Terms and Conditions
The services provided by Big Smile Luxury Charters, owner of this website, are subject to the following terms and conditions:
General conditions
These terms include certain exclusions and limitations of liability. 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. 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 of use. 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.
Whale, dolphin and marine wildlife watching
Cetaceans and other marine wildlife live in their natural habitat in the waters off the south of Tenerife, so sightings are highly likely, but can never be guaranteed. We always navigate in a way that avoids disturbing marine wildlife and in full compliance with the principles of the Sustainability Charter to which the company adheres.
Participants must listen carefully to the skipper and crew member on board and follow their instructions at all times.
Departure and return port
Unless due to force majeure beyond Big Smile’s control, or special requests for private charters, the departure and return port for our boats is Marina Puerto Colón, Costa Adeje (Tenerife).
Transport
Transport will always be provided by a qualified driver in a properly insured vehicle that complies with all European safety regulations.
Places on board
The number of places available on board is limited (11), so advance booking is recommended.
Timing and punctuality
Passengers are kindly asked to be as punctual as possible. You must arrive 15 minutes before departure at the entrance to Pontoon 2 in Puerto Colón. The boat cannot be guaranteed to wait for any passenger arriving later than the required check-in time.
In order to avoid delays when collecting passengers, clients will not be picked up or dropped off along the route except in very exceptional cases.
Passengers who miss the boat, or the transport service where collection has been arranged, will not be entitled to a refund.
The advertised excursions have an approximate duration, depending on sea conditions and any unforeseen circumstances that may arise during the trip. Big Smile accepts no responsibility, and no claim may be made, if the duration is not exactly as stated in the public information. The same applies to booked charters. Events will be subject to a contract tailored to the specific nature of each one.
How to book the service
The booking form on the website must be completed and the full booking amount must be paid. The person completing the booking form does so on behalf of all members of the group taking part in the service, and by doing so confirms that all members of the group accept the booking conditions.
That person also agrees to pass on to the other group members any information received from Big Smile regarding changes, cancellations or service conditions.
Once the booking request has been received, Big Smile will confirm it by email. No contract shall exist with the client until payment has been confirmed.
Booking cancellation
A cancellation request must be sent by email to bigsmilecharters@gmail.com up to 72 hours before the departure of the excursion. In this case, 100% of the total booking amount will be refunded. If the booking is cancelled less than 72 hours before the service date, no refund will be given.
If an excursion is cancelled due to technical reasons, force majeure or adverse sea conditions, Big Smile will offer the client an alternative date or a full refund.
For charters or events, the cancellation period is up to 15 days before the booked date. Between 15 and 7 days before the service, 50% of the total amount will be charged. With 6 days’ notice or less, no refund will be given.
Changes to conditions
Big Smile reserves the right to change the service timetable for reasons beyond the company’s control.
Big Smile also reserves the right to amend these terms and conditions at any time and without prior notice. Use of this website shall be subject to the general conditions in force at the time of use.
Liability
The client 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 use of this website.
The client guarantees that all personal information provided during the booking process is accurate 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 that may appear on this website.
Big Smile cannot guarantee that this website or emails sent are free from viruses or other potentially harmful components for your computer. www.bigsmilecharters.com cannot be held liable for any damage of any kind arising from use of this website.
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 company’s express authorisation.
All content is protected under current national and international copyright laws.
Any dispute shall be subject to the jurisdiction and laws of the Spanish courts.
The charterer is required to use and maintain the boat and all its equipment with due care, as if it were their own property, strictly complying with all applicable legislation and with the instructions issued by the relevant Maritime Authorities.
The Skipper is the highest authority on board. The Skipper is solely responsible for the navigation and safety of all passengers. Any decisions taken for the safety of the vessel or for good conduct on board may not be challenged by any passenger. The Skipper is authorised to disembark any passenger who endangers their own safety and/or that of others.
The number of passengers is limited to the number of authorised places on board.
The chartered boat is fully insured and has all the permits and authorisations required to carry out this activity.
Itineraries may be modified, including the route, boarding and disembarkation points, as well as departure times and dates, due to adverse weather conditions or unexpected breakdowns. Such changes shall not give rise to any right to compensation.