BOOKING TERMS
Booking Terms and Cancellation Policy
Written before you pay, not after. These are the full terms that govern every private charter curated by Boat and Bay.
LAST UPDATED
1st September 2026
APPLIES TO
Every reservation confirmed with Boat and Bay, in Puerto Vallarta, Bahía de Banderas and the Riviera Nayarit
SENT TO YOU
With your written quote, before any deposit is requested
QUESTIONS
Answered by Oksana, before you confirm. Reach her here.
THE SHORT VERSION
What most guests want to know first
Six points, stated plainly. The full terms below govern; this summary is a courtesy so nothing surprises you later.
50%
DEPOSIT
Confirms your date. It covers half of the charter and any add-ons you have chosen.
​
​
Captain
WEATHER
If the port is closed or the captain judges the sea unsafe, you reschedule at no cost or receive a full refund. Rain alone is not a cancellation.
7 days
BALANCE
The remaining half is due seven days before departure, by any method. Bookings made inside seven days are paid in full at booking.
VAT (IVA)
INVOICING
Boat and Bay is a registered Mexican business. Prices are quoted in USD with IVA included, and invoiced properly. No surcharge for paying by card.
15 days
CANCELLATION
Cancel 15 or more days out and your deposit is returned, less an 85 USD administration fee. Inside seven days there is no refund, but the date can be moved.
One
POINT OF CONTACT
Every extension, add-on and future charter is arranged through Boat and Bay, so one accountable person holds the whole record.
Every adult guest signs the waiver in the preferences form before departure; it is required to board. Travel insurance is strongly recommended. Personal circumstances such as illness, missed flights or cruise-ship delays fall under the standard cancellation terms.
SECTION 1
Who we are, and definitions
By confirming a reservation, the Lead Guest accepts these terms on behalf of everyone in the group.
Boat and Bay curates private yacht charters in Puerto Vallarta, Bahía de Banderas and the Riviera Nayarit. We select the vessel, compose the day, arrange the add-on services, and act as your single point of contact from inquiry to departure. The vessels themselves are owned and operated by independent, licensed operators. Please read these terms carefully; they govern every charter arranged through Boat and Bay.
Boat and Bay
The yacht charter curation agency operating under that name, a registered business activity in Mexico, which arranges private charters aboard vessels operated by Partner Operators and which provides or subcontracts Add-on Services.
Partner Operator
The independent owner or administrator of the vessel, who supplies the vessel, its licensed captain and crew, and fuel for the agreed itinerary.
Captain
The licensed maritime professional assigned to the vessel by the Partner Operator. The captain holds full authority over navigation, safety and all operational decisions on board.
Lead Guest
The person who confirms the reservation and who is responsible for the group and for payment.
Guest(s)
Everyone on board during the charter, including the Lead Guest.
Charter
The private use of a vessel with captain and crew, for the period and itinerary agreed at the time of booking.
Add-on Services
Private chef, bar, photography, music, decoration, transport, water toys and similar services arranged by Boat and Bay through its own vetted vendors.
SECTION 2
Booking, payment and preparation
A date is held only when the deposit has arrived. Everything you are paying for is itemized before you pay it, and everything the day needs from you is collected in one form.
2.1
Confirmation
A reservation is confirmed on receipt of a deposit of 50% of the total charter price. The total includes the charter rate and any Add-on Services selected at the time of booking. Until the deposit arrives, the date remains open to other guests.
2.2
Balance
The remaining 50% is due no later than seven days before the charter date, by any of the methods in 2.3. Reservations made inside seven days are paid in full at booking. Payment of the balance in cash before boarding is possible only where Boat and Bay has agreed to it in writing beforehand. If the balance is not received by the deadline, the reservation may be released and the deposit forfeited.
2.3
Payment methods, currency and invoicing
Credit card, PayPal, bank transfer in USD or MXN, Wise, and cash paid in full before boarding where agreed in advance. Prices are quoted in USD with IVA included. Boat and Bay issues a proper Mexican invoice (factura) on request. Boat and Bay does not add a surcharge for card or PayPal payments. The processing cost of those payments is not returned by the provider if a refund is later made; see 3.3.
2.4
What the charter rate includes
Every charter rate includes the vessel, a licensed captain, the required crew, and fuel for the itinerary agreed at booking. Crew gratuity is not included and is at the guests' discretion. Add-on Services are quoted and itemized separately before confirmation.
2.5
Chargebacks
If a concern arises at any point, please write to Boat and Bay first. A chargeback filed without prior contact and without valid grounds is a breach of these terms. In that case Boat and Bay may recover the disputed amount, an administrative fee of 150 USD for processing and documentation, and any legal, banking or processing costs incurred.
2.6
Preferences form and waiver
After the deposit, Boat and Bay sends a single online form that collects the group's preferences and contains the liability waiver. Every adult guest completes and signs it individually; a parent or legal guardian signs for each guest under 18. The form is due no later than three days before departure. Some vessels also require each guest to sign a printed waiver at the dock, as the Partner Operator's own condition of carriage.​
​A signed waiver is required to board. A guest who has not signed does not board, and no refund is made for that guest.
2.7
Selections and deadlines
Menu and beverage selections are confirmed seven days before departure. Bar upgrades are ordered at least seven days before departure; rare and collector bottles at least fourteen working days before, and paid in full at the time of order. Purchased bottles, opened or not, remain the guests' property at the end of the charter. Allergy and dietary information is due 72 hours before departure (see 6.7). Boarding details are sent once the balance and every form have been received, or three days before departure at the latest.
2.8
Festive season pricing
Charters during the Festive Season, 20 December through 6 January inclusive, carry a 30% seasonal adjustment on the charter rate. New Year's Eve evening sailings departing from 6:00pm onward carry an 80% adjustment. Both are always shown in your written quote and itemized on your invoice before any deposit — never added afterward. Deposits for charters on 24, 25 and 31 December and 1 January are non-refundable (see Section 3).
SECTION 3
Cancellation, rescheduling and refunds
The count runs back from the day before your charter. The charter date itself is not counted. The balance falls due on the same day the deposit stops being refundable.
15 days or more
BEFORE THE CHARTER
Deposit refunded, less an 85 USD administration fee.
8 to 14 days
BEFORE THE CHARTER
50% of the deposit refunded, less an 85 USD administration fee.
7 days or fewer
BALANCE DUE · BEFORE THE CHARTER
No refund of any amount paid. The charter may be rescheduled within 12 months, subject to availability; an 85 USD administration fee applies.
Holiday dates: for charters on 24, 25 and 31 December and 1 January, the deposit is non-refundable regardless of the cancellation date. The Festive Season rate adjustment is set out in clause 2.8.
3.1
How the days are counted
A reservation is confirmed on receipt of a deposit of 50% of the total charter price. The total includes the charter rate and any Add-on Services selected at the time of booking. Until the deposit arrives, the date remains open to other guests.
On or before 30 Sept
Deposit refunded, less 85 USD
1 to 7 Oct
50% of deposit refunded, less 85 USD
8 Oct
Balance due. From this day, no refund; reschedule within 12 months
15 Oct
Charter day
3.2
Rescheduling
All rescheduling carries an 85 USD administration fee. Where a new date changes the operational cost of the charter (a different vessel, season, vendor or route), the difference is quoted at the time of the request and confirmed in writing before the date is moved.
3.3
Refund processing
Approved refunds are returned to the original payment method within 21 business days of written cancellation confirmation. Where the original payment was made by credit card or PayPal, the provider does not return the processing cost of that payment; that cost, 7% of the amount refunded, is deducted from the refund. Refunds of payments made by bank transfer or Wise carry no deduction beyond the administration fee.
3.4
Add-on Services
Add-on Services are prepared by Boat and Bay's vendors in the days before your charter. Where a vendor has already incurred costs at the time of a cancellation, those costs are deducted from any refund and itemized for you.
Boat and Bay strongly recommends travel insurance. Illness, family emergencies, missed or cancelled flights, cruise-ship delays, passport or visa issues, and changes of plan are personal circumstances and fall under the standard terms above, not under force majeure.
SECTION 4
Weather, port conditions and force majeure
Whether a charter operates is decided by the port authority and the licensed captain, at the scheduled departure time. Not by the forecast, and not by us.
4.1
Official port closure or government restriction
If the charter cannot legally operate because the Harbor Master (Capitanía de Puerto) or another competent Mexican authority has closed the port or issued a formal restriction in effect at the scheduled departure time, the Lead Guest may choose to reschedule to a future available date at no additional cost, or to receive a full refund of payments made, less the payment-processing cost described in 3.3. A temporary closure that is lifted before the scheduled departure does not in itself trigger cancellation.
4.2
Unsafe conditions
If the captain determines that weather or sea conditions are unsafe for navigation, including severe storms, dangerous sea state or winds beyond safe operating limits, the charter will not proceed. The Lead Guest may then reschedule at no additional cost or receive a full refund, less the payment-processing cost described in 3.3. Safety determinations are made solely by the licensed captain in accordance with Mexican maritime regulations.
4.3
Unfavorable but safe weather
Charters take place in an open maritime environment. Light rain, overcast skies, moderate wind or other conditions that do not prevent safe navigation are not grounds for cancellation. If the captain and the maritime authorities determine that conditions are safe, the charter proceeds as scheduled. A Lead Guest who chooses to cancel or reschedule for weather preference when conditions are safe falls under Section 3.
4.4
Forecasts
Forecasts are third-party estimates and change. Boat and Bay makes no representation as to sunshine, calm seas, water visibility, wind or wildlife. A difference between the forecast and the actual conditions is not grounds for cancellation or refund unless the captain determines that conditions are unsafe.
4.5
Force majeure
Boat and Bay is not liable for failure or delay in providing a charter where the cause is an extraordinary event beyond the reasonable control of both parties (a Force Majeure Event). To qualify, the event must (a) make the charter legally impossible, officially restricted or unsafe to operate; (b) be occurring at the scheduled departure time or within the 24 hours before it; and (c) directly affect Puerto Vallarta or the Bahía de Banderas maritime zone.
​
Force Majeure Events include, without limitation: hurricanes, tropical storms, earthquakes, tsunamis, flooding, landslides, volcanic activity or wildfires; severe maritime conditions resulting in official operational restrictions; war, armed conflict, terrorism or credible security threats affecting the departure location; widespread civil unrest or declared states of emergency; official port closures, navigation bans or maritime restrictions; government-ordered evacuations; legally binding travel prohibitions or border closures; epidemics or pandemics resulting in legally binding restrictions; and major infrastructure failures, including marina closures or fuel-supply disruption.
​
Force Majeure is determined exclusively by the formal actions of competent authorities: Mexican federal, state or municipal government, the Harbor Master, or Mexican maritime or civil-protection authorities. Advisories from foreign governments, including the U.S. State Department and the Government of Canada, do not constitute Force Majeure unless they impose a legally binding travel ban or border closure. Media reports, social media, airline notices and cruise-line advisories do not qualify.
​
If a Force Majeure Event other than those covered by 4.1 and 4.2 prevents the charter from operating, the Lead Guest may choose one of the following:
​
-
Reschedule to a future available date without penalty.
-
Charter credit equal to the charter value, valid for 12 months and transferable to friends or family.
-
Refund of payments made, less the payment-processing cost described in 3.3, the 85 USD administration fee, and any operational or vendor expenses already incurred, processed within 21 business days of written confirmation.
Where an event falls under both 4.1 or 4.2 and 4.5, the terms of 4.1 or 4.2 apply.
SECTION 5
Changes made by Boat and Bay
If something on our side shifts, you hear about it from us first, with the alternatives already in hand.
5.1
Unforeseen circumstances
Boat and Bay may modify a booking where a mechanical failure, vessel unavailability or a safety concern makes the original arrangement impossible. The Lead Guest is notified as promptly as possible.
5.2
Alternatives
Where a change is necessary, Boat and Bay offers a comparable replacement vessel, a new date, or a full refund. If the Lead Guest does not accept the alternatives offered, a full refund is provided. No compensation beyond a refund or rescheduling is offered for changes arising from unforeseen events.
5.3
Vessel substitution
Boat and Bay may substitute a vessel of comparable class, length and capacity if the reserved vessel becomes unavailable for mechanical or operational reasons.
5.4
Wildlife
Whales, dolphins, turtles and other marine life appear on their own terms. Their presence, proximity or visibility on any given day cannot be promised.
SECTION 6
On the day
Your charter time begins at the scheduled departure, whether or not everyone has boarded.
6.1
Arrival and late arrival
Guests are asked to arrive at the agreed embarkation point at the agreed departure time. The charter clock starts at the scheduled time. Late arrival does not extend the charter, and early return does not reduce the price. The Lead Guest remains responsible for the full booking amount.
6.2
No-show
A group that has not arrived at the embarkation point within 30 minutes of the agreed departure time, and has not contacted Boat and Bay, is treated as a no-show. The full booking amount is forfeited.
6.3
Guest count
The charter is confirmed for the number of guests stated at booking, and no refund is made for unused capacity. Additional guests may board only on immediate payment of the applicable per-person charge, and only within the legal passenger limit of the vessel under Mexican maritime regulations. Boat and Bay does not arrange charters for groups larger than 35.
6.4
Extensions
Extending the charter is subject to availability and local regulations. Requests should be made at least 60 minutes before the scheduled end of the charter. Additional time is paid through Boat and Bay, not directly to the captain or crew, unless Boat and Bay has approved otherwise in writing.
6.5
Beach and cove stops
At any beach, cove or beach-club stop, guests return to the vessel at the time set by the captain. An extended stop, or a delayed return to port caused by an overrun, is charged at the applicable hourly rate and payable immediately.
6.6
Seasickness
A guest experiencing seasickness may ask to return to port early, in agreement with the captain. No refund is made for lost charter time. The guest may choose to disembark at the nearest marina or beach access point; any resulting cost not in the original charter price, such as a water taxi, is the guest's responsibility.
6.7
Allergies and dietary requirements
The Lead Guest informs Boat and Bay of any allergies, dietary restrictions or relevant medical conditions at least 72 hours before the charter. Food and beverages are prepared by third-party caterers and the absence of allergens cannot be assured. Guests with severe allergies should speak with Boat and Bay before booking and take their own precautions.
6.8
What may come on board
Personal belongings, clothing, sunscreen and personal care items are welcome. Illegal substances, firearms, weapons, fireworks, hazardous materials and any item that could endanger guests, crew or the vessel are prohibited. The captain and crew may inspect and refuse any item they judge unsafe.
SECTION 7
Safety and conduct
The captain's word on safety is final. That is what keeps the day calm.
7.1
Inherent risk
Maritime activity carries inherent risk, including boarding, swimming and exposure to ocean conditions. By participating, all guests acknowledge and voluntarily accept those risks.
7.2
Captain's authority
All guests follow the safety instructions of the captain and crew at all times. The captain holds full authority to enforce safety measures for everyone on board. Boarding and disembarking take place only when authorized by the captain or crew.
7.3
Conduct
Excessive alcohol consumption, unsafe behavior, failure to follow crew instructions, or any illegal activity, including the use of illegal substances, may result in the charter being ended immediately without refund. The legal drinking age in Mexico is 18.
7.4
Swimming
Guests swim at their own risk. Life jackets are strongly encouraged for all guests during swimming and water activities.
7.5
Children
Parents and legal guardians are responsible for supervising their children on board at all times, and for any damage caused by them. Life jackets are strongly recommended for children throughout the charter and are mandatory for children while swimming, regardless of ability.
7.6
The marine environment
Guests observe environmental guidelines, including proper waste disposal, in the bay and at all stops.
7.7
Responsibility for the group
The Lead Guest is responsible for the conduct and compliance of every guest in the group. Any damage, misconduct or breach of these terms by a guest is the responsibility of the Lead Guest.
SECTION 8
Damages, liability and privacy
We are clear about where our responsibility begins and ends, because that clarity is part of what you are buying.
8.1
Damage to the vessel
The Lead Guest is financially responsible for damage to the vessel, its equipment or fixtures caused by the negligence, misuse or misconduct of any guest in the group. Boat and Bay may charge the Lead Guest, on behalf of the Partner Operator, for reasonable repair or replacement costs.
8.2
The scope of Boat and Bay's role
Boat and Bay acts as an intermediary between the Lead Guest and the Partner Operator. The seaworthiness, navigation and on-board operation of the vessel are the responsibility of the Partner Operator and its licensed captain. Boat and Bay is directly responsible for the selection of the vessel, the coordination of the charter, and the Add-on Services it arranges.
8.3
Limitation of liability
Boat and Bay, its owners and its representatives are not liable for personal injury, accident, illness, theft, or damage to or loss of personal property during a charter, except where such liability cannot be excluded under applicable law. Boat and Bay's total liability to the Lead Guest does not exceed the total amount paid for the charter.
8.4
Photography and your privacy
Boat and Bay does not photograph guests or publish images, names or details of any charter without the Lead Guest's written consent. Where a photographer is arranged as an Add-on Service, the images belong to the guests. Personal data is handled as described in our Privacy Policy.
SECTION 9
Communication and governing law
One channel, one record, one accountable name.
9.1
All arrangements through Boat and Bay
Every arrangement relating to a current or future charter, including extensions, Add-on Services and new dates, is made through Boat and Bay's official channels, so that a single written record exists and one accountable person holds it. Guests are asked not to arrange charters directly with the captain or crew.
9.2
Governing law
These terms are governed by and construed in accordance with the laws of Mexico.
9.3
Disputes
Any dispute arising from these terms is first submitted to good-faith negotiation between the parties. If unresolved within 30 days, it is submitted to the exclusive jurisdiction of the courts of Bahía de Banderas, Nayarit, Mexico.
9.4
Acceptance
By confirming a reservation with Boat and Bay, the Lead Guest accepts these terms in their entirety, on behalf of every guest in the group.
