Terms and Conditions
These General Terms & Conditions for LOVESHACK (hereinafter: Terms) regulate mutual rights and obligations related to services and accommodation on the Boat.
1.1 Dos Villanos LLC, S de RL de CV is the Owner [Hereinafter the “Owner”], of the Boat Bluewater 1998, hull BTL68054K798 two diesel engines Cummins 68 ft. maximum capacity 45 passengers [Hereinafter the “Boat”], which is for the purpose hereof.
1.2 Loveshack Cruises is the commercial name used by the Owner to render services of PRIVATE LEASE and services of the Boat, which name is also Loveshack [Hereinafter “Loveshack”].
1.3 Loveshack will be used in this document indistinctly to represent the company and/or for the Boat.
1.4 Client: Any individual(s) and/or entity and/or national or foreign guests that rent and/or use the private and exclusive services of the Boat.
1.5 The Boat will be rented for recreational purposes such as, without limitation: bay rides (sunset), sport fishing, private vents, snorkeling tour, whale watching, and any other advertised services on the web page www.loveshackcruises.com [Hereinafter activities]
2. GENERAL CONDITIONS FOR LEASE.
2.1 The Client shall book the Boat and/or its services with a period of at least 24 hours. This may be done through:
a) Website: www.loveshackcruises.com,
b) Phone: 624-105-1238 y/o 624-157-2797
c) E-mail: firstname.lastname@example.org; and/or
d) In-person at the Owner’s offices in Blvd. Marina S/N Plaza Nautica, Loc. E1-B Col. Centro Cabo San Lucas, BCS, Zip Code 23450, Mexico.
2.2 The Client shall specify in the reservation the activities they wish to carry out while leasing the Boat, pursuant to the Services offered by Loveshack, number of hours, and passengers.
2.3 Therefore, Loveshack will provide services and activities in terms of reservation, and the Client may not request additional activities and/or services that were not agreed upon and/or paid in the reservation and/or before setting sail.
2.4 The Client acknowledges and accepts that Loveshack has its crew, which will be assigned to render the services requested and who are trained to perform the activities engaged. Therefore, the Client has no labor responsibility with the crew.
2.5 The rent of the Boat includes besides the activities engaged: the crew, fuel, lunch (Mexican buffet, snacks), alcoholic and non-alcoholic beverages, and ice. Loveschack reserves the right to designate the number of the crew on board, the amount and type of food, snacks, and beverages to be offered to the Client. The Client shall request any additional service, menu, or beverages in the reservation, which will be subject to an additional charge and agreed by Loveshack.
2.6 The Client is obliged to notify Loveschack in the reservation if they have any allergies to any material, food, and/or beverages to be contemplated by Loveshack at the time of providing the Service. In the event of notifying this situation in the reservation, Loveshack will not be responsible for the consequences of using materials and/or consumption of food or beverages.
2.7 The Client is obliged to notify Loveshack in the reservation of any illness or disease that may have. Therefore, Loveshack is not responsible if the Client suffers an accident due to said illness while on the Boat. Loveshack reserves the right to accept the engagement of the Boat’s services and/or rent when considering what this may expose to its Clients.
2.8 The Client accepts and authorizes that the crew and/or designated person by Loveshack to take videos and/or pictures of the ride and/or activities, as well as the invited passengers for the exclusive use of advertisement of Loveschak in any media such as digital, printed, social network, etc. Therefore waives any claim in the future that may arise as a result of said media.
2.9 The Client and invited passengers are responsible for using and managing the fishing equipment, snorkel gear, facilities of the Boat, and/or any other equipment provided for the activities. In the event of any damage, flaw, or loss imputable to the wrongful use of the equipment, as well as the loss of the snorkel equipment, the Client shall pay the amount valuated by Loveschak at that time, and said amount shall be paid in cash at the time the ride is finished. If the Client refuses to pay the caused damages, Loveshack reserves the right to initiate the corresponding legal actions against the Client.
2.10 Loveshack will only serve alcoholic beverages to persons of legal age (18 years old and older). Therefore if any minor is accompanied by an adult who provides them with alcoholic beverages, will be under their strict responsibility any consequence suffered by said minor and/or passengers of legal age caused by the alcohol consumption, even when is provided by Loveshack. Said consumption will be under the strict responsibility of the Client and/or invited passenger.
2.11 It is strictly forbidden for the Crew, Client, and/or invited passengers to get on board under the influence of any drug or to carry any gun, narcotics, or contraband in general, participate in commercial fishing, and/or to carry out any other illegal activity or any other activity not related to purposes of the lease of the Boat. Loveshack reserves the right to suspend the Service and notify the corresponding authorities in the event of noticing any illegal activity.
2.12 The Client may bring onboard personal items such as a swimming suit, towels, sunscreen, cash for tips, food, and beverage of the Client’s choice provided that Loveshack authorizes them at the time of embarking.
2.13 Loveshack is obliged to provide to the Client and/or invited passengers the security measures and use of the Boat at the time of embarking. Loveshack also is obliged to provide Clients with life jackets. The Client is solely responsible for wearing the life jacket while the Boat is in use.
2.14 Loveshack does not have wheelchairs, equipment, or special facilities on the Boat; therefore, it cannot provide the Service to persons who require said facilities and/or special equipment.
2.15 The Client shall arrive 15 minutes before the scheduled embarking in the Marina of Cabo San Lucas DOCK M-O. If the Client does not show up and/or has a delay of 30 minutes, Loveshack reserves the right to refuse the Service to Client without any responsibility for the company and without the right to refund the down payment paid by Client.
2.16 The Client accepts the conditions of the Service as from the time in which reservation is made for the lease of the Boat or engages services.
3. TERMS AND CONDITIONS FOR THE PAYMENT OF LEASE OR SERVICES.
3.1 The Price of the Boat lease and the services provided will be agreed upon by Loveshack and the Client in the currency of the United States of America and/or its equivalent amount in pesos at the exchange rate of the date on which it is hired. [Hereinafter the “The Price of the Service”].
3.2 The Client shall reserve the Boat and the Services lease in the terms stipulated in article 2.1.
3.3 Any reservation requires 50% (fifty percent) of the Price of the Service (hereinafter the Down payment), which the Client may pay in cash, wire transfer, or by credit card. Said Down payment is not refundable, except in the terms listed in article 5.
3.4 Once the Client has paid the Down payment, Loveshack will send via e-mail the reservation confirmation indicating the time and date of the Service.
3.5 The Client will have to provide the information of a credit card under their name as a guarantee of the payment of the Service.
3.6 The Client authorizes Loveshack to charge the Price of the Service, additional services provided during the use of the Boat, the amount for damages and losses made to the Boat and/or equipment imputable to Client, as well as additional hours that the Client requests and the cancellation fee to the credit card provided.
3.7 The Client authorizes the charge of 5% (five percent) of the total amount of the services rendered by Loveshack in payments made through credit card.
3.8 The Client acknowledges and accepts that he must arrive 15 minutes before the scheduled hour, in The Marina of Cabo San Lucas, at the gate and location that Loveshack indicates in the reservation confirmation.
3.9 The Client must pay the outstanding balance of the Service Price before boarding, which should be made in cash and/or credit card at the moment indicated by Loveshack.
3.10 The tips of the members of the crew are not included in the Service price. Therefore, it is suggested that the Client tip such crew between 15% and 20% of the Service Price or based on the Client´s discretion.
4. TERMS AND CONDITIONS FOR SERVICES OF SPORT FISHING.
4.1 The Boat may be leased to practice sport fishing in accordance with the Mexican maritime Laws.
4.2 Loveshack has a trained crew for carrying out this activity; therefore, only the Crew Captain may decide on the places within the sea where this activity will be practiced.
4.3 The Client and his guests are obligated to obtain a fishing license pursuant to the Mexican laws, which is not included in the rental Price agreed upon nor in the services provided by Loveshack. The Client may obtain them in the stores and/or authorized modules in the Marina of Cabo San Lucas, or Loveshack may obtain them at the Client’s cost if the reservation was made with this requirement.
4.4 The Client accepts that the Boat may be leased to practice sport fishing for a maximum of 8 hours (6:30 am to 2:30 pm). However, it is understood that the hours can be customized and agreed upon in writing by the Client and Loveshack.
4.5 The Client acknowledges and accepts that there are restrictions to practice sport fishing; therefore, Loveshack shall explain the marine species that Client is permitted to fish once aboard the Boat.
4.6 The Client recognizes and accepts that capturing marine species permitted by law depends on natural factors, such as the weather, water, sea currents, etc. Consequently, it is not Loveshack’s responsibility if the Client fails to catch any fish, and this cannot be a cause for reimbursement of the services or Price for the lease of the Boat.
5. CANCELLATION POLICIES.
5.1 The causes for cancellation of the services and/or lease of the Boat due to Loveshack´s responsibility and without any responsibility for the Client are:
1. If the Captain of the Seaport restricts the departure for more than 3 hours, Loveshack shall reimburse 95% of the Price of the Service to the Client.
2. If the Boat presents a malfunction and it´s impossible to render the Service the day reserved by the Client, Loveshack shall reimburse 100% of the Retainer paid by the Client.
5.2 Loveshack reserves the right to provide the services, without this implying that the Client has a right to claim, demand, payment, or any other civil or commercial responsibility, in the following cases:
1. The Client acknowledges and accepts that if he does not arrive in the day and hour scheduled for the Service or is late for more than 30 minutes, Loveshack will charge 100% of the Retainer paid for the Price of the Service.
2. If the Client cancels the lease and/or Service within 24 hours in advance, Loveshack will only charge 50% of the amount paid as Retainer. The balance amount shall be refunded to the account and/or card that the Client indicates.
3. If the Client cancels the lease and/or Service within 72 hours in advance, Loveshack will only charge 30% of the amount paid as Retainer. The balance amount shall be refunded to the account and/or card that the Client indicates.
4. If the Client cancels the lease and/or service one week in advance, Loveshack will only charge 15% of the amount paid as Retainer. The balance amount shall be refunded to the account and/or card that the Client indicates.
5. There are weather conditions and/or fortuitous events and/or force majeure that delays the departure and/or prevent the trip from being carried out. The Client recognizes and accepts that the Seaport can be closed by the Mexican marine authorities due to weather conditions or other natural causes that may endanger the life of the crew and/or passengers. Therefore, Loveshack may cancel the Service due to this cause without any responsibility. Loveshack may reschedule the Service to the Client. However, it will not be a cause attributable to Loveshack, and it is not a reason to reimburse the Client the total amount of the Price of the Service.
6. VOLUNTARY RELEASE OF LIABILITY, WAIVER, AND EXPRESS UNDERTAKING OF RISKS REGARDING THE TRIP IN THE BOAT, USAGE OF THE EQUIPMENT, AND CONDUCTING RECREATIONAL ACTIVITIES.
6.1 The Client acknowledges and accepts that they and their guests are passengers in the Boat; consequently, they are fully responsible and understand the dangers during navigation, including the fishing and the recreational activities carried out in the Boat and the sea. They understand these risks may include, but are not limited to, being hooked or thrown off the Boat, drowning, slipping or falling on board, injuries that may occur inside and/or outside of the Boat, and other dangers in the sea.
6.2 The Client agrees and accepts that by signing this document, it is a waiver of rights to file a lawsuit against Loveshack for injuries or death resulting from the lease of the Boat and/or rendering of the services. Additionally, it recognizes that they are aware and expressly assume the aforementioned risks that involve the practice of sport fishing, carrying out marine activities, and those inherent to the navigation.
6.3 The Client recognizes and accepts that the Captain of the Boat, members of the Crew, Loveshack, sales agents, tourist services providers, the Owner of the Boat, nor the employees, cannot be associated or responsible in any manner for any of the incidents while using the Boat and/or on the trip, which may result in personal injuries, damages to property, death or any other damage to the Client and their guests, to their belongings that may occur as a result of the usage of the Boat or as result of any negligence of any party.
6.4 The Client is older than 18 years of age and legally competent to sign this liability waiver.
7. COVID 19 RELEASE
7.1 Understanding that we are in the midst of a global pandemic, and due to the potential for mandatory government orders that we are obligated to follow (restrictions and shutdowns), please be advised that if any booking must be rescheduled due to said restrictions or shutdowns, you will automatically be re-booked to the next available date. Refunds under these circumstances will not be issued, under any circumstances.
7.2 Although COVID Stay Safe measures are taken to prevent the spread of COVID you are aware that you could be exposed to COVID during Activities. You warrant that you assume any risk and will take full responsibility and waive Loveshack of any claims of personal injury or death relating to COVID infection or associated illnesses.
8. MEASURES TO REDUCE THE SPREAD OF CORONAVIRUS.
8.1 To reduce the risks of contagion by Coronavirus, when boarding the Vessel, in addition to being disinfected with antibacterial gel, which for these purposes is found at the entrance of the Vessel, the Client and their invited passengers must take the following measures :
a) Avoid handshakes, kisses, hugs, and other forms of personal contact.
b) Maintain a minimum distance of 1.5 meters between people.
c) Avoid touching your face, eyes, mouth, and ears.
d) The sneeze should be of etiquette, using the internal angle of the arm to cover the nose and mouth (even if a mouth cover is worn).
e) Refrain from spitting inside the Vessel.
f) Wash your hands frequently with soap and water and apply the antibacterial gel.
g) Use your personal protective equipment, such as mouth covers, disposable gloves, and glasses.
h) Use protective glasses instead of a mask.
i) Do not share personal items before, during, and after the trip or Service, such as food, drinks, dishes, glasses, utensils, clothes, towels, mobile devices, headphones, etc. Also, disinfect your items frequently.
j) Do not share or exchange your protective equipment (mouth covers, gloves, glasses, etc.).
k) Deposit personal hygiene waste in places specifically designated for that purpose.
l) Avoid using jewelry, watches, rings, or any other object susceptible to contamination within the Vessel.
9. APPLICABLE JURISDICTION.
9.1 In case of any controversy derived from these terms and conditions of Loveshack´s Service, as well as all that not expressly established in this document, Loveshack and the Client submit to the jurisdiction of the City of Cabo San Lucas, Baja California Sur, Mexico; therefore, the Client hereby renounces expressly the jurisdiction that they may belong to due to their current or future domicile or because of any other cause.
Blvd. Paseo de la Marina, Plaza Náutica, Centro, Cabo San Lucas, BCSCP 23453.