Sample Charter Agreement
This document is provided for convenience as a sample only, and should not be edited or signed. Upon booking you will be provided with an electronically singable version via email which may differ slightly depending on the specifics of each individual charter.
CRUISE DATE, TIME, AND PARTIES TO AGREEMENT
Tampa Bay Yacht Charters LLC (TBYC) is in the business of chartering yachts (“Vessel”) to the public; and Whereas, (CUSTOMER NAME) wishes to charter a Vessel from TBYC on
(CHARTER DATE AND TIME)
The charterer named above must be on board for the duration of the charter, and may not transfer, sell, or otherwise reassign this charter agreement to a third party without written approval of TBYC.
1. FEE, PAYMENT and CANCELLATION PRIOR TO CHARTER
A. CHARTER FEE. The total fee for the charter will be $XXXX (“Fee”) excluding tax, excluding crew gratuity, excluding any discount, excluding any relocation, early boarding, wedding or other fees, excluding refundable security deposit. Additional hour if available can be purchased for $300 plus tax and gratuity.
B. DEPOSIT AND PAYMENT. A 25% deposit (“Deposit”) will be due upon signing this Agreement to confirm booking the Charter Date. The remaining balance of the Fee will be due no later than 30 days prior to the Charter Date. If Charterer wishes to book a Charter Date within 30 days of the date of the Agreement, the entire amount of the Fee will be due upon signing this Agreement.
C. CANCELLATION: If Charterer cancels 61 days or more prior to the Charter Date, the Deposit shall be refunded, less a $100 cancellation charge. If Charterer cancels 31-60 days prior to the Charter Date, the Deposit shall be refunded, less a $200 cancellation charge. If Charterer cancels within 30 days of the Charter Date, the Charterer will receive a refund of the Fee, minus a $250.00 cancellation charge, only if TBYC is able to arrange a substantially equivalent charter for the same Charter Date. If TBYC is unable to arrange such an equivalent charter, the Charterer will not receive a refund, but rather apply the full amount of the charter, minus a $250.00 cancellation charge, towards another charter within six months of the cancelled Charter Date.
D. WEATHER CANCELLATION: If prior to the commencement of the charter, the Captain deems the weather conditions unsafe and cancels the charter, TBYC will allow for rescheduling of the charter on an available date within twelve months from the cancelled Charter Date. If Charterer or TBYC is unable to reschedule the charter, TBYC will refund the Fee.
If the Captain deems it necessary to cancel the charter after leaving the dock and prior to the stated expiration time of the charter, whether due to inclement weather or unsafe conditions, then the Charterer will be entitled to a prorated refund, based on the number of hours of the stated charter versus the number of hours actually away from the dock.
2. UNCONTROLLABLE EVENTS
In the event TBYC is unable to perform under the terms of this Agreement, for reasons beyond the control of TBYC, including but not limited to: uncertainties of navigation, unfavorable weather conditions, Vessel break down, lay up for repairs, acts of God or acts of terrorism, then TBYC shall reschedule a replacement charter at a mutually convenient time within six months of the cancelled Charter Date. If rescheduling is not possible for either Charterer or TBYC, TBYC will refund all amounts paid by Charterer under this Agreement. The terms “fully perform” as used above shall mean TBYC providing a completed charter as contemplated by this Agreement. Notwithstanding the foregoing, if due to the events described immediately above, the Vessel is unable to leave the dock or must return to the dock before the end of the charter and TBYC can still provide the vessel as intended for the event, Charterer agrees to pay TBYC and TBYC shall be deemed to have performed its obligations hereunder and earned all amounts due to it under this Agreement.
3. LIMIT OF LIABILITY
Except for damages arising out of personal injury or property damage caused by the negligent or intentional acts of TBYC or its agents, TBYC’s liability to Charter shall not exceed the amounts paid by Charterer hereunder. In no event shall TBYC have liability to Charterer for any incidental, indirect, special or consequential damages, whether based on contract, tort or any other legal theory.
Charterer agrees to indemnify, hold harmless and defend TBYC from any and all claims and liabilities for loss or damage to Charterer, guests, invitees, and to any third parties whatsoever, which may be occasioned by the negligence or intentional acts of Charterer, guests or invitees.
4. CONDITION
The Vessel shall be commissioned and in good working order on the Charter Date, with all equipment required by the U.S. Coast Guard, and in clean condition throughout. Any damage to the Vessel, beyond normal wear and tear, caused by the negligence or intentional acts of the Charterer, guests, or invitees during the charter, shall be charged to and paid for by Charterer. If a client or one of his guests flushes anything down a toilet other than the toilet paper provided and human waste, such as sanitary pads, paper towels, napkins, wet wipes, etc., and this causes the toilet to be clogged, there will be a non-negotiable fee of $250.00 additional charge for each toilet that needs to be repaired. A $250.00 security deposit will be retained for this purpose.
5. INSURANCE
TBYC carries insurance for the Vessel to cover customary risks of a yacht of its size and type, including hull protection and indemnity coverage, and public liability coverage.
6. CREW & CAPTAINS AUTHORITY
TBYC shall provide a Captain and crew for the charter. The Captain and crew shall be appropriately licensed, qualified, knowledgeable and familiar with the Vessel and local waters, and have sufficient expertise and experience to manage and handle the Vessel safely and competently.
The Captain shall direct the course of the charter. The Captain has authority over the safe navigation of the Vessel, including matters concerning wind, weather, routes, anchorages, and the like. The Captain further has authority over the safe use of the equipment, furnishings and appurtenances of the Vessel, and may prohibit unsafe activities or use of same.
The Captain has full authorization to terminate the charter due to any unsafe or illegal actions of guests as determined solely by Captain. CHARTERS TERMINATED DUE TO UNSAFE OR ILLEGAL ACTIONS BY CHARTERER OR THIER GUESTS WILL NOT RECEIVE A REFUND.
7. DRUGS AND OTHER ILLEGAL ACTIVITIES. ZERO TOLERANCE
The use, transport, or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, or the participation in any other unlawful activity, such as underage alcohol consumption, is strictly prohibited. Guests may be denied boarding if the Captain feels they show signs of impairment prior to the cruise. The participation in any of these activities by any member or guest of the charter party constitutes a material breach of this Agreement and shall be cause for immediate termination of the charter by TBYC without refund of the charter Fee or any other payments made by Charterer.
ZERO TOLERANCE
Under NO circumstances are illegal substances permitted on board. Medical Marijuana and Cannabis is not legal on the Federal level and cannot be allowed on board. Any passenger bringing federally illegal substances on board, including marijuana or any cannabis product , even if they posses a medical card will be held responsible for all damages that may be caused by such action, including but not limited to: entire cost of vessel due to confiscation by authorities, loss of income due to vessel down time, liability for injuries, legal fees incurred by all parties, etc. Our captains are bound by USCG rules to immediately report all possession of illegal substances to authorities, who will meet us at the dock or board us on the water to take further action. Any instance of any substance on board which is not Federally Legal including any cannabis product will result in IMMEDIATE TERMINATION OF THE CHARTER FOR ALL GUESTS WITH NO REFUNDS GIVEN.
8. VIDEO MONITORING
TBYC employs the use of security cameras in common areas of the yacht.
9. MARINA ADDRESS, PARKING, BOARDING AND MARINA ETIQUETTE
We depart from the Harborage Marina, 1110 3rd Street South,
St Petersburg, FL 33701.
Complimentary guest parking is offered in the lot across the street from the marina. Parking in the tenant lot (dirt lot) is prohibited.
BOARDING
Please wait under the white tent at the marina entrance until your boarding time; a uniformed crew member will meet you there 15 minutes prior to your scheduled departure. Early boarding may be arranged for an additional fee.
MARINA ETIQUETTE
We are all guests of the marina, and as such, we ask that you respect the other boaters’ privacy and keep noise to a minimum while inside the marina. Guests are NOT permitted to use the marina pool.
10. FOOD
If bringing your own food, please bring everything ready-to-serve as cooking/warming is not available on the yacht. Sterno fuel cans are NOT permitted. If using a caterer other than ExecChef, Perfect Plates, or Publix, please let us know so that we can coordinate delivery with them. Bottled water and ice will be provided at no charge, as well as plates, cups and plastic cutlery.
11. ALCOHOL POLICY & INTOXICATION
ALCOHOL POLICY:
You may bring alcoholic beverages aboard, including red wine and punch drinks. Glass is prohibited except for wine or liquor bottles. Glass bottles must remain on the bar area inside the cabin and cannot be carried about the vessel. Any passenger consuming alcohol must be at least 21, and passengers assume legal consequences due to drinking of alcohol. ALL GUESTS MUST BE READY TO PRESENT VALID GOVERNMENT ISSUED PHOTO IDENTIFICATION BEFORE BOARDING THE YACHT. The captain may deny boarding to any underage guests or require the charter continue without alcohol on board the yacht.
THE CAPTAIN HAS FULL AUTHORITY TO REMOVE OR CONFISCATE ANY AND ALL ALCOHOL PRESENT ON BOARD THE YACHT AT ANY TIME FOR ANY REASON DEEMED NECESSARY BY THE CAPTAIN. NO REIMBURSEMENT WILL BE GIVEN.
INTOXICATION:
Should a guest become intoxicated, or show up intoxicated, the captain reserves the right to deny service or return the offending individual/group to the dock. NO RESCHEDULING AND NO REFUNDS WILL BE ISSUED FOR CHARTERS SHORTENED OR CANCELLED DUE TO INTOXICATED GUESTS. It’s nice to enjoy a few drinks while out for your cruise, but intoxicated individuals create unsafe and uncomfortable conditions for all. We want everyone to have a fun, enjoyable, and memorable cruise.
ANY INSTANCE OF VOMIT INSIDE THE CABIN WILL RESULT IN AN EXCESS CLEANING FEE OF $100 PER INSTANCE. This fee will not be levied for instances that occur on the outside deck. WE WILL RETURN ANY AND ALL ILL PASSENGERS TO THE DOCK AT THE EARLIEST OPPORTUNITY, REGARDLESS OF WHY THEY ARE ILL. THE CAPTAIN MAY RETURN ALL GUESTS TO THE DOCK IN INSTANCES WE FEEL ARE CAUSED BY OVER INTOXICATION, EVEN IF ONLY ONE GUEST BECOMES ILL.
We welcome your responsible enjoyment of alcoholic beverages, however IF YOUR PLANS INCLUDE HEAVY DRINKING OR INTENTIONAL INTOXICATION WE SUGGEST YOU FIND ANOTHER VENUE FOR YOUR EVENT.
12. INAPPROPRIATE BEHAVIOR
Should passenger actions or behavior make the crew feel that safety is compromised, other guests are made to feel uncomfortable, or that they are unable to focus on cruising the boat and maintaining safe conditions, THE CAPTAIN RESERVES THE RIGHT TO DENY SERVICE AND/OR RETURN THE OFFENDING INDIVIDUAL OR THE ENTIRE GROUP TO THE DOCK. NO REFUNDS WILL BE ISSUED.
13. LIFE JACKETS & SAFETY BRIEFING
As a USCG certificated vessel, we have enough life jackets on board for all passengers and crew. If you’re cruising with children and are more comfortable bringing their own life jackets, please do so.
The Captain will require your attention upon boarding for a short safety briefing prior to your cruise as required by USCG regulations.
14. LITTER
Intentionally throwing, dropping or releasing anything from the vessel including releasing balloons, is strictly prohibited and will result in termination of the charter with no refunds given.
15. PASSENGER LIMIT
Per USCG Regulations, we are limited to 20 passengers maximum, including children and infants.
The 20 passenger limit does not include the captain and mate but does include any photographers, caterers or anyone hired or invited by charterer. Special accommodations may be required for larger guests; please discuss this with us ahead of time.
We will not board your party if in excess of 20 passengers.
16. PERSONAL BELONGINGS
We are not responsible for your personal belongings. Please consider leaving valuable items at home.
17. SEASICKNESS
While it is rare that we have guests with seasickness, waves and strong wind are sometimes a part of cruising. The captain will take into consideration current conditions, trends, and forecasts in order to decide if it is safe and reasonable to cruise. If you are prone to or are worried about motion sickness or sea sickness, please consult your physician or pharmacist for recommendations. It's usually best to take medication before the cruise rather than waiting until you feel ill.
We are unable to dispense any medications including Dramamine.
If you feel you may become sick on board the yacht, it is best to remain above deck and not inside the cabin. Additionally any instance of vomit inside the cabin will result in an excess cleaning fee of $100 per instance. This fee will not be levied for instances that occur on the outside deck.
WE WILL RETURN ANY SICK PASSENGERS TO THE DOCK AT THE EARLIEST OPPORTUNITY. While you may begin feeling better, for safety reasons we cannot continue to cruise with known ill passengers regardless of the reason for your illness.
18. SHOES
Raised heels (Stilettos, wedges, platforms etc) are not permitted on board. Please wear shoes that are soft-soled and have light bottoms (boat shoes, sneakers, etc.).
GUESTS WEARING SHOES THAT RAISE THE FOOT OR HEEL MORE THAN 1 INCH WILL BE ASED TO REMOVE THEM.
As the deck can get hot during the summer months, it's not recommended to go barefoot, so please plan accordingly.
19. SMOKING / FLAME / FLAMMABLES
SMOKING IS NOT PERMITTED ABOARD THE YACHT
This is due to Fire Safety regulations and we are unable to make any exceptions.
This is made clear to all guests during our safety briefing upon boarding the yacht. Any instance of smoking on board the yacht will result in immediate termination of the charter.
In addition, NO Candles, Flames, Sparklers and Fireworks. We cannot allow any fire or flammable devices on board the vessel.
20. SPECIAL ASSISTANCE & DISABILITIES
Due to the physical constraints of the vessel and USCG safety requirements we are unable to be ADA compliant. We do however strive to accommodate passengers of all abilities and needs. Unfortunately we are prohibited from allowing any animals on board - and for their safety we are prohibited from allowing service animals on board in part because we do not have an approved method of animal rescue in the case of emergency.
Please let us know if any of your guests require any special assistance or if you have any concerns before booking your cruise with us.
Guests needing special assistance should be able to climb a few stairs and step across a 12 inch gap.
Wheelchairs may be used to transport guests from the parking lot to the dock, however once on board our crew will stow the wheelchairs for you as they are unable to be used on board the vessel.
21. SWIMMING OR JUMPING FROM VESSEL
USCG regulations prohibit swimming or jumping from the vessel.
The act of intentionally jumping into the water from a passenger vessel is considered interfering with the safe operation of the vessel, a violation of 46 United States Code, Section 2302. By law rail jumpers must be reported to the USCG and subject to federal prosecution and fines up to $33,333 per person.
22. WEATHER
Your safety and enjoyment is our top priority! Tampa Bay Yacht Charter (TBYC) will decide if your charter will be cancelled or delayed due to current conditions and approaching systems using the current and predictive radar, as well as the marine forecast and actual observations for the intended/probable area of charter. We do cruise in some scattered showers (feel free to take cover during showers or bring a rain jacket), however, we will not begin a charter during an electrical storm or if we believe that such approaching conditions will be unavoidable during a charter by altering course. We ask you to think of it like a ballgame: a little rain during a couple innings, or a delay of the game, doesn’t ruin the whole game.
If we are delayed by conditions (1 hour maximum before cancelling), we ask you to come aboard and start the party, while we watch conditions and radar to see when/if it will clear. This decision will be made by TBYC as early as we are certain, and you will be notified immediately if we determine that the charter should be delayed or cancelled. If the weather does not clear after that first hour, you will receive a refund minus a $250 dockside fee.
In general, charters are not cancelled in advance of cruise time unless we are certain that we will not charter based on the above criteria. While the weather forecast (advance or even hourly) may say there is a high chance of rain, this is very broad and may not affect the time of your charter or the area where your captain may cruise, or could only result in a delay of your charter. If you do not show and conditions do allow for a cruise, this will be considered a no-show and there will be no refunds or rescheduling (sorry, we just don’t want to be left standing on the dock with an empty boat that could be out on the water for a good time).
Partial charters are charters which are shortened due to current or expected inclement conditions, or circumstances beyond our control. Our goal is for every charter to be a perfect cruise, but sometimes safety and comfort force us to shorten a charter. Partial charters are charged a prorated fee UNLESS the charterer decides to continue the event dockside for the duration of the cruise. In this instance, there will be no prorated refunds and TBYC will be deemed to perform its obligations per the charter contract.
If you’ve booked a Destination Dining cruise or Special Event, but the route is impacted by weather/winds, the captain will offer you the choice of an alternate location if available or the option to shorten your cruise (minimum of two hours cruising) in lieu of the Destination Dining experience.
While we do our best to accommodate cruise route requests, under no circumstances are any cruise routes guaranteed. The captain may substitute cruise routes in order to provide a safe and comfortable voyage in the instance of weather, tide, or other concerns.
23. MISCELLANEOUS.
This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States including the International Convention on Limitation of Liability for Maritime Claims 1976 as amended from time to time. Any proceedings hereunder shall be brought exclusively in the state courts located in Pinellas County, Florida or the United States District Court located in Tampa, Florida.
This Agreement constitutes the entire agreement between TBYC and Charter with response to the subject matter contained herein and supersedes all prior negotiations, conversations, or discussions between or among them.
In witness whereof, TBYC and Charter have entered into this Agreement as of the date first set forth above.
Tampa Bay Yacht Charters LLC (TBYC) is in the business of chartering yachts (“Vessel”) to the public; and Whereas, (CUSTOMER NAME) wishes to charter a Vessel from TBYC on
(CHARTER DATE AND TIME)
The charterer named above must be on board for the duration of the charter, and may not transfer, sell, or otherwise reassign this charter agreement to a third party without written approval of TBYC.
1. FEE, PAYMENT and CANCELLATION PRIOR TO CHARTER
A. CHARTER FEE. The total fee for the charter will be $XXXX (“Fee”) excluding tax, excluding crew gratuity, excluding any discount, excluding any relocation, early boarding, wedding or other fees, excluding refundable security deposit. Additional hour if available can be purchased for $300 plus tax and gratuity.
B. DEPOSIT AND PAYMENT. A 25% deposit (“Deposit”) will be due upon signing this Agreement to confirm booking the Charter Date. The remaining balance of the Fee will be due no later than 30 days prior to the Charter Date. If Charterer wishes to book a Charter Date within 30 days of the date of the Agreement, the entire amount of the Fee will be due upon signing this Agreement.
C. CANCELLATION: If Charterer cancels 61 days or more prior to the Charter Date, the Deposit shall be refunded, less a $100 cancellation charge. If Charterer cancels 31-60 days prior to the Charter Date, the Deposit shall be refunded, less a $200 cancellation charge. If Charterer cancels within 30 days of the Charter Date, the Charterer will receive a refund of the Fee, minus a $250.00 cancellation charge, only if TBYC is able to arrange a substantially equivalent charter for the same Charter Date. If TBYC is unable to arrange such an equivalent charter, the Charterer will not receive a refund, but rather apply the full amount of the charter, minus a $250.00 cancellation charge, towards another charter within six months of the cancelled Charter Date.
D. WEATHER CANCELLATION: If prior to the commencement of the charter, the Captain deems the weather conditions unsafe and cancels the charter, TBYC will allow for rescheduling of the charter on an available date within twelve months from the cancelled Charter Date. If Charterer or TBYC is unable to reschedule the charter, TBYC will refund the Fee.
If the Captain deems it necessary to cancel the charter after leaving the dock and prior to the stated expiration time of the charter, whether due to inclement weather or unsafe conditions, then the Charterer will be entitled to a prorated refund, based on the number of hours of the stated charter versus the number of hours actually away from the dock.
2. UNCONTROLLABLE EVENTS
In the event TBYC is unable to perform under the terms of this Agreement, for reasons beyond the control of TBYC, including but not limited to: uncertainties of navigation, unfavorable weather conditions, Vessel break down, lay up for repairs, acts of God or acts of terrorism, then TBYC shall reschedule a replacement charter at a mutually convenient time within six months of the cancelled Charter Date. If rescheduling is not possible for either Charterer or TBYC, TBYC will refund all amounts paid by Charterer under this Agreement. The terms “fully perform” as used above shall mean TBYC providing a completed charter as contemplated by this Agreement. Notwithstanding the foregoing, if due to the events described immediately above, the Vessel is unable to leave the dock or must return to the dock before the end of the charter and TBYC can still provide the vessel as intended for the event, Charterer agrees to pay TBYC and TBYC shall be deemed to have performed its obligations hereunder and earned all amounts due to it under this Agreement.
3. LIMIT OF LIABILITY
Except for damages arising out of personal injury or property damage caused by the negligent or intentional acts of TBYC or its agents, TBYC’s liability to Charter shall not exceed the amounts paid by Charterer hereunder. In no event shall TBYC have liability to Charterer for any incidental, indirect, special or consequential damages, whether based on contract, tort or any other legal theory.
Charterer agrees to indemnify, hold harmless and defend TBYC from any and all claims and liabilities for loss or damage to Charterer, guests, invitees, and to any third parties whatsoever, which may be occasioned by the negligence or intentional acts of Charterer, guests or invitees.
4. CONDITION
The Vessel shall be commissioned and in good working order on the Charter Date, with all equipment required by the U.S. Coast Guard, and in clean condition throughout. Any damage to the Vessel, beyond normal wear and tear, caused by the negligence or intentional acts of the Charterer, guests, or invitees during the charter, shall be charged to and paid for by Charterer. If a client or one of his guests flushes anything down a toilet other than the toilet paper provided and human waste, such as sanitary pads, paper towels, napkins, wet wipes, etc., and this causes the toilet to be clogged, there will be a non-negotiable fee of $250.00 additional charge for each toilet that needs to be repaired. A $250.00 security deposit will be retained for this purpose.
5. INSURANCE
TBYC carries insurance for the Vessel to cover customary risks of a yacht of its size and type, including hull protection and indemnity coverage, and public liability coverage.
6. CREW & CAPTAINS AUTHORITY
TBYC shall provide a Captain and crew for the charter. The Captain and crew shall be appropriately licensed, qualified, knowledgeable and familiar with the Vessel and local waters, and have sufficient expertise and experience to manage and handle the Vessel safely and competently.
The Captain shall direct the course of the charter. The Captain has authority over the safe navigation of the Vessel, including matters concerning wind, weather, routes, anchorages, and the like. The Captain further has authority over the safe use of the equipment, furnishings and appurtenances of the Vessel, and may prohibit unsafe activities or use of same.
The Captain has full authorization to terminate the charter due to any unsafe or illegal actions of guests as determined solely by Captain. CHARTERS TERMINATED DUE TO UNSAFE OR ILLEGAL ACTIONS BY CHARTERER OR THIER GUESTS WILL NOT RECEIVE A REFUND.
7. DRUGS AND OTHER ILLEGAL ACTIVITIES. ZERO TOLERANCE
The use, transport, or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, or the participation in any other unlawful activity, such as underage alcohol consumption, is strictly prohibited. Guests may be denied boarding if the Captain feels they show signs of impairment prior to the cruise. The participation in any of these activities by any member or guest of the charter party constitutes a material breach of this Agreement and shall be cause for immediate termination of the charter by TBYC without refund of the charter Fee or any other payments made by Charterer.
ZERO TOLERANCE
Under NO circumstances are illegal substances permitted on board. Medical Marijuana and Cannabis is not legal on the Federal level and cannot be allowed on board. Any passenger bringing federally illegal substances on board, including marijuana or any cannabis product , even if they posses a medical card will be held responsible for all damages that may be caused by such action, including but not limited to: entire cost of vessel due to confiscation by authorities, loss of income due to vessel down time, liability for injuries, legal fees incurred by all parties, etc. Our captains are bound by USCG rules to immediately report all possession of illegal substances to authorities, who will meet us at the dock or board us on the water to take further action. Any instance of any substance on board which is not Federally Legal including any cannabis product will result in IMMEDIATE TERMINATION OF THE CHARTER FOR ALL GUESTS WITH NO REFUNDS GIVEN.
8. VIDEO MONITORING
TBYC employs the use of security cameras in common areas of the yacht.
9. MARINA ADDRESS, PARKING, BOARDING AND MARINA ETIQUETTE
We depart from the Harborage Marina, 1110 3rd Street South,
St Petersburg, FL 33701.
Complimentary guest parking is offered in the lot across the street from the marina. Parking in the tenant lot (dirt lot) is prohibited.
BOARDING
Please wait under the white tent at the marina entrance until your boarding time; a uniformed crew member will meet you there 15 minutes prior to your scheduled departure. Early boarding may be arranged for an additional fee.
MARINA ETIQUETTE
We are all guests of the marina, and as such, we ask that you respect the other boaters’ privacy and keep noise to a minimum while inside the marina. Guests are NOT permitted to use the marina pool.
10. FOOD
If bringing your own food, please bring everything ready-to-serve as cooking/warming is not available on the yacht. Sterno fuel cans are NOT permitted. If using a caterer other than ExecChef, Perfect Plates, or Publix, please let us know so that we can coordinate delivery with them. Bottled water and ice will be provided at no charge, as well as plates, cups and plastic cutlery.
11. ALCOHOL POLICY & INTOXICATION
ALCOHOL POLICY:
You may bring alcoholic beverages aboard, including red wine and punch drinks. Glass is prohibited except for wine or liquor bottles. Glass bottles must remain on the bar area inside the cabin and cannot be carried about the vessel. Any passenger consuming alcohol must be at least 21, and passengers assume legal consequences due to drinking of alcohol. ALL GUESTS MUST BE READY TO PRESENT VALID GOVERNMENT ISSUED PHOTO IDENTIFICATION BEFORE BOARDING THE YACHT. The captain may deny boarding to any underage guests or require the charter continue without alcohol on board the yacht.
THE CAPTAIN HAS FULL AUTHORITY TO REMOVE OR CONFISCATE ANY AND ALL ALCOHOL PRESENT ON BOARD THE YACHT AT ANY TIME FOR ANY REASON DEEMED NECESSARY BY THE CAPTAIN. NO REIMBURSEMENT WILL BE GIVEN.
INTOXICATION:
Should a guest become intoxicated, or show up intoxicated, the captain reserves the right to deny service or return the offending individual/group to the dock. NO RESCHEDULING AND NO REFUNDS WILL BE ISSUED FOR CHARTERS SHORTENED OR CANCELLED DUE TO INTOXICATED GUESTS. It’s nice to enjoy a few drinks while out for your cruise, but intoxicated individuals create unsafe and uncomfortable conditions for all. We want everyone to have a fun, enjoyable, and memorable cruise.
ANY INSTANCE OF VOMIT INSIDE THE CABIN WILL RESULT IN AN EXCESS CLEANING FEE OF $100 PER INSTANCE. This fee will not be levied for instances that occur on the outside deck. WE WILL RETURN ANY AND ALL ILL PASSENGERS TO THE DOCK AT THE EARLIEST OPPORTUNITY, REGARDLESS OF WHY THEY ARE ILL. THE CAPTAIN MAY RETURN ALL GUESTS TO THE DOCK IN INSTANCES WE FEEL ARE CAUSED BY OVER INTOXICATION, EVEN IF ONLY ONE GUEST BECOMES ILL.
We welcome your responsible enjoyment of alcoholic beverages, however IF YOUR PLANS INCLUDE HEAVY DRINKING OR INTENTIONAL INTOXICATION WE SUGGEST YOU FIND ANOTHER VENUE FOR YOUR EVENT.
12. INAPPROPRIATE BEHAVIOR
Should passenger actions or behavior make the crew feel that safety is compromised, other guests are made to feel uncomfortable, or that they are unable to focus on cruising the boat and maintaining safe conditions, THE CAPTAIN RESERVES THE RIGHT TO DENY SERVICE AND/OR RETURN THE OFFENDING INDIVIDUAL OR THE ENTIRE GROUP TO THE DOCK. NO REFUNDS WILL BE ISSUED.
13. LIFE JACKETS & SAFETY BRIEFING
As a USCG certificated vessel, we have enough life jackets on board for all passengers and crew. If you’re cruising with children and are more comfortable bringing their own life jackets, please do so.
The Captain will require your attention upon boarding for a short safety briefing prior to your cruise as required by USCG regulations.
14. LITTER
Intentionally throwing, dropping or releasing anything from the vessel including releasing balloons, is strictly prohibited and will result in termination of the charter with no refunds given.
15. PASSENGER LIMIT
Per USCG Regulations, we are limited to 20 passengers maximum, including children and infants.
The 20 passenger limit does not include the captain and mate but does include any photographers, caterers or anyone hired or invited by charterer. Special accommodations may be required for larger guests; please discuss this with us ahead of time.
We will not board your party if in excess of 20 passengers.
16. PERSONAL BELONGINGS
We are not responsible for your personal belongings. Please consider leaving valuable items at home.
17. SEASICKNESS
While it is rare that we have guests with seasickness, waves and strong wind are sometimes a part of cruising. The captain will take into consideration current conditions, trends, and forecasts in order to decide if it is safe and reasonable to cruise. If you are prone to or are worried about motion sickness or sea sickness, please consult your physician or pharmacist for recommendations. It's usually best to take medication before the cruise rather than waiting until you feel ill.
We are unable to dispense any medications including Dramamine.
If you feel you may become sick on board the yacht, it is best to remain above deck and not inside the cabin. Additionally any instance of vomit inside the cabin will result in an excess cleaning fee of $100 per instance. This fee will not be levied for instances that occur on the outside deck.
WE WILL RETURN ANY SICK PASSENGERS TO THE DOCK AT THE EARLIEST OPPORTUNITY. While you may begin feeling better, for safety reasons we cannot continue to cruise with known ill passengers regardless of the reason for your illness.
18. SHOES
Raised heels (Stilettos, wedges, platforms etc) are not permitted on board. Please wear shoes that are soft-soled and have light bottoms (boat shoes, sneakers, etc.).
GUESTS WEARING SHOES THAT RAISE THE FOOT OR HEEL MORE THAN 1 INCH WILL BE ASED TO REMOVE THEM.
As the deck can get hot during the summer months, it's not recommended to go barefoot, so please plan accordingly.
19. SMOKING / FLAME / FLAMMABLES
SMOKING IS NOT PERMITTED ABOARD THE YACHT
This is due to Fire Safety regulations and we are unable to make any exceptions.
This is made clear to all guests during our safety briefing upon boarding the yacht. Any instance of smoking on board the yacht will result in immediate termination of the charter.
In addition, NO Candles, Flames, Sparklers and Fireworks. We cannot allow any fire or flammable devices on board the vessel.
20. SPECIAL ASSISTANCE & DISABILITIES
Due to the physical constraints of the vessel and USCG safety requirements we are unable to be ADA compliant. We do however strive to accommodate passengers of all abilities and needs. Unfortunately we are prohibited from allowing any animals on board - and for their safety we are prohibited from allowing service animals on board in part because we do not have an approved method of animal rescue in the case of emergency.
Please let us know if any of your guests require any special assistance or if you have any concerns before booking your cruise with us.
Guests needing special assistance should be able to climb a few stairs and step across a 12 inch gap.
Wheelchairs may be used to transport guests from the parking lot to the dock, however once on board our crew will stow the wheelchairs for you as they are unable to be used on board the vessel.
21. SWIMMING OR JUMPING FROM VESSEL
USCG regulations prohibit swimming or jumping from the vessel.
The act of intentionally jumping into the water from a passenger vessel is considered interfering with the safe operation of the vessel, a violation of 46 United States Code, Section 2302. By law rail jumpers must be reported to the USCG and subject to federal prosecution and fines up to $33,333 per person.
22. WEATHER
Your safety and enjoyment is our top priority! Tampa Bay Yacht Charter (TBYC) will decide if your charter will be cancelled or delayed due to current conditions and approaching systems using the current and predictive radar, as well as the marine forecast and actual observations for the intended/probable area of charter. We do cruise in some scattered showers (feel free to take cover during showers or bring a rain jacket), however, we will not begin a charter during an electrical storm or if we believe that such approaching conditions will be unavoidable during a charter by altering course. We ask you to think of it like a ballgame: a little rain during a couple innings, or a delay of the game, doesn’t ruin the whole game.
If we are delayed by conditions (1 hour maximum before cancelling), we ask you to come aboard and start the party, while we watch conditions and radar to see when/if it will clear. This decision will be made by TBYC as early as we are certain, and you will be notified immediately if we determine that the charter should be delayed or cancelled. If the weather does not clear after that first hour, you will receive a refund minus a $250 dockside fee.
In general, charters are not cancelled in advance of cruise time unless we are certain that we will not charter based on the above criteria. While the weather forecast (advance or even hourly) may say there is a high chance of rain, this is very broad and may not affect the time of your charter or the area where your captain may cruise, or could only result in a delay of your charter. If you do not show and conditions do allow for a cruise, this will be considered a no-show and there will be no refunds or rescheduling (sorry, we just don’t want to be left standing on the dock with an empty boat that could be out on the water for a good time).
Partial charters are charters which are shortened due to current or expected inclement conditions, or circumstances beyond our control. Our goal is for every charter to be a perfect cruise, but sometimes safety and comfort force us to shorten a charter. Partial charters are charged a prorated fee UNLESS the charterer decides to continue the event dockside for the duration of the cruise. In this instance, there will be no prorated refunds and TBYC will be deemed to perform its obligations per the charter contract.
If you’ve booked a Destination Dining cruise or Special Event, but the route is impacted by weather/winds, the captain will offer you the choice of an alternate location if available or the option to shorten your cruise (minimum of two hours cruising) in lieu of the Destination Dining experience.
While we do our best to accommodate cruise route requests, under no circumstances are any cruise routes guaranteed. The captain may substitute cruise routes in order to provide a safe and comfortable voyage in the instance of weather, tide, or other concerns.
23. MISCELLANEOUS.
This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States including the International Convention on Limitation of Liability for Maritime Claims 1976 as amended from time to time. Any proceedings hereunder shall be brought exclusively in the state courts located in Pinellas County, Florida or the United States District Court located in Tampa, Florida.
This Agreement constitutes the entire agreement between TBYC and Charter with response to the subject matter contained herein and supersedes all prior negotiations, conversations, or discussions between or among them.
In witness whereof, TBYC and Charter have entered into this Agreement as of the date first set forth above.