TERMS AND CONDITIONS FOR THE USE OF THE BOAT BY THE USER.
BOAT USE POLICIES.
The client accepts and acknowledges that he is responsible for the use he gives to the boat, as well as for the observance of exact compliance with the terms and conditions that he subscribes in this act in accordance.
• The Client acknowledges that at all times the final authority during the time on board the vessel will be the Skipper of the Vessel, so he has the necessary powers to take any situation at all times, until the end of the trip if In his opinion, the integrity of the crew, passengers or the boat itself is at risk.
• The Client agrees to obey the instructions of the skipper and crew at all times.
• The duration of the use of the boat will be expressly indicated on the BOATY portal.
• Minors must always be accompanied or supervised by an adult.
• Smoking is prohibited on board.
• It is prohibited to carry out any type of diving, jumping, throwing objects into the sea, handling navigation instruments of the boat or any similar situation. Some diving can only be done when the boat is immobile and with the authorization of the Skipper, with the understanding that the Skipper will not be responsible for any accident derived from these physical activities.
• The responsible consumption of alcoholic beverages will be the responsibility of the client, with the understanding that in the event of undue abuse of this substance it may lead to the cancellation of the trip without the right to a refund.
• The use and consumption of illegal substances and weapons are totally prohibited on board.
• The client agrees to give him good use of the boat and agrees to cover the cost and damage, breakage, theft or loss that are generated by negligence or misuse of the boat or the accessories described in the boat's inventory Therefore, in this act, BOATY is expressly released from all responsibility for any situation or events of this nature.
• The client agrees to deliver the boat in the same conditions as it was delivered. At the time of the conclusion of use of the boat, both parties will proceed to inspect the boat and jointly review the inventory, at which time they will be declared, the Employer will establish the existence of damages, if any. In case of damage, the client accepts that the credit card registered at the time of the reservation will be used to cover them and therefore the Client accepts that charge.
• ;BOATY is not responsible for damages or losses that may occur during the rental period in the personal property of the passengers.
• ;BOATY will not be responsible for injuries, personal damages, or materials produced as a result of accidents that occurred in relation to diving, swimming or activities such as water skiing, wakeboarding , jet skiing or any other activity or water sport that takes place during the validity of the use of the boat.
RESERVATION AND FEE PAYMENT POLICIES.
The client agrees to follow the following policies for reservations and cancellations of the use of the boat.
• The client is aware and agrees that the BOATY does not own any boat, so its intervention and function is solely to facilitate the use of the boat that is granted directly from the owner of the boat that prior to this act, registered your boat on the BOATY portal
• The payments of the rate will be made by means of payment authorized through the BOATY portal, with the understanding that the transaction will be subject to card payment systems, transfers or other controllers that are foreign to BOATY for what that it will not be responsible for the proper functioning of said systems, so the client releases it from all liability for claims or disputes that may arise between the bank collection systems and the client.
• The rates of each boat will be those that are promoted on the portal and/or on the official BOATY routes or channels, so any rate other than this will not be valid.
• At the time of booking the boat, BOATY will proceed to charge 100% of the fee for the use of the boat, on the credit card that the user has provided when registering as a user in the BOATY portal.
CANCELLATION POLICY.
The client is aware and agrees to abide by the following cancellation policies for the use of the boat. BOATY will be empowered to make cancellations to reservations with the right to refund the rate to the client when any of the following cases occurs:
• Technical problems in the boat that prevent the start or interrupt the correct development of the navigation of the boat.
• In the event of weather conditions that are so extreme that they directly compromise the safety of the passengers or the boat. Cancellation due to extreme weather conditions can only be taken by the BOATY and not by the user. In the understanding that situations such as rain, bad weather, cloudy skies, wind are not grounds for cancellation of the service by the user.
• For any reason that, in the opinion of BOATY, compromises the correct development of the service or the safety of the passengers or the boat.
In all the above cases, BOATY will have up to a maximum period of 45 days to make the refund of the payment made, in the understanding that there will be no responsibility if for reasons attributable to the banking institution any delay in the return of the amounts paid.
For his part, the CLIENT may cancel the service after payment of the usage fee, in accordance with the following:
• ;If the cancellation is made 30 (thirty) days prior to the scheduled date for the service, BOATY will refund 100% (one hundred percent) of the entire payment made.
• If the cancellation is made 10 (ten) days prior to the scheduled date for the service, BOATY will refund 50% (one hundred percent) of the entire payment made.
• If the cancellation is made one day or less before the scheduled date for the service, BOATY will not make any refund.
RELEASE OF LIABILITY.
Both the owner of the boat and the user agree that BOATY will only provide the services of promotion and commercialization of the use of the Boat, for which reason its responsibility only includes the obligations contained in the terms and conditions established herein, in such a way that the client expressly releases BOATY for accidents or any type of setback presented during the service, whether caused to third parties, directly to the boat, injuries to passengers, death of passengers, negligence of the Skipper, violation of the provisions regarding navigation, damage to coastlines or maritime fauna, and general any other caused by the improper use of the Vessel or the lack of any of the terms and conditions by the client, the owner or third parties unrelated to BOATY, waiving any claim of a civil or judicial nature.
The client agrees to subscribe to these terms and conditions in an informed, conscious and legal manner, stating that he is of legal age, that he has the necessary powers to assume the rights and obligations of this agreement, assuming the responsibility that all of the above entails.
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