Terms of Service

1. Cloud Storage of User Data

IMPORTANT: User data submitted through the platform—including account information, reservation details, contact data, and uploaded payment-proof images—is stored in a cloud database operated as part of the Services. By using the Services, you acknowledge and consent to this cloud storage. Details on how we protect that information are set out in our Privacy Policy.

2. Eligibility and Accounts

You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account or make a booking on behalf of others. By using the Services, you represent that the information you provide is accurate, complete, and current.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at thepergolacruise@gmail.com if you suspect unauthorized use. Passwords and certain credentials are protected through encryption as described in our Privacy Policy.

3. Description of Services

The Pergola offers experiences, including chef-curated dining, beverages provided by The Pergola, scenic navigation, and optional private or group packages as described on our website. Availability, itineraries, menus, vessel capacity, and inclusions may change due to weather, safety, operational, or regulatory reasons.

Descriptions, images, and prices on the website are for informational purposes and do not constitute a binding offer until a reservation is confirmed by us according to these Terms.

4. Bookings and Reservations

A reservation request is submitted when you complete the booking flow and provide required guest, contact, and payment-proof information. Submission does not guarantee confirmation. Your reservation status may include pending, awaiting verification, confirmed, or cancelled.

You must provide accurate guest counts (adults, juniors aged 12–15, and kids aged 2–11), contact details, allergy information, and any mobility or special-assistance needs. Misrepresentation may result in refusal of boarding without refund if The Pergola so decides.

We reserve the right to decline, modify, or cancel any reservation for safety, capacity, misconduct, non-payment, false payment proof, fraud, force majeure, or operational necessity.

5. Payments, Invoices, and Proof of Payment

The platform does not process payments directly. At this time, reservation billing is handled through a reservation invoice together with photographic proof of payment uploaded by the client. The Pergola verifies such proof before confirming a reservation.

Commercial payment platforms currently do not offer an available API that would allow a fully integrated payment flow for our Services. For that reason, payments for reservations must be handled in this manner until such integrations become available.

By uploading payment proof, you commit to submitting a genuine, accurate, and verifiable proof of payment. Uploading false, altered, incomplete, or misleading payment evidence may result in cancellation of the reservation, denial of boarding, and legal consequences, including civil claims and any other remedies if The Pergola so decides.

Prices are displayed for the selected cruise day and guest categories and may include day-specific discounts or coupons. Until payment proof is verified and the reservation is marked confirmed, your booking may remain provisional.

The Pergola is not responsible for third-party payment services, banks, mobile-money providers, or similar channels when those services are unavailable, delayed, interrupted, or otherwise fail. Delays or failures of such third-party payment services do not create liability for The Pergola.

6. Cancellations, Changes, and Refunds

All refunds are subject to The Pergola refund policy as communicated at booking, on the website, or by written notice from The Pergola. Cancellation and refund eligibility also depend on reservation status, cruise date, and verification of payment proof.

Guest-initiated cancellations should be requested in writing to thepergolacruise@gmail.com or via WhatsApp at +592 734-4622. We may offer rescheduling subject to availability.

If we cancel a cruise for weather, safety, vessel issues, or other causes beyond reasonable control, we will, at our discretion and where reasonable, and subject to The Pergola refund policy, offer a reschedule or a refund of amounts paid for the affected cruise.

No-shows, late arrivals after departure, or denial of boarding for breach of these Terms generally do not qualify for a refund.

7. Safety Briefing, Guest Conduct, Food, and Beverages

Before departure, The Pergola Cruise announces all applicable safety measures for the cruise. All guests must follow crew instructions, safety briefings, and applicable maritime and local laws.

Smoking is not permitted. Toxic substances, illegal drugs, and any substance that endangers guests, crew, or the vessel are strictly prohibited.

Beverages—including cocktails and other drinks—are provided by The Pergola as part of the cruise experience. Outside beverages are not permitted. The Pergola is not responsible for any drinks brought from outside the cruise.

Meals provided by The Pergola are to be consumed only on board during the cruise. The Pergola is not responsible for food consumed outside the cruise.

Firearms and any other weapons are strictly prohibited. Indiscipline, disorderly conduct, harassment, violence, or any behavior that causes disturbance or disruption of the activity is forbidden and may result in refusal of boarding, removal from the vessel without refund, and legal consequences.

Any damage, loss, or harm caused by a guest or members of a guest's party to The Pergola, the vessel, crew, other guests, or third parties may give rise to legal claims and legal consequences. You agree that such damage or prejudice is actionable and that you and/or the responsible guests may be held liable under applicable law.

Minors must be supervised by a responsible adult at all times. You are responsible for ensuring that all members of your party comply with these Terms.

8. Allergies, Dietary Needs, and Health

You must disclose known food allergies and relevant dietary or medical conditions during booking. While we take reasonable care, we cannot guarantee an allergen-free environment on a shared vessel and kitchen.

Participation involves waterborne travel, boarding/disembarking, and outdoor conditions. You acknowledge inherent risks including but not limited to motion, weather, slips, and proximity to water. By boarding, you assume those risks to the fullest extent permitted by applicable law.

9. Intellectual Property

All website content, branding, logos, text, images, designs, and software (excluding third-party materials) are owned by or licensed to The Pergola and are protected by intellectual property laws. You may not copy, modify, distribute, or exploit such materials without prior written consent, except for personal, non-commercial viewing of the Services.

10. Third-Party Services

The Services may rely on third parties such as cloud hosting, messaging platforms (including WhatsApp), email, maps, and payment or banking channels chosen by the client. Your use of those services may be subject to their own terms and privacy policies.

We are not responsible for third-party outages, downtime, delays, or acts beyond our reasonable control, including when third-party payment services are down or unavailable.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted, error-free, or completely secure operation of the website or booking systems.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PERGOLA, KESTER ROBINSON, HE, SHE, THEY, THEM, AND ANY MEMBER OF THE PERGOLA TEAM (INCLUDING OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, CREW, AND AGENTS) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, INCLUDING FAILURES OF THIRD-PARTY PAYMENT SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC RESERVATION GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

13. Indemnification and Guest Liability

You agree to indemnify, defend, and hold harmless The Pergola, Kester Robinson, he, she, they, them, and any member of The Pergola team (including owners, officers, employees, contractors, crew, and agents) from and against claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, false or fraudulent payment proof, misuse of the Services, inaccurate information you provide, or the conduct of guests in your party.

Any damage or prejudice caused by guests is actionable and may result in legal consequences, including claims for compensation and other remedies available at law.

14. Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including severe weather, natural disasters, acts of government, civil unrest, labor disputes, epidemics, utility failures, vessel/mechanical emergencies, or third-party payment-service outages.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date will reflect changes. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms. Material changes may be communicated via the website, email, or other reasonable means.

16. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms, together with our Privacy Policy, The Pergola refund policy, and any booking-specific written confirmations, constitute the entire agreement between you and The Pergola regarding the Services and supersede prior conflicting communications on the same subject.

17. Contact

For questions about these Terms or your reservation:

• Email: thepergolacruise@gmail.com
• Phone / WhatsApp: +592 734-4622
• Location: Sealand Surveys, Georgetown, Guyana