LEGAL

Terms & Conditions

IMPORTANT NOTICE: Guests are advised to carefully read the Terms & Conditions of the Guest Ticket Contract set forth below which affect your legal rights and are binding. Acceptance or use of this Contract shall constitute the agreement of Guest to these Terms & Conditions.

GUEST TICKET CONTRACT

Definitions: This Contract is between the Carrier and the Guest. The word “Carrier” means Francis Drake, S.A, organizer of the Boat Trip (brand name). The “Guest” is each passenger whose name appears in the booking, and/or who uses the ticket for passage on the voyage described in the ticket.

The Contract: The Guest agrees that this Contract governs the relationship between the Guest and the Carrier, regardless whether the Guest purchased the ticket on his or her own behalf, and/or whether the ticket has been held and/or presented by another person on behalf of the Guest. The Guest agrees that this Contract constitutes the entire agreement between the Guest and Carrier, to the exclusion of any prior representations that may have been made in relation to the boat to the Guest or anyone representing him/her by anyone, including but not limited to in the Carrier’s brochures, advertisements, and other promotional materials, or by third persons such as travel agents. No person other than the person(s) named in the Guest Ticket Contract can use the Guest Ticket Contract without the express written agreement of the Carrier. This Contract is only valid for the boat specified in the accompanying ticket. The Guest acquiesces to the terms herein upon payment or, at the latest, upon presenting this Contract to the Carrier for boarding. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and all concessionaires, independent contractors or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees.

Terms of Fare: (a) Items Included in Fare: The fare paid by the Guest for this ticket includes transportation on the vessel named herein, but does not include drinks, nor expenses incurred for other incidental or personal services/purchases. If governmental or quasi-governmental action results in any element of taxes and fees exceeding the estimates used by Carrier for purposes of computing the quoted amount, Carrier reserves the right to pass through the extra amount. The Guest agrees that the Carrier shall not be liable to make any refund to the Guest for tickets that are wholly or partially unused by the Guest except as otherwise expressly stated in this Contract, any law or government regulation to the contrary notwithstanding. Refunds shall be made as specified herein and in the cancellation policy section of the Terms and Conditions of the boat brochure, which policy is incorporated herein by reference. (b) Upgrades/Errors: Carrier reserves the right to collect the fare in effect for the trip selected by the Guest. Carrier shall not be obligated to honor any booking resulting from, nor shall be responsible or liable whatsoever in connection with, misprints or errors of any kind, whether in brochures, advertisements, on the Internet, during the booking process or otherwise, that result in Guest being undercharged for the boat trip. Carrier reserves the right, prior to sailing, to collect the correct fare or cancel the booking and refund any payment made by Guest. (c) Service Charges: are included in the price.

Carrier’s Rules and Regulations. (a) Guest’s Agreement: The Guest agrees to abide by the rules of the Carrier, including, but not limited to, the rules and regulations particularly set forth below, and to follow the lawful instructions of the vessel’s officers and crew, at all times. The Guest accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary disembarkation without liability to the Carrier for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s), whatsoever. The Master is by law and under International Treaties fully entitled, in any circumstances of need or danger and, in particular, where reasons of safety of the ship, passengers and/or the ship’s crew so advise, to assist and tow other vessels, deviate from the scheduled route, call at any port, transfer passengers and luggage to another ship, refuse the embarkation of anyone whose health does not, in his view, allow them to go on the boat, disembark during the boat anyone whose health does not, in his view, allow them to continue on the boat or, in general, anyone posing a safety hazard for the ship or the other passengers, and anyone engaging on board the ship in any business or other activity in breach of the company’s policies regarding passenger behavior on board and specifically the boat company’s conduct policy. All passengers shall submit to the Master’s discipline, in particular in regard to all navigation or safety matters on board the ship. The passenger agrees at all times to abide by the orders and directions of the Master of the ship and the ship’s personnel. The refusal to abide by these orders or directions may result in immediate termination of the trip, in which case the passenger shall bear any cost arising from that breach. (b) Carrier’s Right to Refuse or Revoke Passage: The Guest recognizes and agrees that the Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage and/or deny any advertised benefit or service to any Guest who, in the sole judgment of the Carrier or the vessel’s medical personnel may be suffering from a contagious disease, or for any other cause may endanger themselves or others, or become obnoxious to others. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this section shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier. Guest acknowledges that it is Carrier’s policy that all Guests must be onboard the vessel 30 minutes prior to the departure time noted on their boat documents and agrees that it is the Guest’s responsibility not to miss such final boarding time. Any Guest who fails to board the vessel (insert time) prior to departure is at risk of being left at the port of embarkation or port of call. In such event, Carrier shall have the right without notice to depart without the Guest. In such event, Guest shall be entitled to no refund and shall be deemed to have breached this Guest Ticket Contract. Further, in such event, the entire fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable by Guest. (c) Forbidden Articles: The Guest agrees not to bring on board the vessel, under any circumstances, any illegal drugs, any firearms or weapons of any kind, ammunition, explosives, or other substances of a dangerous nature, nor animals of any kind, except service or guide animals, provided that the Guest notifies the Carrier, prior to the boat trip, of the Guest’s intention to bring such animal and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. The Guest further understands and agrees that any alcoholic beverages purchased ashore shall not be brought or consumed aboard the vessel under any circumstances. (d) Safety rules: The passenger must behave in a manner that does not compromise the safety, peace and enjoyment for other passengers, and conduct himself in accordance with reasonable standards of care and exercising prudent judgment and will observe the administrative and statutory provisions in relation to the package and, specifically, the conduct policy. The passenger shall not bring aboard the ship any merchandise, alcoholic beverages, live animals (except for recognized guide dogs for visually impaired persons), weapons, ammunition, explosives and flammable, toxic or hazardous substances without the Organizer’s written consent. The passenger shall be liable for damages and losses to the Organizer and the ship as a result of the Passenger’s willful misconduct or negligent or wrongful conduct. (e) Special Medical Care; Fitness to Travel: The Guest acknowledges that medical care while on a boat ship may be limited or delayed and that the vessel may travel to destinations where medical care is unavailable. Therefore, the Guest warrants that the Guest and those for whom the Guest is responsible are fit to travel. Any condition of the Guest that may require special attention, accommodation or treatment of any kind must be reported to the Carrier when a reservation is requested. The Carrier reserves the right to refuse or revoke passage to anyone who fails to notify Carrier of any physical or emotional condition which may require special assistance or accommodation, or who is, in the sole judgment of the Carrier or vessel’s medical personnel, as a result of such condition, unfit for travel, or who may require care, treatment or attention beyond that which the Carrier can provide. In such circumstances the Carrier shall have no liability to the Guest whatsoever. (f) Liability of the Guest: The Guest shall be liable to and shall reimburse Carrier for all damages or loss of or to the vessel and its furnishings and any equipment or property of the Carrier or any other Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest. The Guest shall further indemnify the Carrier and each and all of their agents or servants for all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest or those for whom the Guest is responsible.

Limitations and Disclaimers of Liability: (a) The Carrier disclaims all liability to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind not resulting from a physical injury to that Guest, from that Guest having been at risk of actual physical injury, or intentionally inflicted by the Carrier. (b)

Risk of Travel: The Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances that may be beyond the ability of the Carrier to reasonably control or mitigate. The Guest’s understanding includes all risks of travel, transportation, and handling of Guests. The Guest therefore assumes the risk of and releases the Carrier from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of the Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law; piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of the crew; seizure of the vessel by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier’s control. Under any such circumstances the boat trip may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a refund or otherwise.

Severability: Should any provision of this Contract be deemed invalid for any reason, the Guest agrees that said provision is deemed to be severed from this Contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
Venue and Governing Law: This Contract shall be governed in all respects by the Panamanian law and European directives, and submitted to the courts of the Republic of Panama.

Cancellation (a) by the Guest: following fees apply:

Use of Guest Likeness: The Guest consents to Carrier’s use and display of the Guest’s likeness in any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation or liability of any kind.

Drugs: It is strictly forbidden to bring drugs or other illegal substances on board. Passengers that are found with drugs, or that need medical assistance due to drugs, will be disembarked from the ship as soon as possible. This decision is taken under the captain’s authority. No refund can be claimed by the passenger in such case.

IMPORTANT NOTICE: Guests are advised to carefully read the terms and conditions of the Guest Ticket Contract set forth below which affect your legal rights and are binding. Acceptance or use of this Contract shall constitute the agreement of Guest to these Terms and Conditions.

Privacy Policy

This Website collects some Personal Data from its Users.

OWNER AND DATA CONTROLLER

Francis Drake Inc.

Amador Peninsula, Panama City, Republic of Panama.Owner contact email: info@blackmagicpanama.com

TYPES OF DATA COLLECTED

Among the types of Personal Data that this Website collects, by itself or through third parties, there are: email address; Cookies; Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.

Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.

MODE AND PLACE OF PROCESSING THE DATA

METHODS OF PROCESSING THE DATA

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

LEGAL BASIS OF PROCESSING

The Owner may process Personal Data relating to Users if one of the following applies:

Users have given their consent for one or more specific purposes. Note: Under some legislation the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law; provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

PLACE

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

RETENTION TIME

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

THE PURPOSES OF PROCESSING

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: User database management, Analytics, Backup saving and management, Remarketing and behavioral targeting, Interaction with external social networks and platforms, Displaying content from external platforms, Hosting and backend infrastructure and Heat mapping and session recording.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

DETAILED INFORMATION ON THE PROCESSING OF PERSONAL DATA

Personal Data is collected for the following purposes and using the following services:

Analytics
Backup saving and management
Displaying content from external platforms
Heat mapping and session recording
Hosting and backend infrastructure
Interaction with external social networks and platforms
Remarketing and behavioral targeting
User database management

THE RIGHTS OF USERS

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

DETAILS ABOUT THE RIGHT TO OBJECT THE PROCESSING

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

HOW TO EXERCISE THESE RIGHTS

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING

LEGAL ACTION

The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

ADDITIONAL INFORMATION ABOUT USER’S PERSONAL DATA

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

SYSTEM LOGS AND MAINTENANCE

For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.

INFORMATION NOT CONTAINED IN THIS POLICY

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

HOW “DO NOT TRACK” REQUESTS ARE HANDLED

This Website does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

CHANGES TO THIS PRIVACY POLICY

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Website and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Refund Policy

All sales are final. Black Magic reserves the right to cancel or reschedule trips at any time without prior notice and deny service to any person(s) for any reason whatsoever. Tour schedules are subject to change for any reason at any time. If the trip is rescheduled for any reason, including due to a rain-out, this ticket will be valid for the rescheduled trip date and time, and the ticket holder will not be entitled to a ticket exchange or refund for any reason. If the trip specified on this ticket is canceled in its entirety and not rescheduled, this ticket must be presented in person for a full refund of the face value of the ticket only.