Terms of Service & Charter Party Agreement

1. NATURE OF SERVICE (BROKERAGE DISCLAIMER)

Be Fun Sailing operates exclusively as a professional yacht charter broker and intermediary. The Company does not own, lease, manage, operate, or maintain any of the vessels listed on its platform, website, or marketing materials. All Charters are executed, navigated, and operated by independent third-party vessel owners, operators, or managers (the "Vessel Operator"). By booking through us, you acknowledge that the Vessel Operator is solely responsible for the safety, navigation, crew employment, maintenance, and insurance of the vessel. Be Fun Sailing shall not be held liable for any personal injury, death, property damage, delay, or financial loss resulting from the acts, omissions, negligence, or misconduct of the Vessel Operator, its crew, or third-party service providers.

2. BOOKING, DEPOSITS, AND PAYMENT POLICIES

• Booking Deposit:To secure a vessel and reservation date, a deposit of fifty percent (50%)—or as otherwise specified in your booking invoice—of the total charter fee is required (the "Deposit").
• Non-Refundable Fee: Twenty percent (20%) of the total charter price is considered a non-refundable administrative fee from the moment of payment to cover booking curation, vessel reservation hold, and payment gateway transaction fees.
• Balance Payment: The remaining balance of the total charter fee must be settled in full at least seventy-two (72) hours prior to the scheduled departure time, unless alternative cash-on-arrival terms are explicitly agreed upon in writing by an authorized representative of Be Fun Sailing.
• Failure to Pay: If the balance is not paid by the designated deadline, the Company reserves the right to cancel the booking. In such cases, the Deposit will be forfeited in accordance with our Cancellation Policy.

3. CANCELLATION AND RESCHEDULING POLICY

All cancellations must be requested in writing by sending an email to our official customer service channel or via WhatsApp to your assigned concierge. The date and time of the written notice will determine the applicable cancellation tier:

• More than 72 hours prior to departure: The Client is entitled to a refund of the amount paid, minus the non-refundable administrative fee (20% of the total charter value) and any applicable bank, credit card, or payment gateway processing fees.
• Within 72 hours of departure: Cancellations made within this window are strictly non-refundable. The Client forfeits one hundred percent (100%) of the total charter fee.
• No-Shows:If the Client or their guests fail to arrive at the designated marina or boarding point within thirty (30) minutes of the scheduled departure time, it will be classified as a "No-Show." The Charter will be canceled, and no refund, partial refund, or rescheduling will be granted. The charter duration will not be extended to compensate for late arrivals.

4. WEATHER AND PORT AUTHORITY POLICY (FORCE MAJEURE)

Safety is our absolute priority. Ocean charters are subject to marine weather conditions and maritime law enforced by the Mexican Port Authority (Capitanía de Puerto).

• Official Port Closure: A full refund (minus credit card processing fees) or a complimentary rescheduling (subject to vessel availability) will ONLY be granted if the local Port Authority (Capitanía de Puerto of Cancún, Playa del Carmen, or Cozumel, depending on the departure location) issues an official port closure (Puerto Cerrado) that prohibits the navigation of the specific category of your booked vessel.
• Subjective Weather Conditions: Cloudy skies, light rain, cool temperatures, wind within safe navigational limits, or a personal history of seasickness do NOT constitute valid grounds for cancellation, rescheduling, or refunds. If the Port Authority declares the port open for recreational navigation, the Charter will proceed as scheduled.
• In-Water Restrictions: If the port is open but the Port Authority prohibits swimming, snorkeling, or navigation to specific areas (e.g., El Cielo, Isla Mujeres, or specific reefs) due to strong currents or swell, the Charter will proceed with an altered, safe itinerary. No partial or full refunds will be issued for itinerary modifications mandated by safety or port regulations.

5. ONBOARD CONDUCT, SAFETY, AND ZERO-TOLERANCE DRUG POLICY

The Captain of the vessel has ultimate, sovereign authority under Mexican Maritime Law. The Captain is legally responsible for the safety of the vessel, the crew, and the passengers.

• Illegal Substances (Zero Tolerance): Under Federal Mexican Law, the possession, consumption, transportation, or distribution of illegal drugs, narcotics, or unauthorized controlled substances on any vessel is strictly prohibited.
• Consequences of Violation: If any passenger is found in possession of, or consuming illegal substances, or exhibits aggressive, unruly, or excessively intoxicated behavior that threatens the safety of the vessel or its passengers, the Captain is legally authorized and required to: 1. Immediately terminate the Charter. 2. Return the vessel to the nearest safe port or marina. 3. Contact local maritime or federal authorities (Marina Armada de México / Policía Turística).

In the event of termination under this clause, no refunds, compensation, or rescheduling will be provided, and the Client shall remain fully liable for any legal or financial consequences resulting from the violation.

6. VESSEL DAMAGE, PERSONAL LIABILITY, AND SECURITY HOLD

• Property Damage: The Lead Charterer assumes full financial liability for any and all physical damage, destruction, or loss caused to the vessel, its interiors, upholstery, electronics, engines, water toys, snorkeling gear, or safety equipment, caused by the willful misconduct, negligence, or carelessness of the Lead Charterer or their guests.
• Security Deposit Authorization: The Company reserves the right to request a valid credit card authorization hold or a cash security deposit prior to boarding. Any repair or replacement costs incurred due to damages during the Charter will be charged directly to the credit card on file or deducted from the cash deposit.
• Personal Property: Neither Be Fun Sailing nor the Vessel Operator shall be responsible for the loss, theft, or damage of any personal belongings, cash, jewelry, phones, cameras, or electronic devices brought onboard by the Client or their guests.

7. LIMITATION OF LIABILITY AND HOLD HARMLESS

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold harmless Be Fun Sailing, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: Your participation in the Charter; The acts, omissions, or negligence of the Vessel Operator, its captain, and its crew; Any physical injury, illness (including food poisoning from onboard catering or external restaurants), or death occurring during or after the Charter; Your breach of this Agreement or violation of Mexican Federal, State, or Municipal laws.

8. CHARGEBACK AND FRAUD PREVENTION POLICY

To prevent unauthorized credit card usage and fraudulent chargebacks:

• Identity Verification (KYC):The Lead Charterer must present a valid, government-issued photo ID (Passport or Driver's License) at the time of booking or prior to boarding. The name on the ID must match the name printed on the credit card used for payment.
• Chargeback Waiver: By purchasing our Services and agreeing to these Terms, you waive your right to initiate a chargeback with your credit card issuer or payment processor (including Stripe and PayPal) for reasons relating to subjective weather conditions, seasickness, itinerary modifications for safety reasons, or cancellations made outside the permitted refund windows. Any unauthorized chargeback will be vigorously disputed using this signed Agreement as legally binding proof of purchase and compliance.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, interpreted, and construed in accordance with the federal laws of the United Mexican States and the local laws of the State of Quintana Roo, without regard to conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or the Services provided shall be brought exclusively in the competent federal or state courts located in the City of Playa del Carmen or Cancún, Quintana Roo, Mexico, and you hereby consent to the exclusive jurisdiction of such courts.