably releasing THE LESSOR, owners, operators, captains, crew, and collaborators from any claim, damage, loss, injury, or harm, whether direct or indirect, caused by acts or omissions of the passengers.

THIRD. AUTHORITY OF THE CAPTAIN

The captain shall be the highest authority on board and may, at their sole discretion, deny boarding, modify the route or itinerary, suspend or terminate the trip, or disembark passengers whenever they deem it necessary for reasons of safety, weather conditions, alcohol or substance consumption, risky conduct, or breach of this agreement, without giving rise to any right to reimbursement.

FOURTH. CANCELLATION BY THE LESSOR

If THE LESSOR cancels the service for reasons exclusively attributable to THE LESSOR, the LESSEE shall be entitled only to the refund of the amounts actually paid, without interest, penalties, or additional compensation.

FIFTH. FORCE MAJEURE AND MARITIME CONDITIONS

It shall not be considered a cancellation attributable to THE LESSOR, and there shall be no obligation to provide a refund, when the suspension, modification, or interruption of the service is due to adverse weather conditions, rough seas, strong winds, heavy rain, provisions issued by the Panama Maritime Authority, navigation risks, sudden unforeseeable mechanical failures, acts of God, or force majeure. In such cases, THE LESSOR may offer rescheduling subject to availability, without any obligation to refund money.

SIXTH. CANCELLATION BY THE LESSEE

If the LESSEE cancels thirty (30) days or more in advance, the LESSEE may receive a maximum refund of eighty percent (80%) of the amounts actually paid, after deducting administrative, banking, and payment gateway fees. If the cancellation occurs twenty-nine (29) days or less in advance, there shall be no right to a refund. The advance payment shall have the nature of penitential earnest money and shall not be refundable in the event of cancellation by the LESSEE.

SEVENTH. RESCHEDULING

Between twenty-nine (29) and sixteen (16) days before the reserved date, one single rescheduling shall be allowed, subject to availability and without any refund of money. Fifteen (15) days or less in advance, no rescheduling, credit, or refund shall apply.

EIGHTH. NO-SHOW

Failure of the LESSEE or any of their companions to appear at the established place, date, and time shall be considered as service rendered, without the right to a refund, credit, or change of date.

NINTH. ALCOHOL, SUBSTANCES, AND RISKY CONDUCT

THE LESSOR shall not be liable for accidents, injuries, damages, or losses arising from alcohol consumption, prohibited substances, reckless conduct, jumping into the water without authorization, fights, or failure to comply with safety rules. Each passenger participates and sails at their own risk.

TENTH. LIMITATION OF LIABILITY

THE LESSOR shall not be liable for indirect damages, moral damages, loss of profits, loss of enjoyment, theft, loss, or deterioration of personal belongings. Each passenger shall be responsible for their own belongings.

ELEVENTH. DAMAGE TO THE VESSEL

Any damage caused to the vessel, equipment, or facilities by the LESSEE or any of their guests shall be fully assumed by the LESSEE, including repair costs, replacement, labor, and loss of use of the vessel.

TWELFTH. PREGNANCY AND MEDICAL CONDITIONS

Pregnant passengers or passengers with pre-existing medical conditions participate under their own responsibility. THE LESSOR may deny boarding if THE LESSOR considers that there is a risk to the safety of the passenger or third parties, without giving rise to any right to reimbursement.

THIRTEENTH. SUBSTITUTION OF VESSEL

THE LESSOR may substitute the reserved vessel with another vessel of similar or superior characteristics in the event of breakdown, maintenance, operational reasons, or safety reasons, without this constituting a contractual breach.

FOURTEENTH. DOCUMENTATION

All passengers must carry a valid personal identity card or passport. Failure to provide the required documentation shall not give rise to any right to refund, credit, or rescheduling.

FIFTEENTH. JURISDICTION

For all legal purposes arising from this agreement, THE PARTIES agree to submit to the laws of the Republic of Panama and to the jurisdiction of the competent courts of the Republic of Panama, expressly waiving any other jurisdiction that may correspond to them.

SIXTEENTH. ACCEPTANCE

Payment of the reservation shall imply the express, full, and irrevocable acceptance of all clauses and conditions established in this agreement.