Terms and Conditions

1 Express Acceptance of Terms

1.1 Legally Binding Agreement

By accessing our website, making a reservation, and/or completing the payment for any tour or service offered by Marietas Vallarta Tours, you (hereinafter, "the Customer") enter into a legally binding contract with the company. You confirm that you have read, understood, and freely, expressly, and knowingly accepted all of these Terms and Conditions.

1.2 Electronic Acceptance (E-Sign Act)

You agree that the act of clicking the "Pay" or "Book" button, as well as entering your credit or debit card details, constitutes your electronic signature and holds the same legal validity and effect as a handwritten signature. By completing the payment, you acknowledge having reviewed all sections of this document, including but not limited to: the cancellation policy (Section 3), physical restrictions (Section 6), assumption of risk (Section 7), and jurisdiction (Section 11).

1.3 Declaration of Legal Capacity

By making a reservation, you declare that you are of legal age (18 years or older) and have full legal capacity to enter into contracts. If you make a reservation on behalf of a group, you declare that you have the express authorization of all group members to accept these terms on their behalf, and you assume full responsibility for their behavior during the tour.

1.4 Right to Modify

Marietas Vallarta Tours reserves the exclusive right to update, modify, or replace any part of these Terms and Conditions at any time and without prior notice. It is the Customer's responsibility to periodically check this page for changes. The version in effect at the time of your booking shall govern that transaction. Continued use of the website or making a new reservation after the posting of any changes constitutes your acceptance of those changes.

1.5 Rejection of Terms

If the Customer does not agree with any of the provisions of these Terms and Conditions, they must refrain from using the website and from making any reservation. The act of submitting the payment form or transferring funds implies the unequivocal acceptance of this contract.

2 Bookings, Payments, and Confirmation

2.1 Payment Processing and Confirmation

• Booking Subject to Payment: Your reservation is NOT confirmed until we receive 100% of the payment. A "booking request" email or a pre-authorization does not guarantee your spot on the tour.
• Payment Processor: All payments are securely processed through Stripe, Inc. We do not see or store your credit card details.
• Declined Transactions: If your bank declines the transaction due to insufficient funds, suspected fraud, or any other reason, Stripe will decline the purchase. In this case, the reservation will be automatically cancelled, and the seat will be released to other customers.
• Fraud Verification: We reserve the right to cancel any booking if Stripe detects unusual activity or if the cardholder details do not match, notifying you immediately by email.

2.2 Currency, Exchange Rates, and Bank Fees

• Displayed in Pesos: Prices on the website are displayed in Mexican Pesos (MXN) for your reference.
• Final Charge in USD: At checkout, Stripe processes the charge in US Dollars (USD) using the reference exchange rate of the transaction date.
• Exchange Rate Variations: You acknowledge and agree that the final amount reflected on your bank statement may vary slightly due to the exchange rate applied by your own issuing bank, as well as any Foreign Transaction Fees your bank may charge. Marietas Vallarta Tours has no control over these variations and will not refund currency exchange differences.

2.3 Taxes, Permits, and Transparency

• Total Price: The displayed price strictly includes VAT (IVA) and all applicable federal permits (such as CONANP passes for the Marietas Islands).
• Zero Hidden Fees: There are no additional fees to pay upon boarding the boat, unless you contract extra services not included (such as professional photos, souvenirs, or tips).
• Tips: Tips for the captain and crew are NOT included in the price and are entirely voluntary, although a customary 10% to 15% of the tour value is suggested.

2.4 Boat Capacity and Passenger Limits

• Strict Limit: The maximum passenger capacity is strictly limited in each package (e.g., 4 people, 10 people). This is due to Coast Guard safety regulations.
• No Exceptions: Exceeding the limit is not allowed, even for infants or small children. If you arrive at the meeting point with more people than booked, the captain has the right to deny boarding to the additional passengers without refund.

2.5 Email Confirmation and Customer Responsibility

• Email Delivery: Your booking is considered 100% complete only when you receive the automatic email confirmation with your Stripe transaction ID.
• Verification: If you DO NOT receive the email within 15 minutes after your payment, it is your responsibility to check your Spam, Junk, or Promotions folder. If it is still missing, you must contact us immediately at info@marietasvallartatours.com.
• Incorrect Data: You are solely responsible for entering your correct email address and phone number. Marietas Vallarta Tours is not responsible for lost bookings or no-shows resulting from misspelled emails or incorrect phone numbers.

3 Cancellations and Refunds Policy

4 Official Regulations and Park Closures (CONANP)

4.2 Cancellation of Bookings on Prohibited Days

Our booking system automatically blocks these days. However, if due to a technical or human error you manage to complete a booking for a Monday or Tuesday, the reservation will be immediately cancelled. You will be offered a free reschedule or a 90% refund. We are legally prohibited from operating on those days and cannot break federal law to accommodate you.

4.3 Legal Quota of 116 Passes and Nature of Access

• Government Limit: Access to Playa del Amor is regulated by law to a strict maximum of 116 daily passes issued exclusively to authorized tour operators.
• Non-Transferable: Passes are tied to each passenger's details. They are non-transferable and non-refundable once issued.
• No On-Island Sales: It is illegal to attempt to purchase a pass directly on the island or from an unauthorized boat operator. If the customer chooses to do so, they risk fines or confiscation by authorities, and Marietas Vallarta Tours assumes no liability.
• If the quota is reached: If the quota sells out before we can secure your passes, we will offer: Reschedule for another date, change to another tour of equivalent value (such as Sportfishing which does not require a pass), OR receive a 90% refund.

4.4 Customer Responsibility and Park Rules

Once we have secured and paid for your CONANP passes, access to the park is subject to federal authority rules. If the customer is denied entry or expelled from the park for violating the following rules, NO refund applies:

• Using non-biodegradable sunscreen (oxybenzone/octinoxate).
• Attempting to bring food, alcoholic beverages, or cigarettes.
• Bringing drones without a special SEMARNAT permit (strictly prohibited).
• Not wearing a life jacket or failing to follow the authorized guide's instructions.

4.5 Unforeseen Changes by the Authority

Marietas Vallarta Tours is not responsible if CONANP, SEMARNAT, the Navy Secretariat, or any federal authority decides to close the park unexpectedly due to weather conditions, maintenance, pollution, presence of jellyfish, or any other reason beyond our control. In such cases, the force majeure policies (free rescheduling or 90% refund) shall apply.

5 Tour Operation Rules and Captain's Authority

5.1 Boat Certifications and Safety

All our tours are conducted in boats inspected and certified by the Harbor Master's Office, equipped with all legally required safety gear (life jackets, fire extinguishers, radios). Sport fishing tours operate under a current federal fishing permit.

5.2 Absolute Captain's Authority (Safety Clause)

On board the vessel, the captain is the ultimate authority. Their word is final regarding navigation and safety. The captain has the right to:

• Modify the route: The itinerary may change due to weather, logistics, or maritime authority orders (Harbor Master or SEMARNAT) without implying a refund.
• Shorten the tour: If the weather suddenly worsens or a passenger experiences a medical emergency, the captain will return to port immediately to safeguard everyone's life. In these cases, no refund applies for the unenjoyed time.
• Deny boarding: The captain may deny boarding to anyone who is intoxicated, under the influence of substances, or represents a safety risk to others.

5.3 Strict Punctuality and No-Show Policy

Departure times are strict. You must arrive at the meeting point (Punta de Mita Marina) at least 15 minutes before the scheduled time to complete check-in.

• If you are late: The captain is instructed to depart at the exact time. If you arrive after departure time, it will be considered a No-Show.
• No refund for delays: Late arrivals are NOT refundable, and missed time cannot be recovered. The boat will not wait for anyone so as not to affect other clients (on shared tours) or the captain's logistics (on private tours).

5.4 On-Board Conduct and Prohibited Substances

Our tours are family-friendly, and we aim for a safe, respectful environment. Therefore:

• The use of illegal drugs on board is strictly prohibited.
• Smoking and vaping are not allowed inside the boat.
• Alcohol consumption must be moderate. If a passenger becomes aggressive, dangerous, or a nuisance to others, the captain will return them to the dock as soon as possible.
• Consequence: If a passenger is disembarked due to misbehavior or intoxication, they will be charged the full tour fare and will have no right to any refund.

5.5 Sport Fishing Tour Rules

• Federal Regulations: All catches are subject to the limits and minimum sizes established by CONAPESCA and Mexican federal laws.
• Catch & Release: Protected species (such as Sailfish or Marlin in certain seasons) are strictly Catch & Release. The captain has the legal obligation to release them.
• Captain decides: The captain will choose the fishing zones based on the swell and season, always seeking the best experience for the client while prioritizing safety.

6 Health, Physical Requirements, and Restrictions

6.1 Certification of Physical Fitness (Customer Declaration)

By making a booking, you certify and guarantee that you and all members of your group are in good physical and health condition to participate in the tour. You acknowledge that activities include: boarding and disembarking from a moving vessel, navigating in open water, swimming, and potential exposure to sun and water splashes.

6.2 Medical Restrictions and Pregnancy

Marietas Vallarta Tours DOES NOT provide medical advice. For your safety, the following conditions require extreme caution:

• Pregnancy: The tour is NOT recommended for pregnant women, especially after the second trimester, due to boat movement and waves. If you choose to participate, it is at your own exclusive risk and responsibility.
• Recent Surgeries: Boarding is not permitted for individuals who have had recent surgeries (less than 3 months) or who have open wounds.
• Back/Neck Problems: Due to wave action, the tour is NOT suitable for people with severe spinal problems, cervical injuries, or recent fractures.
• Cardiac or Respiratory Conditions: Individuals with heart conditions, severe asthma, uncontrolled epilepsy, or uncontrolled high blood pressure must refrain from participating or provide explicit medical clearance.

6.3 Swimming Ability and Water Safety

Although life jackets are provided and the tour may be suitable for beginners, the customer must feel comfortable with the idea of floating in the water. Passengers must not panic when using the life jacket.

6.4 Age Restrictions and Guardianship

• Minimum Age: Children under 3 years old are not allowed on board due to the lack of certified life jackets in their size.
• Supervision: All minors under 18 must be accompanied by a responsible adult at all times. Parents or guardians assume 100% responsibility for the safety of minors.

6.5 Sobriety and Conduct

The captain reserves the right of admission. No person will be allowed to board if they arrive intoxicated or under the influence of psychotropic substances. If this occurs, it will be considered a No-Show, and no refund will apply.

6.7 Mandatory On-Board Rules

• Life Jackets: Wearing a life jacket is mandatory during all navigation and time in the water. It is non-negotiable.
• Illegal Substances: The use of illegal drugs on board is strictly prohibited.
• Smoking/Vaping: Smoking and vaping are not allowed inside the boat.

7 Assumption of Risk, Waiver of Liability, and Indemnification

7.1 Acknowledgment of Inherent Risks

Marietas Vallarta Tours acts strictly as a tour operator and complies with all safety protocols mandated by the Harbor Master's Office and maritime authorities. However, by booking our services, you acknowledge that adventure tourism and water activities involve inherent risks that cannot be entirely eliminated. These risks include, but are not limited to: rough seas, slips and falls, sun exposure, marine life encounters, and physical exertion. You voluntarily assume all such risks.

7.2 Express Waiver and Release of Liability

You explicitly agree that Marietas Vallarta Tours, its owners, captains, guides, and staff are NOT responsible or liable for:

• Personal Injury, Illness, or Death: Any injuries, accidents, or death caused by your own negligence, physical inability, pre-existing health conditions, or failure to strictly follow the safety instructions of the captain and crew.
• Personal Belongings: Loss, damage, or theft of personal items (phones, cameras, jewelry, sunglasses, etc.) left on board, dropped in the water, or left unattended on the islands. You bring electronics and valuables on the tour entirely at your own risk.
• Third-Party Delays: Delays or missed connections (flights, hotels, cruises, transfers) caused by weather, maritime authority closures, traffic, or logistical issues outside our direct control.
• Force Majeure: Any disruptions caused by acts of God, extreme weather, pandemics, or government mandates.

7.3 Health Issues and Medical Emergencies

You agree that you are solely responsible for disclosing any pre-existing medical conditions before the tour. Marietas Vallarta Tours is not liable for any medical emergencies, allergic reactions, or health complications arising during the tour due to conditions you failed to disclose or treat.

8 What is Included and What is Not

To ensure complete transparency, here is the exact breakdown of your tour package. We do not want any misunderstandings on the day of your trip.

8.1 Damage to Equipment

You agree to use the snorkel gear, life jackets, and fishing equipment responsibly. If you intentionally or negligently damage or lose the equipment (e.g., dropping a GoPro, breaking a fishing rod, losing a fin), you agree to pay the replacement cost before leaving the marina.

9 Payment Data Security and Chargeback Policy

9.1 Secure Payment Processing

Payments are processed exclusively through Stripe, Inc., a PCI-DSS Level 1 certified platform (the same system used by Amazon and Shopify). We DO NOT store, see, or have access to your full credit card details on our servers. All sensitive financial data is handled directly by Stripe.

9.2 Currency Conversion

Since payment is processed in USD, the final charge on your bank statement may vary slightly based on your bank's specific exchange rate and foreign transaction fees on that day. This is a standard banking practice, and Marietas Vallarta Tours does not control or reimburse these differences.

9.3 Chargebacks and Fraudulent Disputes

By completing your booking, you agree to pay all charges at the prices in effect at the time of your purchase. You agree not to initiate a "chargeback" or payment dispute with your bank or credit card company for the service provided, unless you have first contacted us and allowed us to resolve the issue.

If you initiate a fraudulent chargeback after receiving the service (e.g., claiming you never received the tour when you did), you will be held in breach of this contract. We will submit all evidence (including your signed electronic acceptance, IP address, WhatsApp communication, and photos of you on the boat) to the bank to win the dispute. Furthermore, we reserve the right to charge a $50 USD administrative penalty fee for any chargeback initiated without prior communication with us, and to ban you from future bookings.

10 Communications and Consent

10.1 Operational Communications (Mandatory)

By booking, you expressly consent to receive operational communications related to your reservation. These include:

• Booking confirmation and transaction receipts.
• Meeting point instructions and directions.
• Weather updates, schedule changes, or rescheduling notices.
• Emergency contact regarding your tour date.

These messages will be sent via Email and WhatsApp to the contact information you provided. You are solely responsible for providing a valid email address and phone number. If you provide an incorrect email, you are still responsible for showing up on time.

10.2 Promotional Communications (Optional)

We may occasionally send you promotional emails or special offers for future tours. You have the right to opt-out (unsubscribe) of these marketing messages at any time by clicking the "unsubscribe" link at the bottom of the email, or by replying "STOP" on WhatsApp.

10.3 Privacy

Your personal data will be handled in accordance with our Privacy Policy. We will never sell, rent, or share your personal information (email, phone, name) with third-party marketing agencies. We only share your data with our operating crew (captain, guide) for the purpose of executing your tour safely.

11 Governing Law, Jurisdiction, Dispute Resolution, and Indemnification

11.1 Governing Law

These Terms and Conditions, and any separate agreements whereby we provide you services, shall be governed by and construed exclusively in accordance with the federal and state laws of the United Mexican States (Mexico), regardless of the customer's country of residence, the country where the credit card was issued, or the location from where the booking was made. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.2 Exclusive Jurisdiction and Waiver of Venue

Any dispute, claim, or controversy arising out of or relating to these terms shall be exclusively resolved in the competent courts of Bahía de Banderas, Nayarit, Mexico. By booking and accepting these terms, you irrevocably waive any right to assert jurisdiction or venue in any other court or country (including your home country) based on your current or future domicile, nationality, or any other cause. Consequently, you may not initiate lawsuits, arbitrations, or legal proceedings in your country of origin or any other jurisdiction other than the one established herein.

11.3 Dispute Resolution (Procedure)

In the event of any dispute, claim, or controversy arising from the interpretation or execution of these terms, the parties agree to follow this procedure before resorting to the courts:

• Step 1 (Notification): The affected party must send a written notice to info@marietasvallartatours.com detailing the nature of the dispute and the requested resolution.
• Step 2 (Good Faith Negotiation): The parties shall have a period of 30 calendar days from the receipt of the notification to attempt to resolve the dispute amicably.
• Step 3 (Jurisdiction): If the dispute is not resolved within the established period, either party may submit it to the competent courts of Bahía de Banderas, Nayarit, expressly waiving any other venue or jurisdiction.

11.4 Indemnification and Defense

You agree to indemnify, defend, and hold harmless Marietas Vallarta Tours, its partners, directors, captains, guides, employees, and agents, from and against any and all claims, demands, lawsuits, losses, damages, liabilities, costs, or expenses (including reasonable attorney's fees and court costs) arising out of or relating to:

• Your negligence or reckless conduct during the tour.
• Your breach of any provision of these Terms and Conditions.
• Any property damage or personal injury caused by you to third parties, the boat, the equipment, or the facilities during the tour.
• Any violation of applicable local, state, federal, or international laws or regulations.

This indemnification obligation shall survive the termination or cancellation of your booking and this agreement.

11.5 Severability (Savings Clause)

If any provision of these Terms and Conditions is determined to be invalid, void, illegal, or unenforceable by a competent judicial or administrative authority, such provision shall be modified or eliminated to the minimum extent necessary to cure such invalidity, and the remaining provisions shall retain their full legal validity and effect. The invalidity of one clause shall not affect the validity of the rest of the agreement.

11.6 Survival

The provisions contained in Sections 7 (Assumption of Risk and Liability), 9 (Payment Data Security), and 11 (Governing Law, Jurisdiction, and Indemnification) shall survive the termination, fulfillment, or cancellation of your booking and this agreement. This means these obligations will remain enforceable even after the service has been provided.

11.7 Entire Agreement

These Terms and Conditions, together with any other notices or policies published on our website, constitute the entire and definitive agreement between you and Marietas Vallarta Tours, and replace any prior agreement, communication, proposal, or understanding between the parties, whether verbal or written. Our failure to exercise or enforce any right or provision contained herein shall not constitute a waiver of such right or provision.

Any waiver by Marietas Vallarta Tours of enforcing a breach of these clauses shall not constitute a waiver of enforcing subsequent breaches.

12 Contact Us

If you have any questions about these terms before booking, please contact us directly: