Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Yachtfully ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at https://yachtfully.com and all yacht charter services we provide.

By accessing this website, submitting an inquiry, making a reservation, or boarding any vessel operated or arranged by Yachtfully, you ("Guest," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use our services.

All charters arranged by Yachtfully are time charters operated by USCG-licensed captains. We do not offer bareboat charters. Every vessel is crewed and captained for your safety and enjoyment.

You must be at least 18 years of age to book a charter, as this constitutes a legally binding contract under Florida law.

2. Definitions

The following definitions apply throughout these Terms:

• "Charter" means the rental of a vessel with captain and crew for a specified duration, as confirmed by the Company.
• "Primary Charter Guest" means the individual who makes the booking and is the primary point of contact for the charter. This person is responsible for the conduct of all guests in their party and for any financial obligations arising from the charter.
• "Guest" means any person aboard the vessel during the charter, including the Primary Charter Guest.
• "Captain" means the USCG-licensed master assigned to operate the vessel during the charter.
• "Crew" means any additional personnel assigned to the vessel for the charter, including but not limited to deckhands, stewards, and mate.
• "Vessel" means the specific boat or yacht assigned to the charter.
• "Charter Rate" means the total price quoted and confirmed for the charter, inclusive of captain, fuel, and standard crew.
• "Deposit" means the advance payment required to secure and confirm a booking.
• "Add-Ons" means optional services and amenities available at additional cost, such as catering, decorations, DJ, photographer, floral arrangements, private chef, drone services, and flyboarding.
• "Charter Date" means the confirmed date and time of departure for the charter.

3. Charter Services & Inclusions

Yachtfully arranges and provides crewed yacht charter services in the waters of South Florida. We are not a marketplace or booking aggregator. All charters are arranged directly by our team and operated by USCG-licensed captains.

All charter rates are all-inclusive and include:

• A USCG-licensed professional captain
• Fuel for the duration of the charter
• Standard crew (varies by vessel size and type)

Gratuity for the captain and crew is not included in the charter rate. A gratuity of 15–20% of the charter price is customary in the yacht charter industry and is greatly appreciated by our crew, though it is not mandatory and remains at the guest's discretion.

Optional add-on services such as catering, decorations, DJ, photography, drone services, floral arrangements, private chef, and flyboarding are available at additional cost. Add-on pricing and availability will be provided during the booking process.

4. Booking & Reservations

Submitting an inquiry through our website, by phone, email, or WhatsApp does not constitute a confirmed reservation. Our team will contact you to discuss availability, vessel options, finalize details, and arrange payment.

A booking is considered confirmed only when the required deposit has been received and the Company has issued written confirmation (via email or other written communication).

A deposit is required to secure your booking. The remaining balance is due prior to the charter date. Specific payment deadlines and methods will be communicated during the booking process.

The Company reserves the right to decline any booking at its sole discretion.

5. Cancellation Policy

If you need to cancel your confirmed charter, the following cancellation policy applies based on the number of days before the scheduled Charter Date:

• 30 or more days before the Charter Date: Full refund of all payments made, minus processing fees.
• 14–29 days before the Charter Date: 50% refund of all payments made.
• Less than 14 days before the Charter Date: No refund. A credit toward a future charter may be offered at the Company's sole discretion.

All cancellations must be communicated to the Company in writing (via email to info@yachtfully.com).

Rescheduling a charter is subject to availability and may be accommodated depending on circumstances. Weather-related rescheduling initiated by the captain's decision is handled under Section 6 (Weather Policy) at no additional cost to the guest.

6. Weather Policy

The safety of our guests and crew is our highest priority. The captain has sole and final authority on all weather-related safety decisions.

If weather or sea conditions are deemed unsafe by the captain, the charter will be rescheduled or canceled at no cost to the guest. The Company will work with the guest to find an alternative date whenever possible.

Light rain, overcast skies, or mild winds do not typically constitute unsafe conditions and do not warrant cancellation by the Company.

If a guest chooses to cancel their charter when the captain has determined that conditions are safe to proceed, the standard cancellation policy (Section 5) applies. The captain monitors NOAA marine weather forecasts and real-time conditions continuously.

7. Guest Conduct & Responsibilities

All guests must comply with the instructions of the captain and crew at all times. The captain is the master of the vessel and has absolute authority over all matters of safety and vessel operations.

The Primary Charter Guest is responsible for the conduct of all guests in their party. This includes ensuring that all guests are aware of and comply with these Terms, vessel rules, and the captain's instructions.

The captain may terminate the charter and return to the marina at any time if the behavior of any guest poses a safety risk to themselves, other guests, the crew, or the vessel. In such cases, no refund will be issued.

Guests are expected to treat the vessel, its equipment, and all crew members with respect. Any guest who engages in disruptive, dangerous, or unlawful behavior may be required to disembark at the captain's discretion.

8. Prohibited Items & Activities

The following items are strictly prohibited on all vessels:

• Glitter, confetti, and loose decorations (damage vessel surfaces and pose an environmental hazard)
• Balloons of any kind, including latex and Mylar (marine environmental hazard)
• Red wine on vessels with white interiors (at captain's discretion)
• Hookah or shisha on certain vessels (at captain's discretion)
• Self-tanning products (permanently stain upholstery)
• Glass containers on sport boats (26–37 ft) (safety hazard)
• Fireworks, sparklers, and pyrotechnics of any kind
• Firearms or weapons of any kind
• Personal BBQ or grills (fire safety)
• Black-soled shoes (mark teak decking)
• Illegal substances

Violation of these prohibitions may result in confiscation of the item(s), early termination of the charter without refund, and/or cleaning or damage charges assessed to the Primary Charter Guest.

9. Alcohol Policy

Guests may bring their own alcoholic beverages aboard (BYOB) on all charters. Yachtfully does not provide alcohol. Guests may bring their own beverages or arrange catering that includes beverages through an add-on package.

All guests consuming alcohol must be at least 21 years of age, in compliance with Florida law.

The captain may limit, refuse, or prohibit the consumption of alcohol at any time if a safety concern arises. The captain may terminate the charter and return to the marina if intoxication-related behavior poses a safety risk to any person aboard or to the vessel. No refund will be issued in such cases.

Guests are responsible for the responsible consumption of alcohol and for the behavior of all members of their party.

10. Vessel Capacity

The maximum guest capacity for each vessel is determined by its United States Coast Guard (USCG) certification. This capacity is a legal requirement and is non-negotiable.

Vessel capacity cannot be exceeded under any circumstances, regardless of the size of the party, the nature of the event, or any other consideration. Children and infants of any age count toward the maximum capacity.

If more guests arrive at the boarding location than the number booked or permitted by USCG certification, the excess guests will not be permitted to board. No refund, partial or otherwise, will be issued for a reduced party size in these circumstances.

11. Vessel Damage

The Primary Charter Guest is financially responsible for any damage to the vessel, its equipment, furnishings, or fixtures caused by any member of their party during the charter.

Damage includes but is not limited to: stains to upholstery or surfaces, broken fixtures or equipment, hull scratches, damage caused by prohibited items, and damage resulting from negligent or reckless behavior.

Fair wear and tear resulting from normal use of the vessel during the charter is excepted.

The Company reserves the right to assess and charge the Primary Charter Guest for the cost of repairs, cleaning, or replacement necessitated by guest-caused damage. The Company carries commercial marine insurance; however, insurance does not cover damage caused intentionally or through guest negligence.

12. Liability Limitations & Assumption of Risk

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Boating and water-based activities involve inherent risks that cannot be eliminated regardless of the care taken by the Company, its captains, and crew. By booking a charter and/or boarding a vessel, you voluntarily assume all risks associated with boating and water-based activities, including but not limited to:

• Drowning or near-drowning
• Slips, trips, and falls on wet surfaces
• Sunburn, heat exhaustion, and dehydration
• Seasickness and motion-related discomfort
• Changing weather and sea conditions
• Encounters with marine wildlife
• Injuries from water sports or swimming activities
• Property damage or loss due to water exposure

To the maximum extent permitted by applicable law, the Company's total liability for any claim arising from or related to a charter, including but not limited to property loss or damage, shall not exceed the total Charter Rate paid by the Guest for that specific charter.

The Company shall not be liable for:

• Loss of or damage to personal items left aboard the vessel after the charter
• The quality, safety, or performance of third-party add-on services (including but not limited to catering providers, photographers, DJs, and other vendors)
• Circumstances beyond the Company's reasonable control, including but not limited to acts of God, weather events, government orders, port closures, and mechanical issues not attributable to the Company's negligence
• Injuries or losses resulting from a guest's failure to follow the captain's or crew's instructions
• Injuries or losses resulting from a guest's own negligence, recklessness, or intoxication

NOTHING IN THESE TERMS SHALL BE CONSTRUED AS LIMITING THE COMPANY'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, OR AGENTS, AS SUCH LIMITATION IS PROHIBITED BY APPLICABLE FEDERAL MARITIME LAW (46 U.S.C. § 30509).

13. Indemnification

You agree to indemnify, defend, and hold harmless Yachtfully, its owners, officers, employees, agents, captains, and crew from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable law
• Your negligence or willful misconduct, or that of any guest in your party
• Damage to the vessel, its equipment, or any property caused by you or any guest in your party
• Injury to any third party caused by the actions or omissions of you or any guest in your party
• Any claim by a third party arising from your use of our services

14. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms, your charter, or our services, the parties agree to the following dispute resolution process:

Step 1 — Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to contact us at info@yachtfully.com describing the nature of your dispute. We will attempt to resolve the matter informally within five (5) business days.

Step 2 — Binding Arbitration: If the dispute cannot be resolved informally, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court in Miami-Dade County, Florida, provided the claim falls within the jurisdictional limits of that court.

Time Limitation: Any dispute, claim, or cause of action arising out of or related to these Terms or any charter must be commenced within one (1) year after the cause of action accrues. Failure to bring a claim within this period constitutes a waiver of that claim.

15. Privacy & Data

Your privacy is important to us. Information collected through our website, booking process, and charter communications is used solely for the purpose of responding to your inquiry, coordinating your charter, and improving our services.

We do not sell, rent, or share your personal information with third parties for marketing purposes.

For complete details on how we collect, use, and protect your data, please see our Privacy Policy.

16. Communications & SMS

By providing your phone number, email address, or WhatsApp contact during the inquiry or booking process, you consent to receive transactional communications from Yachtfully related to your charter, including booking confirmations, itinerary details, weather updates, boarding instructions, and follow-up communications.

These communications are necessary for the coordination and fulfillment of your charter and are not marketing communications.

You may opt out of non-essential communications at any time by replying STOP to any text message or by contacting us at info@yachtfully.com. Opting out of transactional communications related to an active booking may limit our ability to coordinate your charter effectively.

17. Intellectual Property

All content on this website, including but not limited to text, graphics, photographs, logos, icons, images, page layout, and software, is the property of Yachtfully or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this website without the prior written permission of Yachtfully, except for personal, non-commercial use such as printing a page for your own reference.

18. Media Release

Yachtfully may photograph or record video during charters for use in marketing materials, social media, and website content. By boarding the vessel, you grant the Company a non-exclusive, royalty-free, worldwide license to use images and recordings that include your likeness for promotional purposes.

If you do not wish to be photographed or recorded, you may opt out by notifying the captain before the vessel departs. The captain will make reasonable efforts to accommodate your request.

19. Force Majeure

Yachtfully shall not be liable for any failure to perform or delay in performing any obligation under these Terms where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to:

• Acts of God, including hurricanes, tropical storms, flooding, earthquakes, and other natural disasters
• Government orders, regulations, or restrictions
• Port or marina closures
• Pandemics, epidemics, or public health emergencies
• Civil unrest, terrorism, or acts of war
• Strikes, labor disputes, or supply chain disruptions
• Fire, explosion, or other casualty
• Mechanical failure not caused by the Company's negligence

In the event of a force majeure occurrence, the Company will offer to reschedule the charter or provide a refund at the Company's discretion, taking into account the nature and duration of the event.

20. Modification of Terms

Yachtfully reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Changes will be effective upon posting to this page with an updated "Last updated" date.

For material changes that affect guests with existing confirmed bookings, the Company will make reasonable efforts to notify those guests of the changes via email or other communication.

Your continued use of our website or services after any changes to these Terms constitutes your acceptance of the revised Terms.

21. Severability, Entire Agreement & Contact

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Yachtfully with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. To the extent that any matter is not subject to arbitration as set forth in Section 14, the exclusive venue for any legal proceedings shall be the state or federal courts located in Miami-Dade County, Florida.

Contact: If you have any questions about these Terms, please contact us:

Email: info@yachtfully.com
Phone: +1 (305) 216-6944
WhatsApp: Message us

Appendix A: Boarding & Departure

Guests must arrive at the designated boarding location at the confirmed departure time. A 15-minute grace period is provided.

• Late arrival: The charter duration will be reduced by the amount of the delay. The charter will not be extended beyond the originally scheduled end time.
• No-show: If no guest arrives within 30 minutes of the scheduled departure and no prior communication has been received, the charter will be deemed a no-show. The standard cancellation policy applies.

Our primary departure point is 1635 N Bayshore Dr, Miami, FL 33132. Some charters may depart from other locations depending on the vessel and itinerary. The exact boarding location, parking details, and arrival time will be confirmed with guests after the booking is finalized.

Appendix B: Age Requirements

You must be at least 18 years of age to book a charter with Yachtfully, as this constitutes a legally binding contract under Florida law.

Children of all ages are welcome aboard when accompanied by a parent or legal guardian. The supervising adult is responsible for the safety and conduct of all minors in their care at all times during the charter.

In accordance with Florida law, children under 6 years of age must wear a USCG-approved life jacket at all times while aboard the vessel.