Terminos y condiciones

Contents

These Terms & Conditions (“Terms”) govern your use of the Freefall Academy website located at www.freefallacademy.net (the “Site”) and all services, trips, tours, expeditions and courses operated by Freefall Academy (“we”, “us”, “our”).

By using the Site, booking any service with us, or taking part in any of our activities, you agree to these Terms together with our Privacy Policy. If you do not agree, you must not use the Site or our Services.

1. DEFINITIONS

  • Freefall Academy: the company that operates tours, courses and expeditions.
  • Site: our website and any associated page, form or content.
  • Services: any service we offer, including Day Tours, Freediving Courses, Local Expeditions, Private Expeditions, International Expeditions, trainings, workshops and related activities.
  • Day Tours: single-day trips (whale watching, ocean safaris, try-freediving experiences, etc.).
  • Freediving Courses: structured freediving education (AIDA 1, AIDA 2, AIDA 3, etc.).
  • Local Expeditions: multi-day trips within Mexico.
  • Private Expeditions: custom itineraries or boats reserved exclusively for one group.
  • International Expeditions: multi-day trips outside Mexico (for example, Bahamas, Secret Island).
  • Guest, Student, Participant, you: any person who uses the Site, books, pays for, or takes part in our Services.
  • Material: any text, image, video, audio, code or content on the Site.
  • Force Majeure: events beyond our reasonable control (see 9.5.11).

Headings are for convenience only and do not affect interpretation.

2. AGREEMENT & SCOPE

2.1 By accessing the Site or booking a Service, you confirm that you have read and understood these Terms, that you agree to follow them, and that you have the legal capacity to enter into binding agreements.

2.2 These Terms apply to use of the Site, to all bookings (web, email, WhatsApp, phone or third-party platforms) and to all participation in Freefall Academy activities, in Mexico or abroad.

2.3 If these Terms conflict with the specific policy of a trip or product (brochure, trip page, booking email), the specific policy prevails for that service.

3. SITE USE

3.1 You agree to use the Site lawfully and not to:

  • Interfere with its operation or servers
  • Circumvent security measures
  • Upload malicious code
  • Copy or reproduce content without our written permission

3.2 The Site may link to third-party websites. We do not endorse or guarantee their content, services or privacy practices. You visit them at your own risk.

3.3 We try to keep information up to date, but we cannot guarantee that dates, prices or content on the Site are always current. Please confirm details in your trip materials or by contacting us.

4. GENERAL SERVICE CONDITIONS

4.1 Right to refuse service. We reserve the right to refuse Service to anyone, at any time, for safety, behavioral, capacity or operational reasons.

4.2 Instructor discretion. Our instructors and guides may stop all or part of a Service if necessary for safety, wellbeing, inappropriate behavior, or compliance with legal or ethical rules.

4.3 Eligibility & age. Unless stated otherwise, all participants must be at least 18 years old. We may ask for proof of age. Minors may only take part with our prior approval, with the liability release and medical forms signed by a parent or legal guardian, and with that adult present during the whole activity and responsible for the minor. We may refuse a minor’s participation if these conditions are not met.

4.4 Prerequisites. You are responsible for meeting the requirements of each trip or course (swimming ability, certification level, minimum experience). Failure to meet them may result in removal without refund.

5. BOOKING PROCESS

5.1 You may book through Site forms, email, WhatsApp, third-party booking platforms or direct contact with us.

5.2 A booking is confirmed only when we send you written confirmation and the required deposit is paid.

5.3 Payment methods, amounts and due dates are in your invoice, booking email or trip materials. Depending on the payment method there may be extra fees (bank, transfer, card or currency conversion). These fees are always clearly shown before you pay and are your responsibility, unless stated otherwise.

6. MEDICAL, RELEASE & HEALTH REQUIREMENTS

To take part you must meet the following, depending on the type of service:

6.1 Medical form. It is required only for Freediving Courses and, for expeditions (local or international), only for participants over 50 years old. It is not required for Day Tours. You must complete it honestly. If you answer “no” to all conditions, you may take part. If you answer “yes” to any, you must provide a letter from your doctor confirming you are fit to participate.

6.2 Liability release & assumption of risk. It applies to any Freefall Academy activity, whether a Day Tour, course or expedition. You must sign it before joining. If you refuse, you will not be able to take part and no refund will be given.

6.3 Health regulations. You must meet current local and international health requirements (for example, vaccinations or travel restrictions). If you cannot join because you do not meet them, our cancellation policies apply.

6.4 Accuracy. Giving false, incomplete or misleading information may result in cancellation of your booking and loss of payments made.

7. WILDLIFE POLICY (ALL SERVICES)

7.1 Natural environments. Our activities take place in natural habitats. Animals are free, wild and unpredictable. We design trips around seasonal and migration patterns, but we never guarantee sightings or encounters.

7.2 Ethical encounters. It is not ethical to promise specific behavior or encounters. We do not bait, chase or harass animals.

7.3 Respect & safety. By booking you agree to follow the wildlife respect guidelines in your briefing, not to touch, chase, ride or block animals, to keep the minimum approach distances, and to follow your guide’s instructions immediately if an animal’s behavior changes.

7.4 No refunds for variability. Wildlife presence, behavior and quality of encounters vary. We do not guarantee species, group sizes or underwater behavior, and no refunds or discounts are given for that variability.

7.5 Legal compliance. We operate under Mexican laws and regulations (including NOM standards) and local codes of conduct. If authorities impose restrictions or close areas, we comply; this may affect activities and does not entitle you to a refund.

7.6 Guide instructions to protect animals. If a guide says that, out of respect for or for the safety of an animal, you must not freedive, enter the water or approach, you must follow it immediately. If you do not follow the instruction, you will be warned each time. The third time you do not follow it, you will not be allowed back in the water that day. Afterward we will talk with you so you understand the reason. If you understand and commit to follow instructions, you may keep taking part. If not, we may remove you from the activity or expedition, without refund.

8. RESPECTFUL CONDUCT & PROTECTION AGAINST HARASSMENT AND ABUSE

At Freefall Academy we do not tolerate harassment, sexual abuse or any form of violence or intimidation. We want everyone, and especially women traveling alone or in a group, to feel safe on every trip.

8.1 What is not allowed. Sexual harassment or abuse of any kind is prohibited, including touching or physical contact without consent, unwanted sexual comments or advances, insisting after a “no”, taking photos or videos of another person without their permission, intimidation, threats and discrimination. This applies toward anyone: other participants, the Freefall Academy team, guides and crew, hotel and operator staff, and people in local communities. Alcohol or drugs are no excuse.

8.2 Your commitment. By booking or joining any Service you agree not to harass or abuse anyone. You understand that consent must be clear and freely given, and that it can be withdrawn at any time.

8.3 How to report. Anyone can report conduct to us by WhatsApp or by email at hola@freefallacademy.net. We will take the report seriously and treat it confidentially. There will be no retaliation against anyone who reports in good faith. You will not have to confront the person involved.

8.4 What we can do. After a report we may act immediately and at our sole discretion, without waiting for a formal complaint or a decision by the authorities, to protect participants. We may speak with the people involved, separate them (change rooms, boat seating or group), suspend participation while we clarify what happened, and remove the person involved from the activity or expedition, without refund. The removed person is responsible for getting home and for those costs. When appropriate, we will notify operators, hotels and local authorities, and support anyone who needs help filing a complaint. We assess each case carefully and with respect for all parties.

9. POLICIES BY CATEGORY

Below are the general policies by type of service. A specific trip may have additional terms in its own materials.

9.1 DAY TOURS (Mexico)

Examples: gray whale tours, ocean safaris and freediving training.

9.1.1 Cancellation by the guest

  • Full refund if you cancel 14 days or more before the tour date.
  • If you cancel less than 14 days before: 50% refund if you cancel up to 7 days before the tour. At our discretion, we may allow a reschedule within the next 12 months, subject to availability, or try to resell your spot. If it is resold, a partial or full refund may be offered; if not, there is no refund.
  • No refunds within 7 days of the tour.

9.1.2 Rescheduling

  • With 14 days or more notice: you may reschedule within the same calendar year, subject to availability.
  • With less than 14 days notice: rescheduling is at our discretion only.

9.1.3 Weather and operational cancellations

If we cancel because of unsafe weather, sea state, mechanical issues or other operational reasons, we will offer you the next available date. If you cannot attend that date, you may use your payment as a deposit for another trip or request a refund. If a tour day is modified for safety (shortened, delayed or moved to more sheltered areas), that does not entitle you to a refund.

9.1.4 Late arrival

There is a 15-minute grace period on the day of the tour. After that, the boat departs out of respect for other guests and for safety. No refunds or credits are given for missed departures due to late arrival. Planning your transportation and arrival time is your responsibility.

9.1.5 Minimum participants

Some activities need a minimum number of participants to run safely and sustainably. If it is not reached, we will let you know as soon as possible and offer one of these options: (1) join by covering the cost difference needed; (2) move your booking to another date that already has enough participants, subject to availability; or (3) if neither works for you, we cancel the activity and refund the full amount paid to Freefall Academy for that service.

Freefall Academy is not responsible for external costs such as flights, accommodation, transportation or lost work days caused by a cancellation for insufficient participants. For this reason we recommend travel insurance that covers trip interruption or cancellation.

9.2 FREEDIVING COURSES (AIDA, in Mexico)

Examples: AIDA 1 “Discover Freediving”, AIDA 2 “Beginner Freediver”, AIDA 3, etc.

9.2.1 Cancellation by the guest

  • Full refund if you cancel 60 days or more before the course start date.
  • If you cancel less than 60 days before, we will try to resell your spot. If we do, you may receive a partial or full refund, at our discretion. If not, there is no refund.

9.2.2 Rescheduling

  • With 50 days or more notice: you may reschedule to another date within the next 12 months, subject to availability.
  • With less than 50 days notice: rescheduling is at our discretion only.

9.2.3 Weather and operational changes

In courses that combine shore sessions and boat days, if sea or weather conditions force us to switch to shore dives, change location or adjust timing, that is not grounds for a refund. Safety-driven changes are the decision of the instructor and captain.

9.2.4 Late arrival

There is a 15-minute grace period on the day of the course. After that, the boat departs. No refunds or credits are given for missed departures due to late arrival.

9.2.5 Minimum participants and water access

Water access (shore or boat) depends on the number of participants.

  • AIDA 1 (with depth option): with 1 to 4 participants the course runs as scheduled and depth training is from shore, without a boat. With 5 or more, we charter a boat for the depth session.
  • AIDA 2, 3 and 4: minimum 3 participants. With exactly 3, the course includes 2 open-water depth sessions: 1 shore day and 1 boat day. With 4 or more, it includes 2 boat days, for better progression and logistics.

If the minimum is not reached, you are offered to pay the difference to run the course with fewer participants, to reschedule to a future date, or to receive a refund of what you paid for the course (not including external expenses such as travel, flights or lodging).

Shore sessions require a 300 to 500 m swim to reach sufficient depth. By enrolling you agree that you are able to swim this distance.

9.3 LOCAL EXPEDITIONS (Mexico)

Examples: multi-day mobula expeditions, marlin expeditions in MagBay, Baja Odyssey and other multi-day trips within Mexico that are not private.

9.3.1 Booking and payments

  • A deposit is paid to reserve your spot. The amount is in the trip materials.
  • The rest of the payment is due 90 days before the expedition start date, unless the materials say otherwise.
  • If a payment is not received on the agreed date, we will let you know. If 7 days pass without payment, we will remind you again, and if another 7 days pass (14 in total) without payment, your spot is released to someone else without refund.

9.3.2 Cancellation by the guest

All cancellations must be sent in writing to hola@freefallacademy.net. The date we receive it counts.

  • 180 days or more before the start (six months): full refund of what you paid, including the deposit.
  • 179 to 90 days before: refund of what you paid, minus the deposit, which is no longer refundable.
  • Less than 90 days before: we will try to resell your spot. If we do, you may receive a partial or full refund (without the deposit). If we cannot resell it, no refund applies.
  • Refunds are reduced by processing fees already paid to third parties.

9.3.3 Transferring your spot

You may transfer your spot to another person who meets the trip requirements, at no cost, up to 7 days before the start. You must let us know in writing by email with the person’s details.

9.3.4 Weather, flights and lost days

  • If a day or activity is canceled because of weather, strong winds, unsafe sea state or unforeseen conditions, we will try to move to more sheltered sites or alternative land activities. There are no refunds or partial refunds for lost or modified days.
  • If your flight is delayed or canceled, you may join the expedition when you arrive. We do not refund lost days or cover extra transportation.

9.3.5 Minimum participants

Most expeditions require a minimum of 3 to 4 participants, stated in the trip materials. If we cancel because it is not reached (normally with at least 60 days notice), you may choose to reschedule to a future date or receive a full refund of the payments made to Freefall Academy, minus processing fees if any.

9.4 PRIVATE EXPEDITIONS

These are custom itineraries or full boats reserved exclusively for your group.

9.4.1 Payment terms

  • The deposit and payment plan are agreed case by case with your group and confirmed in writing before booking.
  • Transfer or processing fees are your responsibility.

9.4.2 Cancellations

There are no refunds for cancellations by the client.

If we cancel because of Force Majeure (for example, a hurricane), we offer you a full credit to use within the next 12 months.

9.5 INTERNATIONAL EXPEDITIONS

Examples: the Secret Island whale expedition, dolphin expeditions in the Bahamas, and any multi-day trip outside Mexico.

We are a small company. These expeditions depend on operators, hotels, airlines and local rules in other countries, and their suppliers almost never refund us if something changes. That is why these policies are stricter than those for our trips in Mexico.

9.5.1 Booking and payments

  • Deposit. The deposit reserves your spot and is non-refundable.
  • Payments. The rest is paid on the dates or installments shown in your booking. The final payment is due no later than 90 days before the trip start date.
  • Late payments. If a payment is not received on time, we will let you know. If 7 days pass without payment, we will remind you again. If another 7 days pass (14 in total), your spot is released to someone else (no refund).
  • Fees. Depending on the payment method there may be extra fees. They are always clearly shown before you pay and are your responsibility.
  • Dates and times. All dates and times in the materials are local time at the destination, unless stated otherwise. Please check the dates carefully: because of time zone differences or crossing the International Date Line, the days you need to travel may not match the trip dates.
  • Accuracy of information. Prices, inclusions, dates and room options are in the trip materials (PDF, trip page or official email). Those materials, together with these Terms, are the complete agreement.

9.5.2 What is included and what is not

What is included is specified in the trip materials. Anything not expressly included is not in the price. Flights are not included.

9.5.3 Travel documents, entry and flights

  • You are responsible for a valid passport (with the minimum validity the destination requires), visas, entry and transit requirements, and a return or onward ticket if the country requires one.
  • We ask that you do not book flights until we confirm the schedule. In the pre-trip handbook we give recommendations. We are not responsible for schedule changes, missed connections or flight costs.
  • Some destinations have very few flights. Missing a flight can mean waiting a week or more, at your cost.

9.5.4 Travel insurance (required)

  • Comprehensive travel insurance is required, including medical expenses and emergency medical evacuation. We also recommend covering trip cancellation and interruption, and luggage.
  • You must send us proof of your insurance no later than 30 days before the trip. Without proof, you will not be able to take part and there will be no refund.
  • We are not responsible for costs resulting from not having adequate insurance.

9.5.5 Health, fitness and water skills

  • If you are over 50 years old, you must complete the medical form (6.1) and provide a letter from your doctor if any answer requires it. False information may result in your removal from the trip without refund.
  • You must sign the liability release (6.2) before joining the activities.
  • For the whale expedition you must be a confident snorkeler and comfortable swimming at least 100 meters in open ocean. With whales it is snorkel only; freediving with whales is not allowed. On reefs, snorkeling and freediving are free when the guide says so.

9.5.6 Wildlife, local rules and operators

  • Wildlife encounters are never guaranteed. A whale, dolphin or other animal may not appear, may stay far away, or may move away.
  • Licensed local operators and the country’s rules (including how many people may enter the water and the distance kept from animals) take priority over any itinerary. The guide may stop or change any swim for safety or to protect the animals.
  • There are no refunds or discounts for wildlife variability or for sessions that do not take place because of weather, sea state or operator decisions. We will try to reschedule them within the trip dates.

9.5.7 Remote destination

You understand that an international destination can be remote, with limited medical care, communications and flights. Medical evacuation and its costs are your responsibility; that is why insurance is required.

9.5.8 Itinerary changes

We may change activities, schedules, locations, operators or the order of events because of weather, safety, mechanical problems, local regulations, operational needs or circumstances beyond our control. These changes do not entitle you to a refund.

9.5.9 Cancellation by the participant

All cancellations must be sent in writing to hola@freefallacademy.net. The date we receive it counts.

  • The deposit is never refundable.
  • 180 days or more before the start (six months): we refund everything you paid, minus the deposit and processing fees already paid to third parties.
  • Less than 180 days before: payments are non-refundable.
  • Resale of the spot. In any case we will do everything we can to sell your spot. If we do, we may refund your deposit and the payments you made, at our discretion and minus fees. If it is not sold, there is no refund.
  • Transferring your spot. You may transfer your spot to another person who meets the trip requirements, at no cost, up to 7 days before the start, by letting us know in writing by email with their details.

9.5.10 Cancellation by Freefall Academy

  • Minimum participants. Each trip states its minimum in the materials. We will decide whether the trip runs no later than 150 days before the start date. To date we have not canceled any international expedition.
  • If the trip does not run because of insufficient participants, you may choose a full refund of all payments made to Freefall Academy, or transfer your payments to another date within 12 months, subject to availability.
  • We are not responsible for flights or other costs you bought on your own.
  • We are not responsible for currency fluctuations. Any refund is made for the same amount received, regardless of the exchange rate.

9.5.11 Force Majeure

  • Definition. An event beyond the reasonable control of Freefall Academy, including natural disasters (hurricanes, tropical storms, floods, earthquakes, volcanic activity), extreme weather or sea conditions, war, terrorism, strikes, riots, pandemics, government restrictions, border closures, an operator’s failure, or any circumstance that makes the trip unsafe, unlawful or impossible.
  • Before the trip starts. If because of Force Majeure we cannot run the trip before it begins, we will give you new date options, proposed by us, within the next 12 months.
  • During the trip. If the trip is interrupted, canceled or modified during the expedition, we only refund the costs that our operators and suppliers refund to us, minus processing fees. What they do not refund to us is not refundable.
  • No responsibility for external costs. We are not responsible for expenses you incurred for the trip, such as flights, hotels, visas, gear, lost income or claims with insurers.
  • Insurance. That is why travel insurance is required. If you do not cover cancellation and interruption, you bear the financial losses of a Force Majeure event.

9.5.12 Code of conduct

Guests must follow the instructions of guides and crew, respect wildlife (no touching, chasing or harassing), act safely toward themselves and others, refrain from illegal drugs and excessive alcohol, and treat staff, other guests and local communities with respect. Section 8 also applies. We may remove any participant whose behavior is unsafe or disruptive, without refund.

9.5.13 Limitation of liability

To the maximum extent permitted by law, Freefall Academy is not liable for injury, illness or death; loss of or damage to personal property; delays or cancellations; acts or omissions of third-party operators; or weather, wildlife or environmental conditions. Our total liability will not exceed the amount paid to Freefall Academy for the trip.

10. ASSUMPTION OF RISK & SAFETY

By taking part in any Freefall Academy Service, you acknowledge and agree to the following.

10.1 Inherent risks. Ocean and wildlife activities involve natural and unavoidable risks, including injury, illness, drowning or accidents; strong currents, waves or changing weather; boat-related risks; equipment failure; wildlife encounters and unpredictable animal behavior; and environmental hazards such as sharp coral, jellyfish or debris. You understand these risks and choose to take part voluntarily.

10.2 Safety instructions. You agree to follow all briefings, rules and guidance from instructors, captains and guides; to use appropriate equipment and behave respectfully toward the marine environment; and to prioritize your physical limits and tell us about any discomfort or concern. Not following instructions can greatly increase risk.

10.3 Right to remove participants. Freefall Academy may, at its sole discretion, remove or exclude any participant from an activity, without refund, if their behavior poses a safety risk to themselves or others, endangers wildlife, affects the group’s experience, violates ethical wildlife guidelines, or involves intoxication or impaired judgment.

10.4 Equipment use and damage. If we provide or rent equipment (masks, snorkels, fins, wetsuits, weight belts, life jackets, flotation devices, cameras, GoPros, lights or other), you agree to use it responsibly and only for its purpose, return it in the same condition, and not modify or misuse it. You are responsible for any loss, theft, damage or breakage while it is in your possession. Replacement or repair value is set by brand, model and current market price plus shipping, and must be paid the same day the damage occurs. We may refuse your participation until it is settled.

11. INTELLECTUAL PROPERTY

All content on the Site and in our materials (text, logos, photos, videos, design) is owned by or licensed to Freefall Academy. You may view it for personal, non-commercial use. You may not copy, redistribute, modify or use it for commercial purposes without our written permission.

12. PHOTOS, VIDEO & USER CONTENT

12.1 Media use. We may take photos and video during our Services. Unless you opt out in writing before the trip, you give us permission to use images or video of you for promotional and educational purposes (website, social media, presentations). We will use them respectfully.

12.2 Comments and feedback. If you send us feedback, testimonials or suggestions (by email, direct message or any other way), you give us a non-exclusive right to use, reproduce and adapt them for marketing and communication, unless you clearly ask otherwise.

13. INDEMNITY

You agree to indemnify and hold harmless Freefall Academy, its owners, staff, guides and partners from any claim, loss, damage, cost or liability arising from your breach of these Terms, your behavior during activities, or your use of the Site or Services.

14. CHANGES TO THESE TERMS

We may update these Terms from time to time. Changes take effect when published on the Site. If you keep using the Site or Services after a change, you accept the updated Terms. For a booking you have already paid, the Terms in force on the day you paid apply, unless the change benefits you.

15. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of Baja California Sur, Mexico. Any dispute will be submitted to the competent courts of Baja California Sur, unless applicable law requires a different jurisdiction.

16. ACCEPTANCE

By visiting our Site, booking any Service, paying any part of the cost of a trip, or taking part in any activity with Freefall Academy, you confirm that you have read, understood and agree to these Terms & Conditions.

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