This confirmation automatically initiates the terms below, which are published in our rate sheet and on our website. Your contract is with TAILWALKER CHARTER SERVICES SA DE CV 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 charter, including any insurance premiums, cancellation, or amendment charges. A contract exists as soon as TAILWALKER CHARTER SERVICES SA DE CV 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. TAILWALKER CHARTER SERVICES SA DE CV 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 “Fish Riviera Maya."
30% of the charter fee is due upon booking. The outstanding balance should be paid upon arrival at the pier before boarding the yacht.
Cancellations due to weather are exclusively a decision made by Fish Riviera Maya 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 Fish Riviera Maya cannot find a date for rescheduling the tour, Fish Riviera Maya will make a full refund of any deposit paid by the Charterer.
Fish Riviera Maya reserves the right to cancel a tour, and this will be communicated to the Charterer by email or phone before the tour starts, and Fish Riviera Maya will make a full refund of any deposit paid by the Charterer.
Any change in dates, destination or yacht type from the Charterer is considered a cancellation. If any scheduled payment by the Charterer has not been received by the payment due date, Fish Riviera Maya reserves the right to cancel the charter and retain all deposits and fees paid to date.
The following conditions apply for cancellations by the client:
- Up to 14 days prior to the scheduled charter, 10% of the tour's value will be charged.
- Fewer than 14 days prior to the scheduled charter is non-refundable.
Fish Riviera Maya will deliver the vessel to the start port on the specified start date in full commission and ready for service. Should the specified vessel not be available, Fish Riviera Maya reserves the right to substitute a similar vessel with an equal or greater number of cabins. The Charterer must examine the vessel prior to departure to determine whether the vessel and dinghy are in good working order and 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 Fish Riviera Maya for delivery have been fulfilled. If Fish Riviera Maya is unable to deliver the vessel or a substitute within 24 hours of the delivery time specified, the Charterer may cancel this agreement, and the total fee paid to Fish Riviera Maya will be refunded. Should the Charterer not be present or not ready to accept delivery of the vessel for whatever reason at the specified time and place, Fish Riviera Maya reserves the right to reset the time of delivery within a 24-hour period thereafter.
Fish Riviera Maya strictly prohibits the use or consumption of illegal drugs on its vessels 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. Fish Riviera Maya 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 Fish Riviera Maya. This shall in no way limit or diminish Fish Riviera Maya’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.
Fish Riviera Maya, the vessel owner, and the insurance underwriters shall not be held liable for accidents, injuries, or death due to swimming, or the use of snorkels, masks, or allied equipment such as scuba equipment and sailboards.
Our insurance policy provides comprehensive and adequate cover for the equipment and vessels for your skipper and crew. Fish Riviera Maya cannot be held responsible for any loss that 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 the vessel 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. Fish Riviera Maya agrees to insure and keep insured the vessel 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.
The vessel 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 Mexico or of any other government within the jurisdiction of which the vessel may be at the time and shall comply with the law in all other respects. The Charterer agrees to restrict the use of the vessel to the “cruising area” defined in the base information sheet provided to him/her. Rafting to another vessel at anchor is strictly prohibited.
The Charterer shall not assign this Agreement or sub-charter the vessel without the prior written consent of Fish Riviera Maya. Fish Riviera Maya may assign its rights to payments under the charter.
The Charterer accepts responsibility for the proper conduct of themselves and their companions. Fish Riviera Maya reserves the right in our absolute discretion to terminate, without further notice, the arrangements for any Charterer who refuses to comply with the instructions or orders of Fish Riviera Maya and whose behavior or competence in Fish Riviera Maya’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, Fish Riviera Maya’s responsibility for the Charter’s vacation ceases, and it shall not be liable for any costs incurred by the Charterer.
It is understood that Fish Riviera Maya is acting for and on behalf of the owner of the vessel, and neither Fish Riviera Maya 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 vessel. Fish Riviera Maya makes no representations other than those contained in this Contract, the current Fish Riviera Maya brochure and any written materials provided as part of the booking procedures. Fish Riviera Maya 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 Fish Riviera Maya and the owner of the vessel 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 vessel 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 vessel or dinghy. This Agreement shall be construed and interpreted in accordance with the laws of the state of Quintana Roo, Mexico.