All charters operate in accordance with applicable Mexican maritime law and the professional judgment of the licensed captain. The operational status of a charter is assessed based on official port status at the scheduled departure time.

 

6.1 Official Port Closure or Government Restriction

If the charter cannot legally operate due to an official port closure or formal restriction issued by the Harbor Master (Capitanía de Puerto) or another competent mexican governmental authority at the scheduled departure time, the Client may choose to:

(a) reschedule to a future available date at no additional cost; or

(b) receive a full refund of payments made, excluding non-refundable third-party processing fees.

 

Temporary closures occurring prior to the scheduled departure time that are lifted before departure do not automatically trigger cancellation.

 

6.2 Unsafe Weather Conditions

If the captain determines that weather or sea conditions are unsafe for navigation — including severe storms, dangerous sea state, or winds exceeding safe operational limits — the charter will not proceed. In such cases, the Client may choose to reschedule at no additional cost or receive a full refund (excluding non-refundable processing fees).

All safety determinations are made solely by the licensed captain in accordance with Mexican maritime regulations.

 

6.3 Unfavorable but Safe Weather

Charters operate in outdoor maritime environments. Light rain, overcast skies, moderate wind, or other conditions that do not prevent safe navigation do not constitute grounds for cancellation.

If the captain and maritime authorities determine that conditions are safe to operate, the charter will proceed as scheduled.

Should a Client choose to cancel or reschedule due to personal weather preference when conditions are safe, the standard cancellation policy in Section 3 applies.

 

6.4 Weather Forecast Disclaimer

Weather forecasts are estimates provided by third-party services and may change at any time. Boat and Bay does not guarantee sunshine, calm seas, water visibility, or wind levels. Differences between forecasted and actual weather conditions are not grounds for cancellation or refund unless the captain determines that conditions are unsafe to operate.

 

6.5 Force Majeure

Boat and Bay shall not be liable for failure or delay in performing charter services when such failure results from 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 actively occurring at the scheduled departure time or within 24 hours immediately prior to departure; and

(c) directly affect Puerto Vallarta or the Banderas Bay maritime zone.

 

Force Majeure Events include, but are not limited to:

• Natural disasters: hurricanes, tropical storms, earthquakes, tsunamis, flooding, landslides, volcanic eruptions, 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 states of emergency

• Official port closures, navigation bans, or maritime restrictions

• Mexican Government-ordered evacuations

• Legally binding travel prohibitions or border closures

• Epidemics or pandemics resulting in legally binding government restrictions

• Major infrastructure failures including marina closures or fuel supply disruptions

 

Force Majeure determinations are based exclusively on formal actions by competent authorities: Mexican federal, state, or municipal authorities; the Harbor Master (Capitanía de Puerto); or Mexican maritime or civil protection authorities. Advisories or warnings from foreign governments (e.g., the U.S. State Department or Government of Canada) do not constitute Force Majeure unless they impose legally binding travel bans or border closures making travel to Mexico legally impossible. Media reports, social media, airline notices, or cruise line advisories do not qualify.

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If a qualifying Force Majeure Event prevents the charter from operating, the Client may choose one of the following:

• Option A – Reschedule: to a future available date without penalty.

• Option B – Charter Credit: equal to the charter value, valid for 12 months and transferable to friends or family.

• Option C – Refund: of payments made, excluding non-refundable processing fees, the USD $45 administration fee, and any operational expenses already incurred. Refunds will be processed within 21 business days of written cancellation confirmation.

 

6.6 Personal Circumstances — Not Considered Force Majeure

The following personal circumstances do not qualify for cancellation, rescheduling, or refund outside the standard cancellation policy:

• Personal illness or medical conditions

• Family emergencies

• Travel anxiety or personal fear of travel

• Passport or visa issues

• Missed, delayed, or cancelled flights

• Cruise ship delays or schedule changes

• Late arrival at the departure location for any reason

• Changes in personal travel plans

• Travel advisories that do not legally prohibit travel

Clients are strongly encouraged to obtain comprehensive travel insurance to cover personal travel disruptions, including flight delays, illness, and other unforeseen personal circumstances.