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Terms & Conditions of Sale
Acceptance
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). You should read them now.
Your use of the web site constitutes your agreement to the 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.
Capacity
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.
Orders
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 in 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. Your contract with Ocean Friendly only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices
Prices of products and services and delivery and other charges displayed on this web site are current at the time of issue, but may change at any time and are subject to availability. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.
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 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.
Refunds
The circumstance in which Ocean Friendly is obliged to make a refund, refunds will be made within three 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.
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,
- 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.
Disclaimer
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 or employees 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 Mexico, it is not directed to persons in those countries and they should not use the web site.
Links
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.
Copyright Ownership
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 content of Ocean Friendly or other copyright owners that have given Ocean Friendly the permission to use their images and/or text.
Viruses
Ocean Friendly does not represent that any information (including any file) obtained from and through the web site is free from computer viruses or other faults or defects. It is your 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. To the extent that any liability may be imposed on Ocean Friendly, it shall be limited to the cost of reapplying that information.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Mexico. You agree to submit to the exclusive jurisdiction of the courts of the State of Jalisco, Mexico.
TERMS AND CONDITIONS OF CRUISE
1. The proprietors reserve the right without notice to substitute any vessel at any time and without prior notice.
2. The proprietors reserve the right at any time to cancel any cruise for any reason whatsoever.
3. Passengers must 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, the voyage cannot be continued for any reason, then either may terminate the tour at any time.
5. The proprietors are not common carriers and reserve the right to refuse to carry any passenger, baggage or goods without assigning any reason. Therefore passengers shall comply with all orders or instructions given by the Captain, Harbor Master and/or tour guides and operators. The proprietors shall not be responsible for any damage or loss occasioned.
6. Passengers shall not carry any alcoholic liquor, matches, explosives, volatile spirit 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 skipper, or anyo other crew member 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 cruise.
9. The Captain, proprietors and/or any crew member 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.
REFUND POLICY
11. If we, Ocean Friendly staff, cancel the trip a full refund will be provided or you will be offered a reservation for another date.
12. Should you elect to cancel and the tour still going, a 50% administration fee will be applied with more than 48 hours notice.
13. 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. THERE ARE NO EXCEPTIONS TO THIS POLICY.
14. 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.
15. 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 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 whale watching activities with the full knowledge that said activity my be hazardous to them and their property.
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