Terms and Conditions

Kaya Digital Nomads S.A. (Kaya Nosara Boat Tours) - Release of Liability

Safety is a top priority for us.
By signing our Release of Liability you agree that you know there are risks involved with sailing, and you hold the releasees, which include, but are not limited to, all of our crew, partners, and owners harmless in case of accident, injury, damage to property, or death.

Damage and Reparations Clause

In order to maintain the integrity and operational efficiency of our charter experiences, clients are required to handle all boat equipment and facilities with care. This includes, but is not limited to, the boat's structural elements, plumbing system, snorkel equipment, towels, and pillows. Prohibited actions include the disposal of any sanitary products, non-biodegradable materials, or foreign objects in the boat's toilet systems, as well as any other activities that may cause damage to the boat’s equipment or structure.

Responsibility for Damages: Clients are responsible for any damages caused by negligence or non-compliance with our guidelines. This responsibility extends to all provided equipment and boat facilities.
Repair Costs: Clients will be charged for the full cost of repairs needed for any damages incurred, including parts and labor. Additionally, if such damages lead to the cancellation of subsequent tours, clients can also be charged for the loss of income based on our average daily earnings.
Notification of Additional Fees: An itemized invoice detailing the repair costs and any associated loss of income will be provided to the client should damages occur.
Payment Terms for Damages: Payment for any damages is required within 5 business days from the issuance of the invoice. Failure to make timely payments may result in additional late fees and/or legal action to recover the costs.

Legal and Binding Agreement

• I hereby agree as follows: To waive any and all claims that I have or may in the future have against Kaya Digital Nomads S.A., its members, directors, officers, employees, agents, and/or servants, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspects of my experience on the yacht or the use of equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance, inspection, service, or repair of equipment, or in respect of the provision of or the failure to provide any warnings, direction, instructions, or guidance as to the use of the equipment and yacht.

• This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity;

• This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Costa Rica and no other jurisdiction;

• Any litigation involving the parties to this Agreement shall be brought solely within Costa Rica.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND SIGN IT FREELY, VOLUNTARILY, AND WITH KNOWLEDGE OF ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS THAT HEIRS OR MY NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, AND/OR I MAY HAVE AGAINST THE RELEASEES.