Terms & Conditions

Contract

  • With the written (letter, email) or oral (telephone, in person) confirmation or acceptance of the offer by the customer, a contract is concluded between the customer and AQUAERIUS.

  • The present Terms and Conditions apply to this contract, the content of which the customer accepts implicitly with the first payment (deposit or full payment) or explicitly with the completion of the registration form.

  • Exception: In case of travel arrangements or individual services of other organizers, we act as an intermediary and their respective contract conditions apply.

Terms of payment

  • No later than 5 days after the conclusion of the contract (as defined above), the customer must pay the deposit in the amount of 20% of the total amount, but not less than EUR 35, by one of the provided payment methods.

  • Unless specified otherwise, the final payment is due at the beginning of the booked activity and is payable in cash in Mexican Pesos (MXN), at the current Google exchange rate.

  • Exception: In the case of multiple-day tours with overnight stays organized by us, i.e. travel arrangements, the final payment is due 30 days before the start of the trip.

  • If the client does not pay the deposit and/or the balance, or does not pay according to the agreed payment terms, AQUAERIUS is entitled to cancel the contract without warning and to charge a fee for the incurred expenses. Naturally, in such a case, the client will be excluded from all activities.

  • Upon request, we will gladly check the possibility of a bank transfer in Euro (EUR), Swiss Franc (CHF) or US Dollar (USD). The customer will be informed about the used exchange rate as well as possible surcharges. All bank transfer fees (bank charges etc.) are at the expense of the customer.

  • Upon request, we will be happy to check the acceptance of cryptocurrencies as an alternative means of payment.

  • Upon request and upon presentation of their INE identity card, residents of the Yucatan Peninsula (Quintana Roo, Yucatán, Campeche) will receive special conditions (discounts) on our services.

  • Any refund or credit will be issued on account i.e. the customer will receive a credit balance to use for future activities.

Booking confirmation

Immediately after receiving the deposit, AQUAERIUS will send the client a booking confirmation as well as any additional information, course documents, itineraries etc.

Prices

  • Our price quotations always include the relevant currency.

  • In general, our prices are very consistent - however, we reserve the right to adjust our prices at any time and without prior notice and justification.

  • In the event of a subsequent price change, we undertake to inform the affected customers immediately.

  • With the exception of travel arrangements, price increases from the 14th day until the start of the activity are ineffective, i.e. will be covered by us.

  • For price increases until the 14th day, we reserve the right to make a possible additional charge. If this should amount to more than 10%, the customer is entitled to withdraw from the contract without fees.

  • Tips are generally not included in our prices.

  • The regular prices are always applicable from Puerto Morelos. In principle, no discounts are granted on vacant rides.

Cancellation policy

In principle, the customer can cancel the contract at any time before the start of the booked activity. If he does so, AQUAERIUS can claim compensation for the arrangements, expenses and efforts. These costs and fees will be charged directly to the client. The date of receipt of the written cancellation notice by AQUAERIUS is decisive. Cancellation fees must be paid within one week.

  • Until the 14th day before the activity a cancellation is free of charge (excl. possible refund fees).

  • From the 14th to the 7th day a compensation of 20% of the total amount, but at least USD 50, is due.

  • From the 7th to the 2nd day this is 40%, but at least USD 60.

  • From the day before the activity as well as in case of no-show at the activity, a compensation of 60%, but at least USD 70 of the total amount is due.

  • Exception: For travel arrangements, individual regulations apply, which are specified in more detail on the offer.

Insurance

All insurances are strictly the responsibility of the participant. As a voluntary additional service, our courses include the insurance "Student Diving Accident Protection" of Divers Alert Network (DAN) from the insurance company International Diving Assurance Ltd.

Cancellation by organizer

AQUAERIUS can terminate the contract without notice and claim the full service price for the following reasons, among others:

  • In case of force majeure = an irresistible force or unforeseen event beyond the control of a state making it materially impossible to fulfill an obligation.

  • If the terms of payment are not met by the customer.

  • If the customer, for behavioral reasons, disturbs the activity persistently and/or harasses other participants.

  • If the customer acts negligently and/or endangers or even injures himself or others.

  • If the client behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.

Liability

  • We hereby disclaim all liability in connection with our services.

  • By participating in our activities, the client implicitly waives any legal claims, lawsuits or any form of compensation or remuneration as a result of an incident or accident.

  • Freediving (apnea diving), like any other activity in and specifically under water, is a potentially dangerous activity.

Regulation of services

All our services include...

  • the professional instruction, guidance and safety by our freediving instructors

  • the free transportation (gratuitous service) from our base in Puerto Morelos. On request we will be happy to clarify the possibilities and costs for an individual pick-up.

  • the entrance fees

  • drinking water

  • snacks

  • a local lunch; the allowance amounts to MXN 150/day

  • snacks

  • drinking water

  • a reimbursement for travel by public transport; maximum amount of MXN 100/day

  • Our courses also include course documentation (see respective course details), certification (see respective course details) and diving insurance (see insurances).

  • No discounts or refunds will be given on unclaimed components.

Further regulations:

  • here is no guaranteed minimum duration for a dive session. The maximum duration is 180 minutes.

  • Spectators at Courses: We do not allow unregistered, non-paying listeners resp. spectators, such as partners, companions or colleagues, to attend theory or practical classes.

  • Spectators at Trainings: On request (min. 48h before the activity) we will check the possibilities and costs for participation as passive spectator i.e. from land or active spectator i.e. in the water.

  • If the participant starts an activity and stops it at any time for non-medical reasons, there is principally no right to a refund or substitution.

  • If the participant interrupts an activity for medical reasons, a medical certificate from a physician must be presented to verify any refund or substitution.

Definitions

  • When we refer to the Riviera Maya, we mean the mainland coastline from Cancun to Chunyaxché (Muyil) and explicitly exclude all other locations north, south and west of this section, as well as all islands and the Sian Ka'an Peninsula. Upon request, we will be happy to clarify the possibility and cost for freediving & snorkeling outside of this defined zone.

  • When we refer to Yucatan, we mean the state of Yucatán. For day trips to Yucatan, Valladolid is the western border. Upon request, we will be happy to clarify the possibility and costs for snorkeling and scuba diving outside of this area. Exception: For travel arrangements this limitation does not apply.

Even if only the masculine designations are used in this text for the sake of simplicity, the feminine as well as gender-neutral forms are always implicitly meant.