GENERAL TERMS AND CONDITIONS FOR A DARING ADVENTURE OR NOTHING

I. Terms and definitions:

NautiK AdvenTours: NautiK AdvenTours S.A de C.V, a partnership duly incorporated under the laws of the United Mexican States with fiscal domicile in Cda. Contoy Smza. 19 Mza. 2 lote 43, Cancun Quintana Roo, C.P. 77500, RFC GNA131201NJA, telephone number and email: [email protected]

Activities: Any of the Activities carried out by NautiK AdvenTourS for the purpose of tourism, entertaining or instructing the participants.

Premises: The docks, boats and offices used by NautiK AdvenTours.

Participant: Any physical person taking part in the Activities.

Prospective participant: Any physical person who is interested in taking part in the Activities but has not yet fulfilled the requirements to do so.

Tour program: Set of activities taking place on board our boats in which the participant is allowed to enjoy the available boat for each activity and receive emergency and information instructions.

Enjoy the Ride: An Activity where the participants go on board in a boat vehicle designated by NautiK AdvenTours, to a designated tour, where the participant is not allowed to drive. But is allowed to enjoy the installations of the boat and the ride along.

Nautical Sports: An Activity where the participants go on board in a boat vehicle designated by NautiK AdvenTours, to a designated tour, where the participant is not allowed to drive. But is allowed to enjoy the installations of the boat, the ride along and the instructions of the ski instructor for the teachings of the following nautical sports: skis, slalom, wakeboard, wakesurf, wakeskate, etc… Under his own consent of physical and mental performance and under the lease of responsibilities.

Enjoy the Fish Ride: An Activity where the participants go on board in a boat vehicle designated by NautiK AdvenTours, to a designated tour, where the participant is not allowed to drive. But is allowed to enjoy the installations of the boat, the ride along and the fishing trip where the participant will be able to fight for a fish catch depending the season which breed of fish will be available. Under his own consent of physical and mental performance and under the lease of responsibilities.

Coupon: Means a specific document individually numbered, purchased or legally obtained (e.g. as the part of the promotional campaign, etcetera) by the Prospective participant, such Coupon entitles the Prospective participant to take part in the respective Activity after meeting certain conditions, the validity of the Coupon shall be 3 (three) months since the date of its purchase; other Coupons may contain a different validity period.

Agency: Any physical or legal person duly authorized by NautiK AdvenTours to sell Coupons and/or to make reservations for Prospective participants.

Adverse weather conditions: Any weather condition which may affect the safety of the Participant during the Activity.

II. General Conditions:

All participants must: Sign the Release and Waiver of Liability before taking part in any Activity; in the case of participants who are younger than 18 years in the various tour programs, such waiver must be signed by its representative, e.g. parents; and be physically and psychologically fit to perform the selected Activities.

Any participant of the Enjoy the Ride Tour Program must fulfill the following conditions:
Drinking legal age is at least 18 years old.
The Participant is obliged to strictly follow the safety rules given by NautiK AdvenTours and its staff, including the use of life vest and other security equipment.
NautiK AdvenTours has the right to cancel or suspend the Activity of the Participant if any safety condition is not met or if the Participant breaches the instructions, in such case the Participant will not be entitled to any reimbursement of the Payment.
The participant agrees that he may not take part in any Activity if he is under the influence of alcohol or any other drug; if deemed necessary by the staff of NautiK AdvenTours, the Participant also agrees to submit to a test for the presence of such substances performed by NautiK AdvenTours, if there is any reasonable suspicion of violation to this provision based on the results of the test, NautiK AdvenTours will have the right to cancel or suspend the Activity without the Participant’s right to any reimbursement.

Any participant of the Nautical Sports Tour Program must fulfill the following conditions:
Drinking legal age is at least 18 years old.
The Participant is obliged to strictly follow the safety rules given by NautiK AdvenTours and its staff, including the use of life vest and other security equipment.
NautiK AdvenTours has the right to cancel or suspend the Activity of the Participant if any safety condition is not met or if the Participant breaches the instructions, in such case the Participant will not be entitled to any reimbursement of the Payment.
The participant agrees that he may not take part in any Activity if he is under the influence of alcohol or any other drug; if deemed necessary by the staff of NautiK AdvenTours, the Participant also agrees to submit to a test for the presence of such substances performed by NautiK AdvenTours, if there is any reasonable suspicion of violation to this provision based on the results of the test, NautiK AdvenTours will have the right to cancel or suspend the Activity without the Participant’s right to any reimbursement.
Be responsible of its own physical conditions and aptitudes for the practice of sports that demand a good physical shape.

Any participant of the Enjoy the Fish Ride Tour Program must fulfill the following conditions:
Drinking legal age is at least 18 years old.
The Participant is obliged to strictly follow the safety rules given by NautiK AdvenTours and its staff, including the use of life vest and other security equipment.
NautiK AdvenTours has the right to cancel or suspend the Activity of the Participant if any safety condition is not met or if the Participant breaches the instructions, in such case the Participant will not be entitled to any reimbursement of the Payment.
The participant agrees that he may not take part in any Activity if he is under the influence of alcohol or any other drug; if deemed necessary by the staff of NautiK AdvenTours, the Participant also agrees to submit to a test for the presence of such substances performed by NautiK AdvenTours, if there is any reasonable suspicion of violation to this provision based on the results of the test, NautiK AdvenTours will have the right to cancel or suspend the Activity without the Participant’s right to any reimbursement.
Be responsible of its own physical condition and aptitudes for practice the fishing sport, which demands good physical shape

III. Reservations orders and Payments

The Participant may take part in the Activities with or without a reservation.
A reservation can be made by the Prospective participant or by the Agency on behalf of the Participant, either online or by telephone, in cash or by credit card.

The charge for each Activity will be done as follows:
Online reservations will be charged immediately to a credit card by means of the NautiK AdvenTours reservation system, the amount due will be the total price for the Activity, a confirmation will be sent to the Prospective participant by email once the charge has been approved, the Prospective participant must print and show the confirmation at the selected time;
In case the reservation is made by the Agency on behalf of the Prospective participant, such reservation will be valid upon confirmation by NautiK AdvenTours;
The confirmed reservation is not cancellable or refundable. The reservation can be changed with additional charges of 30% of the price of the respective Activity until 24 hours prior to the reserved date and time, after such time, the reservation may not be changed and if the Participant does not use the reservation, i.e. does not take part in the Activity, from any reason, he is not entitled to any reimbursement.
NautiK AdvenTours reserves the right to change the date and time of any reserved Activity depending on availability, with or without prior notice depending on the conditions, in such situation section IV.4 of this contract shall apply.
The Participant will be allowed to take part in the Activity only after paying the price of the service or presenting a valid Coupon.

IV. Miscellaneous

Any Activity may be canceled by NautiK AdvenTours due to adverse weather conditions or force majeure, the final decision regarding the suitability of the weather conditions vest at NautiK AdvenTours. The case of force majeure shall be defined as any such occasion beyond the control of NautiK AdvenTours which would prevent NautiK AdvenTourS from providing the Activity.

In case the Activity has to be suspended due to adverse weather conditions or due to force majeure, NautiK AdvenTours will induce all possible efforts to enable the Participant to complete his Activity later in the same day; in case such completion would not be possible due to lack of time, or continuing adverse weather conditions or force majeure, art. IV. sec. 4 shall apply.
In case the Participant does not show at the venue of the Activity within 15 minutes after the intended start of the Activity stated in the confirmation of the reservation order, such reservation will be considered as cancelled whereas the Participant is not entitled to any compensation of the payment.

In case that:
NautiK AdvenTours is not able to provide the Activity due to adverse weather conditions or force majeure;
The situation described in art III.5 of this contract arises; or The situation described in art IV.2 of this contract arises.
NautiK AdvenTours will offer the Participant an alternate date and time for taking part in the respective Activity; such alternate date will be within 2 (two) days from the original date. If the Participant refuses such alternate date NautiK AdvenTours will refund the full price paid for the Activity (except in the case of Coupons); if the participant has purchased a valid Coupon from any agency different from NautiK AdvenTours he may only seek refund from that Agency.
The Participant is not entitled to any discount or rebate due to delay or timing of the Activity.
NautiK AdvenTours is in no case responsible for the travel expenses of the Perspective participant or Participant.

The Participant hereby grants to NautiK AdvenTours the right in the full extent without territorial and time limitation to use his name, voice, photographs, videos and other records of the Participant created during Participant’s taking Activity for business and commercial uses of NautiK AdvenTours. At the same time the Participant waives his right to any possible remuneration for granting such rights to NautiK AdvenTours. NautiK AdvenTours has right to grant the license for such use to the third party, in full or partial extent.
NautiK AdvenTours will assume any damages incurred to the watersport articles, however the Participant will have to cover the deductible amount of $50 Usd. (Fifty American dollars). Such liability does not cover the damages caused by the Participant’s intentional or careless conduct and/ or gross negligence and/ or refusal to comply with the instruction of the staff of NautiK AdvenTours, the Participant will be fully responsible for such damages.

V. Final Provisions

Any clarification, complaint or suggestion regarding the services described in this contract, may be done on working days at the docks or in the fiscal domicile of NautiK AdvenTours, within 9:00 am and 2:00 pm.
This Agreement shall be governed by the laws of the State of Quintana Roo, Mexico. In the event of any controversy, the Participant submits to the Jurisdiction of the local courts of the State of Quintana Roo, Mexico, understanding that the Federal Consumers Burou of Mexico may be competent in the administrative field to solve any controversy derived from the interpretation or execution of this Agreement; the Participant expressly waives the forum of any other court or jurisdiction to which he/she may be entitled for reason of present or future domiciles or any other cause.