TERMS AND CONDITIONS
The services marketed under the Big Smile Luxury Charters brand are provided by Pura Vida Tenerife S.L.U. (Tax ID (CIF): B76660851), with registered office at Calle Juan Sebastián El Cano, 26, 38109 El Rosario, Santa Cruz de Tenerife, Spain, and are subject to the following terms and conditions:
GENERAL CONDITIONS
By using this website, the user accepts that such use does not create any partnership, joint venture or agency relationship between the user and www.bigsmilecharters.com.
Bookings made through this website, and through any other channel, are subject to acceptance of these terms and conditions and of the Cancellation, Changes and Refund Policy, which will be made available to the customer before the booking process is completed. If you do not agree with any clause, please do not continue with the booking process. By completing a booking, the user confirms that they have read and accepted these terms. If there is any part you do not fully understand, or if you have any questions about the service, we invite you to contact us by email or telephone.
Nothing in these terms and conditions is intended to exclude or limit any mandatory rights granted to consumers under applicable legislation.
WHALE, DOLPHIN AND MARINE WILDLIFE WATCHING
Whales, dolphins, turtles and other species are wild animals living freely in their natural habitat in the waters off the south of Tenerife. Although the area has a high presence of cetaceans, no particular wildlife sighting can be guaranteed. The absence of sightings 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. We always navigate trying to avoid disturbing marine wildlife, respecting legally established distances, observation times and other protection measures, and following the principles of the Sustainability Charter to which the company adheres. Participants must pay attention to the skipper and crew in order to follow their directions and instructions at all times.
DEPARTURE AND RETURN PORT
Except in cases of force majeure beyond Big Smile’s control or special requests for private charters, the departure and return port of Big Smile is Marina Puerto Colón, Costa Adeje (Tenerife). Unless a different meeting point is expressly communicated, boarding will take place at Puerto Colón – Pontoon -1.
PLACES ON BOARD
The vessel 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. Advance booking is recommended.
TIMING AND PUNCTUALITY
Passengers must arrive at Pontoon -1 in Puerto Colón 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.
The advertised duration of excursions and charters represents the expected duration of the service. As this is a maritime activity, reasonable variations in the return time may occur due to sea conditions, weather, maritime traffic, 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.
HOW TO BOOK THE SERVICE
You must complete the booking form on the website and pay the full booking amount. The person completing the booking form does so on behalf of all members of the group taking part in the service, confirming that all members of the group accept the booking conditions. This person undertakes to pass on to the other members any information received from Big Smile regarding changes, cancellations or service conditions. Once the excursion booking has been received, Big Smile will confirm it by email. No contract with the customer will exist until payment has been confirmed.
BOOKING CANCELLATION
Cancellation requests must be communicated in writing, preferably by email to bigsmilecharters@gmail.com or through another written communication channel provided by the company, and will take effect from the time they are received. For shared excursions, cancellation 72 hours or more before the scheduled departure time entitles the customer to a 100% refund of the amount paid; for cancellations less than 72 hours before departure, no refund will be provided.
For private charters or events, cancellation 15 calendar days or more before the service entitles the customer to a 100% refund of the amount paid; between 14 and 7 calendar days before the service, a 50% refund of the amount paid will be provided; and 6 calendar days or less before the service, no refund will be provided.
If Big Smile Luxury Charters cancels an activity in full due to adverse weather or sea conditions, mechanical or technical issues, restrictions imposed by maritime authorities, force majeure or other circumstances affecting safety or preventing the service from being properly provided, the customer may choose between rescheduling the booking to another available date or receiving a full refund of the amount paid. The customer will not be required to accept an alternative date.
The full conditions are set out in the Cancellation, Changes and Refund Policy.
CHANGES TO CONDITIONS
Big Smile 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.
LIABILITY
The customer guarantees that they are of legal age and have the legal capacity to enter into a contract with Big Smile, and to accept the obligations established by law for any liability arising from the use of this website. The customer guarantees that all personal information provided during the booking process is correct and accepts financial responsibility for all transactions made in their name or charged to their account.
Acting in good faith, Big Smile accepts no responsibility for any typographical errors or omissions on this website. Big Smile cannot guarantee that this website and the emails sent are free from viruses or other potentially harmful components for your device. Big Smile is the owner of this website. The content of this website may not be used for the benefit of third parties without the express authorisation of the company. All content is protected by applicable national and international copyright regulations.
Passengers must use the vessel, its facilities and equipment with due care, complying with applicable legislation and the instructions of the maritime authorities. Big Smile may claim compensation for material damage caused intentionally or through negligence attributable to a passenger, provided that such damage can be properly demonstrated.
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 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.
The chartered vessel has fully comprehensive insurance and holds all permits and authorisations required to carry out this activity.
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 stopping or swimming 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.
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.