Terms & Conditions of Sale
Every guest is responsible for familiarizing themselves with our Terms & Conditions of Sale before making payment for their tour(s). There are no exceptions to our Terms & Conditions of Sale. Please read them carefully. Thank you.
The Ocean Friendly web site is operated by Ocean Friendly Tours & Images (hereafter as “Ocean Friendly”). Your use of the web site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (Terms and Conditions) and throughout the entire web site.
Your use of the web site constitutes your agreement to all of our Terms and Conditions.
Ocean Friendly reserves the right to amend the Terms and Conditions at any time and without notice. Your continued use of the web site after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended. There are no exceptions.
The products on the web site are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
Any order placed by you in the manner described in this web site is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified within this web site at the time you place your order on these Terms and Conditions. Ocean Friendly reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this web site or an error in your order.
Prices of products and services, delivery and other charges displayed on this web site are current at the time of issue. However, they may change at any time and are subject to availability. All prices displayed are exclusive of delivery and handling charges. These costs are additional to the listed product price and will be noted on the website when applicable.
Delivery, Departure & Arrival Times
The delivery times are indicative only and Ocean Friendly will not be liable for any failure to observe these delivery times.
Risk and Title
Ocean Friendly will retain title to the products (i.e. tour reservations and any other products offered by Ocean Friendly) you order until you have made payment in full for those products, but all risk in the products will pass to you upon their payment and delivery of confirmation via e-mail, postal or courier service or any other sort of normal means of electronic or physical delivery. You should consider whether to obtain any suitable travel insurance to ensure your protection. Transfer of Risk and Title will pass to the guest at the time that full payment is received within 24 hours of the guest receiving their reservation confirmation.
The circumstances in which Ocean Friendly is obligated to make a refund, refunds will be made within three to four business days. In all cases, refunds can only be made within 60 days of the original date of payment via PayPal. There can be no exceptions to this policy as it is a PayPal policy and not one of Ocean Friendly. See the complete refund policy at the bottom of this page.
Guest Weight & Balance Surcharge As Related to Safety
Ensuring the safety of all guests on board is our number one priority.
It is important that we maintain authorized weight restrictions our vessels and level balance on board at all times.For balance and stability on our boats, guests who weigh more than 265-US Pounds/120-Kilograms are required to purchase a second ticket to off-set the overall weight and balance of our vessels to ensure that all water activities are safely conducted and to ensure safe balance. The price of the second ticket will be determined by the cost of the type of tour chosen by the guest and the amount of guests on board will be decreased by one for each occurrence.
If you, or any of your party may exceed the weight limit quoted above, simply purchase an additional ticket for any individual falling into that category. For example, if you or a guest need a second ticket, simply purchase a second ticket for each individual. You must volunteer this information up front to the reservations agent or be denied boarding with no refund at the departure point.
Ocean Friendly Tours makes no additional profit from this policy. This policy simply allows us to reduce the number of passengers on board to compensate for the weight variance and to ensure guest safety and comfort for everyone on board. Thank you for your understanding of our safety policies as they relate to all guests. All information is kept confidential and will NOT be shared with any third party.
If you have additional questions regarding this safety policy please contact us.
Limitation of Liability
Ocean Friendly will, in no way, be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the web site or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the web site or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this web site, including but not limited to, damages for loss of profits, use, data or other intangible, even if Ocean Friendly has been advised of the possibility of such damages.
The liability of Ocean Friendly for any breach of such term, condition or warranty shall be limited, at the option of Ocean Friendly, to any one or more of the following:
1. If the breach relates to goods, relating to your tour and not personal properties,
A: The replacement of the goods or supply of equivalent goods
B: The repair of such goods
C: The payment of the cost of replacing the goods or of acquiring equivalent goods
D: The payment of the cost of having the goods repaired
2. If the breach relates to services,
A: The supplying of services again; or
B: The payment of the cost of having the services supplied again.
While the information contained in the web site is believed to be accurate and current, it is provided by Ocean Friendly in good faith on an "as is" basis. Ocean Friendly, its management, officers, employees or volunteers make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the web site and none of them accept responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the web site. To the extent (if any) that if the content of the web site does not satisfy the laws of a country other than the country of México, it is not directed to persons in those countries and they should not use the web site.
The web site may contain links to web sites not maintained, controlled or associated with Ocean Friendly and it does not make any endorsement, or any representation as to the accuracy of information contained on those web sites. Ocean Friendly will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those web sites.
Ocean Friendly is the copyright owner of the content of the web site or is licensed by the copyright owner to use the content on the web site. Except as permitted by law no part of the web site may be reproduced, adapted, displayed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying by any storage and information retrieval system) without the specific prior written consent of Ocean Friendly or other copyright owners that have given Ocean Friendly the permission to use their images and/or text.
Internet Related Viruses
Ocean Friendly does not represent that any information (including any file) obtained from and through the web site is free from computer and/or Internet related viruses or other faults or defects. It is each individuals responsibility to scan any such information for computer viruses. Ocean Friendly will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the country of México. You agree to submit to the exclusive jurisdiction of the courts and laws of the State of Jalisco, México, no matter the location of your purchase of our tours or of the departure point of our tours.
ADDITIONAL TERMS AND CONDITIONS OF ALL TOURS AND WORKSHOPS
1. The proprietors reserve the right without notice to substitute any vessel, tour guide and/or staff member at any time and without prior notice.
2. Tour schedules and/or itineraries may change without notice and the proprietors reserve the right at any time to cancel any cruise for any reason whatsoever.
3. Passengers must arrive and be ready at the point of departure stipulated within twenty minutes of the departure time.
4. If, in the opinion of the Captain or Harbor Master, that the voyage cannot be continued for any reason, especially including issues related to safety of crew and guests, they either may terminate the tour at any time without prior notice or during the tour.
5. The proprietors are not common carriers and reserve the right to refuse to carry any passenger, baggage or goods without assigning any reason without prior notice. Therefore passengers shall comply with all orders or instructions given by the Captain, Harbor Master and/or tour guides, crew members, volunteers and operators. The proprietors or any other staff member or volunteer on board shall not be responsible for any damage or loss occasioned.
6. Passengers shall not carry any alcoholic liquor, matches, explosives, volatile spirits or other goods of a dangerous, inflammable or offensive nature. For the safety of all on board, all tours are non-smoking. In the event of a passenger being required not to embark or to disembark from the vessel under the provisions of this condition, neither the proprietors, nor the Captain, or any other crew member or volunteer, shall be under any liability to such passenger of any kind whatsoever.
7. Your tour confirmation ticket is available for use on the day of issue only. The proprietors reserve the right to grant a credit for the issue of a ticket on another cruise but no refund shall be given.
8. In the event that any specified cruise is canceled, then the proprietors may, at their option either refund the fare or issue the passenger a ticket for another tour on another date based on availaability.
9. The Captain, proprietors and/or any crew member or volunteer shall not be responsible for any injury to person or damage to property arising out of any cruise.
10. Proprietor shall mean Ocean Friendly Tours, successors and assigns.
11. All tours and workshops are non-smoking for the safety and comfort of all guests and Ocean Friendly staff. All alcoholic beverages are prohibited on board as part of the Mexican Marine Mammal Viewing Laws and all flammable liquids, gases, etc. are prohibited with the exception of oxygen containers for individual use. Written certification from an authorized medical doctor provided in advance of the date of the tour is required at least 7-days from the date of tour departure.
Any guest, appearing to be intoxicated, disturbed or argumentative, will not be permitted to board and/or participate in the tour. No refund will be provided under these circumstances. The decision to decline boarding of any individual will be made by the Captain, Harbor Master and/or any representative of Ocean Friendly Tours, security guards and/or Federal port authorities.
PAYMENT & REFUND POLICY
12. If we, Ocean Friendly staff, cancel a tour a full refund will be provided or you will be offered a reservation for another date, based on availability.
13. Should you elect to cancel and the tour is still scheduled, a 100% administration fee will be applied with less than 48 hours notice for each individual ticket. Reservations canceled 7 days to 48 hours prior to departure will be charged a 50% administration fee. This policy becomes immediately effective at the time of payment.
14. A cancellation made less than 48 hours prior to departure incurs a 100% cancellation fee. This includes no-shows on the day of departure. NO REFUND WILL BE GIVEN UNDER ANY CIRCUMSTANCE FOR CANCELLATIONS MADE LESS THAN 48 HOURS PRIOR TO DEPARTURE. RESCHEDULING OF YOUR TOUR DATE WILL NOT BE ALLOWED ON CANCELLATIONS RECEIVED LESS THAN 48 HOURS OF DEPARTURE. THIS INCLUDES NO-SHOWS ON THE DAY OF DEPARTURE. THERE ARE NO EXCEPTIONS TO THIS POLICY.
Only cruise ship passengers are excluded from this policy and full refund will only be made in the event that your ship is confirmed to be unable to arrive or dock in Puerto Vallarta or other any other ports from which we are conducting our tours.
15. There are no refunds for seasickness. Don't let seasickness spoil your day. Consult with your doctor or pharmacist about what types of preventatives might be right for you.
16. Tour participants, hereby agree to indemnify and hold harmless Ocean Friendly from any and all claims, actions and judgments, including all costs of defense and attorney's fees incurred in defending against same. Tour participants agree that they are fully aware of the risks involved and hazards connected with whale watching and/or any water or land based activities, including but not limited to risks of loss, property damage and/or personal injury, including death and they voluntarily assume full responsibility for the same. Further, tour participants hereby agree to elect to voluntarily participate in our tour activities with the full knowledge that said activity may be hazardous to them and their property.
17. Ocean Friendly Tours reserves the right to refuse services and boarding opportunities to any guest with or without any reason, even on the day of departure.
18. To guarantee your reservation, all payments are required (via PayPal) within 24 hours of confirmation or are subject to cancellation without notice.
19. Reservations requested within 24 hours of tour departure must be made (via PayPal) by the end of that business day or your reservation will not be honored.
20. Transfer of any monetary funds or payment for tours are prohibited within the Federal Zone of any port from which we might depart. Full payment must be made online via PayPal or in person at our office within 24 hours of reservation confirmation.
21. All guests are automatically added to our email list for ongoing updates. An UNSUBCRIBE link is always included in each email if you would not like to receive our emails in the future.