Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website, mobile application, and online booking platform operated by Costa Viva for Watersports Equipment Rentals L.L.C. ("Costa Viva", "the Company", "we", "us", or "our"), a company incorporated on the mainland of Dubai, United Arab Emirates, holding Trade License No. 1224146, with its registered office in Dubai Marina Harbour, Dubai, United Arab Emirates (together, the "Platform"). These Terms also govern your participation in any watersports activity, rental, charter, lesson, or excursion booked through the Platform or through any approved third-party booking platform (collectively, the "Services").

By accessing the Platform, creating an account, making a Booking, signing a waiver, or otherwise using the Services, you ("you", "your", the "Customer" or "User") confirm that you have read, understood, and agree to be bound by these Terms in full, together with our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access the Platform or use the Services.

1. Definitions

In these Terms, the following words have the meanings set out below, unless the context requires otherwise:

"Booking": a confirmed reservation for a Service made through the Platform, an approved Third-Party Platform, or in person.

"Participant": any individual who takes part in a Service, whether or not that individual made the Booking.

"Approved Subcontractor": a third-party operator, vessel owner, or equipment provider that has been vetted, approved in writing, and engaged by Costa Viva under a binding subcontractor agreement to deliver, or assist in delivering, a Service on Costa Viva's behalf. Approved Subcontractors operate under Costa Viva's brand and standards and are not disclosed to Customers by name.

"Third-Party Platform": any external website, application, marketplace, or travel agency (for example, online travel agencies, activity marketplaces, or hotel concierge platforms) through which a Booking for our Services may be made.

"Payment Processor": Stripe and any other payment gateway or processor we use, or that a Third-Party Platform uses, to process payments for Services.

"Equipment": all watercraft, vessels, jet skis, life jackets, diving and snorkeling gear, kayaks, parasailing apparatus, fishing equipment, and any other equipment made available by Costa Viva in connection with the Services.

"UAE": the United Arab Emirates.

2. About Costa Viva

Costa Viva Watersports is registered as a mainland company in Dubai, UAE, under Trade License No. 1224146, issued by the Dubai Department of Economy and Tourism (or relevant licensing authority). Our registered address is Dubai Marina Harbour, Dubai, United Arab Emirates. We offer a range of licensed watersports activities and related rentals, charters, and lessons, marketed and booked through our Platform and through approved Third-Party Platforms.

3. Eligibility and Your Account

To create an account or make a Booking, you must be at least 18 years old and have the legal capacity to enter into a binding contract under UAE law. Bookings made on behalf of minors or groups containing minors must be made by a parent or legal guardian, who accepts these Terms on the minor's behalf and remains responsible for the minor's compliance with them.

You agree to provide accurate, current, and complete information when registering an account or making a Booking, including the identity, age, and contact details of all Participants, and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4. Our Services

Costa Viva offers the following non-exhaustive categories of watersports Services, subject to availability, weather, sea conditions, and applicable maritime regulations:

• Jet ski rental and guided jet ski tours
• Car jet rides
• Boat and yacht charters
• Parasailing
• Scuba diving and snorkeling excursions
• Kayaking
• Banana boat and inflatable towable rides
• Fishing trips and charters
• Instructor-led lessons and certification courses for any of the above activities

We reserve the right to modify, substitute, postpone, or cancel any Service, in whole or in part, where we reasonably consider this necessary for the safety of Participants, staff, or Equipment, including due to adverse weather, sea conditions, mechanical issues, or instructions from the relevant maritime or coast guard authorities. Where we cancel a confirmed Booking for these reasons, clause 8 (Cancellation, Refunds and No-Show Policy) applies.

5. Approved Subcontractors and Service Delivery

Costa Viva contracts with you as principal in respect of every Service sold through the Platform, regardless of whether that Service is delivered using Equipment owned or operated by Costa Viva or by an Approved Subcontractor. All Services are marketed, sold, and presented exclusively under the Costa Viva brand. We do not disclose the identity of any Approved Subcontractor to you.

Costa Viva vets, approves in writing each approved Subcontractor. As a condition of approval, every Approved Subcontractor must: (a) hold all licenses, permits, and registrations required under UAE maritime, tourism, and safely law to operate the relevant Equipment and activity; (b) maintain adequate third-party liability and personal accident insurance covering Participants; (c) comply with Costa Viva's safety standards, equipment maintenance requirements, and operational procedures; and (d) be bound by a data processing agreement consistent with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) before receiving any Participant personal data.

Notwithstanding the use of Approved Subcontractors, Costa Viva remains responsible to you for the delivery of the Services under these Terms. Your rights under UAE Consumer Protection Law (Federal Law No. 15 of 2020) are unaffected. If you have any complaint, concern, or claim arising from a Service, you should direct it to Costa Viva using the contact details in clause 24, and we will manage it on your behalf, including any claim against an Approved Subcontractor.

For the avoidance of doubt, the provisions of these Terms relating to assumption of risk, conduct, health declarations, safety rules, and participant eligibility, apply equally to Service delivered by Approved Sucontractors.

6. Bookings and Reservations

Bookings may be made directly through the Platform, through an approved Third-Party Platform, or WhatsApp etc. A Booking is only confirmed once full payment has been successfully processed and you have received a confirmation by email, SMS, WhatsApp, or through the relevant Third-Party Platform. Booking made via phone, email or message (offline booking), are subject to availability at the time of confirmation. Prices quoted offline are indicative and subject to change until confirmed in writing.

You must ensure that the names, ages, weights (where relevant to Equipment or weight-restricted activities such as parasailing or jet skiing), and any health or swimming-ability information for all Participants are accurate at the time of Booking and again at check-in. Costa Viva may refuse to provide a Service, or may require a Booking to be amended, where the information provided is incomplete, inaccurate, or indicates that a Participant does not meet the eligibility, age, weight, or health requirements for the relevant activity.

7. Pricing and Payment

All prices displayed on the Platform are in UAE Dirhams (AED) unless otherwise stated, and are inclusive of UAE Value Added Tax (VAT) at the rate applicable at the time of Booking, unless expressly stated to be exclusive of VAT.

Costa Viva reserves the right to adjust published process at any time prior to a booking being conformed, including to reflect changes in government fees, fuel surcharges, or other external factors outside our control. Once the booking confirmation is issued, the confirmed price will not change.

Advertised promotional prices are subject to availability and may not be combinable with other discounts.

Payments made directly through the Platform are processed by Stripe, our third-party Payment Processor. We do not store full payment card numbers; card data is transmitted directly to Stripe in accordance with applicable Payment Card Industry Data Security Standard (PCI DSS) requirements. Where a Booking is made through a Third-Party Platform, payment is processed by that Third-Party Platform or its own Payment Processor, and is subject to that platform's own payment terms in addition to these Terms.

Full payment is required at the time of Booking unless we expressly agree otherwise in writing. Prices may vary depending on the season, demand, group size, duration, and any add-ons (such as photography packages or equipment upgrades) selected at the time of Booking. Currency conversion and international card fees charged by your bank or card issuer are your responsibility.

8. Cancellation, Refunds and No-Show Policy

Cancellations by you: You may cancel or reschedule a Booking made directly through the Platform free of charge up to 24 hours before the scheduled start time. Cancellations made after this cutoff, and any failure to attend at the scheduled time ("No-Show"), are non-refundable. Bookings made through a Third-Party Platform are subject to that platform's own cancellation and refund policy. No refund is available for partially used services or for customers who voluntarily leave an activity before it is complete.

Cancellations by Costa Viva: If we cancel a Booking due to weather, sea conditions, mechanical failure, an instruction from a maritime or government authority, or any other safety-related reason, you will be offered a full refund or the option to reschedule, at your choice. We are not liable for any other loss or expense (including travel or accommodation costs) arising from such a cancellation.

Weather cancellations are assessed by Costa Viva's experienced crew on the day of the activity. Our decision is final and is made with safety of all guests and crew as the primary consideration. If an activity starts but is cut short due to weather, we can offer the option to reschedule, at your availability and choice.

All participants must comply with the instructions of Costa Viva's crew and tour guides of all times. The crew have the authority to refuse boarding on safety grounds for reasons presented in clause 9.

Late arrival: If you arrive late for a scheduled Booking, we will make reasonable efforts to accommodate you within the remaining session time, but we are not obliged to extend the Booking or provide a refund for time lost due to your late arrival.

Refunds are processed within 14 working days of the cancellation being confirmed, to the original payment method. Costa Viva is not responsible for delays caused by the customer's bank. Costa Viva will not reimburse bank charges or currency conversion fees incurred by the customer.

9. Health, Fitness and Swimming Ability Declaration

Before participating in any Service, each Participant (or, for a minor, their parent or legal guardian) is required to complete a health, fitness, and swimming-ability declaration. By completing this declaration and proceeding with a Booking, you confirm that:

• You and every other Participant in your Booking are in good general health and physically fit to take part in the relevant activity;
• You have honestly and accurately disclosed your swimming ability, and any heart, respiratory, back, neck, or joint conditions, recent surgery, pregnancy, epilepsy, or other condition that could affect your safety or that of others;
• You are not, and will not be, under the influence of alcohol, drugs, or any medication that could impair your judgment or physical ability before or during the activity;
• You will immediately inform our staff of any change in your health or fitness, or that of any Participant in your Booking, before the activity begins.

Costa Viva reserves the right to refuse participation, without liability and without refund (save in accordance with clause 8), to any Participant who appears unfit, intoxicated, or who has not made an accurate declaration. Any false or incomplete declaration is made at your own risk, and you agree to indemnify Costa Viva in accordance with clause 18 for any loss arising from it.

10. Assumption of Risk and Waiver of Liability

Watersports activities, including but not limited to jet skiing, car jet rides, boating, parasailing, diving, snorkeling, kayaking, towable rides, and fishing, carry inherent risks, including but not limited to drowning, collision, capsizing, equipment malfunction, exposure, marine life encounters, and adverse weather. These risks exist even where Costa Viva, its Approved Subcontractors and their respective staff exercise reasonable care and follow all applicable safety procedures.

By participating in any Service, you voluntarily and knowingly assume these inherent risks. You agree to wear all safety Equipment provided (including life jackets) at all times as instructed, to follow the safety briefing and the directions of our crew, guides, and instructors at all times, and to release Costa Viva, its Approved Subcontractors, owners, directors, employees, and agents from liability for loss, injury, or death arising from these inherent risks, except to the extent such loss, injury, or death is caused by gross negligence or willful misconduct, for which liability cannot be excluded under UAE law.

Where required for a specific activity, you will be asked to sign a separate written waiver and assumption-of-risk form before participating. That form supplements, and does not replace, this clause 10.

11. Age and Participant Restrictions

The general minimum age for participation in any Service is 6 years completed.

Minimum age and weight requirements apply to certain activities (for example, jet ski operation typically requires a minimum age of 16 years old with parent/guardian written consent and a valid driving license where required by law; parasailing and certain rides may have minimum and maximum weight limits). Current minimum age, weight, and supervision requirements for each activity are set out on the relevant activity page of the Platform and will be confirmed at the time of Booking. Minors permitted to participate must at all times be accompanied and supervised by a parent or legal guardian, or by an authorized adult nominated in writing by a parent or legal guardian.

Costa Viva may decline participation to any individual who does not meet the applicable age, weight, health, or supervision requirements for a given activity, in the interests of safety. This requirements apply equally to Services delivered by Approved Subcontractors.

12. Conduct, Safety Rules and Right to Refuse Service

All Participants must comply with the safety briefing given before the activity and with all instructions given by Costa Viva staff, crew, or instructors and by crew or operators of any Approved Subcontractor, during the activity. The following conduct is strictly prohibited and may result in immediate termination of the Service without refund:

• Participating while under the influence of alcohol or drugs;
• Reckless, aggressive, or dangerous behavior that endangers yourself, other Participants, staff, or third parties;
• Removing safety Equipment (such as a life jacket) without authorization;
• Deliberately damaging or misusing Equipment;
• Failing to follow the lawful instructions of Costa Viva staff, Approved Subcontractor crew, or maritime authorities.

Costa Viva reserves the right, acting reasonably, to refuse service to, or remove from an activity, any Participant who breaches this clause, without any obligation to provide a refund.

13. Equipment Use and Damage

All Equipment used during a Service always remains the property of Costa Viva or the relevant Approved Subcontractor. You agree to use Equipment only as instructed and only for its intended purpose. You are responsible for any loss of, or damage to, Equipment caused by your negligence, misuse, or breach of these Terms, and Costa Viva may charge you the reasonable cost of repair or replacement. Where applicable, a security deposit may be required before certain activities and will be refunded, less any deductions for loss or damage, after Equipment has been inspected following use.

You must inspect Equipment provided to you before use and immediately report any visible defect, damage, or malfunction to Costa Viva staff or Approved Subcontractor crew, before proceeding.

Personal belongings brought on board are at the customer's own risk. Costa Viva and the Approved Subcontractor accept no responsibility for loss, damage, or theft of personal property.

14. Third-Party Platforms and Partners

Where you make a Booking through a Third-Party Platform, your relationship with that Third-Party Platform (including its own terms of use, payment terms, and cancellation policy) is separate from, and in addition to, these Terms. Costa Viva is not responsible for errors, delays, or payment issues caused by a Third-Party Platform, but we will honour any Booking confirmed to us by a Third-Party Platform on the terms communicated to us, subject to these Terms governing your conduct and participation in the Service itself.

15. Photography, Video and Marketing Consent

Costa Viva, or photographers and videographers engaged by us or by an Approved Subcontractor acting on our behalf, may capture photographs and video footage during activities for safety, quality assurance, and marketing purposes (including use on our website, social media, and promotional materials). By participating in a Service, you consent to such capture and use, unless you notify us in writing before your activity begins that you do not consent, in which case we will take reasonable steps to exclude you from promotional use, though incidental appearance in group or background footage cannot always be avoided.

Separately, we will only send you marketing communications (such as offers, newsletters, or promotions) by email, SMS, or WhatsApp where you have given your explicit marketing consent at the time of Booking or registration. You may withdraw this consent at any time as described in our Privacy Policy, without affecting your ability to use the Services.

16. Intellectual Property

The Platform, including its design, text, graphics, logos, and the Costa Viva name and branding, is owned by or licensed to Costa Viva and is protected under UAE and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.

17. Limitation of Liability

To the maximum extent permitted under UAE law, Costa Viva's total liability to you in connection with a Booking or Service, whether in contract, tort, or otherwise, is limited to the amount you paid for that Booking. Costa Viva is not liable for any indirect, incidental, or consequential loss, including loss of enjoyment, travel costs, or accommodation costs, arising from a cancelled, delayed, or modified Service.

As set out in clause 5, Costa Viva contracts as principal and remains your point of contact for all claims and complains, including those arising from acts or omissions of an Approved Subcontractor. Costa Viva has the right to seek recovery from the relevant Approved Subcontractor where their negligence or breach caused or contributed to a claim, but this does not affect your rights under UAE Consumer protection law.

Nothing in these Terms excludes or limits liability for death or personal injury caused by Costa Viva's gross negligence or willful misconduct, for fraud, or for any other liability that cannot lawfully be excluded or limited under the laws of the UAE and the Emirate of Dubai, including the UAE Civil Transactions Law and Federal Law No. 15 of 2020 on Consumer Protection.

18. Indemnity

You agree to indemnify and hold harmless Costa Viva, its Approved Subcontractors, owners, directors, employees, and agents from and against any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) any false, inaccurate, or incomplete declaration made by you, including health or swimming-ability declarations; (c) your willful misconduct or negligence; or (d) your violation of any applicable law or third-party right, except to the extent caused by Costa Viva's own gross negligence or willful misconduct.

19. Force Majeure

Costa Viva is not liable for any failure or delay in performing the Services caused by circumstances beyond our reasonable control, including but not limited to severe weather, sea conditions, government or maritime authority restrictions, public health emergencies, strikes, failure by an Approved Subcontractor due to events outside their control, or other events of force majeure. In such cases, clause 8 (Cancellation, Refunds and No-Show Policy) applies.

20. Privacy

Our collection and use of your personal data, including payment information, health and swimming-ability declarations, and marketing preferences, is described in our Privacy Policy, which forms part of these Terms. By using the Platform and our Services, you also agree to the terms of our Privacy Policy.

21. Governing Law and Dispute Resolution

These Terms are governed by, and construed in accordance with, the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai. Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the Dubai Courts save that nothing in this clause prevents either party from seeking interim or urgent relief from any court of competent jurisdiction.

22. Amendments to These Terms

We may update these Terms from time to time to reflect changes in our Services, operating model (including changes to how we engage Approved Subcontractors), applicable law, or operating practices. The updated Terms will be posted on the Platform with a revised "Last Updated" date, and will take effect immediately upon posting. Your continued use of the Platform or Services after the updated Terms are posted constitutes your acceptance of the changes. Bookings already confirmed before an update will continue to be governed by the Terms in effect at the time of Booking, unless a change is required by law or necessary for safety.

23. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy and any activity-specific waiver you sign, constitute the entire agreement between you and Costa Viva regarding your use of the Platform and Services.

24. Contact Us

If you have any questions about these Terms, please contact us at:

Company: Costa Viva Watersports

Address: Dubai Marina Harbour, Dubai, United Arab Emirates

Trade Licence No.: 1224146

Email: office@costavivawatersports.com