Charter Yacht Booking Terms, Cancellation & No Refund Policy

Effective Date: ___________________

These Booking Terms, Cancellation & No Refund Policy ("Agreement") apply to all reservations made with [Your Company Name] ("Company," "we," "our," or "us"). By booking a charter, making a payment, or boarding the vessel, the person making the reservation ("Charterer") and all guests agree to be bound by these terms.

1. Reservation & Payment

A reservation is not confirmed until the required payment has been received and accepted by the Company.

Unless otherwise agreed in writing:

A deposit may be required to secure a reservation.
The remaining balance must be paid by the due date provided by the Company.
Failure to make timely payment may result in cancellation of the reservation without refund of any amounts already paid.

2. No Refund Policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE.

Because each charter date is reserved exclusively for your party, the Company does not issue refunds for:

Cancellations for any reason.
Changes in travel plans.
Illness or injury.
Family emergencies.
Work or scheduling conflicts.
Flight delays or cancellations.
Missed transportation.
Mechanical issues with the Charterer's personal vehicle.
Seasickness.
Personal dissatisfaction unrelated to the Company's failure to provide the charter.
Late arrivals.
Early departures.
No-shows.
Unused charter time.

The Company strongly recommends purchasing travel insurance or trip cancellation insurance.

3. Rescheduling

The Company is under no obligation to reschedule a charter cancelled by the Charterer.

If the Company elects to allow a reschedule, it is entirely at the Company's discretion and is subject to:

Availability.
Current pricing.
Any additional fees.

Any approved credit has no cash value and may not be transferred unless approved in writing.

4. Weather Policy

Safety is the Company's highest priority.

The Captain has sole and absolute authority to determine whether weather or sea conditions are safe for operation.

The following do not qualify for cancellation or refund:

Rain
Cloudy weather
Wind
Heat
Cold temperatures
Light chop
Seasickness concerns
Forecasts that differ from actual conditions

If the Captain determines that weather or sea conditions make the charter unsafe before departure, the Company may, at its sole discretion:

Reschedule the charter;
Issue a future charter credit; or
Refund amounts paid if the Company determines rescheduling or credit is not appropriate.

The Captain's decision is final.

5. Mechanical Failure

In the event of an unexpected mechanical failure that prevents the charter from safely operating, the Company may:

Substitute another vessel, if available;
Reschedule the charter;
Issue a charter credit; or
Provide a full or partial refund, depending on the portion of the charter affected.

The Company's liability shall not exceed the amount paid for the charter.

6. Captain's Authority

The Captain has absolute authority over the vessel at all times.

The Captain may refuse boarding or terminate a charter without refund if any guest:

Appears intoxicated.
Uses illegal drugs.
Becomes violent or abusive.
Harasses crew or passengers.
Engages in unsafe behavior.
Violates federal, state, or local law.
Refuses to follow safety instructions.
Damages Company property.
Creates unsafe operating conditions.

The Captain's decisions are final.

7. Alcohol & Drug Policy

Alcohol may be permitted where allowed by law and at the Captain's discretion.

Illegal drugs are strictly prohibited.

The Company reserves the right to deny boarding or terminate the charter immediately without refund if illegal drugs are possessed or used onboard.

8. Damage to Vessel

The Charterer is financially responsible for damage caused by the Charterer or any guest beyond normal wear and tear.

The Company reserves the right to charge the payment method on file for:

Property damage
Excessive cleaning
Missing equipment
Smoking-related damage
Vomit cleanup requiring professional services
Repairs caused by negligence or intentional misconduct

Additional legal remedies remain available.

9. Personal Property

Guests are responsible for their personal belongings.

The Company is not responsible for lost, stolen, or damaged property.

10. Assumption of Risk

Boating is an outdoor recreational activity that carries inherent risks, including but not limited to:

Slips and falls
Wet surfaces
Sudden vessel movement
Rough water
Exposure to sun and weather
Drowning
Injuries caused by waves or wakes

By participating, guests voluntarily assume all inherent risks associated with recreational boating.

11. Release of Liability

To the fullest extent permitted by law, the Charterer releases and holds harmless the Company, its owners, employees, captains, crew members, contractors, and agents from claims arising from participation in the charter, except where caused by gross negligence, willful misconduct, or where liability cannot legally be waived.

12. Indemnification

The Charterer agrees to defend, indemnify, and hold harmless the Company from claims, damages, liabilities, costs, and attorney's fees arising from:

The acts or omissions of the Charterer or guests;
Property damage caused by the Charterer or guests;
Violations of law by the Charterer or guests; or
Breaches of this Agreement.

13. Force Majeure

The Company shall not be liable for cancellations, delays, or inability to perform due to events beyond its reasonable control, including but not limited to:

Hurricanes
Tropical storms
Floods
Fires
Government actions
Coast Guard restrictions
Port closures
Public health emergencies
Labor strikes
Civil unrest
Terrorism
War
Power outages
Mechanical failures caused by extraordinary events
Other acts of God

In such cases, the Company may reschedule the charter or issue a charter credit at its discretion, unless otherwise required by law.

14. Compliance with Laws

Guests agree to comply with all applicable federal, state, and local laws, including all Coast Guard safety requirements and Captain instructions.

Failure to comply may result in immediate termination of the charter without refund.

15. Photography & Marketing

Unless the Charterer notifies the Company in writing before departure, the Company may use photographs or videos taken during the charter for advertising, marketing, and social media purposes. No compensation will be provided for such use.

16. Limitation of Liability

To the maximum extent permitted by law, the Company's total liability arising out of the charter shall not exceed the total amount paid for the reservation.

The Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost vacation time, lost profits, travel expenses, hotel costs, or other incidental losses.

17. Dispute Resolution

The parties agree to first attempt to resolve any dispute through good-faith negotiation.

If the dispute cannot be resolved, it shall be submitted to binding arbitration in the state where the Company principally operates, unless applicable law requires otherwise. Each party shall bear its own attorney's fees unless otherwise awarded by the arbitrator or required by law.

18. Governing Law & Venue

This Agreement shall be governed by the laws of the State of __________________ and applicable federal maritime law.

If any claim is permitted to proceed in court, exclusive venue shall be in the state or federal courts located in __________________ County, __________________.

19. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the charter and supersedes all prior oral or written communications concerning the reservation.

21. Acceptance

By booking a charter, making payment, electronically signing, or boarding the vessel, the Charterer acknowledges that they have read, understood, and agreed to these Terms, including the No Refund Policy.

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