Terms of Service All the visitors of our sites on the world wide web adhere to the following rules and regulations for the services offered and provided by Blue Bayou, S.A., which is a company established under the laws of Guatemala, Central America. By accessing the site you indicate your acknowledgment, acceptance and eventual submission of these terms and conditions.
1. DEFINITIONS. For purposes of the interpretation and legal application of these Terms of Service, the following definitions shall apply:
a. BLUE BAYOU. Blue Bayou, Sociedad Anónima, a company which provides the services in Guatemala, established under the laws of Guatemala.
b. TERMS OF SERVICES. Rules and Regulations for the services offered by Blue Bayou that apply to all users and customers.
c. CONTRACT. A negotiated and legally enforceable understanding between the parties. Also, agreement.
d. USER. Any entity or person that consumes, uses or asks for information related to Blue Bayou.
e. CONSUMER. Any entity or person that hires, consumes or employs a good or service provided or offered by Blue Bayou.
f. THE PARTIES. Blue Bayou and consumer(s).
2. LAW, REGULATIONS AND JURISDICTION / GOVERNING LAW. Users of this site and any contracting party agree to submit to the laws of Guatemala, Central America, without regard to conflicts or laws principles, expressively waives the jurisdiction of their domicile and they submit to the Guatemalan jurisdictional authority
3. CONTRACT AND AGREEMENTS. All customers must sign a legal contract once they arrive to Guatemala. This agreement shall contain all the specific rights, obligations, fees and conditions governing the contractual relationship between the parties. The contract will be signed in English. The contract will include the acceptance of these terms of service. Each party shall receive an identical copy of the signed contract.
4. CHANGES TO RULES AND REGULATIONS. Blue Bayou, S.A. reserves the right to revise these rules and regulations at any time and users or eventual contracting parties are dimmed to be informed and bound by any changes to these Rules and Regulations.
5. TRANSMISSION OF PERSONAL DATA
6. EQUIPMENT [PACKING LIST]
Fly Fishing Anglers- Flies, Tippet, Hooks (unless lodge agrees to provide). Reels & Rods (unless rented).
Conventional Anglers- We do provide equipment, but you're welcome to bring your own gear (fighting belts, reels, rods, etc).
Not included in packages (but available for purchase): Sun block, bug spray, condioner, shaving kits, headache medicines.
We suggest you bring: Long sleeved boating shirt, swim suite, hats, sunglasses, boat shoes or sandals and spending money. We DO include a laundry service, pack lean!
Blue Bayou Lodge includes air port pick up, drop off AND daily marina runs. Added transport for delayed flights is EXTRA. Flights out early in the AM that require transports after fishing is EXTRA. We try to time our logistics for mid day arrivals and departures.
Lodging is included with online packages. Deals vary for private or shared rooms. Outside lodging such as hotels will require the guest to settle this on his or her own. Hotels rooms for early flight departures are the guest responsibility to pay.
9. PHYSICAL CONDITION
We ask that any medical requirements be stated on day one, and in general you should be proper physical shape to perform LOTS of reeling! As well as heat, potential rough seas, etc. This is an active sport and requires active anglers.
10. LAWS AND REGULATIONS APPLICABLE FOR FISHING IN GUATEMALA
Billfish are catch and release ONLY in Guatemala, the Captain and crew have the right to release all fish without a single one leaving the water. However, we will allow the first couple of fish to be carefully removed for a few seconds photo shot. Marlin NEVER leave the water period (go pro stick). Table fare fish: Mahi Mahi, Tuna, Wahoo, can be boated for later consumption. Unless asked, we assume all the catch is to stock the lodge.
11. FEES AND FORMS OF PAYMENT
All packages are stated online. However, fees for credit cards, fees for bank transfer are NOT included. We accept credit card, wire, cash, and check. Whether you used an outfitter, agent or direct, fees will vary.
For the fishing portion we will not accept tips until the end of the trip, assuming you do several days in a row. From there you can approach each crew member and tip out at your discretion, or hand it all over to the Captain (recommended). We suggest $75-$100 a day, per mate (two mates) as a base, usually they exceed most anglers standards and expect more if so. Similar idea for the Captain as well. $150-$200 a day per Captain is the industry standard as a base. Although Captains usually receive more. Consult your Blue Bayou trip planner for more information.
House staff: $25 per room, per night. Bar tender $20/night (whole party can split this). Driver $25 per one way (driver is a trained bodyguard FYI). Head cook usually receives extra from whole parties on last night as well.
These risks and hazards include, but are not limited to, the following: Sun, rain, lightning, sea spray, and any other weather conditions; sea sickness; pitching and rolling; slippery and wet decks; injuries, internal or external, from: boarding and disembarking the vessel; fish, fishing, fishing tackle, and gear. Our crews have never had an incident but please do listen carefully to your first day briefly with your Captain. Follow the rules and nonbody gets hurt.
14. REFUND POLICY
What is your cancellation and payment policy?
• Cancellation of added services (hotels, golf, helicopter rides etc outside of lodge services) last minute can NOT be refunded within 48 hours. Natural disasters, flight delays, family emergency do NOT trump this policy. For that we require all anglers to have travel insurance.
• Once the reservation is received and confirmed you have 2 weeks to send the 50% down payment to hold the dates. From there you need to have the remaining portion sent within 20 days of the actual fishing trip. We will send you the dates and deadlines.
• If your group cancels a trip in the prime months of sailfish season (Oct to May), and we are not able to replace your dates with another group, you are subject to losing a 50% down payment of your package. If we can substitute your group we will then only apply a $500 cancelation fee.
• No shows result in a total loss of your payment without any refund.
• If travel documents are outdated and cause you to miss you fishing trip you are subject to a total loss or cost of boat preperation. Cases vary.
• Cancelation within 19 days is subject to a 50% loss of the total package.
• Cancelation with 1 week (7 days) in advance, you are subject to 75% loss of payment.
• If there is ever a cancelation at the last minute, please do contact us and we will work it out. We have never exercised this before, we generally lean towards rescheduling.
We suggest ALL guest to have travel insurance. TravelEx Protection is highly recommended.
16. FORTUITOUS EVENTS
Acts of god (weather, earth quakes, volcanos) or pollical interference. We will try and reschedule for a later time only. The risk of our lodge operating in these latitudes.
Mechanical issues- We WILL make up for lost time or quickly figure out a way to swap boats and get you on the water!
17. DISCLOSURE, DISCLAIMER AND WAIVERS
Upon arrival you will be asked to sign a detailed contract stating the risk involved in this type of trip (a release waiver), as well as the agreed deal that was reached with your agent regarding package. That way there is no gray area and we can sort any difference out from the start. Never the case, but good to be clear.
18. FOOD AND DRINKS
Standard packages advertised online for lodge: (1) Rum bottle per day, (1) Vodka bottle per day (1) 24 pack of beers, fruit drinks, waters & soda. Breakfast & Dinner. Deals are drawn out on invoice.
Boat includes: Fruit, Lunch, (1) Rum bottle per day, (1) 24 pack of beers, waters & soda.
19. CONTACT INFORMATION
20. NO WARRANTIES
This is the best billfish fishery in the world, but there are slow days on occasion. Fishing is fishing, but we do not guarantee anything. Variables such as weather, anglers, blue water within range, and correct temperatures are the challenges we overcome daily as guides.
21. VIOLATION TO RULES, REGULATIONS, CONTRACTS OR AGREEMENTS. Violations to these Rules, Regulations or any Contracts or Agreements signed by the parties.
We exercise the right to pursue legal solutions.
22. COPY RIGHT AND TRADEMARKS. The trademarks and logos displayed on the site are the property of Blue Bayou, S.A. Users are prohibited from using any trademark or logo without the written permission of the owner. Users, clients and any third party are prohibited from copying, distributing, transmitting, publishing, selling, licensing or using any content, logo or trademark available on the site for commercialor public purposes.
SCOPE OF RESPONSIBILITY: Blue Bayou S.A. and its subsidiary engaged in contracting suppliers of services pursuant to or in connection with any itinerary shall act only as agents in making arrangements for air and/or ground transportation, accommodations, or any other service provided within the terms of the solicited itinerary, and do not assume any liability whatsoever for any injury, damage, death, loss, accident, failure, omission or delay to person or property due to an act of default of any carrier, hotel, company or person rendering any of the services included in the trip package, or by act of God. Furthermore, no responsibility is accepted for quarantine, government restraints, weather or other causes beyond their personal control. No responsibility is accepted for any additional expense, omissions, delays, re-routing, or acts of any government or authority. The payment rendered by the client for all reserved services as detailed in his/her billing shall constitute consent to all provisions as described herein.