Terms & Conditions

Bookings & Payment

Every trip starts as a request — through the booking form on this site or a message on WhatsApp. A request is not yet a place: your spot is held once our team confirms it back to you. Unless we agree otherwise, full payment is due before departure. For now we arrange payment directly with each guest when we confirm, and we will tell you exactly how at that point.

Day Trips — If We Cancel

Occasionally we have to call a day off: the minimum group did not come together, the port is closed, or the conditions are not ones we would take guests into. When that happens the choice is yours — we move you to another date, or refund everything you have paid.

Day Trips — If You Cancel

Tell us as early as you can, by WhatsApp or email. Within 72 hours of departure we can no longer refund — by then the boat, guide and permits for your place are committed. Not showing up, or arriving more than 15 minutes after the meeting time, counts as a cancellation: boats leave on schedule, so please plan to arrive early.

Expeditions — If You Cancel

Expeditions are chartered months in advance and paid for long before we cast off, so the schedule is stricter than for day trips. More than 120 days before departure, we refund what you have paid minus any costs already incurred on your behalf. Between 120 and 91 days, a 50% cancellation fee applies. Inside 90 days there is no refund.

If we manage to refill your spot, we can put your deposit toward another expedition within 12 months instead. Either way, we strongly recommend travel insurance that covers cancellation — it costs little next to what it protects.

Weather & Cancellations by Us

Safety decides, always. The Sea of Cortez can change without notice, and our captains and guides have the final word on whether we go out. If we cancel through our own fault, you are refunded in full. If the cause is beyond anyone’s control — weather, port closures, force majeure — we reschedule, or issue credit valid for 12 months. On expeditions, a single ocean activity missed for safety is not refunded separately; we arrange an alternative whenever the conditions allow one.

Taking Part

You will sign a liability waiver before the activity begins. Come reasonably fit and comfortable in open water for the trip you have chosen — if you are not sure, ask us and we will tell you honestly. Children under 12 join with an adult, who signs on their behalf. Our guides may decline anyone’s participation where health or safety is in question, theirs or the group’s.

Wildlife & Refunds

The animals we visit are wild — that is the whole point. Sightings are never guaranteed, and no refund is owed when the ocean does not deliver, nor for seasickness, nor for a return to port made for safety. What you can hold us to is our best reading of the season, the conditions and the water, every day we go out.

Health & Safety

Tell us in advance about medical conditions, allergies and dietary needs — yours and everyone’s in your group. It shapes how we plan, what we carry and what we serve, and it is far easier to handle before departure than on a boat.

Conduct

We keep groups small partly so everyone can relax. Dangerous or disrespectful behaviour, intoxication, or ignoring a guide’s instructions ends the trip for that guest, without a refund. It almost never happens — this paragraph exists for the rare time it does.

Photos & Video

Our team often shoots during trips, and we sometimes use those images and clips to show people what these waters are like. If you would rather not appear, tell us in writing — before or after your trip — and we will not use imagery of you. The photos and video we produce remain ours.

Privacy & Your Data

To run your booking we collect your name, contact details, trip details, and any medical or dietary information you choose to share. We use it to organize your trip and for nothing else — it is never sold. The full picture is in our Privacy Policy.

Equipment

Wetsuits, masks, fins, tanks — whatever we lend you, hand it back in the condition you received it. Ordinary wear is ours to absorb; loss or damage through negligence is charged at replacement cost.

Insurance

We carry the permits and cover our operation requires, but that does not extend to your personal costs. Bring travel and medical insurance that covers the activities you have booked — for expeditions, that should include dive-specific coverage. We are not liable for personal accident costs or lost belongings.

Changes to These Terms

When these terms change, the new version is posted on this page and applies from the moment it appears. The date at the top tells you when that last happened.

Governing Law

Baja Below Surface operates from La Paz, and these terms are governed by the laws of Baja California Sur, México. Any dispute is resolved there.