Terms and Conditions

Article 1. General

1. Unless otherwise defined in these terms and conditions, all terms used will have the following definitions.
   1. Watta-Boat., a user of these general terms and conditions (Bioalimentaria Marina SA de CV). Watta-Boat rents boats.
   2. Renter: each natural person who enters into a contract with Watta-Boat, or who receives an offer that is governed by these general terms and conditions. If the Lessee is a legal person, consult the general terms and conditions for commercial use.
2. These general terms and conditions apply to all Watta-Boat (rental) contracts. The acceptance by the Lessee of an agreement without any comment is presumed as an acceptance of these general terms and conditions.
3. Any deviation from these terms and conditions must be clarified in writing in advance. The applicability of any conditions of the Lessee is expressly rejected. The application of any condition of the Lessee is only possible if the parties agree in writing.
4. If a situation occurs that is not described in these terms and conditions, it will be judged according to the spirit of these general terms and conditions.
5. Watta-Boat may modify these conditions. The modifications will also apply to agreements already concluded. Watta-Boat will announce such changes well in advance. Renter may terminate the agreement as of the date the modified terms become effective, if Renter does not wish to accept such modified terms.

Article 2. General rules

1. Watta-Boat rents boats. The Renter will behave in accordance with these general rules and will always be responsible for compliance by all passengers with all general rules. If the Renter (or a person in the group of the Renter) does not comply with the general rules, Watta-Boat is entitled to terminate the agreement with the Renter with immediate effect. In such case, there will be no right to refund any amount still paid.
2. Watta-Boat has two types of registered users:
   1. Yacht Club Membership (Paid): Renter pays a membership fee and may reserve a dedicated vessel. The hours of navigation will be charged later by direct debit. Check out the article for more information on membership.
   2. Registered User (Free): Through a free account, the charterer can easily charter a boat at regular rates.
   3. Non-members can rent a boat without joining a membership and without registering with the yacht club.
3. Watta-Boat’s general opening hours are stated on the website (www.watta-boat.com) and are subject to change. During these opening hours, the Lessee can rent a boat immediately depending on the availability of the fleet.
4. Watta-Boat reserves the right to apply special rates on any holiday, including but not limited to Mother’s Day, Father’s Day, September 16, Labor Day weekend, Christmas, New Years, Holy Week, Easter, and/or Mexican holidays.
5. A renter must be 21 years of age or older.
6. The boats are suitable to transport up to 8 or 10 people depending on the model.
7. The boats may not be operated under the influence of alcohol and/or drugs.
8. Only the number of passengers allowed by the ship’s safety rules should be carried.
9. It is not allowed to transport goods or passengers in exchange for payment or carry out any other commercial activity, such as professional fishing.
10. The possession, use, transportation or commercialization of drugs or narcotics in the port and in the ocean is prohibited.
11. The renter will not leave the boat unattended while the boat is in use.
12. Navigation rules:
    1. Safety above all, never take risks.
    2. Always stay on the starboard (right) side and maintain such a speed that you don’t get any unnecessary pounding from the waves. Always respect the maximum speed limits.
    3. Commercial shipments (including round-trip ships) always have the right of way.
    4. Make sure others can see which way you’re going. Approach bridges in such a way that you are visible to any oncoming traffic.
    5. You may not operate a boat while under the influence of drugs and/or alcohol, or you may not moor the boat to trees, under or on bridges, and in places where prohibitory signs are posted.
    6. People live on and near the water, please respect their privacy. Make sure you don’t cause any disturbance (noise).
    7. The boats are not prepared to navigate in the open sea, in case of trying, the lessee will have to cover a fine of $100 USD ($2,000 pesos m/n)

Article 3. Membership

1. A Renter who enters into a (paid) Boat Club membership does so for at least twelve calendar months. Membership will automatically renew until canceled for another 12 consecutive months at the end of each term, unless 20 days prior notice is given.
2. Boat Club members can pay their membership fee annually or monthly. Payments with direct debit or Visa always apply.
3. At the beginning of the membership, the Renter will pay a security deposit of $500.00 USD. This deposit will be returned at the end of the membership term, provided the Renter is in good standing and all damages or late fees have been paid.
4. Members have the same liability for damages as regular hourly rentals. The regular rental agreement applies to each rental made by a club member.
5. Please refer to the Watta-Boat Membership Agreement for further details. Members of the yacht club are subject to the usual terms and conditions, in addition to the rules and regulations of the yacht club. The rules and regulations are confidential and are sent only to members. The rules and regulations apply to the extent that they are amended by the club.

Article 4. The rental period: start, extension, end

1. The rental period begins at the previously agreed time. The Renter who is not present at that time to pick up the boat will not be entitled to compensation for adjusting the rental period at a later time.
2. If it is possible to extend the rental period, a text message will be sent to the Renter with instructions approximately 1 hour before the scheduled return. If an extension is possible (Watta-Boat has the right to refuse extensions) the proposed rate (in the text message) applies. Watta-Boat will then extend the rental period to the requested time and charge the credit card on file. If Renter does not receive an offer to extend, the boat is considered unavailable and must be returned as scheduled.
3. In the event that the Lessee does not return the boat in the stipulated time; all overtime will be charged at the regular double hour rate. The renter is also responsible for the reimbursement of all damages suffered by Watta-Boat due to the late return of the boat.
4. The renter will return the boat clean and free of rubbish to Watta-Boat at the end of the rental period. If the boat is returned dirty, the Renter may be required to pay the cleaning fees listed in the signed Watta-Boat Safety Rules and Regulations prior to departure.
5. When the boat is returned, the Lessee must tie the boat correctly on the ropes and carabiners provided.

Article 5. Obligations Watta-Boat and Lessee

1. At the beginning of the rental period, Watta-Boat will ensure that the Lessee has said boat. Watta-Boat will ensure that the boat is in proper condition and that the agreed safety features are available. Watta-Boat’s vessels will be fit for their intended use.
2. Watta-Boat will also ensure that the boat is properly insured (third party, body, theft insurance) for the area in which the boat will be used in accordance with the agreement.
3. The lessee cannot deliver the boat to a third party. The lessee will remain responsible at all times until the boat is moored at the Watta-Boat jetty. If the vessel is, whether activated or not activated, moored/left behind at a location other than the berth, late fees will be assessed at $160 USD per hour or fraction of an hour until the vessel returns to the charter facility. Any other costs will also be charged to the Renter. (Ex. towing and personnel fees)
4. The lessee will comply with all applicable regulations. If the Renter does not know all the navigation rules, he must contact Watta-Boat. It is assumed that the renter has all the necessary skills for safe navigation.
5. The lessee will check before departure if all the necessary safety equipment is on board. If this is not in order, the Renter must contact Watta-Boat before leaving.
6. The lessee will take care of the boat with due diligence and may only use it for purposes appropriate to the nature of the boat. The lessee will not be able to make any adjustments to the boat. Any repairs will be carried out solely by Watta-Boat unless otherwise agreed.
7. The renter will use the boat in accordance with the instructions/instructions provided by Watta-Boat and/or the manuals. The renter will be responsible for all damages resulting from not complying (fully) with the indications/instructions of Watta-Boat and/or the manual.
8. At the end of the rental period, the Renter will deliver the boat to Watta-Boat at the agreed place and time. The boat, including its inventory, will be returned in the same condition it was in at the beginning of the rental period.

Article 6. Credit card and payment

1. Renters authorize Watta-Boat to charge the credit card on file used to rent the boat up to 5 days after the rental period. The renter will pay the agreed rental rate, damages or late fees.
2. A Renter who has a membership with Watta-Boat will pay this amount once at the beginning of the membership. The deposit will be returned to the Renter within 10 business days after the end of the membership. Members pay via direct debit or credit card.
3. Watta-Boat is entitled to retain all or part of the deposit in case of damage or when the Renter does not return the boat to Watta-Boat within the agreed time or in case of extension. The extra and/or excess navigation time will be settled with the deposit in the proportion in which 15-minute blocks of time are used.
4. If the Tenant does not pay any rent owed, it is assumed that the Tenant is in arrears. Watta-Boat may terminate the rental agreement permission and revoke the vessel immediately. Watta-Boat is entitled to collect statutory interest on the amount owed. Any costs incurred by Watta-Boat, both in court and out of court, in the process of obtaining payment from the Renter, will be borne by the Renter.

Article 7. Damages and liability

1. The renter is responsible for any damage to the boat, as well as any damage caused by him or any member of his party to a third party within the rental period.
2. The lessee is fully responsible for all (subsequent) damages that he causes if he uses the vessel outside the agreed navigation area.
3. Unless reduced liability insurance is purchased at the time of booking, the client is fully (100%) responsible for any damage to our boats. Watta-Boat is entitled to have the boats returned to the same state and condition at the expense of the Lessee. Failure to accept or pay for damages by the renter within 30 days means that Watta-Boat reserves the rights to transfer the renter to collections by the local authority. Insurance liability does not apply to club members, club members are always 100% responsible.
4. Watta-Boat is not liable for any (subsequent) personal injury or damage, regardless of the cause of such injury or damage, before, during or as a result of the agreement between Watta-Boat and the Renter, unless it is firmly established that Watta-Boat or its subordinates caused injury or damage with intent or gross negligence. Watta-Boat’s liability is always limited to the maximum amount of the rental agreement.
5. Watta-Boat is not responsible for the loss and/or damage of any item that the Renter takes to the boat.

Article 8. Cancellations

1. A full refund less a $20 USD ($400 pesos M/N) processing fee can be requested for any cancellation request made at least 48 hours prior to your electric boat rental.
2. You can reschedule or request a digital rain test voucher for any cancellation request received between 24 hours and 72 hours prior to your electric boat rental.
3. Same day cancellations will result in a no call/no show. As a result, you lose the opportunity to receive a coupon, reschedule, or refund of any amount.
4. In case of cancellation due to a verifiable medical cause, at Watta-Boat’s discretion, the electric boat rental may be rescheduled, depending on the medical severity, the anticipation of cancellation and the availability of boats and schedules. Watta-Boat will not be obligated to reschedule the cruise, nor to make any refund.
5. A weekday (Monday to friday) electric boat rental can only be rescheduled, if there is rain, for another weekday (Monday to Friday) electric boat rental.
6. All requests must be made online by replying to the confirmation email received when booking your electric boat rental  from info@watta-boat.com and to the phone +52-322-209-9151

Article 9. Force majeure

1. Watta-Boat is not required to perform any obligation if it is prevented from doing so as a result of a circumstance beyond its control and for which it cannot be held liable under law, legal act or generally accepted opinion. Watta-Boat may suspend its contractual obligations during the period of force majeure. If the period of force majeure lasts for more than three months, either party shall have the right to dissolve the contract without being obliged to pay any compensation for damages to the other party. In this case, Watta-Boat will continue to be entitled to demand payment for the services it provided in connection with the performance of the contract before the force majeure circumstances arose.
2. In these general conditions, force majeure is defined, in addition to what is considered as such by law and jurisprudence, as all circumstances, foreseen or unforeseen, which are beyond the control of Watta-Boat but which prevent Watta-Boat from complying with your obligations. That includes fires, strikes, hurricanes, earthquakes, pandemics, in the Watta-Boat business. Watta-Boat is entitled to invoke force majeure if the circumstances that make the (subsequent) performance of the obligations impossible begin after the moment when Watta-Boat should have fulfilled its obligations.

Article 10. Complaints and disputes

1. Any complaint must be communicated to Watta-Boat in writing within a reasonable time.
2. All legal relationships between Watta-Boat and the Renter to which these terms and conditions apply will be governed by the laws of Nayarit and the United States of Mexico. In the absence of mandatory legal regulations that establish otherwise, the court of Nayarit has exclusive competent jurisdiction.

This document is written in its English and Spanish versions and is translated in good faith by the Responsible Party, however, it is understood and accepted that, in case of doubt or controversy regarding its interpretation, the Spanish version will prevail in all cases. .