Terms and Conditions

Last Updated: May-12-2026

Effective Date: ;May-12-2026

1. Parties and Definitions

These Terms and Conditions (the "Agreement") constitute a legally binding contract between:

Operator: Matías Rivero García Rojas, a Mexican individual conducting business under the commercial name "Dip Expeditions," with principal place of business in San José del Cabo, Baja California Sur, Mexico (hereinafter "Dip Expeditions," "Operator," "we," "us," or "our").

Client: Any person who books, purchases, accesses, or participates in any service, tour, or activity offered by Dip Expeditions, whether through this website, by phone, email, in person, or through any third-party platform (hereinafter "Client," "Passenger," "you," or "your").

By accessing this website, making a booking, or participating in any activity offered by Dip Expeditions, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

2. Services Offered

Dip Expeditions operates marine expeditions and ecotourism activities in the Sea of Cortez and Mexican Pacific waters, specifically including: snorkeling, free diving (apnea), swimming with marine wildlife (including but not limited to mobula rays, whale sharks, sea lions, whales, dolphins, and other marine species), wildlife observation from vessels, and related marine activities (collectively, the "Services" or "Activities").

All Activities are conducted in or around Mexican territorial waters, exclusively under Mexican law and Mexican operational jurisdiction.

3. Acknowledgment of Risk and Assumption of Risk

3.1 Inherent Risks

The Client expressly acknowledges and accepts that participation in marine Activities involves SIGNIFICANT INHERENT RISKS, including but not limited to:

Marine wildlife encounters: unpredictable behavior of wild animals including bites, stings, collisions, accidental contact, and aggressive responses from species including but not limited to sharks, rays, sea lions, whales, jellyfish, and other marine life.

Water-related risks: drowning, near-drowning, hypothermia, hyperthermia, dehydration, sun exposure, sunburn, jellyfish stings, marine parasites, infections, and ingestion of seawater.

Free diving (apnea) specific risks: shallow water blackout, loss of consciousness underwater, samba (loss of motor control), barotrauma of ears and sinuses, lung over-expansion, hypoxia, decompression issues, and risks associated with breath-holding at depth.

Snorkeling specific risks: mask flooding, snorkel malfunction, swallowing water, panic responses, separation from group, fin injuries, and surface-related accidents.

Vessel risks: collision, capsizing, sinking, fire, mechanical failure, falls on board, contact with hot surfaces, propeller strikes, injuries from sudden vessel movements, and entry/exit injuries.

Environmental risks: sudden weather changes, high winds, rough seas, swells, currents, tides, lightning, exposure to elements, and rapid changes in visibility.

Health-related risks: seasickness, exacerbation of pre-existing medical conditions, heart attack, stroke, allergic reactions to marine life or sun exposure, and physical exhaustion.

Geographic risks: remote locations, delayed emergency response, limited access to medical care, helicopter or vessel evacuation times measured in hours rather than minutes, and lack of nearby hyperbaric chambers.

Acts of nature: earthquakes, hurricanes, tsunamis, and other natural events.

3.2 Voluntary Participation

The Client confirms that participation in all Activities is entirely voluntary. The Client has been informed of the risks and chooses to participate with full knowledge and understanding of those risks.

3.3 Physical and Medical Fitness

The Client warrants that they are in adequate physical and mental condition to participate in the Activities and have disclosed any medical condition, medication, pregnancy, recent surgery, cardiac condition, respiratory condition, or physical limitation that could affect their participation or create additional risk. Specifically for free diving activities, the Client warrants they have no condition contraindicating breath-hold diving (including but not limited to: cardiovascular disease, uncontrolled hypertension, epilepsy, asthma, recent surgery, or pregnancy).

Dip Expeditions reserves the right to refuse participation to any Client whose physical or mental condition appears to compromise safety, with no entitlement to refund.

3.4 Use of Alcohol and Substances

The Client agrees not to consume alcohol or any controlled substances before or during participation in any Activity. Dip Expeditions reserves the right to refuse service to any Client appearing to be under the influence, with no entitlement to refund.

3.5 Free Diving Experience Disclosure

For free diving (apnea) activities, the Client agrees to truthfully disclose their experience level, certifications, maximum depth comfort, and any prior incidents. Misrepresentation of experience may void this Agreement and release Dip Expeditions from all liability.

4. Release of Liability and Waiver

4.1 Release

To the fullest extent permitted by Mexican law, the Client, on behalf of themselves, their heirs, executors, administrators, assigns, and any person claiming through them, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Dip Expeditions, Matías Rivero García Rojas, their employees, crew, captains, guides, agents, contractors, vessel owners, and affiliated entities (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, injury, illness, or death sustained by the Client, whether caused by negligence of the Released Parties or otherwise, during or related to the Activities.

4.2 Assumption of Risk

The Client expressly ASSUMES ALL RISKS associated with participation in the Activities, including risks that may not be foreseeable.

4.3 Indemnification

The Client agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or cost they may incur as a result of the Client's participation in the Activities, including but not limited to legal fees, court costs, medical expenses, and rescue or evacuation costs.

4.4 Limitation of Liability

To the maximum extent permitted by Mexican law, the total aggregate liability of Dip Expeditions for any claim arising out of or related to the Services shall not exceed the total amount paid by the Client for the specific Service from which the claim arises. Under no circumstances shall Dip Expeditions be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.

5. Exclusive Jurisdiction and Governing Law

5.1 Governing Law

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between the parties, whether contractual, extra-contractual, tort, statutory, or otherwise (including but not limited to claims for personal injury, property damage, wrongful death, negligence, gross negligence, breach of contract, or any other legal theory), shall be governed exclusively by the laws of the United Mexican States, without regard to its conflict of laws principles.

5.2 Binding Arbitration

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES arising out of or relating to this Agreement, the Services provided, or the relationship between the parties, including but not limited to claims for personal injury, illness, wrongful death, property damage, negligence (including gross negligence), breach of contract, or any non-contractual claim of any nature, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION administered by the Centro de Arbitraje de México (CAM) in accordance with its Arbitration Rules in effect at the time of the dispute.

The arbitration shall be conducted as follows:

Seat of arbitration: Mexico City, Mexico

Language: Spanish, with English translation available at the requesting party's expense

Number of arbitrators: One (1) arbitrator, mutually agreed upon, or appointed by CAM if no agreement is reached

Applicable law: Substantive law of the United Mexican States

Award: Final, binding, and non-appealable except as permitted under Mexican arbitration law

5.3 Waiver of Foreign Jurisdiction

THE CLIENT EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVES:

Any right to file suit, complaint, or claim of any nature in any court of any country other than Mexico.

Any right to a jury trial in any jurisdiction.

Any right to participate in class action, collective action, or representative proceedings against the Released Parties.

Any objection to the personal jurisdiction of Mexican courts and arbitration tribunals.

Any objection based on forum non conveniens, inconvenient forum, or similar doctrine.

5.4 Enforcement Under New York Convention

The parties acknowledge that this arbitration clause is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958), to which Mexico and most countries (including the United States, Canada, the United Kingdom, and European Union member states) are signatories. Any arbitral award rendered pursuant to this Agreement shall be enforceable in any signatory country.

5.5 Filing in Foreign Jurisdiction

In the event that the Client, in violation of this Agreement, files any lawsuit, complaint, or claim in any jurisdiction other than the arbitration provided herein, the Client expressly agrees:

To reimburse Dip Expeditions for all legal fees, costs, and expenses incurred in moving to dismiss, transfer, or compel arbitration.

To accept any motion to dismiss or compel arbitration without opposition.

That such filing constitutes a material breach of this Agreement.

6. Payment, Cancellation, and Refund Policy

6.1 Payment

All payments are due at the time of booking unless otherwise agreed in writing. Prices are quoted in US Dollars (USD) or Mexican Pesos (MXN) and are subject to change without notice prior to booking confirmation.

6.2 Cancellation by Client

Cancellations made 72 hours or more before the scheduled Activity: 100% refund of amounts paid.

Cancellations made between 48 and 72 hours before the scheduled Activity: 50% refund of amounts paid.

Cancellations made less than 48 hours before the scheduled Activity, or no-shows: NO REFUND.

All cancellation requests must be made in writing (email is acceptable) to contact@dipexpeditions.com. Verbal cancellations are not accepted. Refunds will be processed within 14 business days using the original payment method.

6.3 Cancellation by Operator

Dip Expeditions reserves the right to cancel any Activity due to weather conditions, mechanical issues, safety concerns, insufficient bookings, marine conditions, wildlife absence, or any other reason at our sole discretion. In such cases, the Client will be offered:

Rescheduling at no additional cost (subject to availability), OR

A full refund of amounts paid.

Dip Expeditions shall not be liable for any consequential costs incurred by the Client, including but not limited to flights, hotels, ground transportation, meals, or other related travel expenses.

6.4 Force Majeure

Dip Expeditions shall not be liable for failure to perform due to events beyond reasonable control, including but not limited to: weather events, natural disasters, governmental restrictions, pandemics, civil unrest, equipment failure, or any other force majeure event. In such circumstances, the Operator will offer rescheduling or refund at its discretion.

7. Operational Rules and Client Obligations

7.1 Compliance with Instructions

The Client agrees to comply at all times with all instructions, safety briefings, and directives given by the captain, crew, and guides. Failure to comply may result in immediate termination of the Activity without refund and may void this Agreement's protections in favor of the Client.

7.2 Equipment

The Client agrees to use all provided equipment (life jackets, masks, fins, snorkels, weight belts, etc.) properly and report any malfunction immediately. The Client is responsible for the cost of replacement or repair of any equipment lost or damaged due to misuse or negligence.

7.3 Environmental Protection

The Client agrees to follow all conservation guidelines and Mexican environmental regulations, including: no touching marine wildlife, no chasing or harassing animals, no flash photography near sensitive species, no use of sunscreens that are not reef-safe, no littering, and respect for all protected areas and species. Violations may result in immediate termination of the Activity and personal liability for any fines imposed by Mexican authorities.

7.4 Group Conduct

The Client agrees to behave respectfully toward other Clients, crew, and marine life. Aggressive, disruptive, or unsafe behavior may result in immediate termination of the Activity without refund.

8. Photography and Media Rights

8.1 Grant of License

By participating in the Activities, the Client GRANTS Dip Expeditions a perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and publish any photographs, videos, audio recordings, or other media in which the Client appears, taken during the Activities or in connection with them, for any purpose including but not limited to: marketing, promotional, advertising, editorial, commercial, social media, website, print materials, and third-party publications.

8.2 No Compensation

The Client acknowledges and agrees that no compensation, royalty, or payment of any kind shall be due for the use of such media.

8.3 Opt-Out

If the Client objects to the use of their image, they must provide written notice to contact@dipexpeditions.com prior to the commencement of the Activity. Failure to provide such notice constitutes consent under this Section.

8.4 Waiver of Rights

The Client waives any right to inspect, approve, or seek injunctive relief regarding the finished media or its use by Dip Expeditions.

9. Insurance

9.1 Operator Insurance

Dip Expeditions maintains insurance coverage as required by Mexican law for its operations. Such insurance is the Operator's protection and does not extend to cover the Client's personal losses except as specifically provided by Mexican law.

9.2 Mandatory Client Insurance

THE CLIENT IS REQUIRED TO OBTAIN COMPREHENSIVE TRAVEL AND ACTIVITY INSURANCE prior to participation, including coverage for:

Medical emergencies, hospitalization, and emergency medical evacuation.

Adventure and water sports activities (including free diving and snorkeling).

Trip cancellation and interruption.

Lost or damaged personal belongings.

Repatriation to country of origin.

Dip Expeditions does NOT provide medical insurance, evacuation coverage, or trip cancellation insurance for Clients. The Client is solely responsible for all costs related to medical care, evacuation, repatriation, or trip interruption, regardless of cause.

9.3 Specialized Recommendation

We strongly recommend that all Clients obtain DAN (Divers Alert Network) insurance or equivalent specialized coverage for water-based activities. For non-DAN coverage, ensure your policy explicitly covers free diving and snorkeling activities.

9.4 Proof of Insurance

Dip Expeditions reserves the right to request proof of insurance prior to the Activity. Failure to provide such proof may result in refusal of service without refund.

10. Privacy and Data Protection

Personal data collected by Dip Expeditions is processed in accordance with the Mexican Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP). Data is used solely for the purposes of providing the Services, communicating with the Client, marketing communications (where consent has been obtained), and complying with legal obligations. Data may be shared with third parties only to the extent necessary to deliver the Services (e.g., insurance providers, governmental authorities, payment processors). See our Privacy Policy for further details.

11. Minors

11.1 Age Restrictions

Clients under the age of 18 are accepted only when accompanied by a parent or legal guardian at all times during the Activity.

11.2 Parental Acceptance

The accompanying parent or legal guardian must sign this Agreement on the minor's behalf and represents that:

They have full legal authority to bind the minor to all terms herein, to the maximum extent permitted by law.

They accept all risks on behalf of the minor and themselves.

They waive all rights to sue Dip Expeditions on their own behalf and on behalf of the minor, to the maximum extent permitted by law.

They will indemnify Dip Expeditions for any claim brought by or on behalf of the minor.

11.3 Additional Documentation

Dip Expeditions reserves the right to require additional documentation, medical certifications, or proof of guardianship for minors. The Operator reserves the right to refuse participation of any minor at its sole discretion, particularly when activities involve elevated risk such as free diving.

11.4 Free Diving Restrictions for Minors

Minors participating in free diving activities are subject to stricter assessment of capability and may be limited to surface snorkeling activities at the discretion of the Operator and guides.

12. Acceptance and Electronic Agreement

12.1 Click-to-Accept

By checking the acceptance box during booking, clicking "I Agree," signing this Agreement physically or electronically, making a payment, or otherwise commencing participation in any Activity, the Client expressly acknowledges and accepts ALL terms of this Agreement, including the arbitration clause and waiver of foreign jurisdiction in Section 5.

12.2 Capacity to Contract

The Client warrants that they are at least 18 years of age (or accompanied by a parent/guardian as set forth in Section 11), have full legal capacity, and have read this Agreement in its entirety before accepting.

12.3 No Reliance on Oral Statements

This Agreement constitutes the entire agreement between the parties. No oral statements, representations, or promises made by employees, agents, or representatives of Dip Expeditions shall modify these Terms and Conditions. Specifically, statements such as "you'll be fine" or "this is safe" made by crew members shall not be interpreted as modifying the assumption of risk and waiver provisions herein.

13. Severability

If any provision of this Agreement is found to be unenforceable, illegal, or invalid by a competent tribunal, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect. Specifically, if the arbitration clause in Section 5.2 is found unenforceable in any jurisdiction, the Client agrees that exclusive jurisdiction shall be the competent courts of San José del Cabo, Baja California Sur, Mexico, under Mexican law.

14. Modifications

Dip Expeditions reserves the right to modify these Terms and Conditions at any time. The version in effect at the time of booking shall apply to that booking. Continued use of the Services after modification constitutes acceptance of the modified terms.

15. Contact

For questions regarding these Terms and Conditions, please contact:

Matías Rivero García Rojas

Operating as: Dip Expeditions

San José del Cabo, Baja California Sur, Mexico

Email: contact@dipexpeditions.com