Last Updated: July 11, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legal agreement between you ("Charter Guest" or "you") and Cayinfoaz ("Company," "we," "us," or "our") regarding your use of our yacht charter services. By booking our services, you agree to be bound by these Terms.
2. Booking and Reservations
2.1 Booking Process
- All charter bookings must be confirmed in writing
- A signed charter agreement and deposit are required to secure your booking
- Bookings are subject to vessel availability and crew scheduling
- We reserve the right to refuse service at our discretion
2.2 Charter Agreement
Your charter booking will be governed by a separate Charter Agreement containing specific terms for your voyage. These Terms supplement that agreement.
3. Payment Terms
3.1 Deposit and Final Payment
- A 50% deposit is required at booking to secure your charter
- Final payment is due 30 days before your charter date
- Payment can be made by bank transfer, certified check, or approved credit card
- Late payments may result in charter cancellation without refund
3.2 Additional Charges
The charter fee includes vessel use, captain, crew, fuel for standard itineraries, and basic amenities. Additional charges may apply for:
- Extended range cruising beyond standard fuel allowance
- Catering and beverage services
- Special equipment or arrangements
- Dock fees at destination marinas
- Gratuities for crew (recommended 15-20% of charter fee)
4. Cancellation and Refund Policy
4.1 Guest Cancellation
- More than 60 days before charter: Full refund minus 10% processing fee
- 30-60 days before charter: 50% refund
- 14-30 days before charter: 25% refund
- Less than 14 days before charter: No refund
4.2 Weather Cancellation
If weather conditions are deemed unsafe by the Captain, we will offer:
- Rescheduling to an available date within 12 months
- Full refund if rescheduling is not possible
- Partial charter if conditions improve during the day
4.3 Company Cancellation
If we must cancel due to mechanical issues or other circumstances beyond our control, you will receive a full refund or the option to reschedule.
5. Safety and Conduct
5.1 Captain's Authority
- The Captain has absolute authority regarding vessel operation and safety
- The Captain may terminate the charter for safety violations or misconduct
- No refund will be provided for charter termination due to guest misconduct
5.2 Guest Responsibilities
- Follow all safety instructions and crew directions
- Wear provided safety equipment when required
- Report any medical conditions that may affect safety
- Remain sober and refrain from excessive alcohol consumption
- Supervise children at all times while aboard
- Respect vessel property and other guests
5.3 Prohibited Activities
The following activities are strictly prohibited:
- Illegal drug use or possession
- Reckless behavior that endangers safety
- Damage to vessel property
- Harassment of crew or other guests
- Smoking below deck (designated smoking areas only)
6. Liability and Insurance
6.1 Limitation of Liability
To the maximum extent permitted by law, Cayinfoaz's liability is limited to the charter fee paid. We are not liable for:
- Personal injury or death (except where caused by our negligence)
- Loss or damage to personal property
- Consequential or indirect damages
- Weather-related itinerary changes
- Wildlife viewing disappointments
6.2 Guest Liability
Guests are responsible for:
- Any damage caused to the vessel or equipment
- Costs arising from misconduct or rule violations
- Additional expenses resulting from itinerary changes due to guest requests
6.3 Insurance Requirements
We strongly recommend that all guests obtain travel insurance covering:
- Trip cancellation and interruption
- Medical emergencies and evacuation
- Personal property loss
7. Vessel and Equipment
7.1 Vessel Condition
- All vessels are maintained to Transport Canada standards
- Regular safety inspections are conducted
- Equipment substitutions may occur without notice
- Mechanical issues may require itinerary modifications
7.2 Personal Property
- Guests bring personal property at their own risk
- Secure storage is limited; pack accordingly
- We are not responsible for lost, stolen, or damaged items
- Valuable items should not be brought aboard
8. Itinerary and Services
8.1 Itinerary Changes
Itineraries are subject to change due to:
- Weather and sea conditions
- Port restrictions or closures
- Safety considerations
- Mechanical requirements
- Government regulations
8.2 Wildlife Viewing
- Wildlife sightings cannot be guaranteed
- We follow responsible wildlife viewing practices
- Minimum distances from marine mammals are maintained
- No refunds for lack of wildlife encounters
9. Health and Medical
9.1 Medical Conditions
- Guests must disclose relevant medical conditions
- Medications should be brought in sufficient quantities
- Medical facilities may be distant in remote areas
- Medical evacuations are at guest expense
9.2 Pregnancy and Age Restrictions
- Pregnant guests should consult their physician before booking
- Certain activities may not be suitable for all ages
- Children must be supervised at all times
- Life jacket requirements apply to all guests
10. Environmental Responsibility
We are committed to environmental stewardship and require all guests to:
- Follow Leave No Trace principles
- Respect marine protected areas
- Avoid disturbing wildlife or habitats
- Dispose of waste properly
- Support sustainable tourism practices
11. Google Ads and Marketing Compliance
Our marketing and advertising practices comply with all applicable regulations, including:
- Google Ads policies and guidelines
- Canadian advertising standards
- Truth in advertising principles
- Consumer protection regulations
12. Privacy and Data
Guest information is handled according to our Privacy Policy. By booking with us, you consent to:
- Collection of necessary personal information
- Use of data for charter operations and safety
- Sharing with authorities as required by law
- Marketing communications (with opt-out options)
13. Force Majeure
We are not liable for delays or cancellations due to circumstances beyond our control, including:
- Natural disasters or severe weather
- Government actions or regulations
- Labor strikes or disputes
- Pandemic or health emergencies
- Acts of terrorism or war
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of British Columbia, Canada. Any disputes will be resolved in the courts of British Columbia.
14.2 Mediation
Before pursuing legal action, parties agree to attempt resolution through mediation.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with your Charter Agreement, constitute the entire agreement between parties.
15.2 Modifications
Terms may be updated periodically. Significant changes will be communicated to booked guests.
15.3 Severability
If any provision is deemed invalid, the remaining Terms continue in effect.
15.4 Assignment
Charter bookings are non-transferable without written consent.
16. Contact Information
For questions about these Terms or your charter, contact us at:
Acknowledgment
By booking a charter with Cayinfoaz, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that yacht charters involve inherent risks and that you participate voluntarily and at your own risk.