TERMS & CONDITIONS – BORA VIDA

1. WEBSITE USE & GENERAL TERMS

1.1. Introduction

Bora Vida (“Bora Vida,” “we,” “our,” or “us”) provides this website, available to visitors worldwide. By accessing or using our Website, you agree to these Terms & Conditions. If you do not agree, please discontinue use. These Terms may be updated at any time, and continued use constitutes acceptance of any modifications.

1.2. Ownership & Use of Content

All content on our Website, including text, images, branding, and information (“Bora Vida Information”), is our exclusive property. You may not download, reproduce, or distribute this content for commercial use without prior written consent.

1.3. Prohibited Activities

You may not:

• Interfere with the proper functioning of the Website.
• Use bots, scraping tools, or automated systems to extract data.
• Introduce malware, viruses, or other harmful software.
• Use the Website for illegal, defamatory, or inappropriate purposes.

We reserve the right to revoke access if these terms are violated.

1.4. Reservations & Account Security

• You may only make legitimate reservations for personal use. Fraudulent or speculative bookings are prohibited.
• If provided with an account, you are responsible for maintaining the security of your credentials. We may terminate accounts if misuse is detected.

1.5. Disclaimers & Limitation of Liability

• Our Website and Bora Vida Information are provided “as is” without warranties of any kind.
• We do not guarantee uninterrupted or error-free service.
• We are not liable for losses, damages, or disruptions resulting from Website use.
• You are responsible for implementing security measures on your devices.

1.6. Accuracy of Information

While we strive for accuracy, our Website may contain errors, including pricing or availability issues. We reserve the right to correct such errors, even after a transaction has been confirmed.

1.7. Third-Party Links & Services

Our Website may contain links to third-party sites, including travel partners. We are not responsible for their terms, policies, or content.

1.8. Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of Spain. Any disputes shall be settled in the courts of Oviedo, Spain. By using our Website, you waive the right to a jury trial or participation in a class action lawsuit.

1.9. Privacy Policy

For details on how we process your personal data, please review our Privacy Policy.

2. TERMS AND CONDITIONS WHILE BOOKING A TRIP 

PLEASE READ THESE BOOKING CONDITIONS CAREFULLY; THEY FORM AN IMPORTANT PART OF THE CONTRACT FOR YOUR VACATION. 

The payment of your initial deposit creates a contractual relationship between ADVENTURE PLANNING LLC dba BORA VIDA SAILING ADVENTURE (hereinafter “BORA VIDA”) and you, the lead charterer or passenger of the yacht provided by BORA VIDA (individually and for and on behalf of the other passengers of the yacht, and hereinafter individually and collectively referred to as “you”, or the “Passenger”) on the basis of these terms and conditions (“Terms and Conditions”). For the avoidance of doubt, any reference to Passenger(s) is a reference to you and/or, as applicable, any other guest who participates in the vacation. Please read the following information carefully. It is a condition of your booking that you return signed Terms and Conditions within 72 hours of paying your initial deposit. They shall be emailed to the Lead Charterer to sign at the same time as the Booking Confirmation (as defined below) is sent to the Lead Charterer. Once the names of the other Passengers in your booking have been provided to us, we shall email them a copy of these Terms and Conditions which they must sign and return. You must indicate your acceptance of these Terms and Conditions by signing and returning these Terms and Conditions to BORA VIDA by mail to bora.vida.sailing@gmail.com or complete via any online electronic signature software used by BORA VIDA from time to time.

Please read these Terms and Conditions in full for more information and for other important rights and obligations. Your signature, and that of each fellow passenger aged 18 or over, is required and is a condition of this booking so as to confirm your agreement to the terms and conditions of your vacation.
All Passengers must sign and return a copy of these Terms and Conditions. Should you fail to obtain the signatures of all your guests then we reserve the right to refuse boarding of any such guest without any liability to you or your guests, whatsoever.

1. Itineraries and Guest Information

Dates and itineraries that we provide are indicative only and subject to change.

In order to ensure all Passengers are aware of important information regarding your vacation (such as, but not limited to, charter briefings, safety information and these Terms and Conditions (for which their signature is a condition of this booking (see above)), it is also a condition of your booking that you promptly inform us of the names and details of all other Passengers on your booking and update us immediately should any Passenger details change. In providing this information to us, you confirm that you have obtained the guests’ express permission to provide us with their contact details. We confirm their details will be used in accordance with our privacy policy which can be found on our website www.boravida.co

2. How to Book

2.1 To make a booking you can contact us via our website www.boravida.co or via email at bora.vida.sailing@gmail.com. You can also make a booking with us via an approved partner authorized to sell our vacations. The person making the booking (the “Lead Charterer”) must be 18 years old or over and possess the legal capacity and authority to make the booking and ensure that all Passengers are aware of the need for them to sign these Terms and Conditions in order to participate in the vacation. Whether you book alone or as a group, we will only deal with the Lead Charterer in all subsequent correspondence, including any changes, amendments, and cancellations. The Lead Charterer is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all Passengers and for passing on any information regarding the booking or any changes made in relation thereto to all Passengers, including but not limited to information on schedule changes or copies of booking confirmations. All sums stated in these Terms and Conditions are in Euros unless stated otherwise.

2.2 As soon as you accept the proposal, we will issue the Lead Charterer with a confirmation invoice which shall be sent by email. As soon as the reservation payment is made you will receive an email with the confirmation details (“Booking Confirmation”)

. When the Lead Charterer receives the Booking Confirmation and the departure documents in respect of the Lead Charterer and all other members of the group, it is the responsibility of the Lead Charterer to check the details carefully and inform us immediately if anything is incorrect. You cannot assign or sub-charter your booking without the prior written consent of Bora Vida.

2.3 We will consider special requests when you book. We will tell you whether there is a charge for the request. We can only guarantee requests that are confirmed by us in writing and, where there is a charge, once such sums have been paid by you. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfillment of a particular request.

2.4 Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other Passenger’s enjoyment of your vacation.
2.5 Health Insurance: We do not provide travel, accident, or health insurance. You are responsible for ensuring you have appropriate personal coverage.
2.6 Medical Risks: Boating involves inherent risks, including seasickness, injuries, or accidents. You participate at your own risk.
2.7 Swimming & Water Activities: If water activities (e.g., snorkeling, diving, paddleboarding) are available, participation is at your own risk. We are not responsible for accidents, injuries, or loss of personal belongings.

3. Prices and Surcharging

3.1 All price quotations are provisional until confirmed in writing on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen vacation, including the cost of any supplements, upgrades or additional facilities which you have requested. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it. Offers are not combinable unless expressly stated and may be withdrawn at any time.

3.2 We reserve the right to impose an additional fee for any additional transportation costs imposed between the time we issue you with the Booking Confirmation and your departure date, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports and exchange rates. We do not accept responsibility for tourist taxes, resort fees or similar fees that are charged locally, which must be paid by you and are not included within your vacation price.

4. Changes or cancellations of your holidays made by BORA VIDA

4.1 The arrangements for your vacation are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if we determine that they are necessary. Most of these changes will be minor and we will advise you of them as soon as possible.

If major changes are made by us that might affect the overall standard of your vacation are made after your booking (such as, for example, not an equivalent (or substantially similar) boat being made available, new destination, new dates, a delay in handover of the yacht of more than 24 hours), you will be notified as soon as reasonably possible and, subject to availability, we may offer you an alternative charter if there is time before your departure. In most cases, we will offer an alternative charter which is the same price, or more expensive than the charter you originally booked. If an alternative charter suggested by us is cheaper, you are entitled to a refund of the price difference.

4.2 We also reserve the right to recall the yacht, or if necessary to cancel your vacation, due to a Force Majeure Event (as defined below). If we cancel your charter, except for a Force Majeure Event or as a result of your non-payment of any amounts due under these Terms and Conditions, or for any other breach by you of your obligations under these Terms and Conditions, then you are entitled to receive a full refund of all monies paid. For the avoidance of doubt no refund or compensation will be paid if your vacation is cancelled due to a Force Majeure Event.

4.3 We reserve the right to refuse to accept a Passenger or remove a Passenger from your vacation if that Passenger violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to themself or others or the yacht. In the event the Passenger is so removed or their participation in the vacation is terminated then that Passenger shall be responsible for any, and all, expenses which arise as a result of the removal or termination, including (without limitation) hotel accommodations and any return flights. In the event that BORA VIDA incurs any of these costs as a result, the Passenger agrees to fully indemnify the Company from those costs as a result. Further, the removed Passenger will not receive any refund for the remaining portion of their vacation. If the skipper of the yacht or any of our base staff or agents, in their reasonable discretion, believes that a Passenger is disruptive or that they are suffering from a contagious disease, they can also refuse to let such Passenger proceed with the charter, disembark the Passenger from a boat or aircraft, remove the Passenger from an accommodation or excursion/activity or take any other action or steps that they reasonably consider appropriate in the circumstances.

5. Our Liability, Conditions of Carriage and Limitations

5.1 BORA VIDA acts solely as an intermediary to facilitate the booking of charter boats and any related services on your behalf. While we make every effort to ensure the quality and reliability of the providers involved, BORA VIDA cannot accept liability for the failure of any provider to deliver services due to circumstances beyond our control, including an but not limited to acts of God, force majeure events, provider insolvency, or other unforeseen circumstances. Neither BORA VIDA, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience which may occur or caused to or be incurred or suffered by any entity, person or their property, howsoever arising, where such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. You further understand that if you purchase any optional activities that are not part of your pre-booked vacation itinerary (including, without limitation, shore excursions and tours, however conducted, airline flights and ground transportation): (a) these activities are operated by independent contractors; (b)the contract for the provision of that activity will be between you and the third party provider for such activity; (c) BORA VIDA neither owns nor operates the third party supplier; and (d) accordingly, you agree to seek remedies directly and only against the third party supplier and not hold BORA VIDA responsible for such supplier’s acts or omissions whatsoever.

5.2 You understand and acknowledge that your travel on the yacht and your participation in any activities arranged by BORA VIDA included in your itinerary may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other Passengers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature or any Force Majeure Events. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your vacation, and that you are willingly and knowingly electing to sail on the yacht and participate in the vacation in spite of such potential risk of danger.

5.3 In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the vacation, and you willingly and voluntarily assume full responsibility for any injury, loss or damage caused by you. It is your responsibility and obligation to inform BORA VIDA, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely participate in the vacation. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to BORA VIDA.

5.4 In consideration of the services and arrangements provided by BORA VIDA, you, for yourself, and on behalf of other Passengers on your vacation, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify BORA VIDA, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for emotional injury, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your vacation conducted in conjunction therewith and shall include, without limitation, any loss caused by breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment, furnishings, supplies or officers or crew of the yacht or its launches or watercraft; fault or neglect of the skipper, tugs, officers or members of the crew, agents, servants, independent contractors; the quality, nature or consequences of medical or surgical treatment; your negligence or caused by your breach of these Terms and Conditions; or which results from your acts, omissions or defaults or any person acting on your behalf, or which results from the acts, omissions or defaults of, or any claims asserted by, the other Passengers on your vacation. BORA VIDA is not liable for injury, illness or death of any Passenger unless directly caused by the negligence of willful misconduct of the Company. Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against BORA VIDA, its owners, directors, officers, employees, agents, and affiliates, for any reason whatsoever.

5.5 BORA VIDA’s maximum liability, for any reason whatsoever, will be limited to the amount paid by you to the Company for your vacation. If any international convention applies to, or governs, any of the services or facilities included in your vacation arranged or provided by us and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of carriage by sea, the Athens Convention 1974. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your vacation. Other than as set out above, and as is detailed elsewhere in these Terms and Conditions, we shall have no legal liability whatsoever to you for any loss or damage.

5.6 In the event medical care becomes necessary on your vacation, you may be hours or days travel by water, road, air or other (including non-vehicular) transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English and/or have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your yacht location, and that the medical facilities and attention available aboard the yacht are limited. Decisions are made by BORA VIDA staff based on a variety of perceptions and evaluations of the situation at hand. The Passenger understands and agrees to abide by these decisions.

5.7 To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

5.8 Force Majeure: Without limitation, We are not responsible for, and no refunds will be given for, delays or cancellation of all or part of your vacation due to causes or circumstances beyond our responsibility or control, including but not limited to acts of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; epidemic; collision; stranding; fire; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond our responsibility or control (a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shutdowns or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by us to operate your vacation or otherwise fulfill our obligations under these Terms and Conditions.

6. Equipment and Yacht Insurance Coverage

6.1 You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and Force Majeure Events. BORA VIDA cannot be held responsible for any loss which you may suffer as a result of you providing incorrect information (such as, by way of example only, previous sailing experience when requested), or due to your negligence, deliberate default, or willful misconduct. Adults will at all times be responsible for minors in their charge.

6.2 BORA VIDA ensures that the yacht owners maintain insurance against public liability and marine public liability to such an extent as deemed appropriate. This insurance policy does not cover loss of life (except that caused through the negligence of the yacht owner), or damage to or loss of property of any person on board, against which you must insure prior to the charter. Advice about such insurance is available from BORA VIDA on request.

7. Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of Spain. Any disputes shall be settled in the courts of Oviedo, Spain.