Protocol for safety, care and conduct onboard.

Chapter I

Purpose and scope of application

The purpose of these Regulations is to establish the safety protocols, risk-prevention measures, care standards for nautical property and expected onboard conduct for recreational, nautical tourism and charter vessels operated by YACHTSMX® in the marinas and adjacent waters of La Paz and Cabo San Lucas, Baja California Sur, as well as on authorized routes within the Sea of Cortez.

These Regulations are mandatory for:

• The charterer or primary client who contracts the service.
• All of their guests, companions or passengers, including minors under their responsibility.
• The captain and crew assigned to the vessel.
• Any external supplier who boards with authorization (catering, photography, live music, instructors).

Acceptance is deemed granted upon signing the charter agreement, confirming the reservation through digital means, or boarding the vessel, whichever occurs first. Lack of knowledge of these Regulations does not exempt any person from complying with the safety measures or from the consequences arising from non-compliance.

Chapter II

Applicable legal framework

YACHTSMX® operates under the legal framework governing navigation, maritime safety and consumer protection in the United Mexican States. These Regulations are interpreted and applied in harmony with the following rules, in the version in force at the time of departure:

Mexican federal legislation

• Navigation and Maritime Commerce Law and its Regulations.
• General Law on National Assets, regarding federal maritime-terrestrial zones and national waters.
• General Law of Ecological Balance and Environmental Protection and the General Wildlife Law.
• Federal Consumer Protection Law.
• Federal Law on the Protection of Personal Data Held by Private Parties.
• Regulations of the National Waters Law and other provisions regarding protected natural areas.

Applicable Mexican Official Standards (NOM)

The National Maritime Authority, exercised by the Secretaria de Marina (SEMAR) through the Unit of Port Captaincies and Maritime Affairs, supervises compliance with the following official standards, among others:

International conventions

• International Convention for the Safety of Life at Sea (SOLAS), to which Mexico is a State Party.
• International Convention for the Prevention of Pollution from Ships (MARPOL).
• International Regulations for Preventing Collisions at Sea (COLREG-72).

Chapter III

Definitions

For the purposes of these Regulations, the following definitions apply:

YACHTSMX® / Yates Mexico

The operating company for charter services and nautical experiences, with presence in La Paz and Cabo San Lucas, B.C.S.

Vessel

Any motor yacht, sailing or power catamaran, support boat, tender or auxiliary naval craft under the operation of YACHTSMX®.

Charterer / client

The individual or legal entity that contracts the service and assumes primary responsibility before YACHTSMX® for the conduct of their guests.

Guest or passenger

Any person who boards the vessel under the charterer's agreement, including minors under their guardianship.

Captain

The person appointed by YACHTSMX® with the corresponding certification and the highest authority onboard under Article 25 of the Navigation and Maritime Commerce Law. Their instructions are mandatory.

Crew

Certified personnel assigned to the vessel: deckhand, engineer, chef or steward, as applicable. They act under the captain's orders.

Departure

The formal act by which the vessel leaves the dock. It marks the beginning of the service and the captain's operational responsibility.

Safety briefing

A mandatory informational session provided by the crew to all passengers before departure, in accordance with international practice and NOM-036.

Protected Natural Area (ANP)

Marine zones subject to a special conservation regime. Particularly relevant: Espiritu Santo Archipelago National Park, Cabo Pulmo National Park and the Marine Zone of the Espiritu Santo Archipelago.

Port Captaincy

The local maritime authority under SEMAR, responsible for opening and closing the port and supervising navigation.

Chapter IV

Responsibilities of the parties

YACHTSMX responsibilities

1. Maintain each vessel with valid registry, operating permits and insurance policy before the corresponding Port Captaincy.
2. Ensure that the minimum safety equipment required under NOM-034-SEMAR-2024 is onboard, certified and in operational condition.
3. Assign crew with valid maritime documentation and training appropriate to the vessel type and length.
4. Perform technical and mechanical inspections before departure and record them in the onboard logbook.
5. Suspend or reschedule navigation when weather conditions, sea state or a Port Captaincy determination so justify.
6. Safeguard the client's personal data in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties.

Captain's authority

The captain is the highest authority onboard. In the exercise of their duties, the captain is empowered to:

1. Decide the time of departure and the route to follow based on weather conditions, the nautical chart and Port Captaincy provisions.
2. Restrict access to operational areas of the vessel (helm station, engine room, technical galley).
3. Suspend, modify or cancel any water activity when there is a reasonable risk to persons or to the vessel.
4. Request the disembarkation of any person who endangers onboard safety, engages in aggressive conduct or refuses to comply with these Regulations.
5. Document any incident in the onboard logbook and report it to the competent authority when applicable.

Charterer's responsibilities

1. Provide a truthful, complete passenger list before departure, including official identification, age and nationality.
2. Share the contents of these Regulations with all guests and assume joint responsibility for their conduct onboard.
3. Report to the crew any relevant medical condition of passengers (allergies, heart conditions, pregnancy, reduced mobility, medication allergies) that may require priority attention.
4. Comply with the decisions of the captain and crew without exception throughout the entire event.
5. Cover, pursuant to Chapter XIV, any damage caused to the vessel, its furniture, onboard electronics, water toys or accessories due to improper or negligent use.

Chapter V

Minimum safety equipment onboard

Each vessel in the YACHTSMX® fleet carries the lifesaving, firefighting and navigation equipment required by NOM-034-SEMAR-2024 for nautical tourism vessels, according to vessel length and operating area.

Minimum lifesaving, communication and navigation equipment

The crew is trained in the use of each of these items. Passengers must not handle safety equipment except under express instruction from the captain or during an active emergency.

Chapter VI

Pre-boarding protocol

Required documentation

The charterer must provide YACHTSMX® at least twenty-four (24) hours prior to departure:

1. Passenger list with full name, age, nationality and valid official identification number.
2. Shore-side contact details for a responsible person who will not board, for emergency use only.
3. Relevant medical information: allergies, heart conditions, pregnancy, reduced mobility, medication allergies.
4. Full payment of the charter prior to departure, pursuant to the current commercial policy.

Arrival at the dock

Passengers are requested to arrive at the boarding point at least thirty (30) minutes in advance. The crew will perform:

• Identity verification for each passenger.
• Manifest confirmation with the charterer.
• Non-invasive visual luggage inspection, refusing the boarding of prohibited items (Chapter X).
• Delivery of towels, marina instructions and restroom locations.

Footwear and attire

To protect teak, gelcoat and other high-performance deck materials, soft-soled, non-slip footwear is required. High heels, black rubber soles and shoes with embedded stones are not permitted. The crew may provide alternatives when necessary.

Chapter VII

Mandatory safety briefing

Before every departure, the captain or a crew member will provide a brief, mandatory safety briefing for every person onboard, without exception. At a minimum, it covers:

1. Location and correct use of life jackets for adults, children and infants.
2. Location of lifebuoys, rafts, fire extinguishers and first-aid kit.
3. Muster points on deck and evacuation routes.
4. Audible and visual signals indicating an emergency.
5. Restricted areas: helm station, engine room, flybridge areas without railings and bow during navigation.
6. Instruction not to throw solid objects, liquids or cigarette butts into the sea, in accordance with MARPOL.
7. Procedure to follow in case of man overboard.
8. Method of communication with the crew during the passage.

Refusal to receive the briefing is sufficient cause for the captain to delay or cancel departure without liability for YACHTSMX®.

Chapter VIII

Conduct during navigation

General rules

• Keep one hand supported when moving on deck while the vessel is underway.
• Do not run on wet decks or jump between decks.
• Do not sit, lie down or lean on handrails, fenders or pulpits.
• Do not place hands or feet over the gunwales during navigation.
• Respect crew instructions during docking, anchoring and departure maneuvers.

Restricted areas

Access to the following areas is reserved for the captain and crew:

• Helm station and control console.
• Engine room and technical compartments.
• Professional galley during service.
• Bowsprit, exterior bow and elevated platforms while the vessel is underway.

Music, drones and audiovisual content

Onboard sound is welcome provided it respects passengers, neighboring vessels and marine fauna. The crew will moderate volume when entering protected natural areas or when marine mammals are nearby. Drone operation requires prior written authorization and is strictly prohibited over Espiritu Santo Archipelago National Park and Cabo Pulmo, in accordance with CONANP provisions.

Chapter IX

Minors onboard

YACHTSMX® welcomes families and allows minors onboard under the following terms:

1. Every minor must be accompanied and supervised at all times by a parent, legal guardian or expressly designated responsible adult.
2. Responsibility for the care, conduct and safety of the minor rests entirely with the charterer and the responsible adult. The crew does not assume babysitting or childcare duties.
3. Minors must wear a life jacket in their size at all times during water activities and whenever they are on exterior decks without full protective railings.
4. Minors are prohibited from accessing technical areas or handling controls, levers, valves, lines or vessel equipment.
5. Serving or consuming alcoholic beverages by minors is strictly prohibited under Mexican law.

Chapter X

Alcohol, tobacco, substances and weapons

Alcohol

Moderate consumption of alcoholic beverages is permitted for adults of legal drinking age. Prolonged sun exposure, dehydration and sea motion amplify the effects of alcohol and reduce reaction times. The crew reserves the right to suspend service to anyone showing obvious signs of intoxication, and entering the water or using nautical toys while intoxicated is strictly prohibited.

Tobacco

Due to the flammable nature of materials and fuels onboard, smoking is prohibited inside the vessel, in cabins, salons, galley and near the engine room. Tobacco use is permitted only in exterior areas designated by the crew, with mandatory use of the ashtray provided onboard. Throwing cigarette butts into the sea is strictly prohibited.

Illegal substances

The introduction, possession, consumption or trafficking of substances prohibited by Mexican law is absolutely forbidden. Their mere presence authorizes the captain to return to port immediately, notify the competent authority and terminate the service without refund. Legal consequences rest entirely with the bearer and, where applicable, the charterer.

Weapons

Boarding with firearms, bladed weapons, explosives or any other object considered dangerous under the Federal Law on Firearms and Explosives is strictly prohibited, except for naval or public security personnel in the performance of their duties.

Chapter XI

Water activities and nautical toys

Prior captain authorization

Any activity outside the vessel (free swimming, snorkeling, paddleboarding, kayaking, banana boat, tubing, jet ski, diving, or descending to the tender) requires the captain's express authorization. The captain will evaluate current, wind, depth, marine traffic and proximity of fauna before allowing the activity.

Swimming and snorkeling

• Never swim alone. Maintain continuous visual contact with the vessel and with a companion.
• Use a life jacket or swim buoy when instructed by the captain, especially for children and intermediate swimmers.
• Respect the indicated distance from the propeller and stern area.
• Avoid touching, chasing or feeding marine fauna (Chapter XVI).

Scuba diving

SCUBA diving is permitted only with a current PADI, NAUI or SSI certification, under the supervision of a certified instructor and in authorized areas. YACHTSMX® does not provide certifications; when applicable, it may refer the client to authorized providers.

Nautical toys and tenders

Use of towed inflatables, jet skis, personal watercraft, seabobs, hydrobikes, electric boards and powered tenders is conditioned on the operator holding the current local license when required and having received the corresponding technical briefing.

Sport fishing

When the itinerary includes sport fishing, it shall be carried out under a catch and release approach for protected species (marlin, sailfish, dorado out of season) and within the size and season limits established by CONAPESCA. The vessel carries the corresponding sport-fishing permit.

Chapter XII

Pets, luggage and personal belongings

Pets

Boarding pets is not authorized unless YACHTSMX® grants prior express written approval and specific conditions are met (size, veterinary certificate, own carrier, increased deposit). Certified assistance animals are admitted in accordance with applicable law.

Luggage and bags

Boarding with soft, moderate-sized fabric bags is recommended. Large hard-shell luggage must be coordinated in advance. Liquids, perfumes and spray tanning products with flammable components must remain closed and away from technical areas.

Personal belongings and valuables

The charterer is responsible for safeguarding their own personal belongings and valuables and those of their guests throughout the service. The crew is focused on vessel operation and safety and cannot assume custody of belongings. For high-value items, please inform the crew upon boarding so they may be secured in the onboard safe when available. YACHTSMX® is not responsible for loss, misplacement or damage to personal belongings.

Chapter XIII

Weather conditions and departure suspension

The authority that regulates the opening and closing of ports throughout Mexico is the Secretaria de Marina through the Port Captaincy. Its determinations are final.

Port closure

When the Port Captaincy declares closure due to a meteorological threat (hurricane, tropical storm, sustained wind above operational limits) by hoisting the red flag, the departure will be rescheduled at no cost or, at the client's choice, transferred to another available date. Cash refunds do not apply.

Marginal conditions

In light rain, cloudy skies or moderate winds that do not imply risk and with the port open, the departure remains in effect. If the client cancels due to subjective bad weather, no refund applies. If the client gives at least two (2) hours notice before departure that they prefer to reschedule due to conditions, YACHTSMX® will make reasonable efforts to move the reservation at no additional cost, subject to availability.

Local winds

Operations in La Paz take into account the characteristic nighttime coromuel wind. Its intensity may modify the anchoring plan. Operations in Cabo San Lucas take into account groundswell and the effects of northerly winds during the winter season. The captain will adjust the route and itinerary accordingly.

Chapter XIV

Damages and security deposit

The charterer and guests undertake to make careful and reasonable use of the vessel, its furniture, onboard electronics, linens, tableware, nautical toys and other accessories.

1. Damage caused by misuse, negligence or willful misconduct shall be fully covered by the charterer at the end of the service.
2. For multi-day charters or high guest-density events, YACHTSMX® may request a security deposit prior to departure, the amount of which shall be agreed in the contract. The deposit is returned at the end of the service once the condition of the vessel has been verified.
3. The crew will document the vessel's condition before and after the service in the logbook, with photographs when applicable.
4. Spills of beverages, vomit, blood or other fluids on cushions, upholstery or deck may generate a deep-cleaning charge equal to the cost of the specialized service.
5. Loss or total damage of life jackets, snorkeling equipment or nautical toys will be charged to the charterer at replacement cost.

Chapter XV

Emergency procedures

The crew is trained to respond to the most frequent contingencies in the marine environment. In an emergency, the fundamental rule is to remain calm and follow the captain's instructions without argument.

Chapter XVI

Environmental policy and protected areas

The Sea of Cortez is one of the most biodiverse marine ecosystems on the planet. YACHTSMX® operates under the principle of leave no trace: the only footprint of our experiences should be the memory of the voyage.

MARPOL commitment

• Throwing plastics, cigarette butts, glass, organic waste, oils or any polluting substance into the sea is prohibited.
• The vessel has blackwater and greywater retention systems, as well as separate waste containers.
• Waste is offloaded at the marina's collection points upon return to port.

Protected Natural Areas in B.C.S.

Responsible wildlife watching

During grey whale, humpback whale and orca season, observation is carried out only with a wildlife-watching permit issued by SEMARNAT and in accordance with NOM-131-SEMARNAT-2010. Minimum distances, maximum observation times and approach speed are non-negotiable. When interacting with sea lions, whale sharks or sea turtles, touching, feeding or chasing individuals is not permitted.

Sunscreens and cosmetics

The exclusive use of biodegradable sunscreens free of oxybenzone and octinoxate is recommended, especially when entering the water within protected areas or over coral reefs.

Chapter XVII

Health and sanitation protocol

General hygiene

• Each vessel is disinfected before and after every service on frequently touched surfaces.
• The crew provides antibacterial gel in visible points for passenger use.
• Food service complies with good handling practices and cold-chain procedures.

Persons with medical conditions

Persons with heart conditions, severe hypertension, serious allergies or pregnancy must report this in advance. YACHTSMX® reserves the right to request additional informed consent for participation in water activities.

Seasickness

Seasickness is common among people not accustomed to navigation. Hydration, avoiding alcohol before departure, eating lightly, looking at the horizon and consulting a physician about taking an antiemetic beforehand are recommended. The crew has over-the-counter medication available in the first-aid kit.

Health contingency

In the event of a health emergency declared by the Secretaria de Salud or local authorities, YACHTSMX® will apply any additional measures determined (face masks at the dock, distancing during boarding, reduced capacity), and may reschedule services without charge when there is a legal impediment to operate.

Chapter XVIII

Insurance, exclusions and indemnification

Coverage

Each vessel has a valid insurance policy in accordance with the Regulations of the corresponding Port Captaincy, with third-party civil liability, hull and machinery coverage, according to the type of operation. A copy of the certificate is shown to the authority when required.

Exclusions

Insurance coverage does not apply in the following circumstances, which fall entirely on the person directly responsible for the event:

• Accidents resulting from failure to observe these Regulations or crew instructions.
• Swimming while intoxicated or under the influence of substances.
• Diving from unauthorized heights, jumping from the flybridge, masts or upper structures.
• Jumping into the sea while the vessel is underway.
• Misuse of nautical toys, personal watercraft or tenders.
• Voluntary exposure to evident risks.
• Intentional damage to the vessel or third parties.

Chapter XIX

Cancellations, refunds and failures

Client cancellation policy

1. The advance payment made by the client covers operating expenses, permits, fuel, supplies and inputs that YACHTSMX® incurs in advance; therefore, no refund applies for cancellations due to reasons unrelated to the operation.
2. As an alternative, the departure may be rescheduled to a later date within the agreed timeframes and availability, at no additional charge when requested at least forty-eight (48) hours in advance.
3. Cancellations due to illness, personal setback or voluntary client decision will follow the rescheduling policy, with no cash refund.

Cancellation due to cause attributable to YACHTSMX

In the exceptional case that YACHTSMX® cannot provide the service for causes attributable to the company (irreparable mechanical failure before departure, crew unavailability, administrative detention of the vessel), the client may choose between:

• Rescheduling at no cost.
• Substitution with another vessel in the fleet within the same budget, subject to availability.
• Full refund of the advance payment.

Failure during service

• If the failure occurs at the beginning of the route and rescheduling is feasible, this option will be offered at no cost.
• If the failure occurs midway through the route and the operation must be interrupted, the client will receive a proportional refund for unused time.
• Where applicable, a support vessel or tow to port will be arranged. It is essential to remain calm and follow the captain's instructions.
• The client accepts that mechanical failures in the marine environment are inherent operational contingencies and that YACHTSMX® makes every reasonable effort to mitigate them. No legal actions shall proceed on this basis beyond the proportional refund described above.

Commercial deposit and reschedule terms are set out in the Terms & Conditions.

Chapter XX

Digital acceptance and personal data

Electronic acceptance

These Regulations may be accepted electronically by confirming the reservation through yachtsmx.com, by signing the charter agreement through an electronic signature platform with evidentiary value (NOM-151 / advanced electronic signatures), or by checking the acceptance box in the corresponding digital form. Electronic acceptance has the same legal effects as a handwritten signature, in accordance with the Commercial Code and the Advanced Electronic Signature Law.

Personal data

The personal data collected (name, identification, contact information, relevant medical information, passenger list) will be processed in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties and the Privacy Notice. Its purpose is the provision of nautical service, compliance with legal obligations before the Port Captaincy and emergency response. The client retains ARCO rights at all times (access, rectification, cancellation and opposition).

Photographic and audiovisual material

During the service, YACHTSMX® may make photographic and audiovisual records for operational purposes. Express written consent will be requested for commercial or advertising use of images in which identifiable persons appear. Clients who do not wish to appear in promotional material may state so at any time.

Chapter XXI

Jurisdiction, effective date and modifications

Jurisdiction

For all matters relating to the interpretation, application and compliance with these Regulations, the parties submit to the jurisdiction and competence of the courts of the place where YACHTSMX® has its registered address, expressly waiving any other venue that may correspond to them due to their current or future domicile.

Effective date

These Regulations enter into force upon publication on yachtsmx.com and apply to all reservations confirmed after that date.

Modifications

YACHTSMX® reserves the right to modify these Regulations at any time in order to incorporate regulatory updates, operational best practices or adjustments derived from experience. The current version will always be the one published on yachtsmx.com, identified by version number and date.

Supplementary provisions

For all matters not provided for in these Regulations, the provisions of the charter agreement, the Navigation and Maritime Commerce Law, current Mexican Official Standards, the international conventions referenced herein, and the usages and customs of international maritime commerce shall apply in that order.