Terms of Service

Last Updated: March 22nd, 2019

PLEASE READ THESE TERMS OF SERVICES CAREFULLY

You agree that by creating an account, booking a boat using the Boat Cruiser website, participating in the Referral Program, registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with The Cruiser Group LLC. operating as d/b/a Boat Cruiser, (hereafter referred to as “Boat Cruiser”, “we”, “us”, or “our”). If you do not agree that these terms of services (“Terms”) form a contract with you, or should you not wish to agree to these terms, do not use our services, book our boats, charter our vessels, or participate in anything on our website or otherwise use any of the Services. If you agree to these Terms, you have the right to obtain personal information from Boat Cruiser that is associated with our Privacy Policy. Failure to use the Services in accordance with these Terms may subject you to civil and/or criminal penalties.

You agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content, and your participation in the Referral Program. These Terms constitute a binding legal agreement between you and Boat Cruiser.

Boat Cruiser provides boat and yacht charter and rental services with or without a USA or International marine captain’s license. Boat Cruiser also provides Captain Services to those who request it. These Captains are not for hire outside Boat Cruiser charters and cannot be solicited for work. Boat Cruiser provides a platform for booking and purchasing or making payment for our services which is made available at https://boatcruiser.com and any other websites through which Boat Cruiser makes the platform available (collectively, the “Sites”)

Your use of our Services is also subject to our Privacy Policy. Other services offered by Boat Cruiser that link to these Terms are, collectively, the “Services”.

YOU UNDERSTAND AND AGREE THAT BOAT CRUISER IS NOT A BOAT BROKER, AGENT OR INSURER. BOAT CRUISER HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THE REGARD.

When using or opening an account with Boat Cruiser on behalf of a company, entity, or organization, you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.

Definitions

“Bareboat Rental”

A rental of a Boat supported by a written agreement whereby the Boat Owner transfers “the incidents of ownership” including but not limited to full possession, control and use of the Boat to Renter and Renter is responsible for all aspects of the Boat during the Rental including manning, provisioning and otherwise.

“Boat(s)”

means marine vessels.

“Boat Cruiser Content”

means all Content that Boar Cruiser makes available through the Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content”

means Member Content and Boat Cruiser Content.

“Content”

means text, graphics, images, music, software, audio, video, information, and any other content or materials.

“Member”

means a person who completes Boat Cruisers account registration process.

“Captained Charter”

A rental of a Boat supported by a written agreement whereby Boat Cruiser makes the Boat available to the Renter but the owner remains responsible for all aspects of operating the Boat including but not limited to manning and provisioning the Boat. All Boats ensure compliance with all applicable coast guard, local, state and federal laws for the specific type of operation of the Boat.

“Tax” or “Taxes”

mean any sales taxes, goods and services taxes (GST), value-added tax (VAT), and any other applicable or similar municipal, state and state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

Modification

Boat Cruiser reserves the right, at its sole discretion, to modify the Services or to modify these terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to our updated Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Number of Passengers

As per the US Coast Guard regulations, all privately owned boats and yachts for charter in the United States are limited to a maximum capacity of TWELVE (12) passengers plus crew. The regulation issued is named the Passenger Vessel Safety Act of 1993. We cannot accept more than TWELVE (12) passengers on board, no matter the size of the vessel or the age of the passenger. In other words, any passengers such as an adult or child count toward the TWELVE (12) passenger limitation.

NOTICE: Management and Captain reserve the right to refuse admittance to, or eject from the premises, any persons failing to comply with any safety regulations or terms of the contract.

Boat Cruiser, its staff, Captain or any other crew member on board of each vessel or office reserve the right to refuse service to anyone who is hostile, aggressive, obnoxious and/or drunk. If service is refused prior to your trip or during your trip all money paid will be forfeited and a refund will not be honored.

Time Charter

We do not have set charter time blocks, each charterer has the ability to select the time that best fits their needs as long as that time is between 10:00 AM and 6:00 PM EST. Unless otherwise agreed upon with a written contract.

We include a required safety briefing that lasts approximately 15 to 20 minutes at the start of the charter, times may vary depending on the vessel size. This safety briefing is part of your charter time. We recommend you arrive 15 to 20 min early to your charter if all passengers are present at that moment we will start the required safety briefing early so it will not take up your time on the boat.

We allocate approximately 15 to 20 minutes at the end of the charter to allow for disembarkation, this time is part of your charter time. Failure to disembark within the allocated 15 to 20 minutes at the dock will result in additional charges for time.

Your charter time begins promptly at the beginning of your contracted time. If you fail to arrive on time, the vessel will be waiting for you. No refunds or extra time will be authorized for late arrivals. No refunds for no-shows. If you fail to show, then your charter experience will be considered complete and your charter fee will be forfeited.

Restrictions

Boat Cruiser Co. has the right to restrict and or limit certain activities onboard their vessel.

• If a yacht is going to be used in a commercial video, the nature of the video must be disclosed prior to contract, allowing Boat Cruiser Co. to approve of their vessel being used in the video.
• Use of beds is limited to overnight guests only. Sheets are not on the beds for day charters. If beds are used on day charters, there will be a $500 cleaning and sanitation fee per room.
• Smoking is not permitted on any of our vessels this included electronic cigarettes and vape pens or vaporizers of any kind. If smoking is allowed as part of your contract it will be limited only to the cockpit area of the boat. For information on the cockpit area of the boat please ask the captain. There is no smoking inside any vessel. This includes bathrooms, bedrooms, galley, or any area that is enclosed.
• Red wine is not allowed on any of our vessels.
• Grilling aboard vessels that are equipped with grills is limited to guests chartering for long-term charters or destinations.
• Hookahs are NOT allowed on any boat.
• Pet’s and Animals of any kind are not allowed on any of our day charters, for long-term charters pets are allowed and will have an additional cleaning fee applied if you decide to bring your pet onboard. Not all vessels allow pets or animals. Service animals are the only animals allowed onboard, with proper documentation. Emotional support animals are not allowed.

Cancellation Policy

Once you have scheduled a date and payment has been made for your booking reservation, no refunds will be given. You may reschedule your booking for a $500 fee if you reschedule within 48 hours of your scheduled charter time. There is no fee to reschedule with more than 48 hours notice and acceptance. All reschedule notifications must be in writing either via text or email. The reschedule notification must include a new date and time and is subject to availability. Your request must be verified and accepted prior to 48 hours of your contracted charter. The request is subject to availability of the boat and crew. Your verification and acceptance must be completed prior to 24 hours of your charter date and time to be valid for no change fee. Please allow extra time for Boat Cruiser to make the necessary arrangements with the crew. Failure to allow enough time for the change is not the fault of Boat Cruiser or its representatives or the owner of the vessel. Rescheduling is valid for up to 1 year from the original date of the charter; change dates will not be accepted for more than one year from the original contracted charter date. Once the change has been verified and accepted, you will receive a written acceptance. No other changes may be made once you have rescheduled the charter for a later date. Please select your change date and time accordingly. Requests for any additional rescheduling changes to your charter will be charged a $500 change fee.

Failure to appear on your booked date or to reschedule, prior to your booked charter, will result in the loss of the value of your experience and your charter fee will be forfeited. No refunds or extra time will be authorized for late arrivals or no shows. In the event your experience is canceled due to a named storm as per the National Hurricane Center you may reschedule your experience. All sales are final; no substitutions and no refunds. At the sole discretion of the charter captain, if your charter is canceled due to a named storm, then you will receive a full refund of all monies paid.

Weather Related Cancellation Policy

Miami is located in a tropical environment and it is not uncommon to experience rain showers. The contract cannot be canceled due to weather conditions unless of a named storm as outlined above. Most of our vessels have XM Weather capabilities; if safe, the vessel can navigate around many rain cells.

Boat Cruiser has the right to cancel any trip due to weather. If Boat Cruiser initiates the cancelation of the trip, a refund for all the full amount paid will be issued or your trip rescheduled. Weather-related cancellations issued by Boat Cruiser are made the same day as the trip. Trips will not be canceled if the forecast shows showers prior to the date of the trip.

In the case of a rainstorm that occurs after the start of your trip, the decision of canceling the charter, tour or trip early will be in the sole discretion of the Captain to ensure the safety of the passengers onboard. In the case where the trip gets canceled due to weather, no later than half of your trip time, you will have the option to reschedule your trip to another date or receive a partial refund for time not spent. If the trip gets canceled after half of the trip time, you will only have the option to receive a partial refund for time not spent.

Illegal Substances and Illegal Activities

1. If the Passengers, charter, or tour is involved in any illegal form of smuggling or illegal drugs, drug paraphernalia or contraband, all monies paid will be forfeited and the charter will end abruptly — This includes marijuana – even medicinal marijuana — no exceptions.
2. All guests will be required to disembark from the vessel at the nearest dock.
3. Captain will radio the US Coast Guard, FWC Law Enforcement, and/or local police to notify of illegal drugs onboard.

Charterer’s Responsibilities

1. The Charterer assumes all responsibility for any injury, death or property that may be the fault of, or occasioned by the negligence of the Charterer, his guests or servants.
2. All yacht Crew is employed by Boat Cruiser or third party associated with Boat Cruiser. if charterer requests to hire his or her own Crew they must be named on Owner’s Insurance Policy.
3. The Owner and insurance underwriters of the yacht accept no responsibility or liability for accidents, injuries or death due to swimming, snorkeling, or any other water sports equipment including, but not limited to, kayaks, wave runners (jet skis), tubes or kneeboards – whether or not it is supplied by the Owner, Broker, Agent, or Charterer.
4. Charterer agrees to limit the total number of passengers on board the vessel to the maximum number of TWELVE (12) as per the USCG regulations (those vessels that accommodate less than 12 passengers, the allowed amount of total passengers including Captain will be stipulated on the listing and brought to the attention of charterer.)
5. Charterer assumes full responsibility for any possessions brought onboard, whether owned, borrowed, leased or rented; knowingly or unknowingly (including drugs brought on by charterer’s invited guests.) Furthermore, Charterer assumes full responsibility to assure that all possessions are taken off of the vessel at disembarkation. The Owner and/or Agent assumes no responsibility for any possessions brought on the vessel or left onboard by the Charterer or Charterer’s Guests.
6. The Charterer further agrees to indemnify and save the Owner and/or Agent harmless from any and all liabilities for loss, damage, accident, or injury to himself or third persons, occasioned by the negligence of the Charterer or those employed by the charterer.

Vessel Damages

1. In the event of damage related to abuse or mistreatment of the vessel, damage expenses may be billed to the Charterer’s credit card when applicable. Charterer will be offered a pre-inspection at the beginning of the charter and a post-inspection of the vessel prior to disembarkation.
2. If the vessel owner permits smoking onboard, smoking is only permitted in the vessel cockpit. There will be no smoking below decks. No Hookahs allowed on any boat.
3. We require a credit card on file for all charters, even if you pay by cash, EFT or wire transfer.