These Terms of Use (“Terms”) govern your access to and use of The XFlats’ website, booking services, and related offerings (collectively, the “Services”). By accessing or using the Services, you agree to these Terms.
1) Eligibility & Account
- You must be at least 18 years old (or the age of majority in your jurisdiction) to book with us.
- If you create an account, you are responsible for maintaining its security and for all activity under it.
2) Bookings, Payments & Cancellations
- Reservations. A reservation is confirmed only when you receive a written confirmation from us or our booking platform. We may use third-party providers to process bookings and payments.
- Deposits & Balances. Deposits, payment schedules, due dates, accepted payment methods, taxes, and fees are shown at checkout and/or in your confirmation. Balances must be paid by the stated due date or the reservation may be cancelled.
- Currency. Charges may be shown and processed in [USD/MXN]. Your bank may assess conversion or international fees.
- Cancellations/No-Shows. Our cancellation and refund terms are stated on the checkout page and/or confirmation. No-shows and late arrivals are treated per that policy.
- Changes. Itineraries may require adjustments due to weather, safety, government regulations, guide availability, or other circumstances. We’ll make reasonable efforts to offer alternatives.
- Insurance. We strongly recommend comprehensive travel/medical/evacuation insurance that covers fishing trips, weather disruptions, and cancellations.
3) Activity Risks & Guest Responsibilities
- Assumption of Risk. Flats fishing and related activities involve inherent risks, including but not limited to slips/falls, boats, sun/heat exposure, wildlife, weather, ocean conditions, and remote-area logistics. By participating, you voluntarily assume these risks for yourself and your party.
- Health & Fitness. You are responsible for ensuring you are fit to participate and for bringing any required medications. Inform us of relevant conditions in advance.
- Compliance. Guests must follow guide instructions and all local laws/regulations (e.g., protected species, licenses, catch-and-release rules, marine areas).
- Third-Party Providers. Transportation (including van transfers), guiding services, equipment rentals, and excursions may be operated by independent third parties. We are not liable for acts/omissions of independent providers.
4) Property Rules
Respect quiet hours, staff instructions, and other guests’ privacy. Smoking policies, alcohol rules, gear cleaning protocols, and check-in/out times are provided in your confirmation/on-site. We may charge for damage, excessive cleaning, or rule violations.
5) Intellectual Property
The Services and all content (text, images, video, logos, and marks) are owned by us or our licensors and protected by law. You may not copy, distribute, modify, or create derivative works without prior written consent.
6) User Content (Photos/Reviews)
If you submit photos, reviews, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for marketing and operational purposes, subject to any written opt-out you provide. You represent you have the necessary rights to grant this license.
7) Prohibited Uses
You agree not to: (a) use the Services for any unlawful purpose; (b) scrape, harvest, or reverse engineer; (c) upload malware; (d) infringe intellectual property; or (e) interfere with security or normal operations.
8) Privacy
Our Privacy Policy explains how we collect and use personal information. By using the Services, you consent to our data practices as described there.
9) Disclaimers
THE SERVICES AND ANY INFORMATION PROVIDED ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fishing conditions are variable; no specific outcomes are guaranteed.
10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE XFLATS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY AMOUNT EXCEEDING THE TOTAL FEES YOU PAID TO US FOR THE BOOKING GIVING RISE TO THE CLAIM.
11) Indemnification
You agree to indemnify and hold The XFlats harmless from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, participation in activities, or breach of these Terms.
12) Governing Law & Disputes
These Terms are governed by the laws of [Choose one: the State of Quintana Roo, Mexico / the State of Colorado, USA], without regard to conflict-of-law rules.
Venue/Arbitration (choose one and delete the other):
- Courts: Exclusive jurisdiction and venue lie in the courts of [Chetumal, Quintana Roo / Boulder County, Colorado].
- Arbitration: Any dispute shall be resolved by binding arbitration under [Rules and Forum], with seat in [Location], and judgment may be entered on the award in any court of competent jurisdiction.
13) Changes to the Services & Terms
We may modify the Services and these Terms at any time. Changes are effective upon posting. Your continued use constitutes acceptance.
14) Miscellaneous
If any provision is unenforceable, the remainder remains in effect. We may assign these Terms. You may not assign them without our prior written consent. These Terms constitute the entire agreement regarding the Services.
