AGREEMENT: The visitor, hereinafter referred to as "VISITOR," of the domain exprés CANCUNSAILING.COM, hereinafter referred to as the "SITE," hereby agrees and accepts the following terms and conditions regarding the information and services provided by the SITE. It is understood and assumed that the VISITOR has read each of the terms and conditions included in this section.
DECLARATIONS: The VISITOR of the SITE declares to be of legal age, capable of self-determination as a citizen, having an interest in the services provided by the SITE, and agrees to abide by its terms and conditions and to use them correctly for the purposes for which they were created commercially.
PAYMENT POLICIES: Once payment is made through the SITE, either in full or partially, the USER agrees to settle the total amount for the requested service. The SITE will send a confirmation number through the appropriate channels, either via the SITE or the communication lines established for this purpose.
It is understood that the SITE does not store sensitive information such as credit card or debit card data, or any other payment method used by the USER to make transactions with the SITE since it handles fully secure platforms verifiable by the USER for their safety.
CHANGE AND CANCELLATION POLICIES
CONDITIONS FOR REGULAR TOURS: Once the confirmation is received, the VISITOR has up to 24 hours to cancel the tour in advance to receive a 100% refund. Within 24 hours, the VISITOR has the right to reschedule the tour for a different date than the one agreed upon. Only in case of illness, the VISITOR may be entitled to a refund by presenting a medical certificate.
CONDITIONS FOR PRIVATE SERVICES: Once the confirmation is received, the VISITOR can cancel the service 5 days before the scheduled date to receive a 100% refund, 4 days before to receive a 75% refund, 25 hours to 72 hours before the scheduled date to receive a 50% refund, and within 24 hours before the scheduled date, the service will not be refundable. If food is ordered and the VISITOR decides to cancel on the same day, they must pay the full amount for the food service as it incurs operational costs, preparation, and purchase of supplies.
FORCE MAJEURE: No refunds will be granted for force majeure events, where the reasons are beyond the control of CANCUNSAILING, such as hurricanes, earthquakes, floods, adverse weather conditions, government closure of ports and seas, acts of terrorism, strikes, bankruptcy or insolvency proceedings, suspension of activities, demonstrations of any kind, as well as acts of God.
TERMINATION: CANCUN SAILING reserves the right to terminate any contract with the USER at any time or for any reason, including inappropriate use of the SITE or non-compliance with the terms and conditions described herein.
The following text informs the VISITOR that they acknowledge and fully agree with the following:
ACKNOWLEDGMENT, ACCEPTANCE, AND WAIVER OF RISKS AND RESPONSIBILITIES
CORONAVIRUS COVID-19: The new coronavirus and the disease known as COVID-19, declared a global pandemic by the World Health Organization. COVID-19 is extremely contagious and primarily spreads from person to person. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing. Operator Vela Total S.A. de C.V., hereinafter referred to as "Cancun Sailing," has implemented preventive measures to reduce the spread of COVID-19; however, Cancun Sailing (Operator Vela Total S.A. de C.V.) cannot guarantee that I will not contract COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk of being exposed to COVID-19 while attending the tour, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I acknowledge the risk of being exposed to or infected by COVID-19 during the tour and that it may result from my actions, omissions, or negligence and the actions, omissions, or negligence of others, including, among others, Cancun Sailing employees and service providers. As a user and representative of my group (including minors under 18 years of age), I release Cancun Sailing (Operator Vela Total S.A. de C.V.), its directors, officers, agents, employees, and insurers from any liability or claim for damages, costs, or expenses of any kind arising from or related to actions, omissions, or negligence on my part, other users, or employees, agents, and representatives of Cancun Sailing (Operator Vela Total S.A. de C.V.), related to COVID-19, whether the contagion occurs before, during, or after participating in any tour activity.
DISCLAIMER OF LIABILITY FOR LOST ITEMS: Cancun Sailing (Operator Vela Total S.A. de C.V.) is not responsible for the loss or damage of personal equipment or items, jewelry, or objects left and forgotten on the boat or at our facilities. Likewise, I exempt and release all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, seizures, claims, demands, actions, or causes of action of any nature or description, in accordance with the law. Forgotten items by any person will be held by the administration of Cancun Sailing (Operator Vela Total S.A. de C.V.) for a period of 30 days; after this period, without any claim, they will be disclaimed of any responsibility. Any claim for damage or loss requires: 1) Reporting it immediately before leaving the premises. 2) Presenting an official identification. 3) Presenting an invoice or sales receipt for the lost item's contents.
Cancun Sailing (Operator Vela Total S.A. de C.V.) disclaims any responsibility arising from the USER's non-compliance with established regulations, rules, or conditions.
PHOTOGRAPHY RIGHTS RELEASE: Cancun Sailing (Operator Vela Total S.A. de C.V.) has my permission to publicly use my photos and those of minors (under 18 years of age) for whom I am responsible to promote the company. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I understand that I will not receive royalties, payments, or any other compensation for the use of these photos.
WAIVER OF LIABILITY AGREEMENT: I hereby confirm that I am well aware that Cancun Sailing (Operator Vela Total S.A. de C.V.) offers recreational activities involving certain inherent risks that may result in minor, serious, or fatal injuries due to negligence. I have read and understood the instructions for enjoying the facilities and services provided by the company, and I confirm that all my questions have been satisfactorily answered. I understand that the given instructions and rules are for my safety and well-being, and that failure to comply may put me at risk of having an accident on the aforementioned premises or while participating in the provided activities. Likewise, I understand and accept that I do not hold any guide, employee of Cancun Sailing (Operator Vela Total S.A. de C.V.), owners, or any of their respective assignees, hereinafter referred to as the "released parties," responsible in any way for any injury, death, or other damages suffered by me