Terms & Conditions
By purchasing a ticket you confirm that you have read, understood and accept the following terms and conditions:
ONCA EXPLORATIONS´ SERVICE TERMS & CONDITIONS
All reservations are subject to availability. In order for us to process your request for reservations fully, we advise placing your order for Onca Explorations tours, expeditions, transportation and activities at least 24 hours before the date and time of service. For Multi-Day adventures and Non-Onca Explorations tours and activities we require a minimum of 72 hours prior to your tour or travel date. Any disability requiring special attention should be specified at the time of booking. Onca Explorations will make all reasonable attempts to accommodate the needs of the disabled guest.
Non-refundable convenience fee
Services purchased through Onca Explorations website may include a non-refundable convenience fee. This fee will be displayed upon check out as a separate line item. Onca Explorations does not keep this fee. It covers the cost of providing improved security and user-friendly features for online bookings. Transactions on the oncaexplorations.com pages are provided through an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process (see detailed description below).
Please refer to the product description and rates listed for each specific attraction, activity, tour and excursion for current price. Rates quoted may be subject to additional charges, but all taxes are included. The final rates will be displayed once a schedule is booked. Rates are subject to change without notice. Rates may be higher during some holiday periods and additional restrictions may apply during various times of the year. Some discounts, special or promotions may not be combined with other promotions or discounts and may require a valid ID presented upon request at the tour or activity. Child rates are available for children based on the age definition specific to that product. Special rates and discounts may apply for mexicans and locals, that are not available for foreign visitors.
The order process
You will have the opportunity to review and confirm your order, including payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. We reserve the right to refuse or cancel any order prior to delivery. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
For charters and group services, separate payment policy may apply. Contact us for more information at firstname.lastname@example.org
Changes in reservations
Reservations are valid only for the date specified. When changing any part of your reservation including date, time, pick-up or drop-off location, and number of persons in the party, rates are subject to change.
It is your responsibility to ensure that accurate information is provided at the time of booking. Onca Explorations will not be responsible for mistakes made by guests. We understand that mistakes do happen. You will receive a confirmation email with details of your reservation. Please carefully review this and let us know immediately if you need to make any changes.
Full payment is due at reservation to secure your seat and payable in US dollars unless noted otherwise. You will receive an email with a confirmation code with each successful booking. Please keep this code handy and reference it when calling for changes or assistance.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We DO ACCEPT CASH payments, however your credit card might be retained and charge a reservation fee and then liberated at payment before boarding the tour. We accept credit and/or debit cards. For web orders, only credit cards are accepted. Most credit cards accepted. International charges/payments to Onca Explorations are denominated in US dollars when charged. Exchange rates are subject to policies of the individual card issuer.
In the unlikely event of unauthorized credit card use, follow your credit card company’s reporting procedures. It is very important to promptly notify your credit card issuer immediately to minimize your liability for the unauthorized use of these cards.
Transactions on the oncaexplorations.com pages are provided through an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process. FareHarbor adheres to all modern security best practices; including, but not limited to, solutions to harden and prevent against XSRF, XSS, SQL injection, and DDoS attacks. FareHarbor does not store or process any cardholder data. All cardholder data is encrypted and transmitted via TLS to Stripe, a Level 1 PCI compliant financial institution. All web servers, applications, and databases reside in FareHarbor’s Virtual Private Cloud (hosted by Amazon Web Services) where each node is restricted to only communicate with the IPs of other nodes in the system. All web servers, databases, and applications are setup, protected, and hardened according to AWS Security best practices.
If you have any questions about our security policy, please contact us at email@example.com.
Delayed or missed pickups
Guests are advised to be at pickup location (usually the hotel lobby) at pickup time suggested when booking. Transfers usually start one hour before departure, and exact pickup time will depend on your location. Please also provide us a 10-15 minute grace period for unexpected traffic conditions. We only offer pickup service at hotels and condo towers. We do not offer pickup service to private houses or residences.
Onca Explorations is not responsible for significant delays due to traffic, weather, road conditions, or other unexpected circumstances. We reserve the right to cancel or modify scheduled tours and activities. Onca Explorations will not be responsible or liable to any individual utilizing our transportation services for delays, injury, loss, accident or damages to person or personal property beyond our control.
We do not guarantee that your tour will take place at the scheduled time. Schedules may change without notice for a variety of reasons including, but not limited, to bad weather and technical disruptions. Scheduled times do not form part of your contract with us.
We reserve the right to cancel or change a tour or to replace any boats at any time in the interests of passenger safety. Weather and sea conditions can change quickly and this may alter the status of your tour at any time. In rough sea conditions, the boat captain may increase child age limits or place restrictions on or refuse to carry passengers with medical conditions and/or limited mobility and on passengers who are pregnant.
We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is practicable and safe for you to participate in the tour. Before you make any booking you must tell us if you (including all participants in your booking) suffer from any illness, disease or other mobility or medical condition which may make it impracticable or unsafe for you or other passengers to participate in the tour, or if you think you could be affected by adverse sea and weather conditions.
All tours carry a degree of risk and by participating in the tour provided by us you are expressly assuming those risks personally and are, to the maximum extent permitted by law, releasing us and our officers and employees from any liability, claims, losses, damages or expenses caused by any event, including, but not limited to: personal injury or death, property loss or damage, acts which may be construed as negligent or accidental, any other loss, damage, suffering, emotional or nervous disorder. We suggest you consider to obtain any suitable travel insurance to ensure your protection if you believe it to be necessary.
To ensure maximum safety and enjoyment of the tour by yourself and other passengers you must follow all reasonable instructions given by our staff before, during and after the tour and you agree that you will ensure that any children in your care do the same. You are responsible for the safety and protection of your own personal possessions at all times.
Even if you have a booking, we may refuse to carry you if we reasonably believe that carrying you may put the safety of the boat or the safety or health of any person in the boat in danger or at risk, or if you have not obeyed the instructions of our staff or a member of the crew of the boat relating to safety or security, or if you require special assistance and you have not previously made arrangements for such assistance, or if you are drunk or under the influence of alcohol or drugs, or we reasonably believe you are in unlawful possession of drugs.
Wildlife is mostly unpredictable – that’s what makes it wild! So, unfortunately we cannot guarantee that you will see whales, dolphins or any other wildlife species on our tours. However, our overall success rate for humpback whale sightings in Mazatlan waters (during breeding season) is above 99%!
WHALE WARRANTED PROGRAM (WWP)
So even when nature cannot guarantee itself, we want to make sure every guest gets the chance to see whales on our tours. That is why Onca Explorations is the only company in Mazatlan capable of offering our Whale Warranted Program (WWP). If you join Onca Explorations´ Whale Watching Adventure between december 15th and february 15th, and no whales are seen during your tour, we are pleased to welcome you back for another complimentary tour, space permitting (conditions apply).
Please remember that:
This is not a money back guarantee.
No refund is given if no whales are seen on your tour.
Whale Warranted Program does not apply to our “Wild Dolphin Adventure”, “Marine Safari” or any other marine ecotour.
CANCELLATIONS AND REFUNDS
Reservations are good for the specific date and time chosen only. Cancellations with less than 24 hours notice will be charged the full reservation value. No shows for reservations will be charged the full reservation value.
Onca Explorations confirms cancellations by email only. If you have not received a email confirming the cancellation your reservation has not been cancelled and you may not be refunded.
Claims for refunds must be made within thirty (30) days from the date of service. Once refunds have been approved, please allow a few working days to see it reflected in your account. If a promo code was used or a discount was applied when making the purchase, the amount discounted with the promo code will be forfeited and not refunded. If Onca Explorations must cancel a trip because of bad weather or other reasons out of our control then a full refund will apply.
Guest weight & balance surcharge as related to safety
Ensuring the safety of all guests on board is our number one priority.
It is important that we maintain authorized weight restrictions on our vessels and level balance on board at all times.
For balance and stability on our boats, guests who weigh more than 265 US Pounds/120 kilograms are required to purchase a second ticket to off-set the overall weight and balance of our vessels to ensure that all water activities are safely conducted and to ensure proper balance.
The price of the second ticket will be determined by the cost of the type of tour or activity chosen by the guest and the amount of guests on board will be decreased by one for each occurrence.
If you, or any of your party may exceed the weight limit quoted above, simply purchase an additional ticket for any individual falling into that category. For example, if you or a guest need a second ticket, simply purchase a second ticket for each individual. You must provide this information in good faith upon your reservation or else be denied boarding with no refund at the departure point.
Onca Explorations makes no additional profit from this policy. This policy simply allows us to reduce the number of passengers on board to compensate for the weight variance and to ensure guest safety and comfort for everyone on board. Thank you for your understanding of our safety policies as they relate to all guests. All information is kept confidential and will not be shared with any third party.
If you have additional questions regarding this safety policy please contact us at firstname.lastname@example.org
LUGGAGE AND PERSONAL ITEMS
If you are traveling with valuables, prescription medication, and/or other important personal items, please keep them with you at all times. Onca Explorations assumes no liability for damaged baggage. Guests must report significant damage or loss of any personal items during the service immediately to email@example.com within a 24 hour window from the service.
Lost luggage and items
Guests are responsible for their own luggage and belongings. Onca Explorations assumes no liability in the event of loss or theft of such property and will not be responsible for any losses incurred as a result. Onca Explorations is not liable for lost items left behind on any vehicle, guests are advised to check their seat carefully before disembarking and their belongings carefully before leaving. However, whenever possible, Onca Explorations does want to reunite guests with their lost items. Please contact firstname.lastname@example.org immediately. Any fees incurred in returning a left behind item must be paid for by its owner.
We strongly encourage feedback on the service, both good and bad. Upon receipt of negative feedback, we will investigate and provide a resolution.
No action shall be maintained for loss or damage to a passenger’s property or for delayed or missed pickup unless notice of the claim is presented to the carrier within twenty four (24) hours of the occurrence of the loss, delay, damage or injury and unless the claim is actually filed in writing within thirty (30) days of such occurrence.
Claims of copyright infringement
Notifications of claimed copyright infringement and counter notices must be sent to us at email@example.com. We will respond to claims of copyright infringement that are reported to the address above, in accordance to Mexican and international copyright and trademark laws.
Please contact us with any comments, questions or suggestions you might have regarding the information described in the Sites at Marketing@robertshawaii.com.
WEBSITE CONTENT AND SERVICES
Disclaimers and limitation on liability
Onca Explorations´ website content (www.oncaexplorations.com) and services are provided “as is” and “as available.”. We disclaim all warranties of any kind to the maximum extent permitted by applicable law, either express or implied, including and not limited to warranties or title or implied warranties of merchantability or fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
Onca Explorations S.A. de C.V. and its affiliates, directors, employees, shareholders, suppliers and officers, and agents shall not be held liable for any damages, or any other damages of any kind including but not limited to any type of loss, injury or damage arising out of or in connection with the website including content contributed by other companies. This includes without limitation any damages arising from reliance by a user on any information obtained from Onca Explorations or that result from mistakes, inaccuracies, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, circumstances beyond our control, communications failure, theft, destruction or unauthorized access to our records, programs or services. You agree not to hold liable Onca Explorations, from and against any claims, causes of action, demands, recoveries, losses, direct, indirect, punitive or consequential damages, fines, penalties or other costs or expenses of any kind or nature.
Modifications to the website´s content and services
Do not assume the website content and services are always up to date.
Onca Explorations reserves the right to modify or discontinue the website and information contained within including but not limited to the terms, conditions, prices, features, schedules (such as day of operation and times) and service locations offered on this website without notice, at any time and at its sole discretion.
If you access our website and services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.
Copyright and limited license
Unless expressly indicated, the website and all content, including but not limited to the Onca Explorations logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the layout thereof (collectively “Site Content”), are the proprietary property of Onca Explorations and protected under Mexico and international copyright laws.
You are granted a limited, non sub-licensable license to access and use Site Content for personal, informational and shopping purposes only. This license does not allow (a) resale or commercial use; (b) unauthorized distribution (c) modification or otherwise making derivative uses of Site Content (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than web browser caching) of Site Content, except where expressly permitted; (f) use of the Sites and Site Content for any thing other than its intended purpose.
Any use of this website and its content other than specifically authorized with prior written permission. Such unauthorized use may also violate applicable laws. Unless explicitly stated, none of these terms shall be construed as conflicting with any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Onca Explorations and the Onca Explorations´ logo are registered trademarks of Onca Explorations S.A. de C.V. All other Onca Explorations trademarks, service marks, domain names, logos, potos and video, company names and indicia of origin referred to on the sites are the property of Onca Explorations S.A. de C.V. Other product or company names referred to on the website may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Onca Explorations or any third party without express permission from the owner. All rights not expressly granted are reserved.
YOUR USAGE & CONTENT
Right yo use your name, voice, image and likeness
By using our products and services, you grant Onca Explorations and its affiliates the irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, tape, aural devices and any other method or device) your name, voice, image and likeness while using our services (the “Recordings”), and the use of such Recordings for any and all purposes, in any and all media now known and hereafter devised.
Third party content
Onca Explorations may provide third party content on the website and hyperlinks to web pages and content of third parties (collectively, “Third Party Content”) for your convenience. This inclusion does not imply affiliation, endorsement or adoption by us of any site or information contained within. We do not control third party content and can make no guarantees as to its accuracy or completeness. You agree to use such Third Party Content at your own risk.
In addition, if you navigate away from our website to a third party site, you are subject to the terms and conditions of use on that site.
Internet related viruses
Onca Explorations does not guarantee that any information (including any file) obtained from and through the website is free from computer and/or internet related viruses or other faults or defects. It is each individuals responsibility to scan any such information for computer viruses. Onca Explorations will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
These Terms and Conditions shall be governed by in accordance with the laws of the country of México. You agree to submit to the exclusive jurisdiction of the courts and laws of the State of Sinaloa, México, no matter the location of your purchase of our tours or of the departure point of our tours.
By purchasing a ticket you confirm that you have read, understood and accept the following terms and conditions and also that you:
agree that your successors, executors, administrators and next of kin are bound by the terms and conditions;
agree, to the maximum extent permitted by law, not to commence any litigation or proceedings in any country in relation to the risks and perils of the tour and to indemnify us against any such claims;
consent to receive medical treatment in the case of injury, accident or illness during the tour and to indemnify us against any claims in respect of this treatment;
agree that any photographs, films, sound, video or other recordings taken of events or people by anyone during the tour will not be used in any promotion or advertising without our consent, however, we may use such images or recordings at our complete discretion without any prior approval;
confirm that the email address you have provided belongs to you or is authorised for your use and that you consent to us sending to you, from time to time and until such time as you unsubscribe, marketing information (including surveys) in relation to our business and your experience with us;
agree that this agreement is governed by the laws of the country of México and the exclusive jurisdiction of the courts and laws of the State of Sinaloa, México, no matter the location of your purchase of our tours or of the departure point of our tours.
Please enjoy your adventures with Onca Explorations and feel free to ask any of our staff should you require further information or clarification regarding the above terms and conditions.