Terms and Conditions of Use – PescaYa

Last Updated: August 15, 2025

These Terms and Conditions (“Terms”) govern access to and use of PescaYa, a booking platform operated by CZ Web Service S.A. By using the Platform, you agree to be legally bound by these Terms. If you do not accept them, you may not use the Platform.

1. Introduction

PescaYa is an online booking platform that connects Hosts (fishing tour providers) with Customers (individuals booking fishing tours). PescaYa acts solely as an intermediary and not as a tour operator.
By registering, publishing, booking, or using the Platform, you accept these Terms.

2. Definitions
  • Platform: The PescaYa website and related services.
  • Host: Any individual or company offering fishing tours through the Platform.
  • Customer: Any individual booking fishing tours through the Platform.
  • Reservation: A confirmed booking made by a Customer through PescaYa.
3. Use of PescaYa

By using the Platform, you agree not to:

  • Violate international laws or the laws of the Republic of Panama.
  • Post abusive, obscene, indecent, or threatening content.
  • Publish false or misleading information.
  • Infringe on the rights of third parties.
  • Collect data, listings, or content from the Platform without authorization.
  • Attempt to bypass security measures.
  • Use bots, plugins, or tools to manipulate the Platform’s functions.

PescaYa reserves the right to suspend or cancel accounts that violate these Terms.

4. Responsibilities
Host Responsibilities
  • Provide accurate and up-to-date personal, banking, and tour information.
  • Ensure that descriptions, pricing, and photos are truthful.
  • Deliver the service as advertised.
  • Coordinate tour details directly with the Customer.
  • Assume liability in case of cancellation or non-compliance.
  • Comply with applicable tax laws in Panama.
  • Report disputes or issues to PescaYa.
Customer Responsibilities
  • Provide truthful and complete information when registering and booking.
  • Verify that the service received matches the description.
  • Communicate with Hosts to coordinate the tour.
  • Notify PescaYa in case of disputes.
  • Respect deadlines for cancellations or modifications.
5. Bookings and Payments
  • Reservation Confirmation: A booking is confirmed once the Customer makes payment. Both parties will receive a confirmation code with the tour details.
  • Payment Retention: PescaYa retains payment until the tour date has passed and no dispute has been filed within 24 hours.
  • Commission: PescaYa deducts a 15% commission from the reservation value, covering operating costs and taxes.
  • Payout Timeline: Hosts will receive their net payment within 7 business days after the tour date, provided no dispute has been filed.
Example:
  • Reservation Value: $100
  • Commission (15%): $15
  • Host Payment: $85
6. Cancellations and Refunds
By the Customer
  • Cancellation policies are determined by the Host and displayed on each tour listing.
  • Customers are responsible for reviewing and accepting these policies before booking.
  • If eligible for a refund under the Host’s policy, PescaYa will process it accordingly.
  • PescaYa applies a 10% service penalty on cancellations, in addition to any Host penalties.
By the Host
  • If the Host cancels, the Customer will receive a full refund, including PescaYa’s commission.
  • PescaYa may apply penalties to the Host for unjustified cancellations, deducted from future payouts.
Refund Processing
  • Refunds are subject to the Host’s published policy.
  • PescaYa mediates disputes between Customers and Hosts.
  • In cases of Host non-compliance or unjustified cancellation, PescaYa guarantees a full refund to the Customer.
7. Privacy and Data Protection

PescaYa handles personal data in accordance with Law No. 81 of March 26, 2019 (Personal Data Protection Law of Panama).

  • User data is confidential and used only for booking, payment, verification, and communication purposes.
  • Data is stored on secure servers, though users acknowledge that online transmissions may be vulnerable.
  • Customers may opt out of receiving promotional communications.
  • Users may exercise their rights to access, correct, restrict, or delete their data by contacting: Hola@PescaYa.com. PescaYa will respond within 5 business days.
8. Liability Disclaimer
  • PescaYa acts solely as an intermediary and does not organize, operate, or supervise tours.
  • PescaYa does not guarantee the quality, safety, legality, or outcomes of tours.
  • Customers participate in fishing activities at their own risk.
  • PescaYa is not liable for injuries, losses, damages, or disputes arising from Host services.
  • Service interruptions, errors, or failures caused by third parties or users are outside PescaYa’s responsibility.
9. Force Majeure

PescaYa is not responsible for delays, cancellations, or failures caused by circumstances beyond its control, including natural events, weather conditions, pandemics, labor disputes, government actions, technical failures, or any other force majeure event.

10. Indemnification

Users (Hosts and Customers) agree to indemnify and hold harmless PescaYa, its directors, employees, and affiliates against any claims, damages, losses, liabilities, or expenses (including legal fees) arising from:

  • Misuse of the Platform.
  • Breach of these Terms.
  • Any activity or dispute related to Host services.
11. Dispute Resolution

Parties agree to first attempt to resolve any dispute through direct negotiation and internal mediation with PescaYa before pursuing legal action. Only if mediation fails may the matter proceed to court.

12. Modifications

PescaYa may update these Terms at any time. Changes will be notified on the Platform or by email. Continued use constitutes acceptance of the updates.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Panama. Any disputes shall be resolved exclusively in the courts of Panama City, Panama.

Privacy Policy

The personal data you provide to PescaYa is considered confidential and private unless such information is public and/or published through social media linked to PescaYa. In such cases, you agree that the information is public and therefore not confidential, and that PescaYa has the right to use it for purposes deemed appropriate in accordance with applicable regulations.

As a buyer and/or seller, you understand and accept that all online transfers (Internet) involve a process in which private or public networks may be vulnerable. Similarly, the customer and/or host accept that any action performed may be monitored or intercepted by third parties, even if there is a clear notice that the transaction is encrypted. PescaYa will make every effort to protect its servers and the information on them, ensuring the safeguarding of private user data.

PescaYa reserves the exclusive right to, without prior notice, cancel access to the Platform for any host/customer or user (which implies deactivation) due to rights violations or non-compliance with these Terms and Conditions.

Use and Processing of Personal Data

The user guarantees that the information provided to use this platform is truthful, complete, accurate, and up-to-date.

In accordance with Law No. 81 of March 26, 2019, Personal Data Protection Law, the personal data that the Customer provides to PescaYa will be used exclusively for purposes related to purchases, sales, and, especially, for general communication between PescaYa and sellers/buyers; to validate purchase and/or sale data; to finalize a fishing tour; to respond to inquiries; and to send offers, unless the Customer opts not to receive them.

PescaYa assumes that the data has been provided by its owner or by a person authorized by them and that such data is correct and accurate. By accepting these terms and conditions, the user acknowledges that the personal data provided through the PescaYa website may be used for subsequent offers different from those offered on the Platform, unless the Customer opts not to receive them.

The only personal information PescaYa retains is the information provided by the user for verification, purchase, or sale purposes. This information is protected on PescaYa’s servers and is only accessed by PescaYa’s team for user verification. PescaYa guarantees sellers, buyers, and users the free exercise of their rights to access, restrict, cancel, and object to their personal data, as established in Law No. 81 of March 26, 2019, Personal Data Protection Law. Therefore, users may make requests related to these rights, and within a maximum of 5 business days, PescaYa must respond and effectively implement such requests.

For any questions about the processing of personal data, any user may contact PescaYa at the email address Hola@PescaYa.com.

Exclusions of Warranties and Responsibilities
PescaYa operates as an intermediary and does not guarantee:
  • The quality, safety, or legality of the activities offered.
  • That the customer’s expectations will be met.
  • PescaYa is not responsible for service interruptions, errors, or non-compliance by Platform users.

Additional clarification: PescaYa is not responsible for the outcomes or the direct experience of the tours booked through the Platform. All activities are carried out under the sole responsibility of the host and the customer.

Modifications PescaYa may update these terms and conditions at any time. Changes will be notified through the website or email. Continued use of the Platform implies acceptance of the updates.

By using PescaYa, you accept all the terms and conditions described in this document, subject to the laws of the Republic of Panama.