Terms and Conditions for Boatering

Welcome to Boatering! We strive to deliver exceptional yacht rental services while ensuring transparency and clarity in our terms. By using our services, you agree to comply with these terms and conditions, which are designed to safeguard both you and Boatering in all transactions and experiences.

1. General Terms

1.1. Scope of Services:
Boatering specializes in providing yacht rental services designed to offer luxurious, exclusive, and unforgettable nautical experiences. Our services include, but are not limited to, facilitating yacht reservations, assisting with itinerary planning, and coordinating additional services such as catering and entertainment, subject to availability. Boatering’s role is limited to acting as an intermediary between customers and yacht owners or operators, ensuring smooth communication and reliable booking processes.

1.2. Acknowledgment of Policies:
By booking with Boatering, you confirm your understanding and acceptance of the following:

• These Terms and Conditions, which govern the use of our services.
• The Cancellation Policy, which outlines the terms for modifying or canceling reservations.
• The Privacy Policy, which explains how your personal data is collected, used, and protected.
  It is your responsibility to review these policies before proceeding with a booking. Booking through Boatering signifies your agreement to adhere to all outlined terms.

1.3. Updates to Terms:
Boatering reserves the right to modify these Terms and Conditions at its sole discretion to reflect changes in regulations, industry practices, or business operations. Any updates or amendments will be communicated through official channels, including our website and email notifications. Continued use of our services following such updates constitutes acceptance of the revised terms.

2. Reservation and Confirmation Process

2.1. Initiation of the Reservation Process

When the client submits a reservation request through Boatering and provides the corresponding deposit payment, Boatering begins the confirmation process with the selected yacht’s owner or operator.

2.2. Availability Verification

Boatering will contact the owner or operator to confirm the yacht’s availability and obtain a response within a reasonable timeframe. This process may include verifying dates, schedules, capacity, and any other relevant reservation details.

2.3. Lack of Response or Unavailability

In the event that:

• The yacht is not available on the requested date,
• The owner or operator does not respond within the established timeframe, or
• Any circumstance arises that prevents proceeding with the reservation,

Boatering agrees to offer the client the following alternatives:

1. Switching to another yacht of similar characteristics, subject to availability.
2. Refunding the deposit amount if the client does not accept or if it is not possible to switch to another yacht.

2.4. Completion of the Confirmation

Once the owner or operator confirms availability, and any necessary modifications or changes have been agreed upon with the client, the reservation will be deemed confirmed. From that moment on, the cancellation, rescheduling, and payment policies outlined in these Terms and Conditions will apply.

2.5. Boatering’s Limited Liability

Boatering acts solely as an intermediary for communication and validation of yacht availability. Therefore, Boatering shall not be held liable for any delays or inconveniences arising from the owner’s or operator’s lack of response or unavailability, beyond carrying out the necessary actions to offer alternatives or refund the deposit as described in this section.

3. Reservations and Payments

3.1. Reservation Confirmation:
A reservation with Boatering is confirmed only upon receipt of the required deposit or full rental amount, as specified during the booking process. The deposit secures the yacht and the desired date for the customer. Failure to complete the payment within the stipulated timeframe may result in the cancellation of the reservation without prior notice.

3.2. Payment Methods:
Boatering accepts payments via credit card, debit card, wire transfer, or other authorized payment methods as detailed during the booking process. Payments are processed securely, and any additional fees associated with the chosen payment method (e.g., transaction fees) will be communicated to the customer in advance.

3.3. Invoices and Payment Responsibilities:

• Responsibility for Balance Payments: The remaining balance for the yacht rental, if applicable, must be paid directly to the yacht owner, operator, or their appointed administrator as instructed by Boatering. Boatering acts only as a facilitator for the reservation and is not responsible for the collection, management, or invoicing of these additional amounts.
• Invoices Issued by Boatering: Boatering will only issue invoices for the amounts paid directly to Boatering. This includes the reservation fee or any additional services arranged directly through Boatering.
• Third-Party Payments: Any payments made directly to yacht owners, operators, or third-party providers (e.g., catering, fuel, crew gratuities, or other services) are the sole responsibility of the customer. These payments are not subject to Boatering’s invoicing. Customers must obtain receipts or invoices directly from the yacht owner, operator, or service provider for such payments.

4. Cancellation Policy

4.1. Cancellation Terms:
Cancellations are governed by the Boatering Cancellation Policy, which outlines the applicable timeframes and associated penalties. Customers must review these terms carefully before confirming a reservation to avoid misunderstandings. For detailed information, please visit our Cancellation and Refund Policies at: https://boatering.com/refund_returns/.

4.2. Customer Responsibility:
It is the customer’s responsibility to understand and adhere to the cancellation policy, including the specific deadlines for cancellations and any penalties that may apply. Failure to comply with the outlined terms may result in forfeiture of deposits or other charges.

4.3. Refunds for Unforeseen Issues:
In the event that a trip cannot proceed due to external factors beyond Boatering’s control (e.g., adverse weather conditions, mechanical issues, or other unforeseen operational disruptions), Boatering will take the following steps:

• Rebooking Options: Customers will be offered the opportunity to reschedule their reservation at no additional cost, subject to availability.
• Refunds: If rebooking is not possible, Boatering will refund the amount paid directly to Boatering for the reservation. No refunds will be provided for any additional services or costs paid to third parties.

4.4. Exclusions and Limitations:
Boatering will not be liable for any incidental or indirect costs incurred by the customer as a result of cancellations, including but not limited to:

• Travel expenses (e.g., flights, accommodations).
• Payments made to third-party service providers (e.g., catering, entertainment, additional staff).

4.5. Force Majeure:
Boatering will not be held responsible for cancellations or disruptions caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, strikes, or pandemics. In such cases, the customer may be eligible for rebooking or credit for future services, at Boatering’s discretion.

5. Limitation of Liability

5.1. Role of Boatering:
Boatering acts solely as a booking platform, facilitating reservations between customers and yacht owners or operators. Boatering does not own, manage, or operate the yachts provided for rental. Therefore, Boatering is not responsible for any risks, damages, or incidents arising from the use of the yacht or associated activities. Responsibility for these matters lies with the yacht owner, operator, or the customer, as applicable.

5.2. Responsibility of Yacht Owners and Operators:
Yacht owners and operators are solely responsible for:

• The maintenance, safety, and proper functioning of their vessels.
• Compliance with safety protocols, operational guidelines, and all applicable maritime regulations.
• Providing clear instructions and ensuring the safety of all passengers onboard.

5.3. Customer Acknowledgment of Risks:
Customers acknowledge and accept that engaging in water-based activities and yacht rentals involves inherent risks. By proceeding with a booking, customers:

• Assume full responsibility for their own actions and those of their guests while onboard.
• Agree to follow all safety instructions and guidelines provided by the yacht crew or operator.
• Release Boatering from any liability related to personal injury, property damage, or other incidents that may occur during the rental period.

5.4. Third-Party Liability:
Boatering is not liable for:

• Accidents, injuries, or damages occurring onboard the yacht.
• Loss, theft, or damage to personal belongings.
• Events resulting from the negligence or actions of the yacht owner, operator, crew, or the customer.

5.5. Indemnification and Waiver:
By using Boatering’s booking services, customers agree to indemnify and hold Boatering harmless from any claims, liabilities, or disputes arising from:

• The actions or negligence of the yacht owner, operator, crew, or other passengers.
• Any incidents related to the use of the yacht, including but not limited to mechanical failures, adverse weather, or operational disruptions.

5.6. Exclusion of Risk Participation:
Boatering explicitly reserves the right not to participate in any risks or responsibilities associated with the operation of yachts or the activities undertaken during the rental. Boatering’s sole function is to facilitate reservations, and it shall not be considered a party to the operation or management of the yacht.

6. Weather and Operational Disruptions

6.1. Unforeseen Disruptions Beyond Boatering’s Control:
In cases where a trip cannot proceed due to weather conditions, mechanical issues, or other unforeseen operational disruptions beyond Boatering’s control, the following will apply:

• Boatering will make every effort to assist customers by providing alternative options, such as rebooking the reservation or offering credit for future use, subject to availability.
• If no alternative options are feasible, Boatering will refund only the amount paid directly to Boatering as the booking fee. Any additional amounts paid directly to the yacht owner or operator must be resolved between the customer and the respective party.

6.2. Refund Limitations:
Refunds will strictly cover services paid directly to Boatering and will not include:

• Payments made directly to yacht owners, operators, or third-party service providers (e.g., catering, entertainment, or additional staff).
• Incidental costs or expenses incurred by the customer, such as travel arrangements, accommodations, or other related expenses.

6.3. Liability of Yacht Owners and Operators:
The responsibility for addressing mechanical failures, safety compliance, or operational disruptions lies solely with the yacht owner or operator. Boatering’s role is limited to facilitating the reservation process and does not extend to the operation or management of the vessel.

6.4. Force Majeure:
In the event of extraordinary circumstances such as natural disasters, government actions, or other unavoidable disruptions, Boatering will work diligently to provide solutions. However, customers acknowledge that such events are beyond Boatering’s control, and liability remains limited to the booking fee paid directly to Boatering.

7. Use of Services

7.1. Appropriate Use:
Boatering’s yachts are intended exclusively for private leisure use. Commercial activities, large-scale events, or unauthorized purposes are strictly prohibited unless prior written approval is obtained from both Boatering and the yacht owner. Any violation of this clause may result in the immediate termination of services without a refund, and customers will be held accountable for any associated penalties or damages.

7.2. Responsibility for Damages:
Customers assume full responsibility for any damages caused to the yacht, its equipment, or property resulting from:

• Negligence, improper use, or failure to comply with crew instructions and safety protocols.
• Misconduct or inappropriate behavior by the customer or their guests.
  In such cases, the customer will be liable for all repair costs, including any downtime for the yacht due to necessary repairs.

7.3. Third-Party Services:
Boatering acts solely as a reservation platform and is not responsible for any services arranged independently by the customer, including but not limited to:

• Catering, entertainment, or additional staff hired separately.
• Transportation to and from the yacht.
• Activities or excursions coordinated outside of Boatering’s services.
  All arrangements with third-party providers are made at the customer’s discretion and risk. Boatering advises customers to confirm the reliability and terms of such providers.

7.4. Compliance with Yacht Rules:
Customers and their guests must comply with the rules and regulations established by the yacht owner or operator. These rules are provided for the safety and enjoyment of all passengers and include, but are not limited to:

• Prohibited activities, such as smoking in restricted areas or bringing prohibited substances onboard.
• Compliance with local maritime laws and regulations.

7.5. Indemnification:
By using Boatering’s services, customers agree to indemnify and hold Boatering harmless from any claims, liabilities, or damages arising from:

Incidents or damages caused by the customer or their guests.

Misuse of the yacht or violations of these Terms and Conditions.

8. Invoicing Policy

8.1. Proportional Payment for Booking Services:
Boatering only collects a proportional amount of the total yacht rental value as a reservation fee to secure the booking and confirm the date. This amount covers Boatering’s booking services but does not include the total rental cost unless otherwise explicitly agreed.

8.2. Remaining Payments:
The remaining balance of the yacht rental must be paid directly to the yacht owner, operator, or their appointed administrator at the time of boarding. Boatering is not responsible for collecting or managing these payments.

8.3. Invoicing Responsibility:
Boatering will only issue invoices for payments made directly to Boatering. Any remaining balance paid directly to the yacht owner or operator is outside Boatering’s scope of responsibility, and invoicing for those amounts will be handled exclusively by the yacht owner or their administrative team.

8.4. Third-Party Services and Payments:
Additional payments related to services such as crew gratuities, fuel charges, catering, or other third-party services not arranged through Boatering are the sole responsibility of the customer. These payments must be settled directly with the service providers.

8.5. Federal Dock Tax:
In many cases, a federal dock tax will apply, ranging from $1.00 to $20.00 USD per person, which is charged in addition to the yacht rental cost. This tax is mandated by federal authorities, and Boatering has no control over its amount, collection, payment, or invoicing. Customers are responsible for paying this tax directly to the designated authorities or yacht operator at the time of boarding.

8.6. Disputes Regarding Payments:
Boatering is not liable for any disputes, errors, or issues related to payments made directly to the yacht owner, operator, federal authorities, or any third-party service provider. Customers are advised to review all payment terms and obtain appropriate documentation from the respective parties.

9. Customer Responsibilities

9.1. Review of Booking Details:
It is the customer’s responsibility to thoroughly review all booking details upon receiving the confirmation. This includes verifying the date, time, yacht specifications, and any additional services requested.

9.2. Notification of Discrepancies:
Customers must notify Boatering of any discrepancies, required changes, or errors in the booking confirmation within 24 hours of receipt. Boatering will make reasonable efforts to address any adjustments within this timeframe without additional charges.

9.3. Failure to Notify:
Failure to notify Boatering of errors or required changes within the specified 24-hour timeframe may result in:

• The application of penalties for amendments made after this period.
• Forfeiture of any payments related to services impacted by the unreported discrepancies.
  Boatering will not be held responsible for errors or discrepancies reported outside this timeframe.

9.4. Adherence to Payment Deadlines:
Customers are responsible for adhering to all payment deadlines communicated during the booking process. Failure to meet these deadlines may result in the cancellation of the reservation without notice.

9.5. Conduct and Compliance:
Customers are expected to:

• Accept liability for any damages or incidents caused by their actions or the actions of their guests.
• Follow all rules, guidelines, and instructions provided by Boatering and the yacht operator.
• Ensure that their guests comply with safety protocols and behavior standards onboard.

10. Governing Law

10.1. Jurisdiction:
All disputes arising from or related to Boatering’s services will be governed exclusively by the laws of Cancún, Quintana Roo, Mexico. Customers agree to submit to the jurisdiction of the relevant courts in this location for the resolution of disputes.

10.2. Resolution Through Dialogue:
Boatering encourages customers to resolve disputes amicably and in good faith through mutual dialogue before pursuing any legal action. Boatering’s support team is available to assist in addressing concerns and finding solutions promptly..

11. Contact Information

For inquiries, cancellations, modifications, or assistance, please contact us directly:

• Email: support@boatering.com
• Phone: +52 998-258-8716

By booking with Boatering, you confirm your understanding and acceptance of these Terms and Conditions. Thank you for choosing Boatering for your luxury nautical experiences.