TERMS AND CONDITIONS
What terms are you agreeing to when
booking a charter through Cozumel
We'll tell you. We've tried to make this as easy to read and transparent as possible, but if you have any questions about these terms or conditions, feel free to contact us.
Please read these Terms of Sale and Policies ("Terms") carefully. These Terms apply to your purchase of any products or services through this website, regardless of whether such purchase is for you personally or on behalf of another person or entity. These Terms are subject to change without prior written notice at any time, in our sole discretion. By placing an order for products or services through this website, you agree to contractually bound by and accept the Terms in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms.
1. BOOKING AND PAYMENT PROCESS
At the time of reservation, we will collect a deposit securely online by credit card or PayPal. Once the reservation and deposit have been made, we will process your reservation and within 24 hours (in most cases), we will issue you a confirmation of your reservation along with all relevant information such as meeting instructions, contact information, what to bring, etc. Once you receive the confirmation, make sure to review it carefully for accuracy and let us know if you have any questions. The remainder of the payment for your boat will be paid in cash on the day of the trip directly to our representative.
2. CANCELLATION POLICY (REFUNDS)
You will be eligible to receive refunds or exchanges for purchases made through this website only in accordance with the policies described below.
No Risk Policy: If we cancel the trip for any reason, including weather or water conditions, you will have an opportunity to reschedule your trip or get a 100% refund, your choice. There is no risk to book with us.
No Port No Pay Policy: If you are on a cruise ship, and your ship does not make port as scheduled for any reason, including weather or water conditions, you will receive a 100% refund. There is no risk for cruise ship passengers to book with us.
Date Change Policy: You can change your dates free of charge anytime before your schedule charter (pending availability of course).
General Cancellation Policy: If you find you need to cancel your trip for any other reason, we're happy to assist you with your cancellation up until 11 days before the trip with a full refund of your deposit except a small 5% charge to help cover the credit card costs we incur from the bank when processing your reservation and cancellation. However, within 11 days of the trip date, all deposits are 100% non-refundable, with the exception of the no-port no-pay policy and no-risk policies stated above.
Late Arrival Policy: If you are running late, and are on a private charter, call us at (987) 869-8560 or on our cell phone at 044 (987) 112-8675 and let us know immediately. We will wait for you up to a half-hour, but if we do not hear from you before then, the above policy applies, as we will have to assume you are a no-show.
No-Show Policy: We are unable to issue a refund for a no-show under any circumstances, except those falling under the no-port no-pay policy.
Weather Policy: All charters in Cozumel run rain or shine. It is the tropics - it rains a lot. If charters were cancelled every time there was rain, all the operators would be out of business. If it rains on the day of your charter and due to weather or water conditions, we are unable to go out, you are entitled to a 100% refund. However, if the charter is still going out, then our cancellation policy as stated above applies. As a general rule, if the port is open to small craft, we will go out. If, due to water or weather conditions, the port captain closes the port to small craft, we will cancel the trip. The port captain (a government employee, not related to Cozumel Charters) is charged with the responsibility to determine safe conditions for fishing vessels, and we will abide by his decision.
Safety & Etiquette Policy: These charters all subject to the following rules of etiquette, at the discretion of our captains. You may not be allowed on the boat if you:
1) Show signs of intoxication
2) Show signs of infectious disease
3) Are pregnant or otherwise physically at-risk for adventurous activities
4) Are unruly or otherwise disrupt the enjoyment of the other participants or put the crew at risk in any way
This list is not all-inclusive, and enforcement is the sole responsibility of the captain or crew. If the captain crew determines that there is a violation of any safety or health standard, we cannot be responsible for a refund.
3. TRANSPORTATION AND PICK-UP POLICIES
We offer complimentary pick-up and drop-off at Cozumel hotel piers upon request. A few hotels have started charging an entrance fee to the piers of a few dollars per person. If your hotel charges a fee for use of their pier, you will be responsible for paying the hotel staff directly in cash on the day of the trip for this fee. We can also drop you off at Jimmy Buffett's Margaritaville after the trip so you can enjoy cooking your catch (hopefully) with your special offer. Make sure to let your crew know that you'll want dropped off at Margaritaville in advance so they can plan for it. Once the boat is already at the marina, it is too late to head for Margaritaville. This offer is weather dependent - some days if the seas are too rough we are unable to dock at Margaritaville - rare, but it happens.
Only taxis are allowed to pick up at cruise piers, so you will need to take a taxi to the marina if you are on a cruise ship. This is only a few minutes and should be only a few dollars. They are all lined up waiting for you as you arrive to Cozumel.
4. PAYMENT TERMS (You agree to pay us)
When you purchase products or services through this Website, you will be personally responsible for all payments, deposits, costs and expenses relating to such purchase. You will be personally responsible for all such payments, deposits, costs and expenses irrespective of whether the purchase is for you personally or on behalf of another person or entity, and you hereby agree to indemnify and hold us harmless from and against any losses or other damages we suffer as a result of such amounts not being paid. In cases where you are only required to provide a deposit at the time of purchase, you agree that you will pay the full remainder of the amount owed at the marina in cash on the day of the trip. This amount will be clearly shown on your confirmation.
If you do not make complete and timely payment, we have the right to pursue collection of the amounts owed to the fullest extent allowed under applicable law, including, but not limited to, use of collection agencies or law enforcement. In such event, you will be responsible for, and hereby agree to pay, (i) the full cost of the ordered product or service (which, for the avoidance of doubt, will not be limited to the deposit amount), (ii) a processing fee of $50.00, and (iii) all costs and expenses we incur in connection with our collection efforts, including without limitation attorney fees and costs, collection agency fees and costs, bank fees and any other costs and expenses relating to our collection efforts.
We accept certain credit cards as payment for purchased goods or services. By purchasing goods or services through this Website, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your purchase to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
The charge to your credit card will be shown on your statement as "JS Tour & Travel". Please make a note of this to avoid any confusion later.
5. CUSTOMER SATISFACTION POLICY
We strive to provide you with the best possible service and offer you every possible opportunity to work out any disputes or issues that may arrive. Your satisfaction is important to us. If for any reason you are not satisfied with the service you have received, please contact us as soon as possible and we'll try to make things right. Of course, if you are happy with the service you receive (and we know you will be), please help spread the word. We depend on you for our business.
6: CHARGEBACK POLICY
If you have a complaint about any service we provide, please contact us first. Customer satisfaction is very important to us, and we strive to stand behind the services that we offer. We will make every attempt to ensure that you are completely satisfied with the services we've provided you. If you are unhappy with our services for any reason, please do not file a chargeback with your credit card before you have given us a chance to work it out with you.
Fraudulent chargebacks (chargebacks filed for services you did receive, filed prematurely without cause or necessity (including to obtain a refund where one has not been denied), or issues covered in the terms and conditions herein) will be assessed a $45.00 fraudulent chargeback fee and a $50.00 processing fee, and will be turned over to a collection agency. If we have to go through the trouble of sending it to collection, you will be responsible for the full price of the charter plus all applicable collection fees. We know you wouldn't do that anyway, though, would you?
8. HOLD HARMLESS CLAUSE (AKA THE ?CYA CLAUSE?) (This part is common sense, but...)
The services advertised on this website are provided by independent contractors and not agents or employees of Cozumel Charters, JS Tour & Travel Inc., or it's affiliates. Cozumel Charters, JS Tour & Travel Inc., or it's affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
The Website works as a middle-agent between the client and the operator of services listed on the Website. As such, the Website creates the necessary commercial connections in compliance with its own service and quality standards to provide services such as, but not limited to, fishing and snorkeling charters. Only the most reputable suppliers are selected for this purpose. However, the Website cannot be held liable for their acts, omission, wrongdoing or other. Travel services are subject to the conditions set by those suppliers, and their liability may, in turn, be limited by their tariffs and conditions of service. The Website acts only in its role of agent for the client or for the supplier of the goods and services rendered and as such, does not keep any legal authority or control over the operator?s personnel, assets, operation and/or property.
The Website herewith declares that:
(a) Photographic material published on its Website is intended to render a general depiction of the service in question and by no means can be guaranteed that the service will be supplied exactly as depicted.
(b) Travel services descriptions are regularly updated for a depiction of the product as close to reality as possible. However, the Website cannot be held accountable for variations occurring upon your arrival at the travel service site.
(c) The Website will reserve the right to deny the supply of a service to any client at any given moment if and when it considers necessary to do so.
(d) Any claim or comments that the client should present about the services received must be submitted in writing within a period of time no longer than 14 days from travels end date.
The Website will not assume liability for any claims, costs or expenses arising from personal injuries to the client or third parties, or caused by accidents, fatalities, loss or damage to personal property, lack of enjoyment or claims over emotional and mental states such as upset, disappointment, anguish, distress or frustration, or any other damage, whether physical, mental or emotional, arising from the following:
(a) Acts committed or omissions caused by any party other than the Website or its employees.
(b) Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather or any other circumstance beyond direct control of the Website.
(c) The client?s failure to obtain the required travel documentation such as, but not limited to, passports, visas and certificates, in which case no refund will be granted.
(d) The client?s failure to comply with travel instructions such as, but not limited to, flight schedules, hotel check-in and check-out dates and times, and voucher redemption policies.
(e) Changes to, or cancellation of, the travel services offered, notwithstanding the reason. The Website reserves the right to cancel or change the travel services at its discretion, but will try to substitute them with comparable services. We reserve the right to change watercraft should an unexpected mechanical failure occur or if a requested boat is not available for any reason on the day of the charter. If a reservation must completely be canceled, the Website?s liability will be limited to a refund of all monies paid to the Website.
Neither Cozumel Charters nor JS Tour & Travel Inc, nor any of their respective owners, officers, managers, directors, contractors, employees, subsidiaries and/or affiliates (together with Cozumel Charters and JS Tour & Travel Inc, the "CC Parties"), will be liable for lost profits, loss of business, or other consequential, special, incidental, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party, except as may be expressly provided herein. To the full extent permitted by law, the total cumulative liabilty of the CC Parties shall be limited to the amount actually paid for the purchase of the products or services through this website. Some states do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
This is the only warranty you get from us relating to the products or services you purchase. We make no other, and expressly disclaim all representations, warranties, and conditions, whether in writing, implied or statutory, including any warranty of merchantability or fitness for any particular purpose, or any warranty arising from the course of dealing or usage of trade.
These Terms shall be governed by the laws of the state of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant county, the state of Texas, United States of America, in all questions and controversies arising out of your use of this site and these Terms.
9. FUN POLICY
Now that you've read through all
these legal blah-blahs, loosen up
and have fun this vacation!
Cozumel welcomes you with open arms.
We're happy to help you resolve
any questions or issues you have
within the guidelines of these terms
- just Contact