TERMS AND CONDITIONS

Welcome to Isla Spirit Adventures!

These are the terms and conditions for:

The following terms and conditions apply to the website and services offered by Isla Spirit Adventures. This includes any version of Isla Spirit Adventures accessible via desktop, mobile, tablet, social media or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website”, refer to Isla Spirit Adventures’ website, “we”, “us”, “our”, and “Isla Spirit Adventures”, refer to Isla Spirit Adventures, and “you”, and “user”, refer to you, the Isla Spirit Adventures user.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of the website and services offered by Isla Spirit Adventures. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modification of these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Isla Spirit Adventures may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and website is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing Isla Spirit Adventures with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. BOOKINGS

Users have the possibility to book the activities offered by Isla Spirit Adventures directly through our website. Before proceeding with the reservation, it is highly recommended that users thoroughly review the description of each available activity. This includes detailed information about the itinerary, the elements included in each activity, the estimated duration, specific recommendations, meeting and pick-up points, as well as the applicable booking, cancellation and weather policies.

All this information is clearly specified on our website, allowing users to make informed decisions. Should additional information or clarifications be required, users may contact our customer service team, who will be available to provide assistance and resolve any questions that may arise.

To proceed with the reservation, the user must select the available dates in the interactive calendar and continue with the indicated payment process. It is crucial to ensure that the selected dates are available and confirmed before completing the payment.

Users are also urged to consult the booking, cancellation and weather policies applicable to each activity. These policies are detailed in the appropriate sections of these terms and conditions, and their review is essential to ensure a smooth experience. Understanding and acceptance of these policies are prerequisites for the confirmation of any reservation made through our website.

4. WHALE SHARK EXCURSIONS

4.1. Booking Information

To secure your spot on our popular whale shark excursions, a 20% deposit is required at the time of booking. Due to high demand, we strongly recommend that you make your reservation several months in advance. The remaining balance must be paid in cash at the time of boarding, directly to your captain.

4.2. Weather Policy

The safety of our clients is our priority. If the excursion must be cancelled due to adverse weather conditions resulting in port closure, we will work with you to reschedule the activity. If it is not possible to reschedule prior to your scheduled departure, your deposit will be refunded in full.

4.3. Cancellation Policy

We understand that plans may change. If you need to cancel your reservation, please note the following conditions:

4.4. Additional Information

For complete details on tour description, itinerary, meeting points and pick-up points, please review the specific tour information available on our website. Be sure to read all information provided to ensure a safe and enjoyable experience.

5. DEEP SEA FISHING

5.1. Booking Information

To guarantee your participation in our popular deep sea fishing excursions, a 20% non-refundable deposit is required at the time of booking. Since these excursions often fill up months in advance, we recommend that you make your reservation as soon as possible to secure your spot. The remaining balance must be paid in cash directly to the guide on the day of the excursion.

5.2. Cancellation Policy

We understand that plans may change and we offer the following cancellation options:

5.3. Weather Policy

The safety of our clients is our top priority. In the event that the deep sea fishing excursion must be cancelled due to adverse weather conditions resulting in port closure, Isla Spirit Adventures will work with you to reschedule the activity. If it is not possible to reschedule the excursion prior to your official departure date, your deposit will be refunded in full.

5.4. Additional Information

For detailed information about the tour description, itinerary, meeting points and pick-up points, we invite you to review the corresponding section on our website. Be sure to read all the information provided to ensure a safe and enjoyable experience.

5.5. Equipment and Preparations

We recommend our participants to bring sunscreen, sunglasses, hat and clothing suitable for deep sea fishing. All fishing equipment will be provided by Isla Spirit Adventures. If you have special dietary needs, please inform us in advance so we can make the necessary arrangements.

6. BAY FISHING

6.1. Cancellation Policy

At Isla Spirit Adventures, we understand that plans can change and we strive to offer flexibility where possible. Below are our cancellation policies for deep sea fishing excursions:

6.2. Additional Information

For complete and detailed information on tour description, itineraries, recommendations, meeting points and pick-up points, we invite you to consult the specific information for each tour available on our website. It is essential to review these details to ensure a safe and satisfactory experience.

6.3. Recommendations and Preparations.

We suggest all our participants to bring sunscreen, sunglasses, hat and appropriate clothing for deep sea fishing. All fishing equipment will be provided by Isla Spirit Adventures. If you have any special dietary needs or specific requirements, please inform us in advance so that we can make the necessary arrangements.

7. SPEARFISHING

7.1. Cancellation Policy

At Isla Spirit Adventures, we understand that circumstances may change and we offer the following cancellation policy for the Spearfishing tour:

7.2. Additional Information

For complete details on tour description, itinerary, recommendations, meeting points and pick-up points, please refer to the specific tour information available on our website. It is essential that you review this information to ensure a safe and satisfactory experience.

7.3. Recommendations and Preparations

We recommend our participants to bring sunscreen, sunglasses, hat and appropriate clothing for the spearfishing activity. All necessary equipment will be provided by Isla Spirit Adventures. If you have special dietary needs or specific requirements, please inform us in advance so we can make the necessary arrangements.

8. SNORKEL TRIPS

8.1. Booking Information

To secure your participation in our popular snorkel trips, a 20% non-refundable deposit is required at the time of booking. Due to high demand, we strongly recommend that you make your reservation several months in advance to guarantee your spot. The remaining balance must be paid in cash directly to the guide on the day of the excursion.

8.2. Cancellation Policy

We understand that plans may change and offer the following cancellation options:

8.3. Weather Policy

The safety of our clients is our top priority. In the event that the snorkeling excursion must be cancelled due to adverse weather conditions resulting in port closure, Isla Spirit Adventures will work with you to reschedule the activity. If it is not possible to reschedule the excursion prior to your official departure date, your deposit will be refunded in full.

8.4. Additional Information

For complete details on tour description, itinerary, recommendations, meeting points and pick-up points, please refer to the specific tour information available on our website. It is essential that you review this information to ensure a safe and satisfactory experience.

8.5. Recommendations and Preparations

We suggest our participants to bring sunscreen, sunglasses, hat and appropriate clothing for the snorkeling activity. All necessary equipment will be provided by Isla Spirit Adventures. If you have special dietary needs or specific requirements, please inform us in advance so we can make the necessary arrangements.

9. SUNSET CRUISE

9.1. Reservation Information

To secure your spot on our popular sunset excursions, a 20% non-refundable deposit is required at the time of booking. Since these excursions often fill up months in advance, we recommend that you make your reservation as soon as possible to guarantee your spot. The remaining balance must be paid in cash directly to the guide on the day of the excursion.

9.2. Cancellation Policy

We understand that plans can change, so we offer the following cancellation options:

9.3. Weather Policy

The safety of our clients is our top priority. In the event that the sunset excursion must be cancelled due to adverse weather conditions resulting in port closure, Isla Spirit Adventures will work with you to reschedule the activity. If it is not possible to reschedule the excursion prior to your official departure date, your deposit will be refunded in full.

9.4. Additional Information

For complete details on tour description, itinerary, recommendations, meeting points and pick-up points, please refer to the specific tour information available on our website. It is essential that you review this information to ensure a safe and satisfactory experience.

9.5. Recommendations and Preparations

We recommend our participants to bring sunscreen, sunglasses, hat and appropriate clothing for the sunset tour. All necessary equipment will be provided by Isla Spirit Adventures. If you have special dietary needs or specific requirements, please inform us in advance so that we can make the necessary arrangements.

10. PAYMENTS

Users may pay for bookings using the following payment methods:

Once the date of the activity and the number of participants have been selected, the user must proceed to the payment process by completing the form and selecting the payment method. The booking will be active once the payment process is completed.

Once the transaction is processed, we will send an electronic receipt to the user's email address. If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Isla Spirit Adventures reserves the right to engage any payment processor available.

11. LIMITATION OF LIABILITY

Isla Spirit Adventures strives to provide safe and enjoyable experiences for all participants in our activities. However, by participating in our excursions, users acknowledge and agree that such activities carry inherent risks associated with the marine environment and variable offshore conditions. Consequently, Isla Spirit Adventures, its owners, employees, agents and representatives assume no liability whatsoever for personal injury, loss, property damage, or any other type of damage that may occur as a result of participation in our activities.

The liability of Isla Spirit Adventures is strictly limited to the services directly offered by the company and does not include damages, losses or injuries caused by acts of third parties, adverse weather conditions, acts of nature, or any other circumstances beyond the reasonable control of the company. Participants must understand that sea conditions can change rapidly and that, despite the precautions and safety measures taken, there will always be a level of risk.

It is the responsibility of each participant to assess their own physical capacity and state of health before embarking on any activity. Isla Spirit Adventures is not responsible for any health problems that may arise during or after the activity, nor for any exacerbation of pre-existing conditions. Participants are advised to consult a health professional if they have any doubts about their fitness to participate in offshore activities. Isla Spirit Adventures is not responsible for loss or damage to personal property during the course of the activities. Participants are responsible for the care and protection of their personal belongings. In case of loss or damage of equipment provided by Isla Spirit Adventures, the participant's responsibility will be limited to the cost of repair or replacement of the equipment.

In situations where the activity must be cancelled or modified due to adverse weather conditions, port authority decisions or any other reason beyond the control of Isla Spirit Adventures, participants will be refunded the deposit or offered the possibility of rescheduling the activity, according to established policies. However, Isla Spirit Adventures will not be responsible for any additional expenses, loss of income, or inconvenience caused by such cancellations or modifications.

By booking and participating in our activities, users accept and understand these limitations of liability. Participation in Isla Spirit Adventures activities implies acceptance of all terms and conditions, including the limitations of liability described herein. Users are advised to read all policies and terms carefully before making a reservation.

This limitation of liability clause is an integral part of Isla Spirit Adventures' terms and conditions and is subject to change without notice. Participants should periodically review the terms and conditions to be informed of any modifications.

12. COPYRIGHT

All content on Isla Spirit Adventures website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Isla Spirit Adventures or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Isla Spirit Adventures are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Isla Spirit Adventures prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Isla Spirit Adventures or any part of the material for any purpose other than its intended purposes is strictly prohibited.

13. COPYRIGHT INFRINGEMENT

Isla Spirit Adventures will respond to all inquiries, complaints and claims related to the alleged infringement or violation of the provisions contained in Mexican and international copyright and intellectual property laws and regulations. Isla Spirit Adventures respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:

14. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

15. PROHIBITED ACTIVITIES

The following activities are prohibited:

16. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Isla Spirit Adventures provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Isla Spirit Adventures for any loss or damage caused as a result.

Isla Spirit Adventures shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Isla Spirit Adventures excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Isla Spirit Adventures and Isla Spirit Adventures shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

17. ELECTRONIC COMMUNICATIONS

Isla Spirit Adventures will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

18. INDEMNIFICATION

You agree to defend and indemnify Isla Spirit Adventures from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

19. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

20. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Isla Spirit Adventures, shall constitute the entire agreement between you and Isla Spirit Adventures concerning and governs your use of the website and the services.

21. FORCE MAJEURE

Isla Spirit Adventures shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

22. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Isla Spirit Adventures. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

23. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Mexico (United Mexican States). Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Quintana Roo, Mexico. This applies unless binding arbitration is agreed to in the applicable section.

24. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

25. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below: