1. General Terms
These Terms and Conditions govern all yacht charters provided by Top Yacht. By booking a charter, you agree to abide by these terms.
2. Weather Policies
Charters operate in Cancun, Holbox, and the Riviera Maya, where weather conditions can change rapidly. Our weather policy is as follows:
- If weather conditions are deemed unsafe by the captain, authorities and harbor (e.g., strong winds, heavy rain, storms), Top Yacht reserves the right to reschedule the charter notifying you by email or phone before the tour starts.
- If rescheduling is not possible, a full refund will be issued.
- Light rain or cloudy conditions do not constitute grounds for cancellation or rescheduling unless deemed unsafe by the harbor and authorities.
3. Payment Policies
- A deposit of 30% of the total charter cost is required at the time of booking.
- Marina fees and taxes are payable in cash.
- The remaining balance must be paid on the day of departure in cash or by card, a 5 to 8% charge can be added for payment by card.
- Depending on the season or demand, the Company may require a 50% or 100% deposit, which will be communicated at the time of booking.
- Failure to complete payment before departure may result in the cancellation of the booking without refund.
4. Cancellation and Refund Policy
If the guest cancels their reservation, the refund policy is as follows:
- More than 30 days before the departure date: Full refund minus a processing fee.
- Between 20 to 29 days before departure: 70% refund of the deposit amount.
- Between 14 to 20 days before departure: 50 % refund of the deposit amount.
- Between 7 to 14 days before departure: 30 % refund of the deposit amount
- After 7 days before departure: no refund of the deposit amount
- No-shows: No refunds will be given.
- If Top Yacht cancels the charter due to unforeseen circumstances (e.g., extreme weather, mechanical failure), guests may choose to reschedule or receive a full refund.
Late Arrivals: Arriving late for check-in and boarding will not result in time extensions or refunds. Tours start and end at specified times.
Non-Refundable Reasons: The following reasons do not justify a cancellation or refund:
• Inclement weather at your location or the marina
• Unsuitable weather conditions (rain, clouds, heat, cold, waves, wind)
• Inability to snorkel
• Marina closures (alternative sheltered areas will be provided)
• Seasickness or dizziness
• Early termination due to illness or request
• Running out of drinks or food due to excessive consumption
• Client accidents due to negligence
• Disagreements about service or boat safety regulations
• Late arrival
5. Guest Responsibilities
Top Yacht strictly prohibits drug use on yachts or facilities. Alcohol or drug consumption increases water and boat injury risk, accepted by the charterer and passengers. Top Yacht is not liable for property damage, personal injury, or death related to alcohol or drug use, even if caused by negligence. This does not limit Top Yacht’s liability for negligence unrelated to alcohol or drug use.
- Guests must comply with all safety instructions given by the crew, Top Yacht reserve the right to stop a trip for charterer who do not follow instructions. Top Yacht responsibility ends upon termination and no refund will be issued.
- Any damage caused to the yacht due to negligence or misconduct will be the responsibility of the guest.
- In case the client damages the boat or equipment, the client will be charged the full amount to repair the damage of the incident. The damage must be paid before arriving at the marina.
- If the damage is not paid before arriving at the marina, the authorities will be called and the client will not be allowed to leave the marina until payment is completed.
- The Company reserves the right to terminate a charter without refund if guests engage in illegal activities or reckless behavior.
6. Liability Waiver
The Company is not responsible for any loss of personal belongings, returning forgotten items to hotels incurs a fee. Lost items will not be returned after departure. Call us promptly about lost items; they may not be found after 24 hours.
PROHIBITIONS
Violations result in trip cancellation without refund:
- Drug and narcotic use
- Improper alcohol use
- Coming with models on board of the vessel
- Children under 6 alone on the vessel
- Throwing objects overboard
- Standing outside designated areas
- Jumping into the water without authorization
- Separating from the snorkeling group without authorization
- Swimming after excessive alcohol consumption
- Swimming under the boat
- Touching navigation devices or controls
- Harassing the crew
- Top Yacht is not responsible if you, as a client, purchase any food or service that is not included in your reservation, for example, the rental of “X” and the purchase of lobster.
