Terms and Conditions

Last updated: February 2026

These Terms and Conditions (the “Terms”) govern all bookings and participation in fishing charters and related tours (the “Tours”) operated by EXOTIC FISH CABO in Los Cabos, Mexico. By paying any deposit or balance and participating in a Tour, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Rental Agreement and Liability Waiver contained herein.​

1. Services provided

EXOTIC FISH CABO offers recreational fishing charters and related marine activities, including the use of boats and fishing equipment, for limited time periods as described on our website and in our communications with you.

The availability of specific boats, equipment, and services may vary depending on weather, safety conditions, maintenance, and operational requirements. EXOTIC FISH CABO reserves the right to substitute boats or equipment of similar type and capacity when necessary for safety or operational reasons.​

2. No warranties or insurance – inherent risks

EXOTIC FISH CABO provides no warranty, express or implied, regarding the quality, safety, seaworthiness, or fitness for any particular purpose of any boat or equipment used in the Tours. You accept any boat or equipment provided by EXOTIC FISH CABO “as is”, with all faults.​

Marine activities in Los Cabos can be dangerous and involve risks of serious injury or death to yourself and others, including but not limited to slips, falls, contact with equipment, rough seas, weather changes, and the inherent risks of being on open water. EXOTIC FISH CABO strongly recommends that you obtain adequate medical and travel insurance before participating in any Tour. EXOTIC FISH CABO does not provide medical insurance, and serious injuries can be financially devastating.​

By booking and participating in a Tour, you and all members of your group personally accept all risks and liabilities associated with the activity and acknowledge that you are giving up important legal rights, including the right to sue EXOTIC FISH CABO for certain types of claims.​

3. Rules of operation

You agree to follow and be bound by all EXOTIC FISH CABO boat and equipment operation rules, as communicated by the captain and crew, including but not limited to:

  • complying with all safety briefings and instructions;

  • wearing life jackets or other safety equipment when required;

  • not operating any equipment or boat without the express permission and supervision of the crew;

  • not engaging in reckless, dangerous, or disruptive behavior;

  • respecting all local laws, customs, and environmental regulations.​

Failure to follow instructions may result in immediate termination of the Tour without refund.

4. Limitation of use and responsibility for loss or damage

Only customers who have booked and paid for the Tour may use the equipment or occupy the boat, unless otherwise agreed in writing. If any participant is under 18 years of age, a parent or legal guardian must provide written consent and accompany the minor on the Tour, unless explicitly agreed otherwise.​

You will be personally liable and financially responsible for any loss of or damage to any boat or equipment used during the Tour that is caused by you or your group through negligence, misuse, or failure to follow instructions. This includes the cost of repair, replacement, and loss of use of the damaged equipment at the applicable daily or hourly rates.​

5. Assumption of risk

You expressly and voluntarily assume all risk and liability for:

  • loss or damage to any equipment used during the Tour;

  • death or injury to any person (including yourself and members of your group);

  • all other risks and liabilities arising from the use, condition, and presence on the boat and any marine equipment provided by EXOTIC FISH CABO.​

You understand that conditions at sea can change rapidly and that the captain may change course, modify the itinerary, or return to port early for safety reasons at any time. Such decisions are at the sole discretion of the captain and do not entitle you to a refund.​

6. Waiver and release of claims

On behalf of yourself, your spouse (if any), your children, any minor for whom you are the legal guardian, and your heirs and successors, you hereby waive, release, and discharge EXOTIC FISH CABO, its owners, shareholders, directors, officers, employees, agents, successors, and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, and causes of action of any nature, including but not limited to personal injury, wrongful death, and property damage, that arise from or relate in any way to:​

  • your booking, rental, and/or participation in any Tour;

  • the use, operation, condition, or possession of any boat or equipment provided by EXOTIC FISH CABO;

  • any acts or omissions, including negligence, of EXOTIC FISH CABO or its owners, agents, officers, or employees.​

This waiver and release extends to any claims that you do not presently anticipate, know, or suspect to exist but that may develop, accrue, or be discovered in the future.​

7. Covenant not to sue

You agree that you, your children, and any minors for whom you are the legal guardian will not initiate any legal, equitable, administrative, or other action or complaint against EXOTIC FISH CABO or its owners, shareholders, directors, officers, employees, agents, successors, or assigns, directly or indirectly, arising out of or relating to any Tour, boat, or equipment provided by EXOTIC FISH CABO.​

You further agree not to assert any further claims or demands against EXOTIC FISH CABO regarding the condition, possession, use, or operation of its boats or equipment. This covenant applies to all claims, liabilities, injuries, expenses, losses, damages, and causes of action, present or future, known or unknown.​

8. Indemnification

You agree to indemnify, defend, and hold harmless EXOTIC FISH CABO, its owners, shareholders, directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, penalties, losses, or expenses (including reasonable attorneys’ fees) arising from:​

  • your participation in any Tour;

  • your use or operation of any boat or equipment;

  • any death or injury to any person, or damage to any property, caused directly or indirectly by you or any member of your group;

  • any breach of these Terms or of any representations you make to EXOTIC FISH CABO.​

9. Parental consent and minors

If you are the parent or legal guardian of any minor participating in the Tour, you:

  • consent to the minor’s participation in the Tour;

  • accept all of these Terms and the Rental Agreement and Liability Waiver on the minor’s behalf;

  • are responsible for ensuring that the minor follows all rules and instructions;

  • agree to indemnify EXOTIC FISH CABO for any claims or damages caused by the minor.​

10. Results and refund policy

You understand and agree that:

  • Fishing results are not guaranteed. The presence or catch of fish depends on many factors beyond the control of EXOTIC FISH CABO.

  • No deposit or payment will be refunded in case of a cancelled trip by you, no‑show, bad weather, seasickness, poor fishing results, or other circumstances beyond the control of EXOTIC FISH CABO.​

  • In the event of a declared pandemic lasting more than 30 days, or other extraordinary circumstances, EXOTIC FISH CABO may, at its sole discretion, offer to reschedule, provide a credit, or apply other solutions, but is not obliged to refund payments.​

Any specific cancellation and rescheduling terms communicated at the time of booking form part of these Terms.

11. Photos, videos and use of image

During the Tour, EXOTIC FISH CABO or its crew may take photos or videos of you and your group on board and while participating in the activities. These images may include identifiable persons.

By participating in the Tour, you authorize EXOTIC FISH CABO to use such photos and videos for promotional and marketing purposes (including on websites, social media, brochures, and other advertising materials), without any further compensation, unless you expressly request in writing not to be included.

If you do not wish to appear in promotional photos or videos, you must inform EXOTIC FISH CABO or the crew before the start of the Tour so that reasonable steps can be taken to respect your preference (for example positioning you off‑camera where possible).

EXOTIC FISH CABO will not sell your personal data to third parties. Any personal information linked to media (names, contact details) will be handled in accordance with our Privacy Policy.

12. Governing law and jurisdiction

These Terms, and any dispute arising out of or in connection with them or with any Tour, shall be governed by and construed in accordance with the laws of Mexico, without regard to conflict of law principles.

Any dispute that cannot be resolved amicably shall be submitted to the competent courts of Mexico in the region where EXOTIC FISH CABO operates.

13. Expenses of enforcement

If any legal action or proceeding arises in connection with these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and all costs and expenses incurred in pursuing such action or proceeding.​

14. Entire agreement and no oral modification

These Terms and your booking confirmation constitute the entire agreement between you and EXOTIC FISH CABO regarding the Tours. No provision of this agreement may be modified or rescinded except in writing signed by an authorized representative of EXOTIC FISH CABO.​

By paying any deposit or payment, you acknowledge that you have read and understood these Terms and the Rental Agreement and Liability Waiver, and that you agree to them voluntarily and in good faith.