1. Company Identification and Scope
The services marketed under the Big Smile Luxury Charters brand are provided by:
Pura Vida Tenerife S.L.U.
Tax ID (CIF): B76660851
Trading name: Big Smile Luxury Charters
Registered office: Calle Juan Sebastián El Cano, 26, 38109 El Rosario, Santa Cruz de Tenerife, Spain
Email: bigsmilecharters@gmail.com
These terms and conditions govern bookings, cancellations, changes and refunds relating to shared excursions, private charters and any other services booked with Big Smile Luxury Charters – Pura Vida Tenerife S.L.U.
By making a booking, the customer accepts these terms and conditions, which will be made available before the booking process is completed.
2. Vessel Capacity
The vessel operated by Big Smile Luxury Charters has a maximum capacity of 10 passengers plus crew.
For safety reasons and in compliance with applicable maritime regulations, the maximum authorised number of passengers may never be exceeded.
3. Meeting Point, Boarding and Punctuality
Unless a different meeting point is expressly communicated, boarding will take place at:
Puerto Colón – Pontoon -1
Costa Adeje, Tenerife.
Passengers must arrive at the meeting point at least 15 minutes before the scheduled departure time.
The vessel must adhere to its scheduled departure time and is not required to delay departure for passengers who arrive late.
If a passenger fails to arrive on time and misses the departure for reasons attributable to them, this will be considered a no-show, and no refund of the amount paid will be due.
This condition will not apply where the missed departure results directly from an error attributable to Big Smile Luxury Charters, such as incorrect information regarding the departure time or meeting point.
4. Cancellation of Shared Excursions by the Customer
Cancellation requests must be communicated to Big Smile Luxury Charters in writing, preferably by email or through another written communication channel provided by the company that allows the request to be recorded.
The following conditions apply:
- Cancellation 72 hours or more before the scheduled departure time: a 100% refund of the amount paid will be provided.
- Cancellation less than 72 hours before the scheduled departure time: no refund will be provided.
Cancellation periods are calculated from the scheduled date and time of departure.
5. Cancellation of Private Charters and Events by the Customer
The following cancellation conditions apply to private charters and events:
- Cancellation 15 calendar days or more before the service: a 100% refund of the amount paid will be provided.
- Cancellation between 14 and 7 calendar days before the service: a 50% refund of the amount paid will be provided.
- Cancellation 6 calendar days or less before the service: no refund will be provided.
Cancellation periods are calculated from the scheduled date and time of the service.
Where an event or special service is subject to specific booking conditions, these conditions will be communicated to and accepted by the customer before the booking is confirmed.
6. Cancellation by Big Smile Luxury Charters
The safety of passengers, crew and the vessel will always take priority.
Big Smile Luxury Charters may cancel a departure due to adverse weather or sea conditions, mechanical or technical issues, restrictions imposed by maritime authorities, force majeure or any other circumstances which, in the professional judgement of the skipper, could reasonably affect navigational safety or prevent the service from being properly provided.
If Big Smile Luxury Charters cancels an activity in full for any of these reasons, the customer may choose between:
a) Rescheduling the booking to another available date; or
b) Receiving a full refund of the amount paid for the cancelled service.
The customer will not be required to accept an alternative date.
7. Skipper’s Authority and Safety on Board
The skipper has final authority on board in all matters relating to navigation and safety.
All passengers must comply with safety instructions given by the skipper and crew.
The skipper may alter navigational decisions whenever necessary to ensure the safety of passengers, crew, the vessel or marine wildlife.
The skipper may also refuse boarding or, where necessary and where this can be done safely, require a person to disembark if their behaviour endangers their own safety, other passengers, the crew or the vessel, without prejudice to any rights that may legally apply to either party depending on the specific circumstances.
8. Changes to Route or Itinerary
Maritime navigation is subject to circumstances that cannot always be accurately predicted.
Due to weather, sea conditions, safety considerations, maritime restrictions, the presence and location of wildlife, technical issues or other justified circumstances, the skipper may reasonably modify:
- the route or itinerary;
- the navigation area;
- the planned stopping location;
- the swimming or snorkelling location;
- the order of activities; and
- where necessary, the return time.
Such changes will not automatically constitute cancellation of the activity where a substantially equivalent service can still be provided.
If a modification substantially affects the essential characteristics of the service booked, the customer will retain any rights available under applicable consumer legislation.
9. Duration of Excursions
The advertised duration of excursions and charters represents the expected duration of the service.
However, as this is a maritime activity, reasonable variations in the return time may occur due to sea conditions, weather, maritime traffic, navigation requirements, responsible wildlife observation, instructions from the authorities or safety-related circumstances.
A reasonable variation in duration for any of these reasons will not, in itself, entitle the customer to a refund.
If the contracted service is substantially shortened for reasons attributable to Big Smile Luxury Charters, the customer will retain any rights available under applicable law.
10. Whale, Dolphin and Marine Wildlife Sightings
Whales, dolphins, turtles and other species encountered during our excursions are wild animals living freely in their natural habitat.
Big Smile Luxury Charters will navigate and search for marine wildlife responsibly and in accordance with applicable regulations and protocols.
Although the area has a high presence of cetaceans, no particular wildlife sighting can be guaranteed.
The absence of sightings of whales, dolphins, turtles or other species during an excursion, despite the activity having taken place and reasonable efforts having been made to locate wildlife, will not in itself constitute grounds for cancellation or entitle the customer to a refund.
Navigation and approaches to marine wildlife will always be carried out in accordance with legally established distances, observation times and other applicable protection measures.
11. Swimming and Snorkelling
Where the booked excursion includes a stop for swimming and snorkelling, this activity will always be subject to the skipper determining that conditions are suitable and safe.
If sea conditions, weather, maritime traffic or any other safety-related circumstances make swimming inadvisable, the skipper may change the planned swimming location or cancel the swimming activity.
Any such decision will be made solely on safety grounds.
12. Seasickness, Health and Voluntary Decision Not to Continue
Seasickness is a circumstance inherent to maritime travel and may affect some passengers.
Voluntarily leaving the activity, deciding not to board once the date of the service has arrived, or being unable to continue due to seasickness or other circumstances personal to the passenger will not, as a general rule, entitle the passenger to a refund where Big Smile Luxury Charters is properly providing the contracted service.
Passengers must inform Big Smile Luxury Charters before departure of any relevant circumstances that may affect their safety or require special attention on board.
13. Minors
Minors must travel accompanied by and under the responsibility of a responsible adult, unless different arrangements have been expressly authorised by Big Smile Luxury Charters and are permitted under applicable law.
Parents, legal guardians or responsible adults must ensure that minors comply with all safety instructions given by the crew.
14. Damage Caused by Passengers
Passengers must use the vessel, its facilities and equipment with due care.
Big Smile Luxury Charters may claim compensation for material damage caused intentionally or through negligence attributable to a passenger, provided that such damage can be properly demonstrated.
15. Personal Belongings
Each passenger is responsible for looking after their personal belongings during the activity.
Big Smile Luxury Charters will not be responsible for loss or damage that is not legally attributable to the company.
Nothing in this provision excludes or limits liability where such liability legally rests with the company.
16. Right of Withdrawal
Under Spanish consumer legislation, services relating to leisure activities that are scheduled for a specific date or period of performance are exempt from the general right of withdrawal applicable to certain distance contracts.
Accordingly, once a booking has been made for a specific date, the cancellation conditions set out in this policy will apply, without prejudice to any other rights granted to consumers under applicable legislation.
17. Changes to These Terms and Conditions
Big Smile Luxury Charters may update these terms and conditions where necessary due to legal, operational or commercial changes.
As a general rule, the conditions applicable to each booking will be those made available to and accepted by the customer at the time of booking, without prejudice to any subsequent changes required by law.
18. Governing Law
These terms and conditions are governed by Spanish law.
Any dispute will be submitted to the courts having jurisdiction under applicable law, and all rights granted to consumers and users will be respected.
Nothing in these terms and conditions is intended to exclude or limit any mandatory rights granted to consumers under applicable legislation.
19. Contact for Cancellations and Changes
Requests relating to a booking must include, at a minimum, the name of the person who made the booking, the scheduled date of the activity and sufficient information to identify the booking.
Pura Vida Tenerife S.L.U.
Tax ID (CIF): B76660851
Trading name: Big Smile Luxury Charters
Registered office: Calle Juan Sebastián El Cano, 26, 38109 El Rosario, Santa Cruz de Tenerife, Spain
Email: bigsmilecharters@gmail.com
Usual boarding point:
Puerto Colón – Pontoon -1
Costa Adeje, Tenerife.
Cancellation requests will take effect from the time they are received by Big Smile Luxury Charters through an authorised written communication channel.