General Provisions

This Passenger Contract ("Contract") governs all offers for stateroom cruises and associated services provided by IntimaSeas Cruises ("ISC"). These General Terms and Conditions, together with the Booking Confirmation, form the entire agreement between ISC and the Customer ("you" or "Customer"). The Booking Confirmation specifies the Customer’s name, chosen cruise, and selected options. These terms take precedence over all prior documents, discussions, or agreements. By paying the deposit, you acknowledge that you have read, understood, and accepted these General Terms and Conditions and the Booking Confirmation.

Definitions

Defined terms shall have the meanings set forth in the Booking Confirmation or these General Terms and Conditions.
 

1. Quotations, Reservations, and Confirmation

1.1 Quotations: Quotations issued by ISC are indicative and do not constitute a binding offer. ISC does not guarantee stateroom availability or price based on a quotation alone.
1.2 Reservation Process: Upon accepting a quotation, you will receive the Booking Confirmation, which, together with these General Terms, constitutes ISC’s offer. The reservation is confirmed only upon receipt of the deposit within the period specified in the Quotation (default: 5 calendar days). If the deposit is not paid within this period, the offer lapses, and ISC cannot guarantee stateroom availability, pricing, or options.
1.3 Confirmation: Upon deposit payment, you will receive a Booking Confirmation, forming part of the Contract. These General Terms apply automatically and are accepted by you upon deposit payment.
 

2. Formation and Entry into Force

The Contract is formed and effective when:

• You accept the Booking Confirmation and these General Terms, deemed accepted upon deposit payment.

• ISC receives the deposit.
   

3. Description of Vessel, Stateroom, and Services

3.1 Vessel and Stateroom: The vessel and stateroom are as described in the Booking Confirmation. The term "Vessel" includes the boat, its accessories, and equipment.
3.2 Vessel Specifications: Cruises are typically operated on 46 to 62-foot yachts with a capacity of up to 12 passengers (including children). If a smaller vessel is used, passenger capacity will be adjusted. Vessels are designed for close-to-nature cruising, offering a level of comfort distinct from large cruise liners, which you acknowledge.
3.3 Stateroom Amenities:

• Each premium stateroom includes a private en-suite bathroom with a washbasin, shower (hot/cold water), and mechanical or electric toilet.

• Standard staterooms may share common bathrooms.

• ISC provides one set of sheets and towels per stateroom.

• Storage is limited; soft bags are recommended over suitcases. Bags must be clean to prevent contamination.

• Only common areas are cleaned by the crew; staterooms and private bathrooms are not cleaned during the cruise.
  3.4 Air Conditioning: If the vessel has air conditioning, standard operating hours are 8:00 AM to 10:00 PM to minimize generator noise. Operation outside these hours requires written consent from all passengers. You waive claims related to noise from air conditioning or generators if you agree to extended hours.
  3.5 Stateroom Categories: Some vessels offer standard and superior staterooms, with pricing based on destination and cruise duration. Specific stateroom assignments are not guaranteed, but the stateroom category is. Specific stateroom requests must be submitted in writing, subject to ISC’s discretion.
  3.6 Cruise Duration: The first and last days are typically shorter, with no refunds for partial days.
  3.7 Onboard Services:

• Prices exclude sports equipment rentals (not onboard), personal expenses (e.g., meals/drinks ashore, Wi-Fi, telephone services), and optional crew gratuity.

• Vessels include a variety of water toys, including sea scooter, paddle board, kayak, snorkelling equipment and more. However, we can not make any guarantees that the equipment you prefer will be available, and no refunds are issued if water toys are unavailable or become unusable. We recommend that you bring your own snorkel masks as the onboard masks may not be available or may not fit correctly, and are shared by all guests. Games, media, or entertainment systems provided onboard are not guaranteed.
  3.8 Catering:

• Catering options vary by destination as outlined in the Booking Confirmation. Filtered water and all onboard nonalcoholic beverages, including tea and coffee, are provided free of charge. One glass of wine or beer is included with dinner at no cost. If the premium drink package is purchased, unlimited alcoholic beverages on board are also provided free of charge. Passengers are permitted to bring their own drinks, including alcoholic beverages, onboard. However, the captain reserves the right to limit alcohol consumption for any passenger if deemed necessary for the safety and security of passengers or the vessel. Please notify ISC of any food allergies or dietary requirements at least one week prior to embarkation; a supplement may apply for special diets. Additional beverages may be purchased ashore or onboard at the listed prices.

• The crew will make best efforts to accommodate dietary restrictions. However, the yacht has only one small kitchen and so we can not make any guarantee that there will not be cross-contamination.

• Food and drinks may be limited access during sailing and while the crew is resting.
  3.9 Shore Excursions and Extra Packages:

• Shore excursions and extra packages (e.g., transfers, special activities) are available at additional cost, subject to availability, weather, mechanical issues, or other operational constraints. A minimum number of participants may be required.

• If excursions or packages are unavailable, ISC will attempt to provide comparable alternatives at no extra cost. If no alternative is available, ISC will refund the full amount paid for the unavailable service.

• ISC is not liable for third-party services (e.g., excursions operated by independent providers). Where liability cannot be excluded under applicable law, it is limited to the amount paid for the specific service.

• You acknowledge that excursions and packages are subject to cancellation or modification due to weather, mechanical failure, or other factors beyond ISC’s control, with refunds as the sole remedy.
  3.10 Airport Transfers: Transfers to/from the airport can be arranged at additional cost with sufficient notice and flight details.
  3.11 Late Boarding: If you arrive late, you may board the vessel up to 24 hours after scheduled departure. You are responsible for arranging and paying for your own transfer to the vessel (e.g., water taxi). ISC will assist in finding transfer options but assumes no liability for their availability, cost, or any related delays or issues.
   

4. Prices and Taxes

4.1 Pricing: Prices are fixed in the currency specified in the Booking Confirmation and remain firm during the offer period. Prices may change if the offer lapses.
4.2 Destination Fees: In addition to the cruise price, destination fees apply, covering:

• Customs taxes (for the vessel).

• National park and mooring fees.

• Tourist taxes and island landing fees.

• Refills for water, fuel, gas, and fresh products.

• Miscellaneous expenses (e.g., replacing broken items, lost fishing gear).
  4.3 Adjustment of Destination Fees: ISC reserves the right to increase destination fees if a regulatory or governing body imposes increased taxes or fees on ISC between the date of this Contract and the departure date. Any such additional costs will be passed on to the Customer, and you agree to pay these amounts as invoiced by ISC. ISC will provide documentation of the increased taxes or fees upon request.
  4.4 Taxes: Prices include applicable VAT and taxes listed in the Booking Confirmation. Local taxes may be payable on arrival to the Country; check with your embassy.
  4.5 Compliance with Tax Laws: ISC complies with EU and US tax regulations, including VAT obligations under EU Directive 2006/112/EC and US federal tax requirements, ensuring transparency in pricing.
   

5. Payment Terms

5.1 Payment Schedule: The deposit and balance are due as specified in the Booking Confirmation. The deposit is non-refundable.
5.2 Non-Payment: Failure to pay any amount by the due date may result in cancellation of the reservation without penalty to ISC or the need for prior notice.
5.3 Last-Minute Options: Additional options added during the cruise may incur a supplement.
 

6. Cancellation, Modification, and Flexible Booking

6.1 Cancellation by Customer: Cancellations incur the following fees:

• 90+ days before departure: 30% of stateroom price (excluding options; options refunded).

• 89–60 days before departure: 50% of stateroom price (excluding options; options refunded).

• 59–30 days before departure: 75% of stateroom price (excluding options; options refunded).

• Less than 30 days before departure: 100% of stateroom price (options are not refunded if cancelled 7 days or less, or for no-shows).

• No-show (including delays not caused by ISC-arranged transfers): Treated as cancellation less than 30 days; full amount forfeited, except as provided in 3.11 for late boarding.

• Refunds, if applicable, will be processed within 30 days of cancellation notice.
  6.2 Date Changes (Standard Booking): You may change the cruise date up to 90 days before departure to any available date by paying the cost difference (if any) plus a $250 per guest fee.
  6.3 Flexible Booking Option: If a flexible booking package is purchased:

• Up to 61 days before departure: Change to any available date with no fee, only the cost difference (if any).

• 60–31 days before departure: Change to any available date by paying the cost difference (if any) plus a $250 per guest fee.

• Less than 31 days: Standard cancellation policies apply (see 6.1).
  6.4 Modifications: Changes to dates or vessels are subject to rates at the time of the change.
  6.5 Consumer Protections: In compliance with EU Directive 2015/2302 (Package Travel Directive) and US consumer protection laws, you are entitled to clear information on cancellation and modification terms. Refunds for cancellations due to unavoidable and extraordinary circumstances (e.g., natural disasters) may be offered in accordance with applicable law.
   

7. Pre-Boarding Formalities

7.1 Boarding Requirements: Boarding is permitted only if:

• The Contract is agreed.

• All payments are received.

• A safety briefing and confirmation that the guest will not bring any illegal or harmful substance or weapon onboard must be signed.

• Passenger details (names, ID numbers, Passports, dates of birth) are provided.

• Required local documents are submitted.

• Failure to meet boarding requirements will be treated as a no-show.
  7.2 Animals: No animals are permitted onboard.
  7.3 Age Restrictions: Minimum age is 6 years. Children are the sole responsibility of the Customer for safety, conduct, and entertainment.
  7.4 Accessibility: Customers with disabilities must provide detailed requirements at booking to ensure safety and suitability. ISC complies with EU Regulation 1177/2010 and US ADA requirements, where applicable, to accommodate passengers with reduced mobility.
  7.5 Swimming Ability: All passengers are presumed to swim competently in rough seas. Non-swimmers or weak swimmers must inform the skipper before boarding; special safety measures or activity restrictions may apply.
  7.6 Vessel Substitution: ISC may assign a comparable vessel with similar size, comfort, and facilities at its discretion.
  7.7 Vessel Unavailability: If the vessel is unavailable (except due to Force Majeure):

• Delay departure while maintaining cruise duration, if possible.

• Refund pro rata for unavailable days.
   

8. ISC Warranties and Procedures

8.1 Vessel Compliance: ISC warrants that the vessel complies with flag state laws and regulations in the cruising area, including charter, documentation, and customs requirements, ensuring seaworthiness.
8.2 Crew: ISC provides a competent skipper (for navigation and safety) and hostess/steward (for meal preparation and cleaning common areas). Crew duties do not include porter services, childcare, or stateroom cleaning.
8.3 Issue Reporting: Report issues to the skipper or manager@intimaseascruises.com during the cruise. ISC will attempt to resolve them. Unreported issues cannot be claimed after the cruise. Post-cruise claims must be submitted within 10 days of the return date, in writing.
8.4 Service Unavailability: If excursions or extra packages are unavailable, ISC will seek comparable alternatives at no extra cost. If unavailable, a full refund for the affected service will be issued. This does not apply to customer-initiated cancellations.
8.5 Itinerary Changes: The skipper maintains the right to modify the itinerary due to weather, operational constraints, or safety concerns. You accept these risks and waive claims related to itinerary changes or discomfort due to adverse weather.
8.6 Legal Compliance: ISC complies with EU Regulation 1177/2010 (passenger rights) and US maritime laws, ensuring fair treatment and clear communication.
 

9. Customer Responsibilities

9.1 Check-In: At check-in, verify that the stateroom and equipment meet standards. Acceptance confirms that ISC’s obligations are met.
9.2 Personal Belongings: You are responsible for all personal items. ISC recommends waterproof covers for electronics and advises against bringing valuables or cash. No safes are provided, and ISC is not liable for theft, loss, or damage.
9.3 Accompanying Persons: You are responsible for all accompanying persons’ compliance with this Contract and crew instructions, especially for children.
9.4 Regulatory Compliance: You must comply with local regulations (e.g., marine parks, fishing restrictions) and indemnify ISC against claims arising from non-compliance. Illegal activities (e.g., drug trafficking, prostitution, violence) are prohibited, and violators will be disembarked without refund.
9.5 Toilet Use: Improper use of vessel toilets (e.g., disposing of non-permitted items) may render them unusable, and you will be liable for repair costs.
9.6 Non-Utilised Services: No refunds are provided for unused services or early cruise termination by the Customer.

9.10 Termination: The captain reserves the right to disembark any passenger at any time if they deem it necessary for the safety or security of the other passengers or the vessel.
 

10. Insurance

10.1 Vessel Insurance: ISC maintains a minimum $1 million liability policy covering passenger protection and civil liabilities.
10.2 Exclusions: The following are not covered:

• Theft or loss of personal effects.

• Accidents not caused by ISC’s fault.

• Damage from intentional acts by you or accompanying persons.

• Violations of Contract or crew instructions.
  10.3 Travel Insurance: You are encouraged to obtain travel insurance for cancellations, personal losses, or uncovered risks. Contact ISC for guidance.
   

11. Force Majeure

11.1 Definition: ISC is not liable for non-performance due to Force Majeure events, including but not limited to governmental actions, war, terrorism, natural disasters, epidemics, or transport disruptions.
11.2 Consequences: If a Force Majeure event prevents the cruise:

• Payments will be credited toward a future cruise.

• ISC will propose alternative dates or locations based on your preferences.

• ISC is not responsible for additional costs incurred by you.
  11.3 Legal Compliance: Force Majeure provisions align with EU Directive 2015/2302 and US contract law principles.
   

12. Limitation of Liability

12.1 General Limitation: ISC’s liability is limited to gross negligence, as permitted by EU and US law.
12.2 Insurance Cap: Liability is capped at amounts reimbursed by ISC’s insurance policy (Article 10).
12.3 Maximum Liability: For all non-insured claims, ISC’s liability is limited to the cruise price paid.
12.4 Consequential Damages: ISC is not liable for any indirect or consequential damages.
12.5 Third-Party Services: ISC is not liable for any third-party services (e.g., excursions, water taxis for late boarding). Where liability cannot be excluded, it is limited to the amount paid for the service, in compliance with EU and US consumer protection laws.
 

13. Compliance with Laws and Personal Data

13.1 Applicable Laws: Both parties must comply with all applicable laws, including anti-corruption, customs, and environmental regulations.
13.2 Sanctions: Both parties warrant compliance with US, EU, UN, and UK sanctions laws, ensuring neither party is a "Blocked Person" or "Specially Designated National." Notify ISC immediately if listed.
13.3 Personal Data: Under GDPR (EU Regulation 2016/679) and US privacy laws, you have rights to access, correct, delete, or object to the processing of your personal data. Contact contact@intimaseas.com to exercise these rights. ISC processes data only as necessary for the Contract and in compliance with applicable laws.
 

14. Governing Law and Dispute Resolution

14.1 Governing Law: The Contract is governed by US law, subject to mandatory consumer protections under EU Directive 2015/2302 and US law where applicable.
14.2 Dispute Resolution:

• Notify the other party of disputes in writing by email, with acknowledgement of receipt. 

• All disputes must include the guest name(s), booking confirmation or invoice number, date the dispute arose, and details of the dispute to be considered a dispute.

• Parties will then attempt amicable resolution within 60 days.

• If unresolved, disputes fall under the exclusive jurisdiction of the courts in Delaware, USA, unless EU or US consumer laws mandate otherwise.
  14.3 Consumer Rights: EU passengers may access alternative dispute resolution under Regulation 524/2013. US passengers may seek remedies under applicable state or federal consumer laws.
   

15. Miscellaneous

15.1 Entire Agreement: This Contract and the Booking Confirmation constitute the entire agreement, superseding any prior commitments.
15.2 Partial Invalidity: If any provision is invalid, it will be modified or severed without affecting the remaining provisions.
15.3 Assignment: ISC may assign or subcontract its obligations without your prior consent.
15.4 Communication: Routine communications occur via email, text, or phone. Disputes require notification in writing by email. Contact manager@intimaseascruises.com for inquiries.
15.5 Marketing: ISC may use images of the vessel during the voyage for promotional purposes. Images of your likeness will be removed unless you provide consent to use your likeness.

16. Acceptance

By paying the deposit, you confirm that you have read, understood, and accept this contract, the Terms and Conditions and the Booking Confirmation. ISC accepts these terms by issuing the offer.