Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles – Booking Terms & Conditions & Privacy Policy
Terms & Conditions of Booking and Participation
Last updated July 2026
1. Acceptance of Terms
By making a booking with Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles (“Starfish & Smiles”, “we”, “our”, or “us”), you (the "Guest" , "participant" or "passenger") agree to be bound by these Terms & Conditions.
These Terms & Conditions apply to all activities arranged, operated, provided, promoted, or facilitated by Starfish & Smiles, including without limitation private charters, shared tours, boat transportation, embarkation and disembarkation, snorkeling, swimming, sightseeing, visits to Stingray City, Starfish Point, bioluminescent bay excursions, wildlife interactions, beach stops, use of floating devices or equipment, transfers to and from vessels, and all related onshore and offshore activities (collectively, the "Activities", “tour” or “charter”).
Starfish & Smiles may lease the vessel used for the Activities in its tour operations. In this case, references to “Starfish & Smiles” include the vessel owner in its capacity as lessor and owner of the vessel.
2. Booking Confirmation
A booking is confirmed once a booking confirmation has been issued.
The lead passenger making the booking confirms that they are authorized to act on behalf of all guests included in the reservation and accepts these Terms & Conditions on behalf of all participants.
3. Cancellation by Guest
Enhanced Refund Protection
Enhanced Refund Protection is available to purchase at check out. This is provided by Protect Group and is independent of Starfish & Smiles. Customers who have purchased Enhanced Refund Protection may cancel at any time subject to the terms and conditions of their agreement with Protect Group and seek a refund from Protect Group directly. Please refer to Protect Group Terms at https://www.refundable.me/en-uk
Cancellation Policy
We understand that plans change and sometimes a customer may need to cancel a charter after booking. In the absence of Enhanced Refund Protection (see above):
· up to three (3) days before the start time of the charter, Starfish & Smiles will refund the original cost of the charter less a 10% bank administration fee to the original payment card. Refunds can only be provided to the original payment card in the method used for the original purchase.
· Cancellations made within three (3) days of the tour start time are non-refundable.
Requests for cancellations and refunds that are not covered by Protect Group, should be made via email to welcome@starfishandsmiles.com.
No-Shows
Guests who fail to arrive at the designated departure location at the required check-in time and before the planned start time will be considered a no-show and will not be entitled to a refund.
4. Cancellation by Starfish & Smiles
Safety is our highest priority. We reserve the right to cancel, postpone, shorten, modify, or reschedule any tour or charter due to:
- Unsafe weather conditions;
- Sea state or marine conditions;
- Mechanical issues;
- Government restrictions;
- Safety concerns;
- Insufficient participation (for shared tours); or
- Circumstances beyond our reasonable control.
Where a tour is cancelled by Starfish & Smiles before departure and no suitable alternative can be agreed, guests will be entitled to either:
- A full refund; or
- A credit towards a future booking.
Starfish & Smiles shall not be liable for any incidental or consequential expenses, including but not limited to airfare, accommodation, transportation, lost income, or other travel-related costs.
5. Weather Policy
Tours operate in light rain and variable weather conditions when safe to do so.
Only Starfish & Smiles may determine whether conditions are unsafe for operation. Decisions are made by the captain based on safety considerations.
Guest concerns regarding weather do not automatically qualify for a refund if the tour operates as scheduled.
6. Changes to Bookings
Requests to change booking dates or times are subject to availability.
Changes requested more than three (3) days before departure will be accommodated where possible at no additional charge.
Changes requested within three (3) days of departure may be treated as a cancellation and rebooking and may incur additional charges.
7. Passenger Responsibilities
Guests agree to:
- Follow all instructions given by the captain and crew. The captain has sole and final authority regarding vessel operation, route, speed, timing, weather calls, wildlife interaction, safety procedures, and whether any Activity may proceed. Starfish & Smiles may alter, shorten, cancel, postpone, or terminate any Activity, route, stop, or itinerary at any time for safety, weather, mechanical, operational, regulatory, environmental, or behavioral reasons;
- Wear safety equipment when instructed;
- Behave in a safe and respectful manner;
- Refrain from conduct that may endanger themselves, other passengers, crew members, marine life, or property.
Failure to follow instructions, disorderly conduct, harassment of wildlife, unsafe behavior, intoxication, or any conduct that in the judgment of Starfish & Smiles creates a safety risk may result in refusal of boarding, removal from the vessel, or termination of participation without refund to the fullest extent permitted by law. Starfish & Smiles reserves the right to refuse boarding or terminate participation without refund where a guest’s behavior creates a safety risk.
8. Medical Conditions
Guests must inform Starfish & Smiles before departure of any medical condition, mobility issue, allergy, pregnancy, or other circumstance that may affect participation.
Participation is undertaken at the guest’s own risk. Guests must:
• be physically and medically fit to participate in the Activities;
• disclose to Starfish & Smiles, before participation, any medical condition, allergy, injury, disability, mobility limitation, pregnancy, recent surgery, seizure disorder, cardiac or respiratory condition, or other circumstance that may affect the safety of the guest or the safety of others;
• understand that some Activities involve entering open water and may require swimming or floating in changing sea conditions;
• use any required or recommended flotation device or safety equipment as directed;
• not participate while under the influence of alcohol, illegal drugs, or any medication or substance that may impair the guest’s ability to safely participate; and
• immediately notify the captain or crew if at any time a guest feels unwell, unsafe, panicked, fatigued, or unable to continue safely.
Guests will be offered a pre-departure safety briefing and have had a reasonable opportunity to ask questions about safety procedures, emergency equipment, and the conduct of the Activities before departure.
Starfish & Smiles may, in its sole discretion, may refuse or terminate a Guest’s participation if it reasonably believes that participation may be unsafe.
If a Guest suffers injury, or another emergency and is incapable of giving instructions, Starfish & Smiles may obtain or arrange emergency medical treatment, rescue, transportation, evacuation, or other assistance it reasonably considers appropriate under the circumstances. Starfish & Smiles does not provide health, accident, travel, or evacuation insurance. Guest is responsible for all medical, hospital, rescue, evacuation, transportation, medication, and related costs incurred in connection with an event that in Starfish & Smiles judgement necessitates emergency or medical intervention.
9. Assumption of Risk
Activities take place in a maritime and coastal environment and involve inherent risks, obvious risks, concealed risks, and other risks that cannot be eliminated without fundamentally changing the nature of the Activities.
These risks include, without limitation:
• slips, trips, falls, collisions, and injuries on vessels, docks, moorings, beaches, and in the water;
• movement of vessels caused by wakes, swells, tides, currents, winds, weather changes, and sea conditions;
• drowning, near-drowning, water inhalation, fatigue, panic, hypothermia, or other water-related injuries;
• cuts, punctures, abrasions, bruises, lacerations, fractures, sprains, strains, spinal injuries, illness, disability, or death;
• contact with marine wildlife and marine environments, including stingrays, fish, starfish, coral, jellyfish, sea urchins, and other organisms, any of which may sting, bite, puncture, scratch, infect, or otherwise injure participants;
• allergic reactions, infection, sunburn, dehydration, heat-related illness, seasickness, and exposure to weather or environmental conditions;
• equipment malfunction, misuse, or failure, including snorkeling gear, ladders, steps, rails, flotation devices, and vessel equipment;
• vessel incidents such as grounding, collision, swamping, capsizing, sinking, engine failure, fire, or evacuation;
• acts, omissions, negligence, or misconduct of other participants or third parties;
• delays in emergency response, limited medical access, or evacuation difficulties due to marine conditions, remoteness, weather, or transport limitations; and
• hazards that are unknown, inherent, latent, not readily foreseeable, or not specifically listed here.
Marine wildlife are wild animals, their behavior cannot be guaranteed or predicted, and any interaction with wildlife may result in injury despite reasonable care and precautions. Interactions with marine wildlife shall occur in accordance with Cayman Islands Conservation Laws and Department of Environment issued guidance and regulations.
The vessel used for the Activities is a privately owned vessel and may be leased to Starfish & Smiles. Guests will have reasonable opportunity before departure to observe the vessel and to raise any concerns about its condition, equipment, or suitability. By boarding the vessel, Guests confirm that they have no unresolved concerns regarding the vessel’s condition.
Guests voluntarily elect to participate in the Activities and freely assume all risks associated with them, whether known, unknown, inherent, obvious, latent, or otherwise, including the risk of personal injury, illness, property damage, disability, and death.
Guests may decline participation in any specific activity, including entering the water, and should do so if any uncertainty over ability, comfort level, or health status exists.
10. Liability
To the fullest extent permitted by the laws of the Cayman Islands, Guests shall covenant not to sue Starfish & Smiles from and against any and all claims, demands, actions, causes of action, proceedings, judgments, damages, losses, liabilities, costs, expenses, and legal fees of any kind whatsoever, whether in contract, tort, equity, statute, admiralty, or otherwise, arising out of or relating in any way to Guest participation in or presence for the Activities, including without limitation claims for personal injury, illness, emotional distress, property damage, economic loss, disability, and death, including claims arising from the ordinary negligence (whether active, passive, sole, joint, or concurrent) of Starfish & Smiles in connection with the design, organization, supervision, instruction, staffing, operation, maintenance, embarkation, disembarkation, transportation, or conduct of the Activities.
For the avoidance of doubt, nothing in these Terms and Conditions excludes or limits liability to the extent such exclusion or limitation is prohibited by Cayman Islands law, including liability for fraud, fraudulent misrepresentation, willful misconduct, or any other liability that cannot lawfully be excluded. To the extent a Cayman Islands court would not enforce an exclusion of gross negligence in this context, gross negligence is not released.
Guests agree to indemnify, defend, and hold harmless Starfish & Smiles from and against any and all claims, demands, actions, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:
• the acts, omissions, negligence, recklessness, or misconduct of Guests;
• any failure of Guests to follow instructions or safety rules;
• damage to any vessel, equipment, property, marine environment, or third party caused by Guests;
• any claim brought by another participant, guest, family member, insurer, or third party arising from the conduct of Guests; and
• any claim brought by or on behalf of a minor participant for whom an adult Guest is responsible.
Each participant (or the parent or legal guardian for participants under the age of 18) shall be required to sign a Participant Waiver and Assumption of Risk Agreement prior to boarding the vessel.
11. Minor Participants (under the age of 18)
A participant under the age of 18 must be accompanied and supervised by a parent or legal guardian at all times.
Parents and guardians remain responsible for the safety and conduct of minors in their care and:
• consent to the minor’s participation in the Activities;
• acknowledge and assume the risks of the Activities on the minor’s behalf;
• agree to the release, waiver, and indemnity provisions of these Terms and Conditions;
• accept full responsibility for supervising the minor and ensuring compliance with all instructions and safety requirements; and
• agree to indemnify and hold harmless Starfish & Smiles from any claim brought by or on behalf of the minor participant, whether before or after the minor reaches the age of majority, to the fullest extent permitted by law.
12. Photography and Marketing
Starfish & Smiles may photograph, film, or otherwise record participants during the Activities. These recordings may capture the likeness, voice, image, and activities of Guests.
Guests will have an opportunity to consent to this use in writing before the commencement of the tour. Guests may opt to withhold consent or withdraw consent at any time. Where consent is given and then withdrawn, the withdrawal must be done in writing and will relate to future use. It will not impact use already made prior to the withdrawal.
13. Personal Property
Guests are responsible for their own personal belongings including phones, jewelry, cameras, bags, and other valuables, and bring them onboard at their own risk. Starfish & Smiles is not responsible for loss of, theft of, or damage to personal property, except to the extent liability cannot lawfully be excluded.
14. Data Protection and Notice
Starfish & Smiles may collect, record, store, use, disclose, transfer, and otherwise process Guests’ personal data (and, where applicable, the personal data of any minor) for booking administration, identification, safety management, health and emergency response, operational planning, customer service, insurance, complaint handling, legal and regulatory compliance, fraud prevention, business administration, and the establishment, exercise, or defense of legal claims.
Guests acknowledge that their data may be shared with service providers, insurers, professional advisers, medical responders, payment processors, technology vendors, and public authorities where reasonably necessary for those purposes, including transfers outside the Cayman Islands where appropriate safeguards or another lawful basis applies.
Granting the use of Guest images for marketing communications and promotional use are addressed separately and are not required for participation. Guests have rights under applicable Cayman Islands data protection laws, including rights of access, correction, and, where applicable, objection to direct marketing or withdrawal of consent for optional processing.
14. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Cayman Islands.
Subject only to any mandatory law to the contrary, the courts of the Cayman Islands shall have exclusive jurisdiction to hear and determine any dispute, claim, or proceeding arising out of or relating to these Terms and Conditions.
15. Changes to these Terms and Conditions
These Terms & Conditions shall be updated from time to time. In the event of a change in these Terms & Conditions in between the date of booking and the date of the charter, the Terms and Conditions in place on the date of booking shall prevail.
16. Severability, Survival, and Interpretation
If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.
The release, covenant not to sue, indemnity, governing law, jurisdiction, data protection, and any provision that by its nature is intended to survive shall survive completion or termination of the Activities.
The parties intend that each person and entity falling within the definition of 'Starfish & Smiles' (other than the Company itself) shall be entitled to enforce the release, indemnity, and limitation provisions of this Agreement in its own right pursuant to the Contracts (Rights of Third Parties) Act, 2014 of the Cayman Islands.
The headings are for convenience only and do not affect interpretation. References to statutes or legislation include any amendment, re-enactment, or subordinate legislation made under them.
17. Contact Information
Starfish and Smiles Cayman Ltd.
Email: welcome@starfishandsmiles.com
Website: www.starfishandsmiles.com
Grand Cayman, Cayman Islands
Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles Privacy Policy
Last Updated: June 2026
1. Introduction
Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles (“Starfish & Smiles,” “we,” “our,” or “us”) respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, store, disclose, and protect personal information when you visit our website, make a booking, communicate with us, interact with our online content, or participate in our tours and activities.
Starfish & Smiles processes personal data in accordance with the Cayman Islands Data Protection Act (2021 Revision) (“DPA”).
2. Data Controller
For purposes of the DPA, the data controller is Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles, Grand Cayman, Cayman Islands.
Email: welcome@starfishandsmiles.com
Website: www.starfishandsmiles.com
3. Information We Collect
We may collect and process the following categories of personal information, depending on how you interact with us.
Information You Provide
· Full name, email address, telephone number, mailing address, and country of residence
· Names and ages of participants
· Tour preferences, special requests, and customer service requests
· Medical, mobility, accessibility, or safety-related information voluntarily provided by you
· Communications and correspondence with us
Booking and Tour Information
· Tour selections, booking dates, passenger numbers, booking history, cancellation history, waiver acknowledgements, and related operational information
· Information received from booking platforms, marketplace partners, or resellers, including Bókun, Viator, GetYourGuide, and similar third-party providers where you book or enquire about our services through those platforms
Payment Information
Payments are processed through third-party payment providers. We do not store complete payment card numbers or card security codes on our systems. We may receive limited transaction information, such as payment status, transaction reference numbers, payment amounts, and billing information supplied by payment processors.
Website, Device, Cookie, and Usage Information
· IP address, browser type, device information, operating system, language preference, access time, referring pages, pages viewed, clicks, actions, and other website usage information
· Cookie identifiers, analytics data, and similar technical information collected through cookies, pixels, tags, or similar technologies
· Information collected by or shared with analytics and advertising technology providers, including Google and Meta, where those tools are used on our website or in connection with our marketing activities
4. How We Use Your Information
We use personal data for legitimate business purposes, including to:
· Process bookings, confirm reservations, provide tours and services, and manage cancellations or refunds
· Respond to enquiries, customer service requests, and operational communications
· Ensure passenger safety and accommodate voluntarily provided medical, mobility, accessibility, or other safety-related information
· Process payments and maintain business, accounting, tax, insurance, and legal records
· Operate, maintain, secure, and improve our website and services
· Understand website traffic, visitor behavior, and user experience through analytics tools such as Google Analytics
· Send booking-related, administrative, and service communications
· Send marketing communications where permitted by law or with your consent
· Measure advertising performance, understand campaign effectiveness, and support retargeting or interest-based advertising where advertising technologies such as Google or Meta tools are used and permitted by law
· Comply with legal, regulatory, insurance, governmental, or law enforcement obligations
· Establish, exercise, or defend legal rights or claims
5. Legal Basis for Processing
We process personal data where it is necessary to perform a contract with you, comply with legal obligations, protect our legitimate business interests, protect passenger safety, respond to your requests, send communications with your consent where required, or where processing is otherwise permitted under applicable law.
6. Retention of Personal Information
We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, including customer service, business administration, accounting and tax compliance, insurance requirements, legal claims and dispute resolution, regulatory compliance, website security, analytics, and marketing records where permitted by law. When information is no longer reasonably required, we will delete, anonymize, or securely retain it in accordance with applicable legal and business requirements.
7. Sharing of Information
We may share personal information with third parties where reasonably necessary to operate our business, provide our services, comply with law, or support the purposes described in this Privacy Policy. These third parties may include:
· Booking platforms and reservation technology providers, including Bókun
· Third-party marketplaces, travel platforms, resellers, or tour aggregators, including Viator, GetYourGuide, and similar providers
· Payment processors and financial transaction providers
· Website hosting, cloud storage, security, and technology providers
· Analytics providers, including Google Analytics
· Advertising and marketing technology providers, including Google and Meta, where those tools are used
· Email, messaging, customer communication, and marketing service providers
· Captains, guides, crew members, contractors, and other operational partners involved in delivering booked services
· Insurers, professional advisers, legal representatives, courts, regulators, government agencies, or law enforcement authorities where required or appropriate
· Parties involved in a potential or actual sale, transfer, restructuring, merger, or other corporate transaction involving all or part of our business, subject to appropriate protections where applicable
We do not sell personal information to third parties. However, certain analytics, advertising, social media, booking, marketplace, and payment providers may independently collect and use information under their own privacy policies when you interact with their platforms, tools, cookies, pixels, or embedded services.
8. International Transfers
Because we use global technology providers, booking systems, marketplace platforms, analytics tools, payment processors, and advertising services, your information may be transferred to and processed in countries outside the Cayman Islands. Where such transfers occur, we take reasonable steps to ensure that appropriate safeguards are in place to protect personal data in accordance with applicable law.
9. Third-Party Booking Platforms, Marketplaces, and Service Providers
Our website and services may use or interact with Bókun and other third-party booking technologies. Customers may also book, enquire about, review, or interact with our services through third-party marketplaces or platforms such as Viator, GetYourGuide, Google, Meta, or similar providers.
When you provide information directly to a third-party platform, marketplace, payment processor, analytics provider, advertising provider, or social media platform, that party may collect, use, store, and disclose your information under its own privacy policy, terms, cookie policy, and security practices. This Privacy Policy applies to information that we collect or receive, but it does not control the independent privacy practices of companies that we do not own or control.
We encourage you to review the privacy policies and cookie notices of any third-party booking, payment, analytics, advertising, social media, or marketplace provider that you use in connection with our services.
10. Cookies, Analytics, and Advertising Technologies
Our website may use cookies, pixels, tags, analytics tools, and similar technologies to operate the website, remember preferences, understand visitor behavior, improve functionality, measure website and marketing performance, and, where applicable, support advertising or retargeting activities.
A cookie is a small file that a website assigns to your device when you visit a website. Cookies may help you navigate between pages efficiently, remember preferences, enable certain website features, improve your interaction with our services, compile statistical information about website use, and support analytics or advertising functions.
Our website may use session cookies, which are stored temporarily during a browsing session and deleted when you close your browser; persistent cookies, which remain on your device for a set period or until deleted; and third-party cookies, pixels, or similar technologies set by service providers such as analytics, advertising, booking, or social media providers.
We may use Google Analytics to collect information about how visitors use our website, such as how often users access the website, which pages they visit, how they arrive at the website, device and browser information, and other usage information. We use this information to improve our website, services, customer experience, and marketing effectiveness. Google Analytics may collect information such as IP address, device information, browser information, usage data, and cookie identifiers. We do not intentionally combine Google Analytics information with information that directly identifies you, unless otherwise disclosed or permitted by law.
Where we use advertising or social media technologies, including tools provided by Google or Meta, those technologies may use cookies, pixels, tags, or similar identifiers to help us measure advertising performance, understand interactions with our website or advertisements, build or evaluate audiences, and show relevant advertisements on other websites or platforms. These providers may collect information directly from your browser or device and may use that information under their own privacy policies.
You may control cookies through your browser settings and, where available, through website cookie tools or preferences. If you disable cookies, some website features may not function properly and your online experience may be limited. Depending on your location and applicable law, certain non-essential analytics, advertising, or social media cookies may require your consent before they are used.
11. Security
We implement reasonable technical, administrative, and organizational measures designed to protect personal information from unauthorized access, disclosure, alteration, loss, misuse, or destruction. However, no internet transmission, website, platform, or electronic storage system can be guaranteed to be completely secure.
12. Your Rights
Subject to applicable law, you may have the right to request access to your personal data, request correction of inaccurate information, request cessation of certain processing activities, request deletion of information where legally appropriate, withdraw consent where processing is based on consent, object to direct marketing, and complain to the Cayman Islands Ombudsman.
Requests may be submitted to welcome@starfishandsmiles.com. We may require verification of identity before responding to requests.
13. Marketing Communications
Where permitted by law or with your consent where required, we may send promotional emails, messages, or other marketing communications relating to our tours, offers, and services. You may unsubscribe from marketing communications at any time by following the instructions in the communication or contacting us directly. Booking confirmations, safety notices, administrative messages, customer service responses, and other operational communications may continue to be sent where necessary to fulfil our contractual or legal obligations.
14. Children’s Information
Our services are intended for families and may involve bookings for children. Personal information relating to minors should only be submitted by a parent or legal guardian. We do not knowingly collect personal information directly from children without parental involvement. If you believe a child has provided personal information to us without appropriate parental or guardian involvement, please contact us.
15. Changes to this Privacy Policy
We may update this Privacy Policy periodically. Any updates will be posted on this page with a revised “Last Updated” date. Continued use of our website or services after changes have been published constitutes acceptance of the revised Privacy Policy to the extent permitted by applicable law.
16. Contact Us
For questions regarding this Privacy Policy or our handling of personal information, please contact Starfish and Smiles Cayman Ltd. T/A Starfish & Smiles at welcome@starfishandsmiles.com or through www.starfishandsmiles.com. Grand Cayman, Cayman Islands.