1.      The rental price must be paid as follows: 50% upon reservation of the Boat and the remaining 50% at least 15 days before the day corresponding to the start of the lease.

 

2.      The rental price includes the insurance of the Boat, operation by the Captain and trip, fuel necessary to carry out the agreed trip and the cleaning of the Boat at the end of the trip.

 

3.      In the event that the Client is deprived of using the boat partially or permanently due to a fault produced during the rental period, it will not entitle him to request reimbursement of the amounts paid to the Operator, except in the case that was attributable to the latter, in which case and as the only resource at the Client’s expense, it will be reimbursed in proportion to the time remaining until the fulfillment of the contract.

 

If for reasons of breakdowns or for any reason beyond the control of the Operator, produced prior to the start of the lease, it is not possible to deliver the leased Vessel, the full refund of the price paid up to that moment for the lease will be made.

 

4.      The Client agrees to pay the Operator the resulting amount at the price agreed in the lease. The amount of the damages suffered, totally or partially, and that are not covered by the exemptions contracted by the Client. The amount corresponding to the fines for any infraction of the current legislation, as well as the corresponding charges in the delay of payment and the judicial or extrajudicial expenses that the Operator could have incurred because of the foregoing.

 

USE: The Client agrees to give good use and to maintain the Vessel in good condition, as well as to be responsible for the integrity of what appears in the inventory, responding, therefore, for any damage, breakage, theft or loss.

 

5.      The designated Captain will be responsible for the Vessel and for navigating under the appropriate security measures, with which the Client and the rest of the passengers (guests) agree to obey the instructions of the Captain and the crew at all times.

 

6.      The Operator undertakes to provide a captain with the knowledge, experience, and qualifications necessary for the intended navigation. The leased Vessel can only and exclusively be navigated by the indicated Captain, who is the only one authorized to do so.

 

7.      SPECIAL CONDITIONS: The following special conditions of the lease of the Vessel that must be met with strict adherence by the Client and the passengers (guests) that will occupy the Vessel during the term of this contract:

 

a.      The luggage of the passengers (guests) must be duffle bags, hard suitcases or suitcases with wheels are not allowed. (For reasons of space).

b.      Shoes with black soles are not allowed on board the Vessel. Preferably white or neutral rubber sole.

c.      Smoking is prohibited on board, only in the outdoor areas designated by the crew.

d.      Minors must always be accompanied or supervised by an adult and not under the responsibility of the crew.

e.      Professional diving is NOT allowed, only snorkeling allowed under the supervision of accredited personnel in the face of official Institutions and only in areas authorized for this purpose.

f.       Nevertheless, the Client and the passengers (guests), acknowledge that the use of the Vessel, auxiliary or water toys on board (including seabobs) is entirely at their own risk and agrees to indemnify, defend and hold harmless liability to Operator, its charterers, managers, brokers, captains and employees from and against any litigation, damages, expenses or liabilities arising out of the performance of this Agreement or the use of auxiliary vessels, including, but not limited to, claims, damages, expenses or liabilities for fines, loss or damage to any property, or for death or injury to any person or persons.

g.      The Operator is not responsible for snorkeling equipment, toys, or nautical equipment not included in the Vessel’s inventory and its correct use is the Client’s responsibility.

h.      Notwithstanding the foregoing, the Client and the passengers (guests), acknowledge that the use of the Vessel, auxiliary or water toys on board (including seabobs) is entirely at their own risk and agrees to indemnify, defend and hold harmless liability to Operator, its charterers, managers, brokers, captains and employees from and against any litigation, damages, expenses or liabilities arising out of the performance of this Agreement or the use of auxiliary vessels, including, but not limited to, claims, damages, expenses or liabilities for fines, loss or damage to any property, or for death or injury to any person or persons.

i.       The Operator is not responsible for snorkeling equipment, toys, or nautical equipment not included in the Vessel’s inventory and its correct use is the Client’s responsibility.

j.       The parties agree on the basis that this contract deals exclusively with the rental of the Vessel, including the Captain and the crew necessary to operate the Vessel and noting that the use of any nautical elements such as jet skis, sea bob, jet or similar that are used by the lessee simultaneously with the contractual use of the reference Vessel will be carried out under his sole responsibility. The damages that could eventually be caused to any persons or things or to the Vessel itself contracted for the use of these during the term of this agreement will be borne and satisfied by the Client in any case with his present and future assets. This clause serves to exonerate the Operator expressly in all concepts related to its content.

k.      Alcohol will not be allowed on board except that provided by the Operator.

l.       The Vessel has a GPS tracking system.

m.    Payments including VAT must be made in full before sailing.

n.      It is customary and voluntary, but not mandatory, to gratify the crew at the renter’s discretion.

o.      Drugs and weapons are totally prohibited on board.

 

8.      INSURANCE: The Vessel object of this contract is covered by the insurance policy, a copy of which is on board, the Client states that he knows its content and scope, forcing himself to take whatever measures are necessary to act in accordance with the obligations contained therein, being, where appropriate, solely responsible for the consequences arising from non-compliance with such obligations. Neither the Operator, nor the Captain, nor the crew, nor the Vessel, will be responsible for injuries, personal damage, or material damage caused as a result of accidents that occur in relation to diving, snorkeling, swimming, fishing or activities such as water skiing, wakeboarding, small boats, jet ski or any other water sport or activity.

 

9.      RESPONSIBILITIES AND INDEMNIFICATIONS. The “Operator Group” means the following:

 

The Operator, its affiliates, its subsidiaries, its contractors and subcontractors at any level, its suppliers and all personnel directly or indirectly employed by any of the foregoing, or any member of the Operator’s group.

 

The “Tenant Group” means the following: The Tenant, its guests, companions, affiliates, its subsidiaries, its contractors and subcontractors at any level, its suppliers, its clients, including and all personnel directly or indirectly employed by the employees of any of the foregoing or any member of the Renter’s Group.

 

a.      The Parties covenant and agree that the Renter shall be liable for personal injury or death to any member of Renter’s Group resulting from or in any way related to this Agreement and its extensions, even if such loss, damage, injury or death is caused in whole or in part by the act, negligence or default of the Operator Group, and even if such loss, damage, injury or death is caused in whole or in part by the unseaworthiness of the Vessel; therefore, the Lessee shall compensate, protect, defend and hold harmless the Operator Group from any and all claims, costs, expenses, actions, proceedings, lawsuits, demands and liabilities arising out of or in connection with said loss, damage, personal injury or death.

b.      The Parties covenant and agree that the Operator Group shall not be liable to the Lessee for loss, damage, or any liability arising from this Contract or arising from anything or property affected by the Vessel, any personal or valuable item on board or carried in the Vessel or its lifeboats, owned by any member of the Renter’s Group, whether owned or leased, or for personal injury or death to any member of the Renter’s Group or any person on board the Vessel, arising out of or in any way related to this Agreement, even if such loss, damage, liability, injury or death is caused in whole or in part by the Operator’s act, negligence or default, including unseaworthiness of the Vessel, for which the Lessee must indemnify, protect, defend and hold harmless the Operator Group from any and all claims, costs , expenses, actions, proceedings, lawsuits, lawsuits and liabilities arising out of or in connection with such loss, damage, liability, personal injury or death.

c.      The Parties covenant and agree that nothing contained in this Contract will be interpreted or considered as a deprivation of the Operator and/or Lessee, nor against any person or party, even one with respect to the other, to claim any right to limit the liability established by any applicable law, statute, or convention. Where the Parties may seek compensation under the provisions of this Agreement or against each other in connection with a claim brought by a third party, the Parties will seek to limit their liability to such third party.

 

10.  RETURN: At the time of delivery of the Vessel, both parties will proceed to inspect the Vessel and check the inventory, at which time they will declare that they are compliant and to their full satisfaction, as well as in suitable condition for use in the sea.

 

The Client undertakes to deliver the Vessel in the same conditions that it had at the beginning of the voyage, (Conditions established according to the inventory list) although the final cleaning of the vessel will be borne by the Operator. Negligence, improper use, mistreatment of the Vessel and non-compliance with the Law or the provisions of this contract, will be sufficient reason for the instant termination of this contract, leaving the amounts paid in favor of the Operator as compensation. compensation.

 

11.  DEPOSIT: The amount delivered as a deposit will remain in the possession of the Operator and will serve as a guarantee for the correct fulfillment of the conditions of this contract, as well as to respond for malicious or negligent damage to the Vessel and its equipment, and in general to cover possible loss or breakage of the material, port duties except mooring expenses in the base port. The Deposit will be delivered by the Client at the time of boarding and will be made in cash or with a VISA or MASTERCARD card.

 

Once the lease contract is finished and the Vessel is returned, the difference will be reimbursed to the Client once the liquidation has been made, if applicable, of the entire concept of extras and once the good condition of the Vessel and its equipment has been verified. The return of the deposit will be made within 48 hours after the rental.

 

In the event of an accident, stranding or any other circumstance directly attributable to negligence, malicious damage, or ignorance on the part of the Client, the Operator keeps the right not to reimburse the deposit to repair the damages caused by the events or by the lack of commercial use of the Vessel.

 

The amount to be paid or withheld as a bond will be US$1,000.00 (one thousand dollars Americans) and must be covered at least 15 days before sailing.

 

12.  NAVIGATION LIMITS: The leased Vessel may only navigate by sea at a maximum distance marked by the current Vessel’s own navigability certificate. Likewise, navigation by sea is limited to jurisdictional waters of Mexico, and outside the national territory with the prior written consent of the Operator. The Lessee and the passengers (guests) must have the corresponding permit granted by the Port Authority, or failing that, the competent Maritime Authority, and the immigration authorities for such purposes. In no case may the Vessel navigate outside the limits established for the Captain who navigates the Vessel, in accordance with his nautical qualification, or those established by current legislation.

 

13.  PERSONAL PROPERTY OF PASSENGERS (GUESTS): The Operator is not responsible for any damage or loss that may occur during the lease term to the personal property of passengers (guests).

 

14.  CANCELLATIONS AND ANNULMENTS: The Client may unilaterally withdraw from the lease contract without obligation of compensation and with the right to return the amounts delivered, before 30 days from the expected date of delivery of the Vessel. If the decision is made by the lessee 30 days prior to the date of the rental of the Vessel, the Operator will try to lease the Vessel and, if successful, the amount previously paid will be returned to the lessee. Otherwise, the Operator will withhold 30% of the total price of the agreed rental amount plus VAT.

 

The Captain will be the highest authority on board the Vessel and will have all the power and decision-making regarding the maneuvers and crossings that could represent a risk for the passengers (guests), the crew and the Vessel, therefore, if the captain considers that the weather conditions can condition and/or expose the safety of navigation, the lease can be postponed to another date depending on the availability of the Vessel or a refund of 70% of the agreed price with Taxes is will be done —– – in this contract, as the Client decides.