TERMS & CONDITIONS

Terms & Conditions

Please read this document carefully before signing. By signing below, each guest of a Te Mana Travels charter event acknowledges, understands, and agrees to all of the terms set forth herein, on behalf of themselves and, where applicable, any minor child in their care.

GENERAL

These Terms and Conditions contain the entire agreement between Te Mana Travels and the individual(s) intending to join a Te Mana Travels charter and/or travel experience. Period of travel and prices will be stipulated in a separate invoice. By paying the deposit on a Te Mana Travels charter and/or travel experience, participant agrees to the conditions contained herein.

Yacht Charter & Travel Reservation

By providing a 30% down payment, you have confirmed your reservation. This confirmation automatically initiates the payment and cancellation terms, as well as all other booking conditions.

Payment Schedule

The remaining 70% of total trip cost is due 90 days prior to embarkation and/or event start date. If final payment is not received when due, Te Mana Travels reserves the right to cancel your reservation. Deposits and final payments may be made online using a credit card (Visa, MasterCard, American Express or Discover with 3.5% additional fee applied), ACH debit (e-check), or bank wire transfer.

Water Sports, Skin Diving & Swimming

Te Mana Travels, the yacht owner, and the charter, and/or event insurance underwriters, shall not be held liable for accidents, injuries, or death due to swimming, windsurfing, or the use of snorkels, masks, or allied equipment such as, but not restricted to, SCUBA equipment, sailboards, or kayaks. With particular regard to the use of water sports equipment, the Captain shall have the authority to exclude the Charterer or any or all of his/her Guests from use of any particular water sports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.

Running Expenses

Individual(s) agrees to pay any additional running expenses during the term of the charter or event which have not been prepaid and outlined as part of the charter or event package. See Inclusions and Exclusions below. The Charterer and his/her guests shall disembark, the charter having settled all outstanding expenses with the Captain beforehand.

Cancellations

Should the individual(s) decide to cancel, the following cancellation policy applies:

• There are no refunds for cancellations made 90 days or less prior to scheduled charter departure date.

• Re-scheduling a canceled charter for a future date is possible for all charters canceled 90 days or more prior to embarkation. Prices may vary for re-scheduling in the future during a different season of travel.

• We reserve the right to cancel any reservation if final payment of the entire balance owed is not made 90 days or more prior to departure. All prices quoted are in U.S. dollars and/or Euros and include costs associated with planning, communication and documentation. According to industry standards, package prices are not subject to an itemization of costs.

Applicable Cancellation Penalties

Date of Deposit — 91 days prior to itinerary departure date, 20% of your deposit fee will be refunded; less than 90 days prior to itinerary departure date, 100% of total price will act as a cancellation fee. No refunds. Refunds will be issued via the original payment method within 60–90 days from the cancellation date. If you must cancel your reservation, you may transfer to another future departure date only if cancellation is requested more than 91 days in advance of the departure date. If the future booking date costs more than your canceled charter date, you will be required to pay the difference in itinerary costs, as well as any applicable change fees associated with airline or pre/post land arrangements.

Forces of Nature

Te Mana Travels shall not be liable for any loss, damages, or delay or failure in performance hereunder resulting from any force of nature including, but not limited to, acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with workmen, acts of the public enemy, federal or state laws, rules and regulations of any government authorities having or asserting jurisdiction in the premises of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond reasonable control of Te Mana Travels which makes operation of individual(s) time of travel impossible.

Accidental Death & Injury

The use or consumption of illegal drugs is strictly prohibited by Te Mana Travels. The consumption of alcohol may increase the risk of injury around water and boats, and you and your passengers accept that risk. Te Mana Travels, its subsidiaries, employees, officers, directors, affiliates and agents shall be held harmless from any and all claims or liability for personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs. You understand and acknowledge that your travel on the yacht may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other passengers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the charter of the yacht, and that you are willingly and knowingly electing to sail on the yacht in spite of such potential risk of danger. In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of sailing on the yacht, and you willingly and voluntarily assume full responsibility for any injury, loss or damage caused by you. It is your responsibility and obligation to inform the Company, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely sail on the yacht. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to the Company. If children are taken on board, the legal parents or guardians shall be fully responsible for their safety, conduct and entertainment, and no member of the crew shall be held responsible for their safety or entertainment.

MISCELLANEOUS

Acknowledgement

Individual(s) acknowledges the deposit and cancellation policies. In any proceeding to enforce the terms of this Agreement, the prevailing party shall recover from the other costs that may be incurred, including any attorney fees and costs. No representations or warranties not set forth herein have been offered to or made to any party as an inducement to enter into this Agreement, and all negotiations are merged herewith. This Agreement shall be construed and interpreted in accordance with the laws of California, USA.

Agency

Te Mana Travels may act as an agent for airlines, hotels, yacht charter companies, and other suppliers. By using the services provided by Te Mana Travels, the client agrees to the terms and conditions of the operator and agrees that neither Te Mana Travels, its employees and/or representatives shall be liable for any loss, expense, injury, accident, damage to person or property resulting directly or indirectly from (a) the acts or omissions of such suppliers, (b) acts of God, or (c) any other cause.

Airlines

Airlines reserve the right to change prices without notice and airfare prices are subject to seat availability in the class offered and booked. Airfares are subject to rules and regulations specified by the airline. Airline and airport taxes are subject to change due to government regulation and currency fluctuations.

Travel Insurance

• Te Mana Travels travelers should ensure they have a valid travel insurance policy at time of booking.

• There are many travel insurance policies to choose from. We are happy to provide you with a quote that will best serve you and your travels.

• Te Mana Travels encourages clients to choose a plan that includes your security deposit cost, trip cancellation, medical coverage, personal liability, and loss of luggage and personal effects.

Breakdown or Disablement

If, after delivery, the yacht at any time is disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the yacht by the Charterer for a period of not less than twelve (12) consecutive hours or one-tenth (1/10th) of the Charter Period, whichever is the shorter, and not more than forty-eight (48) consecutive hours or one-tenth (1/10th) of the Charter Period, whichever is the shorter, (and the disablement has not been brought about by any act or default of the Charterer), Te Mana Travels shall make a pro rata return of the Charter Fee from the date and time when the Yacht was disabled or became unfit for use. The Charterer shall remain liable for normal expenses during this period. If it be mutually so agreed, Te Mana Travels shall allow a pro rata extension of the Charter Period. If, however, the Yacht is lost, or is so extensively disabled as aforesaid that the Yacht cannot be repaired within a period of forty-eight (48) hours or one-tenth (1/10th) of the Charter Period, whichever is the shorter, the Charterer may terminate this Agreement by notice in writing to Te Mana Travels or, if no means of communication is possible, to the Captain on Te Mana Travel's behalf, and as soon as practicable after such termination the Charter Fee shall be repaid by Te Mana Travels pro rata without interest for that part of the Charter Period remaining after the date and time that the loss or disablement occurred. The Charterer shall be entitled to recover from Te Mana Travels the reasonable cost of returning himself and his passengers to the Port of Re-Delivery by scheduled services, together with any accommodation expenses reasonably necessary for this purpose. Shall the chartered vessel have mechanical breakdown that prohibits its usage, Te Mana Travels will replace the vessel with a vessel similar in size and guest capacity.

Inclusions & Exclusions

Included in the price of your charter:

• Private yacht and service of the crew (captain, hostess/cook)

• Accommodation in 3–6 (depending on boat size) private air-conditioned double cabins with ensuite bathroom

• Bedding, towels and beach towels

• Insurance for the yacht and the passengers (civil liability)

• Full board: breakfast, lunch and dinner including drinks (water, tea, coffee)

• Consumables for the yacht (diesel, fuel and water)

• Snorkeling equipment, water sports onboard, 2 kayaks and 2 stand-up paddle boards

• Harbor and mooring fees

Excluded from the price of your charter:

• Cancellation insurance and private insurance

• Beverages (soft and alcoholic beverages)

• Excursions on the islands not stipulated in Te Mana Travels itineraries

• Transfers to and from embarkation and disembarkation locations

• Personal expenses

• Tips

Captain — Authority

The Captain is not bound to comply with any order which, in the reasonable opinion of the Captain, might result in the yacht moving to any port or place that is not safe and proper for him/her to be in, or might result in the Charterer failing to re-deliver the yacht upon the expiration of the Charter Period.

CONFIRMATION & VERIFICATION