The Terms and Conditionsgoverning the use of Boat and the SEALUX EXPERIENCE are as follows, which shallbe understood as accepted by the User by the simple reservation and boarding.YACHTVIBES reserves the right to add or modify at any time the Terms andConditions, as well as the nautical products and services, taking their effectat the moment they are updated, understanding their tacit ratification with theuse of the Boat. YACHTVIBES shall give notice to the User of any change to theTerms and Conditions by means of the URL, inviting the User to review themperiodically in order to keep the information updated.
DEFINITIONS CHAPTER
YACHTVIBES Means: the corporationwith variable capital named YachtClub Vacations, incorporated and validlyexisting under the laws of the United Mexican States, which is evidenced bypublic deed number 28,660 dated July 13, 2021, granted before the faith ofOswaldo Antonio Canto Mármol, Notary Public 53 of the State of Quintana Roo,whose first testimony is registered in the Public Registry of Property andCommerce of the city of Cancun under the electronic mercantile folioN-2021056243, whose main corporate purpose is the establishment, operation,administration, management, direction, supervision, planning, programming,organization, promotion, development of activities related to travel agenciesand nautical services, including the marketing of products with domestic andforeign tourism, as well as the execution of all related activities both inMexico and abroad; its legal representative has valid and sufficient legalpowers to enter into these Terms and Conditions in the name, for and on behalfof YACHTVIBES as evidenced by public deed number 28,660 dated July 13, 2021,executed before the faith of Oswaldo Antonio Canto Mármol, Notary Public 53 ofthe State of Quintana Roo, which powers have not been revoked, modified orlimited as of the date of signing this Contract, in accordance with Article 27of the Federal Civil Code; is duly registered before the Tax AdministrationService, Ministry of Finance and Public Credit, under the Federal TaxpayersRegistry number YVA210713UK2; with domicile to hear and receive notificationslocated at Spectrum Corporate Center, Interior 806, Avenida Sayil, Manzana 5,Supermanzana 6, City of Cancun, State of Quintana Roo, Zip Code 77500; withcontact information info@yachtvibes.com. YACHTVIBES is the owner of the rightsof use, use and enjoyment of the Boats, as well as of the industrial andintellectual rights of YACHTVIBES®, SEALUX EXPERIENCE® and TRUCO®, includingthe domain of the URL, social networks, mobile application (App) and any otherderived from the same commercial project, who, consequently, shall provideindistinctly the nautical services offered as provider, being the latter theobliged and responsible for the same before the User.
User means: the natural person,national or foreign, who will enjoy the benefits of the SEALUX EXPERIENCE as aconsumer. The term User implies any gender or preference.
Sealux Experience Means: thetrademark registered nationally and abroad that defines and distinguishes theluxury experience provided by YACHTVIBES nautical services.
Boat Means: the nauticalrecreational vehicle, in this case yachts and smaller boats that YACHTVIBESmakes available to the Users through the URL, whose participating brands arethe following: Sea Doo (various), Four Winns 26 feet, Fjord 38 feet, Leopard 51feet, Sea Ray 47 feet, Sunseeker 64 feet, Azimut 80 feet and Aicon 85 feet.YACHTVIBES' Boats are in good physical and mechanical conditions, complyingwith the requirements set forth by the Law and maritime authorities accordingto the size and type of vessel, fully furnished, including all the necessarysupplies and supplies for their operation, maintenance and assistance, as wellas the targets in excellent condition, clean and ready for service. For thebenefit of the Users, the number and type of boats may be modified at thediscretion of YACHTVIBES, making it known to the User by any means of the URL,being tacitly accepted thereafter upon the first contracting and payment, inthe understanding that any change shall always and at all times be for thebenefit of the User, that is to say, superior in quality and service to theoriginal.
Suppliers Means: the multiplesuppliers of food services, transportation, social events, entertainment, amongmany services and products, with which YACHTVIBES has commercial alliances,and, therefore, has acquired preferential prices for the exclusive benefit ofits Users.
URL Means: the domain of the URLwww.yachtvibes.com, www.yachtvibes.club and www.yachtivibes.net as well asother versions that may be given such as but not limited to .com or .com.mx or.mx or net or among others, which are the sole and exclusive property ofYACHTVIBES.
STATEMENTS
The User declares under oaththat: (1) It has legal capacity and other economic resources to enterinto the Terms and Conditions (2) The Terms and Conditions are valid,and therefore, mandatory and enforceable (3) Prior to reservation hepracticed an analysis of the Terms and Conditions, ratifying in this act theunderstanding of the same
(4) He understands andrecognizes that the domain of the URL as other versions that may be given asthey are in an enunciative but not limited to .com.mx or . mx or net or clubamong others, are the sole and exclusive property of YACHTVIBES, and thereforeyou will refrain from making any change of ownership and/or misuse of the same (5)The contracting of the SEALUX EXPERIENCE does not grant and/or constitutein his/her favor a license to use partially or totally any trademark,distinctive sign, commercial name, commercial notice, combination of colors andin general, any allusive element or characteristic, equal or similar to theindustrial and intellectual property belonging to YACHTVIBES, such as, but notlimited to, photographic, graphic, pictorial works, logos, isologotypes andisotypes. (6) Understands and accepts that some of the logos, insigniasand images used in the URL, as well as in the advertising impressions, arereproduced only to present examples of the services and products thatYACHTVIBES offers, so they should not be interpreted as a product or brandendorsed by the owners of the registered trademarks (7) The URL, socialnetworks, mobile application and/or call center could suffer some technicalproblems unrelated to YACHTVIBES, so it releases it from any responsibility forsuch concept, (8) Understands and accepts that the brokers, agents,salesmen, promoters and intermediaries are the only and exclusive responsiblefor the contractual obligations assumed before the User with respect to the servicesand products promoted and/or commercialized that are not related to YACHTVIBES (9)Has bank cards (debit and/or credit) for the payment of the products andservices contracted otherwise YACHTVIBES will make available bank accounts tomake transfers or deposits in banks and/or establishments; In addition,YACHTVIBES may subcontract and/or replace any supplier for the execution of itscorporate purpose, including third party collection professionals and salesterminals (10) The User admits and acknowledges that he/she is solelyresponsible for any damage that may occur to his/her computer equipment or anyelectronic media due to the downloading of any virus, text, image, file, audio,video, data, from the site or external links to the URL (11) The Useraccepts that by signing this Agreement, he/she declares and guaranteesYACHTVIBES that: (i) knows the procedure for making reservations, aswell as the conditions and reservation regulations published at the URL whichare considered an integral part of this Contract (ii) The User acceptsthat the use of the Boats and enjoyment of the nautical services are subject tothe following regulations.
GENERAL NAUTICAL SERVICESREGULATIONS
(1) The User, as well ashis beneficiaries and guests, prior to boarding will receive the Terms andConditions for the enjoyment of the SEALUX EXPERIENCE, which must be acceptedby printed and/or digital means, otherwise without any responsibility forYACHTVIBES the access and service will be denied without the right to anyrefund; (2) Additionally, prior to the reservation of the SEALUXEXPERIENCE the User will practice an analysis of the safety recommendations onboard of the Boats, as well as its amenities, ratifying the understanding ofthe same; (3) The Captain is the supreme authority of the Boat who athis discretion may request support or assistance to the maritime authorities,divert route, determine music volume, prohibit or limit the use of motorcyclesand water toys, entry of equipment and / or accessories, when in his opiniondetermines risk, danger, emergency or non-compliance with the above mentionedrecommendations; (4) In case of emergency or bad weather, the Captainshall indicate the placement of the life jacket, giving instructions for theassistance to children, people with special abilities and elderly people; (5)It is forbidden to run or jump inside the boat and sit on the handrails,avoiding approaching the railings while in motion, being careful at all timeswith wet surfaces; (6) It is forbidden to leave the boat while theengines are on; (7) The User shall inform the Captain of any condition,allergy, restriction or situation that may put at risk the safety of the boat; (8)During the SEALUX EXPERIENCE, children must always be under the care of anadult, being the crew released from such responsibility; (9) Thepossession of drugs and weapons is strictly forbidden on board the Boat; (10)The SEALUX EXPERIENCE is not a free route, so the Boat will only sail onthe contracted route for tourist and recreational purposes, with the anchoragepoint determined by the Captain; (11) During the SEALUX EXPERIENCE youwill respect the flora, fauna and ecosystem, refraining from feeding thewildlife, as well as throwing or disposing of any liquid or solid waste outsidethe boat, including cigarette ashes; (12) It is forbidden to smoke orconsume red wine inside the boat, as well as to throw any solid element intothe toilet; (13) Pets or animals are not allowed inside the boat; (14)At the end of the contracted hours, the Captain shall return the Boat tothe corresponding port or marina, and the User shall deliver it with all itsequipment and furnishings in the state and condition in which it was received,except for normal wear and tear due to natural use; if the Boat is not returnedwithin the agreed day, time and place, for reasons attributable to the User,then for each period of 60 minutes or fraction thereof of delay, the User shallpay YACHTVIBES the public price per hour, however, if the return is delayed dueto force majeure, no penalty shall be applicable; (15) If the Userchooses to deliver the Boat before the contracted term, he/she shall not beentitled to request any refund and/or compensation; (16) The User shallensure that the behavior of his/her beneficiaries and/or guests does not causeany inconvenience to any person, nor discredit the image of YACHTVIBES; (17)Maintain confidentiality of any fact or act of a private nature occurringinside the Boat, except for any illegal incident which must be reported to theauthorities (18) The User shall be responsible for the loss of objectsduring the SEALUX EXPERIENCE; (20) If aperson or boat in distress issighted or received in the vicinity, the crew must be notified, who willcontact the nearest Maritime Rescue Center or Coastal Radio Station; (21) SUITABLESWIMMING CLOTHING: use of bathing suits and light clothing that dries easily;the use of any type of footwear is forbidden; (22) WEATHER: respect themeteorological indications, remembering that the weather can be changeable andthat the crew cannot ignore or disregard the indications of the Port Captaincyand maritime authorities regarding the state of the sea; (23) LIFE VEST:put the life jacket around your neck, adjust it correctly with the strapsaround your body and passing them between your legs; each life jacket has anemergency whistle, it is forbidden to play or pull it off, and it must be usedwhen indicated by the crew; in case of bad weather the life jacket must be wornpermanently, as well as in case of not knowing how to swim; (24) JETSKIS: safety is always the driver's responsibility and they are a constantrisk, remembering that child passengers do not have the stamina and strengthnecessary for a long ride, so they can get tired quickly; avoid suddenmovements; control speed to avoid accidents or falls while riding; rememberingthat experience will not be for riding waves and sudden unexpected changes, andthat water conditions affect the ride; consider rough surf, high waves andother conditions that make it difficult to maneuver; the closer to the maximum,the more difficult it is to maintain stability, remembering that speed is a keyfactor in the amount of damage; it is recommended that the smoother the water,the slower and easier the ride can start, allowing you to learn and adapt; youmay not exceed the maximum of 1 adult passenger and 1 child for safe riding;pay attention to the limits and perimeter indicated by the crew; locatereference points; each model of jet ski will have its own maximum and weightlimits; be aware of threats, such as people, animals, mangroves, reefs,national marine parks, protected natural areas, buoys, rocks, coastline, docks,floating debris, sailboats and other vessels, remembering that inexperience andrecklessness are the most common forms of damage; It is forbidden to use themwhen alcoholic beverages have been consumed, when you have life-threateningillnesses, to minors unaccompanied by an adult, and when the Captain soindicates; It is forbidden to do acrobatics; in case of falling, it must bereleased immediately, swim to the boat and ask the crew for help; any failuremust be notified immediately to the crew; any damage or loss caused to the jetski and third parties shall be the sole responsibility of the User, whether ornot he/she is the driver, who shall indemnify YACHTVIBES and other affectedparties, covering the expenses generated and repair of the damages duly proven,whose repair expenses shall not exceed 50% of their actual value, includinggovernmental sanctions; (25) AQUATIC AND INFLATABLE TOYS: means, but notlimited to, mats, pools, slides, tires, among others; although they have thesafety measures required by the authorities regarding their design andresistance of materials, safety is the responsibility of the user; the Captainof the Boat reserves the right to approve, limit and/or cancel their use;During its use it is forbidden to smoke, carry glasses, cups and/or any objectthat may cause injuries and accidents, perform acrobatics or rough or fightinggames; the maximum number of people using the pool simultaneously is 5 peoplewith a maximum weight of 600 pounds in total. The use of the water slides mustbe (i) individually in a seated position with feet first, since any otherposition, such as diving head first, is dangerous and may cause neck injuries(ii) no jumping (iii) do not remain in the landing area to avoid collisions orblows (iv) do not climb the side walls, or climb backwards (v) do not enterunder the influence of alcoholic beverages, controlled medicines or with healthconditions that may be life threatening (vi) remove any hard or sharp objectsfrom the body and it is recommended not to use valuables, electronic devicesand/or jewelry during the experience, as their damage or total loss is theresponsibility of the User (vii) children under 5 years of age must beaccompanied and supervised by an adult; (viii) the maximum wind speed (gust)for the safe use of the slide is 20 km/h, if the wind speed increases they muststop immediately and the crew will proceed to deflate the slide, as both olderadults and children may not have the stamina and strength to hold on when beingused (ix) be aware of the possibility of sudden changes in swell, rain, highwave presentation, and other conditions that make it difficult to maneuverand/or control the water toys and inflatables (x) it is recommended that thesmoother the water, the safer the users will be (xi) it is recommended tofollow the indications and limits that the crew indicates (xii) it isrecommended to be aware of threats such as people, animals, manatees and otheranimals, such as people, animals, mangroves, reefs, national marine parks,protected natural areas, buoys, rocks, shore, docks, floating debris, sailboatsand other vessels, remembering that inexperience and recklessness are the mostcommon forms of damage (xiii) in case of suffering any blow or injury duringthe use of the water toys and inflatables, the User shall swim to the Boat andask the crew for help; any damage or loss caused to the inflatables and tothird parties shall be the sole responsibility of the User, who shall indemnifyYACHTVIBES and other affected parties, covering the expenses generated andrepairing the damages duly proven, whose repair expenses shall not exceed 50%of their actual value, including governmental sanctions (26) The User may bephotographed and/or recorded in audio or video in case that the Crew need todocument any non-compliance event, (27) Any damage caused to the Boatand/or third parties due to negligence of the User, prior verification, shallbe compensated immediately and upon the conclusion of the SEALUX EXPERIENCE,whose repair expenses shall not be higher than 50% of its actual value (28) Ifthe goods made available for the provision of the nautical services sufferdamage due to the User's fault or negligence, the User shall be obliged to coverthe repair costs or, if applicable, to indemnify YACHTVIBES, upon verification,up to the value of 50% of the damaged goods, taking into consideration thedetriment and damage suffered by the User due to the passage of time as well asthe value determined by the appraiser of the contracted insurance, (29) TheUser understands and accepts that navigation and recreation on water alwaysinvolves risks, and therefore assumes all responsibility for any damage, injuryand even death that may result from the SEALUX EXPERIENCE and the rescueprocedures; The User authorizes YACHTVIBES and/or its designees to providehim/her with the necessary medical attention in case he/she suffers anyaccident due to his/her participation, activity or inactivity, during or afterthe SEALUX EXPERIENCE, as well as to transfer him/her to the nearest hospitaldesignated by the emergency services, in order to be treated, or, as the casemay be, to have surgery or the necessary medical procedures performed, makingits best effort to safeguard his health and life, releasing YACHTVIBES from allresponsibility for the referred actions or for the immediate or futureconsequences that may arise (30) The cancellation of the SEALUXEXPERIENCE due to non-fulfillment and negligence of the User shall not entitlethe User to a refund of any payment made (31) The User signs in his/herown personal right, as well as on behalf of his/her beneficiaries, guests,assignees and heirs these Terms and Conditions releasing YACHTVIBES from all liabilityfor these reasons, expressly waiving any claim and/or lawsuit against him/herfor any loss or damage or injury, including death that may occur to them duringor after the SEALUX EXPERIENCE. (32) The User acknowledges and agrees tohave guardianship or custody rights for the minors at the time of signing thisdocument, for which reason he/she is able to grant this authorization and signas a sign of acceptance (33) The User declares and understands thathe/she will communicate this information to his/her beneficiaries and guests,making sure of their understanding. (34) The User has read this releaseof liability, assumption of risk and/or indemnity agreement, fully understandsthe Terms and Conditions, is aware of its legal consequences and has signed itfreely and voluntarily without any inducement (35) The User accepts fulland unconditional release from all liability to the fullest extent permitted bylaw, as you have the opportunity to personally discuss with the Captain thepotential dangers related to the SEALUX EXPERIENCE, as well as freely informyourself by other means (36) You are invited to read the safety guideslocated in each cabin, as well as to consult our terms and conditions on thewebsite www. yachtvibes.com
PAYMENT METHODS
Payments in favor of YACHTVIBESmay be made by any of the following means: (i) Through an online platform 100%at the moment of the reservation (ii) Through a Personal Travel Advisor (SealuxSpecialist) who will provide the User with the payment link or electronictransfer data to make the payment of 50% of the reservation; and the remaining50% in cash directly to the Captain prior boarding the Boat, or through apayment link or electronic transfer 2 working days prior to the date of thereservation of the nautical service. The payment of the SEALUX EXPERIENCE ofany of the Boats must always be made by the User and/or his direct relativesand/or beneficiaries, in order to avoid fraud or undue charges. The ratesconsulted for the provision of any service depend on the time at which they areconsulted and may vary from one moment to another.
COURTESIES AND/OR ADDITIONALCHARGES
The cost of the SEALUX EXPERIENCEon any of the Boats includes the supplies for its operation such as insurance,fuel and additives, as well as the professional services of the Captain, sailorand crew, depending on the requirements of each of the Boats. For claritypurposes, regular inclusions are considered to be those beverages, food andsnacks, as well as the use of visors, snorkel, recreational life jackets,towels, among others, which do not have any economic charge for the User or hisguests (which must be returned at the end of the service); specifying that theamenities and additional services such as jet skis or water jets, water toys,inflatables, photographic or video recording sessions, banquets, special drinksand any other product or service not indicated as courtesy will have anadditional charge, which will be clearly offered in the URL for free choice ofthe User, which must be contracted and paid in full prior to boarding and / oruse; The same applies to the Dock Fee. In case of requiring special andadditional services, such as medical attention, special food and beverages,entertainment, among others, the User shall contract them through YACHTVIBES atthe time of booking, who may provide them directly or through its Suppliers;only in case YACHTVIBES authorizes in writing, the User may contract thespecial and additional services to a third party, the latter being the sole andexclusive responsible party, releasing YACHTVIBES for such concept.
PRODUCTS AND SERVICES
The services and products ofYACHTVIBES will be offered in the URL for consultation and user analysis, whichwill be accurate, complete and reliable, which may be transferable upon requestof the user and approval of YACHTVIBES, which may be added or removed at thediscretion of YACHTVIBES, having as only obligation to make it of its knowledgeby the same means, that is to say, by the URL, specifying that YACHTVIBES doesnot guarantee, that the descriptions of the products and services are exact,complete, reliable, current or free of error, since the same ones can beprovided by the Suppliers. In view of the above, the User releases YACHTVIBESfrom all responsibility for the veracity of the photographs shown in the URL,under the understanding that they are provided for publication by the directProviders of the services. The User may bring beverages of his/her choice (aslong as it is not red wine), as well as simple snacks.
RESERVATION
The contracting of products andservices may be contracted at the URL or from your Personal Travel Advisor(Sealux Specialist), either via telephone, WhatsApp or email 365 days a year,during Eastern hours from Monday to Friday from 9am to 6pm and Saturdays andSundays from 9am to 3pm at the following telephone numbers 800 461 0428 (MEX),1 888 407 0998 (USA) and +52 (998) 980 0724 (Rest of the World) WhatsApp +52998 406 5806, +52 998 109 9305 and +52 998 246 4117 (MEX) +1 (786) 972-7641(USA). The rules, restrictions, prices and taxes will be mentioned at themoment of making the reservation of the products and services, specifying theflexibility of changes and cancellations, as well as the collection of anycharge for such concept. If any refund is made to the User, it will be made inthe original form and currency of payment, minus the operating cost ofYACTVIBES equivalent to 10% of the total cost of the reservation. The User maynot demand more service or benefit than specifically contracted and paid for.All reservations are subject to availability at the time your request isprocessed. In some cases, availability must be verified directly with theSupplier's Reservation Department before a quote can be issued and/or thereservation can be confirmed to the User. YACHTVIBES will take a maximum of 24hours to carry out the availability check and confirmation of the servicerequested by the User. The reservation is considered completed when the Userobtains a confirmation number, and the corresponding charge has been applied.At the moment of making the reservation, the User accepts and authorizes theuse of the bank card information (credit or debit) to make the payment, whetherit has been provided verbally, in writing or by any electronic means of acceptance.For the confirmation of reservations, 50% of the total cost of the contractednautical service will be required. At the moment of concluding the reservationof the selected product or service, as well as previous confirmation of thepayment, the User will be able to request to his Personal Travel Advisor(Concierge) the corresponding fiscal invoice within the calendar month, whichwill be sent via e-mail.
POLICIES
The rules, restrictions and otherpolicies of YACHTVIBES with respect to all of its nautical services shall benotified at the time of confirmation of the reservation and shall be availableto Users at all times at the URL, and Users are therefore invited to reviewthem periodically in order to keep their information updated. The User shallrespect the rules and restrictions of YACHTVIBES such as, but not limited to:(1) Availability (2) Minimum age and responsible adult, pet policies, infantpolicies and payment of fees, among others (3) The reservation and use of theBoats will be exclusively for the User or beneficiaries or any of theirrelatives in direct line (father, mother, spouse and children) who may bringinvitees that must be duly registered at the time of the reservation, (4) Themaximum occupancy of passengers shall be limited to the type of boatcontracted, with the understanding that the User's service personnel, such asnannies, servants, nurses, waiters, among others, shall be accounted for andregistered. (5) The User must by his/her own means obtain the passports, visas,health permits or immigration documents required by the authorities prior toarrival at the port of departure. The User accepts that any violation of therules and restrictions of YACHTVIBES may result in the cancellation of his/herreservation, denial of access to the Boat, as well as the loss of any paymentwithout the option of reimbursement, for which YACHTVIBES shall have noliability whatsoever (6) Maintain the confidentiality of any fact or act of aprivate nature occurring inside the Boat except for any illegal incident towhich the User must give notice, and which may result in the loss of anypayment without the option of reimbursement, (7) No reimbursement or compensationapplies for unsatisfactory weather to the User, beneficiaries and guests (8)The User will have 15 minutes of tolerance in the boarding of the Boat, thedelay will be to the loss of the reserved hours of the SEALUX EXPERIENCE (9) Incase the User does not show up (No Show) on the day and at the reserved timethe SEALUX EXPERIENCE will be considered rendered, so it cannot be rescheduledor reimbursed.
CANCELLATION AND REFUND OFRESERVATIONS
The policies of changes andcancellations, as well as the collection of any charge for such concept, willbe mentioned at the moment of contracting the SEALUX EXPERIENCE, as well as theproducts, amenities and additional services, for which the User will beautomatically subject to them upon confirmation of the reservation sent byYACHTVIBES. Therefore, the User understands and accepts the penalty to whichhe/she may be entitled depending on the time between the cancellation and theboarding date: (i) The User shall have the benefit of a period of 5 businessdays after the confirmation of the reservation to cancel the SEALUX EXPERIENCEwithout penalty, provided that 45 days prior to the boarding date, in whichcase YACHTVIBES will refund all amounts paid in the same way they were made,within 5 calendar days after the cancellation request (ii) If the cancellationis made 31 calendar days or more prior to the embarkation date, 90% of theamounts paid will be refunded minus 10% for Operating Expenses (iii) Cancellation15 to 30 calendar days prior to the boarding date will be refunded 50% of theamounts paid (iv) Cancellation 0 to 14 calendar days prior to the boarding datewill not be refunded any amount paid (v) The non-arrival of the User on the dayand time of the SEALUX EXPERIENCE reservation (No Show), even if it is due toflight cancellations, illness and/or any other impediment, no refund will bemade (vi) the reimbursement of the payment for the Products and AdditionalAmenities (Add-Ons), as well as for the contracted Additional Services shall besubject to the policies of each Supplier. However, if YACHTVIBES incurs in adelay of more than 1 hour from the established delivery time, it shall beconsidered as a breach by YACHTVIBES and the User may cancel the service, inwhich case, YACHTVIBES shall refund any amount paid, plus 10% as a conventionalpenalty, or if applicable and at the User's choice, may reschedule thereservation; also, if the cancellation by YACHTVIBES is due to 'fortuitousevent and/or force majeure': (i) Port closed: YACHTVIBES shall notify the Useras soon as it becomes aware of the port closure, in order to reschedule theSEALUX EXPERIENCE as soon as an open port is authorized, and in case the Useris unable to do so, 100% of the amounts paid shall be refunded as of theexpress request. (ii) Bad weather: YACHTVIBES will analyze the weatherconditions for navigation, being that even if and in spite of having an openport there are risks for the User and/or the Boat, the SEALUX EXPERIENCE willbe rescheduled in a next date no longer than 180 calendar days, without theoption of refunding any amount (iii) Mechanical failure: In case of mechanicalfailure of the YACHTVIBES Boat on the reserved date, the User will beimmediately notified to reschedule the SEALUX EXPERIENCE on a future date nolonger than 180 calendar days, and may even be offered some additional benefitat no cost for the next reservation as compensation, however there will be nooption to refund any amount (iv) Road closures and obstacles to reach port:YACHTVIBES will notify the User as soon as YACHTVIBES becomes aware of the roadclosure and obstacles, in order to reschedule the SEALUX EXPERIENCE at anupcoming date no later than 180 calendar days, without the option to refund anyamount (v) Once the Boat has sailed, meaning, once the SEALUX EXPERIENCE hasstarted, if YACHTVIBES suspends the service due to 'fortuitous event and/orforce majeure', it shall only be obliged to reschedule the missing hours in adate not exceeding 180 calendar days, without the option of refunding anyamount whatsoever. With the exception mentioned herein, the amount to berefunded in favor of the User derived from the cancellation will be made in thesame way and to the bank card with which the payment of the original charge wasmade, in a period of no more than 30 calendar days from the date of thecancellation request. For the purposes of these Terms and Conditions 'act ofGod or force majeure' is defined as any cause directly attributable to acts,events, occurrences, omissions, accidents, reviews by authorities or acts ofGod, beyond the reasonable control of YACHTVIBES (including, but not limited topandemics, COVID, civil commotion, riot, blockade, invasion, war, fire,explosion, sabotage, port closure, storm, cyclone, wind, meteorological events,collision, grounding, fog, governmental act or regulation, major mechanical orelectrical breakdown beyond the crew's control and not caused by YACHTVIBES'negligence).
DATA OF IDENTIFICATION
As part of the procedure for theenjoyment of the SEALUX EXPERIENCE, the User shall: (1) Provide contact informationand identification data and (2) Submit any other form of authenticationrequired as part of the access process. It should be noted that, under nocircumstances or for any reason, YACHTVIBES shall contact the User by anyelectronic means, to offer products or services, except for the followingcommunications: (1) Follow-up to any request from the User, as well as forquality control in the service offered by YACHTVIBES (2) Promotionalinformation. Accordingly, the User shall notify YACHTVIBES immediately bye-mail to servicioasocios@yachtvibes.club (Spanish) andmemberservices@yachtvibes.club (English) of any improper communication.
INSURANCE
The User acknowledges and acceptsthat some trips to certain destinations in the world may present greater riskthan others, therefore YACHTVIBES recommends reviewing the prohibitions,warnings, announcements and notices issued by the authorities of such locationprior to any reservation. The User acknowledges that use of the Boat, itsoperation and related activities, involve risks and dangers of serious bodilyinjury, including permanent disability, paralysis, death and property damage,therefore YACHTVIBES recommends the User to obtain independent insurance onhis/her behalf to provide adequate coverage for medical expenses, personalaccidents, loss of luggage, among others. YACHTVIBES guarantees that the Boatis insured at its expense against fire, marine risks and collision, hazards forthe trip, including the entire engine, hull and equipment of the Boat, for anyloss or damage that may occur or suffer, including any extension thereof forproper use, excluding the benefit for cancellation and/or reduction of theservice, as well as assistance for the occupants, therefore, the User isadvised to refrain from any activity that may endanger his/her life and health,as well as his/her physical and emotional integrity, in the understanding thatgiven the nature of the contracted service, meaning navigation in the seaand/or lagoon, the User is aware of the danger associated with water currents,as well as wildlife and swimming during the ingestion of alcoholic ornon-alcoholic beverages and food.
QUALITY CONTROL
The User accepts and agrees thatYACHTVIBES may monitor, record and/or review any information transmitted orreceived by means of the URL, telephone and/or any other electronic means, alsothe User accepts that, during the monitoring, the information may be examined,recorded or copied exclusively for the purpose of preserving and/or improvingthe performance of the SEALUX EXPERIENCE, which under no circumstances shall bedisclosed to any unauthorized person for such purpose. The User agrees that anycomment made by the User may be used by YACHTVIBES to clarify any situationand/or accredit any fact, without any type of responsibility.
PRIVACY NOTICE
The User is the only responsiblefor providing all the information related to his/her person and identification,which must be provided in a truthful and timely manner, therefore YACHTVIBES isnot responsible for the information that is submitted erroneously and thatcould have therefore the non-provision of services by the Providers. The Userauthorizes YACHTVIBES to use the information provided for the aforementionedpurposes, notwithstanding the foregoing, YACHTVIBES is obliged to treat theUser's information in accordance with the Federal Law for the Protection ofPersonal Data in Possession of Private Parties in accordance with the followingPrivacy Notice established in the URL: 'https://www.yachtvibes.com/ YACHTVIBESis responsible for collecting the User's personal data, the use given to themand their protection. Personal information will be used for marketing,technical and/or advertising purposes, as well as to comply with the Terms andConditions. The User has the right to access, rectify and cancel their personaldata, as well as to oppose the processing thereof or revoke the consent grantedfor that purpose. The data will be treated in accordance with the Federal Lawfor the Protection of Personal Data in Possession of Individuals and its Regulations.The confidentiality of the data is guaranteed, and they are protected bysecurity measures to prevent their damage, loss, alteration, destruction, use,access or improper disclosure. Only authorized persons will have access to yourdata. Likewise, personal data may be transferred and processed by persons otherthan YACHTVIBES, i.e., it may be shared with subsidiaries, affiliates,affiliates, controllers and third parties for purposes described above. TheUser's Personal Data Attention Department is responsible for the attention ofrequests for ARCO rights (Access, Rectification, Cancellation or Opposition),as well as the safekeeping, protection, treatment, technical and physicaladministrative security, to prevent damage, loss, alteration, destruction,misuse, access or improper disclosure of personal data and the properenforcement of the law, which is in charge of the User Attention Department,who can be contacted via email at datospersonales@yachtvibes.com. If the Userconsiders that his/her right to the protection of his/her personal data hasbeen violated by any conduct or omission, or, if applicable, presumes anyviolation by YACHTVIBES of the provisions set forth in the Federal Law for theProtection of Personal Data in Possession of Private Parties, Regulation of theFederal Law for the Protection of Personal Data in Possession of PrivateParties and other applicable legal provisions, you may file a complaint orclaim before the National Institute of Transparency, Access to Information andProtection of Personal Data (INAI) at 01 800 835-4324 or consult the websitehttps: //home. inai.org.mx/ In accordance with the above, the User accepts thatin order to make any reservation, he/she must provide several personal data,such as but not limited to full name and surname (according to his/her identitydocument), nationality, contact data (address, email, landline and cell phone),credit or debit card number, including the security number, among others;Likewise, the User authorizes YACHTVIBES to send him/her any promotionalmaterial derived from the services offered by YACHTVIBES.
DOMICILE AND NOTIFICATIONS
The conventional addresses forany notice or compliance with the corresponding obligations related to theTerms and Conditions are the following: (1) YACHTVIBES: 800 461 0428 (MEX), 1888 407 0998 (USA) and +52 (998) 980 0724 (Rest of the World) e-mail servicioasocios@yachtvibes.club(Spanish) and memberservices@yachtvibes.club (English) (2) User: The e-mailaddress and/or telephone numbers indicated on the Cover Page. The User acceptsthat all notifications and notices will be made by remote means of communication,including, but not limited to, publication in the URL or by e-mail, unless byexpress provision of the Law they must be in writing, in which case thephysical and electronic addresses indicated in this Agreement will be valid.
AUTHORITY, JURISDICTION ANDLAW
The Captain is the supremeauthority of the Boat who at his discretion may request support or assistancefrom the maritime authorities, as well as divert the route, suspend orunilaterally cancel the tour when at his discretion he visualizes any breach ofthese Terms and Conditions by the Users and/or beneficiaries and/or guests, orif any life or property is at risk or danger. In the event of any controversyregarding the interpretation or fulfillment of the Terms and Conditions, theysubmit to the jurisdiction of the Courts of the City of Cancun, State ofQuintana Roo, Mexico, waiving any other jurisdiction or law that for any otherreason may correspond to each of the Parties. The User understands andacknowledges that the official language of the Terms and Conditions is Spanish,therefore, in case of judicial or extrajudicial proceedings in relation to thisinstrument, the official and mandatory version will be in the referredlanguage. The Parties agree that each clause or provision of the Terms and Conditionsshall be considered as independent from the others, and, consequently, thenullity or invalidity of any clause or provision, in whole or in part, shallnot affect in any way the validity, effect and execution of the rest of theContract. Void or invalid clauses or provisions shall be deemed to beunwritten, unless the parties agree to replace them with a provision that isvalid and enforceable, which shall have an economic effect equivalent to thatof the clause declared illegal, invalid or unenforceable.
CONSUMER PROTECTION
Rights of the User as a consumer:(i) The Federal Bureau of Consumer Protection is competent in administrativeproceedings to resolve any controversy that may arise regarding theinterpretation or fulfillment of these Terms and Conditions (ii) These Termsand Conditions were approved and registered by the Federal Bureau of ConsumerProtection under number 4011-2024 dated July 1, 2024. Any changes to theconsumer's rights in relation to these Terms and Conditions shall be deemed notto have been made (iii) The User may require YACHTVIBES and Suppliers that useinformation for marketing or advertising purposes not to disclose or transmitinformation about himself/herself to third parties, nor to send advertisingabout goods or services to third parties, (iv) For the security of the User,all products and services advertised and offered by YACHTVIBES shall specifytheir unit prices or rates (v) YACHTVIBES is obliged to comply with therestrictions applicable to the commercialization of goods and services (vi) YACHTVIBESmay not apply charges without the prior consent of the consumer or that do notresult from the present Terms and Conditions (vii) YACHTVIBES shall issue tothe User the corresponding receipt or invoice for all payments made, containingdetails of the name, and price, as well as the applicable tax requirements;under the understanding that the prices offered are net, not including VAT,which shall be added to the price to be paid by the User (viii) YACHTVIBESmakes available to the Users the following telephone numbers 800 461 0428(MEX), 1 888 407 0998 (USA) and +52 (998) 980 0724 (Rest of the World), fromMonday to Friday from 9am to 7pm and Saturdays and Sundays from 9am to 3pm,with a response time of forty-eight (48) business hours for the attention ofany doubt or concern of the User.
The Parties agree that theContract shall be signed physically or by means of an advanced electronicsignature, and that such signature is fully valid. For these purposes, anadvanced electronic signature is understood as the procedure that ensures the integrityof the document and the identity of the signatory and detects if the documentsuffers any type of alteration. Once the Contract has been electronicallysigned, it will have the value and legal effectiveness that corresponds to itsrespective nature, in accordance with the applicable civil and commerciallegislation. The support in which the Contract is electronically signedtogether with its annexes will be admissible as documentary evidence in court.The extinction or suspension of the validity of an electronic certificate forany of the reasons contemplated in the applicable regulations, will not haveretroactive effects. The device used for the electronic signature of theContract does not alter the data or the document to be signed, nor does it preventit from being shown to the signer before the signing process. The User willreceive from YACHTVIBES an e-mail with the signature instructions. Theseinstructions will indicate a code with which the User must access the documentthrough the digital signing page. The User shall ensure that the e-mail addressprovided for sending the code is for his/her exclusive use and is notaccessible to other persons.