Website Terms and Conditions

These Website Terms and Conditions (“Terms”) govern access to and use of www.western-patagonia.com (the “Website”), operated by Inversiones El Morro SpA, RUT 78.443.427-3, trading under the Western Patagonia brand.

Registered address: Astilleros s/n, Dalcahue, Los Lagos Region, Chile
Legal Representative: Felipe Eduardo Jugo de las Heras
Contact: explore@western-patagonia.com

By accessing or using the Website, you acknowledge that you have read these Terms and agree to use the Website lawfully and responsibly.

Browsing the Website does not, by itself, constitute a booking, purchase, contract or acceptance of any charter or expedition service, nor does it create any payment obligation on the part of the user.

1. Nature and purpose of the Website

Western Patagonia is a brand dedicated to the organisation and provision of services relating to nautical charter, sailing, expeditions, exploration, travel and experiences in southern Chile, subject to the availability and conditions applicable to each service.

The Website is primarily intended to provide:

• information;
• commercial and promotional material;
• editorial content;
• information about our services, vessels, destinations and experiences.

The Website is not a booking platform or an e-commerce platform through which charter services can be automatically purchased or paid for.

Payments are not processed directly through the Website, and a charter contract is not concluded merely by browsing the Website.

Forms, buttons, email addresses, links and other contact channels available on the Website are intended to allow users to contact Western Patagonia and request information.

A request for information, availability or a quotation does not in itself constitute a booking or oblige Western Patagonia to provide the requested service.

Any charter, expedition or other service is subject to the express agreement of the parties and to the specific terms applicable to that service.

2. Charter and expedition bookings

When a person expresses an interest in booking a charter, expedition, sailing experience or other service, Western Patagonia may provide information, availability, itineraries, alternatives and a commercial proposal.

Information exchanged during this stage is provided for information and negotiation purposes unless expressly stated otherwise.

A booking will only be considered concluded when:

• the parties have agreed on the essential terms of the service;
• the relevant proposal has been expressly accepted;
• the applicable commercial terms have been agreed; and
• where applicable, the relevant contract, quotation, proposal, booking confirmation or equivalent document has been accepted or executed.

Where a specific contract or document applies to a charter or expedition, its specific terms shall prevail over any general information contained on the Website.

In the event of any conflict between these Terms and a specific agreement subsequently entered into between the parties, the specific agreement shall prevail with respect to the contracted service.

3. Information published on the Website

We make reasonable efforts to ensure that the information published on the Website is clear and up to date.

However, due to the nature of our activities, certain information may change from time to time, including:

• vessel availability;
• voyages and routes;
• itineraries;
• dates;
• duration;
• vessels;
• passenger capacity;
• activities;
• included services;
• photographs;
• equipment;
• weather conditions;
• sailing conditions;
• accessibility;
• prices;
• suppliers;
• accommodation;
• restaurants;
• destinations and places visited.

The publication of a vessel, route, experience, photograph, date or service on the Website does not constitute a guarantee of availability or an irrevocable contractual offer, unless expressly stated otherwise.

The definitive characteristics of each service shall be those set out in the specific proposal and documentation relating to the relevant booking.

4. Photographs, representations and audiovisual material

Photographs, videos, maps, illustrations and other audiovisual material published on the Website are primarily provided for informational and editorial purposes.

Images may depict:

• locations that may not form part of every itinerary;
• vessels or configurations that may differ from those available on a particular date;
• exceptional weather conditions;
• activities subject to availability;
• services provided by third parties;
• destinations whose visit may depend on operational or weather conditions.

Images should not be interpreted as a guarantee that a particular condition, landscape, activity, vessel, wildlife sighting or experience will be available during a specific journey.

Wildlife sightings, weather conditions, landscapes and certain activities depend on factors beyond Western Patagonia's reasonable control.

5. Itineraries, sailing and natural conditions

Published itineraries are indicative and may be modified before or during a voyage due to:

• safety considerations;
• weather conditions;
• sea conditions;
• tides;
• currents;
• navigation restrictions;
• instructions from maritime authorities;
• port, channel or anchorage conditions;
• service availability;
• maintenance or technical conditions affecting vessels;
• the health or safety of passengers or crew;
• force majeure events;
• or any other circumstance that may reasonably affect the safety or feasibility of the voyage.

In nautical and expedition activities, the safety of passengers and crew takes priority over the exact execution of a commercial itinerary.

Accordingly, the description of a route published on the Website does not constitute a guarantee that every point listed will be visited during a particular voyage.

Where an itinerary must be modified for safety or operational reasons, Western Patagonia may take reasonable measures in accordance with the specific service conditions and applicable law.

6. Weather conditions and force majeure

Nautical and expedition activities take place in natural environments subject to changing conditions.

Western Patagonia does not control weather, oceanographic, geographical, natural or other external circumstances that may affect a voyage.

Relevant external circumstances may include:

• storms;
• heavy seas;
• strong winds;
• fog;
• adverse sea conditions;
• earthquakes;
• tsunamis;
• volcanic eruptions;
• wildfires;
• floods;
• landslides;
• navigation restrictions;
• port or protected-area closures;
• emergencies;
• acts of public authorities;
• transport disruptions;
• pandemics or public-health emergencies;
• failures affecting third-party infrastructure;
• and other unforeseeable or unavoidable events beyond Western Patagonia's reasonable control.

The contractual consequences of such circumstances, including any modification, rescheduling, suspension or cancellation, shall be determined in accordance with the specific terms applicable to the contracted service and applicable law.

7. Safety and the authority of the Captain

Sailing activities are subject to applicable maritime safety regulations and to the instructions issued by the Captain, skipper or person responsible for navigation.

During a voyage, passengers must comply with reasonable safety instructions.

The Captain may take any measures reasonably considered necessary to protect the life and physical safety of passengers and crew, as well as the vessel and its property, including modifying, delaying, suspending or terminating a voyage where circumstances reasonably require it.

Such authority shall be exercised in accordance with applicable maritime law and does not authorise any breach of mandatory legal obligations.

8. Liability and limitations

Western Patagonia takes reasonable measures to maintain the Website and provide appropriate information.

However, to the fullest extent permitted by applicable law, we do not guarantee that:

• the Website will always be available;
• the Website will be free from errors;
• all information will always be current;
• the Website will be compatible with every device or browser;
• technical interruptions will never occur;
• third-party websites or services linked from the Website will remain available.

To the extent legally permitted, Western Patagonia shall not be liable for indirect, incidental, special or consequential losses arising solely from access to or use of the Website.

Nothing in these Terms is intended to exclude, limit or restrict any liability that cannot lawfully be excluded or limited, including any mandatory or non-waivable rights granted to consumers under applicable Chilean law.

Nothing in these Terms limits any specific obligations that Western Patagonia may assume under a charter, expedition or other service agreement.

9. Liability in relation to contracted services

These Terms govern the use of the Website only.

The rights and obligations of the parties in relation to a contracted charter, expedition, voyage or other service shall be governed by:

• the specific agreement or document entered into;
• the applicable booking conditions;
• applicable Chilean law;
• applicable maritime and safety regulations;
• and any other applicable legislation.

No exclusion or limitation contained in these Terms shall be interpreted as an advance waiver by a consumer of any rights that cannot legally be waived.

10. User obligations

When using the Website, users agree to:

• use the Website lawfully;
• provide accurate information when completing forms;
• not use the Website for fraudulent or unlawful activities;
• not attempt to gain unauthorised access to systems, accounts or restricted areas;
• not introduce malicious code, viruses or mechanisms intended to interfere with its operation;
• not engage in activities that may overload or disrupt the technological infrastructure;
• not use automated systems to extract information on a mass or abusive basis;
• respect the intellectual property rights of Western Patagonia and third parties.

11. Scraping and automated extraction

Unless expressly authorised in advance by Western Patagonia, users may not use robots, spiders, crawlers, scrapers, automated extraction tools or similar systems to collect content, photographs, commercial information, databases or other material from the Website on a large scale.

This restriction does not apply to legitimate indexing activities carried out by general search engines in accordance with their ordinary practices and respecting the technical instructions published by the Website.

Western Patagonia may adopt reasonable technical measures to prevent or restrict automated access that may adversely affect the operation of the Website.

12. Intellectual property

Unless expressly stated otherwise, all Website content, including:

• text;
• photographs;
• videos;
• graphics;
• maps;
• designs;
• logos;
• trade names;
• trademarks;
• visual elements;
• structure;
• compilations;
• editorial material;

is owned by Inversiones El Morro SpA, Western Patagonia or third parties who have authorised its use.

Access to the Website does not grant the user any licence, assignment or transfer of intellectual property rights.

Unless expressly authorised in advance, users may not reproduce, modify, distribute, publish, communicate, commercialise or otherwise exploit such content beyond what is permitted by applicable law.

13. Third-party content

Certain content on the Website may include photographs, references, maps, names, trademarks or other material belonging to third parties.

Such material remains subject to the rights of its respective owners.

Where third-party content is used with permission, such use does not imply that Western Patagonia owns the underlying rights to that material.

14. External links

The Website may contain links to third-party websites, platforms or services, including:

• WhatsApp;
• social media platforms;
• navigation platforms;
• accommodation providers;
• service providers;
• partner websites;
• destination-related websites;
• activity providers.

These links are provided for convenience and to facilitate access to external information or services.

Western Patagonia does not necessarily control such websites and does not guarantee their availability, security, accuracy, content, policies, commercial terms or privacy practices.

Access to third-party services is subject to the terms and conditions established by their respective operators.

15. Social media and external communications

Communications through WhatsApp, social media, email or other third-party platforms may be subject to the terms, conditions and privacy policies of those providers.

The presence of a link or external communication channel on the Website does not mean that Western Patagonia controls the technological infrastructure of the relevant provider.

16. Website availability and maintenance

We may modify, temporarily suspend or withdraw all or part of the Website, its functionality or specific content where necessary for technical, operational, security, maintenance, updating or other legitimate reasons.

Where reasonably possible, we will seek to minimise disruption.

We do not guarantee continuous or uninterrupted availability of the Website.

17. Website security

Western Patagonia takes reasonable measures to protect the Website and its infrastructure.

However, no system connected to the Internet can guarantee absolute security.

We cannot guarantee that the Website will always be free from:

• vulnerabilities;
• cyberattacks;
• malware;
• interruptions;
• unauthorised access;
• third-party errors.

Users are responsible for maintaining reasonably secure devices, software and systems when accessing the Website.

18. Personal data protection

Personal data processed through the Website is governed by our Privacy Policy and Personal Data Processing Policy, available on the Website.

That Policy explains:

• what information we collect;
• how we use it;
• the legal bases for processing;
• the use of cookies;
• technology providers;
• international transfers;
• retention periods;
• data-subject rights;
• contact mechanisms.

Use of the Website and submission of information through its forms are subject to that Policy and applicable Chilean law.

19. Communications and enquiries

Submitting a form, email or WhatsApp message does not in itself constitute:

• a booking;
• a contract;
• acceptance of a quotation;
• an obligation to provide the service;
• a payment obligation.

Western Patagonia may respond to an enquiry, request additional information, propose alternatives or issue a quotation.

A contract will only be concluded in accordance with the procedure and terms agreed between the parties.

20. Prices and quotations

Prices that may appear on the Website may be subject to change and do not necessarily constitute a contractual offer.

A specific quotation or proposal may establish:

• price;
• taxes;
• duration;
• vessel;
• passenger capacity;
• itinerary;
• included services;
• excluded services;
• payment terms and schedule;
• cancellation conditions;
• amendment conditions;
• responsibilities of the parties;
• other specific conditions.

In the event of any conflict, the terms of the quotation or specific agreement accepted by the parties shall prevail.

21. Capacity and availability

The publication of a vessel or service does not guarantee its availability for a particular date.

Availability is subject to:

• schedule;
• maintenance;
• operational conditions;
• crew availability;
• supplier availability;
• weather conditions;
• legal or maritime restrictions;
• and other relevant circumstances.

Final availability must be expressly confirmed by Western Patagonia.

22. Passenger conduct and safety

When a person contracts a service, they must comply with reasonable safety instructions issued by the crew and observe applicable rules while on board.

Conduct that:

• endangers passengers or crew;
• compromises navigational safety;
• damages the vessel;
• seriously interferes with the crew;
• breaches maritime regulations;
• or constitutes unlawful conduct

will not be permitted.

The consequences of such conduct shall be determined in accordance with applicable law and, where relevant, the specific charter agreement.

23. Children and minors

Bookings involving minors must be made by their parents, legal representatives or persons holding the necessary authority where required by law.

Parents or legal representatives are responsible for providing the necessary information and taking appropriate supervisory measures in respect of minors under their responsibility.

24. Amendments to these Terms

Western Patagonia may update these Terms where necessary due to:

• changes to the Website;
• changes to our services;
• technological developments;
• operational changes;
• regulatory changes;
• legislative changes;
• new functionality.

The current version will remain available on the Website and will display the date of its latest update.

Changes to these Terms will not retroactively alter the conditions of contracts already concluded, except where permitted by law or required to comply with a legal obligation.

25. Severability

If any provision of these Terms is held by a competent authority to be invalid, unlawful or unenforceable, that provision shall be interpreted or amended to the extent necessary to make it compatible with applicable law, while the remaining provisions shall remain in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions.

26. No waiver

The failure of Western Patagonia to exercise a right or remedy under these Terms immediately shall not constitute a waiver of that right or remedy.

Any waiver must be express and, where appropriate, made in writing.

27. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Chile, without prejudice to any mandatory rules that may apply to a particular legal relationship or consumer.

Where applicable, charter and sailing services shall also be subject to Chilean maritime legislation and regulations governing the relevant activity.

Nothing in these Terms is intended to exclude any rights that cannot legally be waived under applicable law.

28. Jurisdiction

To the extent that the law permits the parties to agree on jurisdiction, disputes may be submitted to the competent ordinary courts of the Republic of Chile.

Where mandatory legislation establishes a particular territorial jurisdiction or procedure, such legislation shall prevail.

Nothing in this clause limits any rights consumers may have under Chilean law to bring proceedings before the courts or competent authorities available to them.

29. Contact

For enquiries regarding these Terms:

• Inversiones El Morro SpA
• RUT: 78.443.427-3
• Trading name: Western Patagonia
• Registered address: Astilleros s/n, Dalcahue, Los Lagos Region, Chile
• Legal Representative: Felipe Eduardo Jugo de las Heras
• Email: explore@western-patagonia.com

You may also contact us through WhatsApp via the contact section of the Website.