top of page

TERMS & CONDITIONS

Yacht Charter Booking Terms & Conditions

 

RESERVATION

This confirmation automatically initiates the terms below which are published in our rate sheet and on our website. Your Contract is with BLUE COMPASS by reserving a tour or experience with us means you have read and accepted the booking conditions. The party leader, hereinafter referred to as the “Charterer," will be responsible for the full cost of the tour or experience including any insurance premiums, cancellation or amendment charges. A contract exists as soon as BLUE COMPASS issues your invoice. You should check the details of your invoice carefully to ensure that it accurately reflects the booking and charges based on the tour or experience and or extras you have requested and immediately inform us of any discrepancies or changes. BLUE COMPASS may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and or agents.

 

PAYMENT TERMS

A credit card must be registered as a guarantee at the time of booking. A 10% to 30% of the charter deposit fee is due upon booking at the time of reservation and a charge will be made to your credit card for the amount of the deposit as soon as your reservation is confirmed. This process may take up to 12h The deposit fee may vary depending on the type of tour or experience. The remaining balance will be charged 24h before boarding time, except for payments that will be done in cash, which will have to be made before boarding one of our vessels. Prior to boarding, the Marina Fee Tax will be collected in cash.
 

CANCELLATION TERMS

Cancellations due to weather is exclusively a decision made by BLUE COMPASS and will be communicated to Charterer or Party Leader by email or phone before the tour or experience starts. If a cancellation is done due to weather and the Charterer or Party Leader and BLUE COMPASS cannot find a date for rescheduling the tour or experience BLUE COMPASS will make a full refund of any deposit paid by the Charterer or Party Leader.

 

BLUE COMPASS reserves the right to cancel a tour or experience and this will be communicated to the Charterer or Party Leader by email or phone before the tour starts and BLUE COMPASS will make a full refund of any deposit paid by the Charterer or Party Leader.

 

Any change in dates, destination or vessel type from the Charterer or Party Leader is considered a cancellation. If any scheduled payment by the Charterer has not been received by the payment due date, BLUE COMPASS reserves the right to cancel the charter and retain all deposits and fees paid to date.

 

 

The following restrictions apply for cancellations made by the client:

 

  • Justified cancellations due to COVID-19 will be 100% refundable

  • Up to 14 days before charter, 95% refund of the tour value

  • 13 - 7 days prior to charter, 65% refund of the tour value

  • Less than 6 days prior to charter is non-refundable

 

 

DELIVERY

BLUE COMPASS will deliver the Boat or Yacht, to the start port on the specified start date in full commission and ready for service. The Charterer must examine the vessel prior to departure to determine whether the vessel is in good working order, is properly outfitted with all standard safety equipment, accessories, and utensils, as well as any other requested items. Acceptance by the Charterer certifies that the obligations of BLUE COMPASS for delivery have been fulfilled. If BLUE COMPASS is unable to deliver the vessel or a substitute within 24 hours of the delivery time specified, the Charterer may cancel this agreement and the total fee paid will be refunded. Should the Charterer not be present or not ready to accept delivery of the vessel for whatever reason at the specified time and place, BLUE COMPASS reserves the right to reset the time of delivery within a 24 hour period thereafter.

 

ACCIDENTAL DAMAGE, DEATH & INJURY

BLUE COMPASS strictly prohibits the use or consumption of illegal drugs on its vessels or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Charterer and their passengers accept that risk. BLUE COMPASS shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of the crew. This shall in no way limit or diminish BLUE COMPASS accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.

 

SKIN DIVING & SWIMMING

BLUE COMPASS, the boat or yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.

 

RUNNING EXPENSES

The Charterer agrees to pay any additional running expenses during the term of the charter, which have not been prepaid as part of the charter package. Such additional running expenses may include, but are not limited to:

 

  • Food and other consumable stores

  • Fuel

  • Pilotage

  • Mooring  

  • Docking fees

  • Port charges

  • Cruising taxes  

  • Park permits

  • Customs

  • Provisions

  • Supplies for the Charterer and their party

 

 

EQUIPMENT AND BOAT / YACHT INSURANCE COVER

Our insurance policy provides comprehensive and adequate cover for the equipment and yachts for your skipper and crew. The Company cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation, which is as a result of you providing incorrect information, such as previous sailing experience, when requested, or due to your negligence, deliberate default or willful misconduct. Should damage or loss to boats or yachts and equipment be caused as a result of not obeying the Company’s instructions, you will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge. The Company agrees to insure and keep insured the boat or yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must ensure prior to the charter.

 

*Advice about such insurance is available from the Company upon request.

 

RE-DELIVERY

The Charterer shall surrender the Boat or Yacht at the expiration of the charter at the release port specified, free and clear of any indebtedness and liens whatsoever, and in condition and the clean state as when delivered (fair wear and tear from ordinary use excepted), and having properly cleared customs. The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit the return of the Boat or Yacht at the stated time. Should the Charterer not make re-delivery of the Boat or Yacht at the time and place hereinbefore stipulated for any cause, other than that occasioned by an occurrence beyond the Charterer’s control, the Charterer shall pay a charter fee pro-rata for the time that such delivery is delayed plus any losses that BLUE COMPASS or the Boat or Yacht owner may sustain due to the delayed delivery. The Charterer shall surrender the vessel’s equipment in as good a condition as delivered, fair wear and tear excepted. If the Boat or Yacht requires unusual cleaning, BLUE COMPASS may charge the Charterer accordingly.

 

RESTRICTED USE

The Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, his or her family, guests, employees and agents, during the term of this charter and shall not transport merchandise or carry passengers for pay or engage in any trade, nor in any way violate the laws of Mexico or of any other government within the jurisdiction of which the Boat or Yacht may be at the time and shall comply with the law in all other respects. The Charterer agrees to restrict the use of the Boat or Yacht to the “cruising area” defined in the base information sheet provided to him/her. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30 minutes before sunset and 30 minutes after sunrise) by the Charterer is not permitted due to poor visual reference. 

 

NON ASSIGNMENT

The Charterer shall not assign this agreement or sub-charter the Boat or Yacht without the prior written consent of BLUE COMPASS. BLUE COMPASS may assign its rights to payments under the charter.

 

COMPETENCY

The Charterer certifies that he/she is experienced and competent in the handling and operation of inboard auxiliary powered sailing craft of the general type and size as the Boat or Yacht chartered and that the Charterer has also had sufficient practical knowledge of seamanship, piloting and Rules of the Road. The Charterer shall not delegate any of these duties to any person not equally qualified. The Charterer agrees not to sail the Boat or Yacht single-handed and to ensure at all times a competent skipper and leading crew member are aboard except while safely moored. BLUE COMPASS may in its sole discretion verify the Charterer’s or leading crew’s competency at the time of the charter. Should the Charterer or leading crew be deemed less than fully competent by BLUE COMPASS in its sole discretion, may provide for the Charterer, at the Charterer’s expense, a hired hand to assist the Charterer in achieving competency. Should a hired hand be unavailable, BLUE COMPASS may restrict the Charterer’s use of the Boat or Yacht to the charter party’s occupancy of the Yacht at BLUE COMPASS dock until a suitable hired hand has become available. The Charterer acknowledges that BLUE COMPASS does not independently investigate the competency of any Charterer to sail, but relies solely and exclusively on the resumes provided. The Charterer further acknowledges that BLUE COMPASS in its sole discretion may refuse to release a Boat or Yacht for sailing but this exercise of discretion shall in no way be construed as an acknowledgement or determination of the competency for the sailing of the Charterer’s crew or the assumption of any liability for loss or damages incurred as a result of sailing, for which the Charterer assumes sole responsibility.

 

TERMINATION OF VACATION & INDEMNITY

The Charterer accepts responsibility for the proper conduct of themselves and their party. We reserve the right in our absolute discretion to terminate without further notice, the vacation arrangements for any Charterer who refuses to comply with the instructions or orders of the company and Captain and whose behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination, the companies responsible for the Charter’s vacation ceases and shall not be liable for any costs incurred by the Charterer.

 

CREW

BLUE COMPASS shall provide a competent skipper/guide for the Charterer if so requested in advance. Although the Charterer shall exercise control over the Boat or Yacht, the Charterer shall depend upon the skipper/guide for the safe navigation of the Yacht and shall abide by the judgments of the skipper/guide as to sailing, weather, anchorages and pertinent matters. The Charterer shall not have the authority to discharge the skipper/guide without prior consent from BLUE COMPASS.

 

MISCELLANEOUS

It is understood that BLUE COMPASS is acting for and on behalf of the owner of the Boat or Yacht. Neither BLUE COMPASS nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the Boat or Yacht. BLUE COMPASS makes no representations other than those contained in this Contract, the current BLUE COMPASS brochure and any written materials provided as part of the booking procedures. BLUE COMPASS will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. The Charterer will indemnify and hold BLUE COMPASS and the owner of the Boat or Yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from the use, operation, or possession of the boat or Yacht and related equipment or other Inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the Boat, Yacht or Dinghy. This Agreement shall be construed and interpreted in accordance with the laws of the state of Quintana Roo, Mexico.

FOOD & BEVERAGE

“Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.”

bottom of page