Terms and Conditions
Terms & Conditions of Service
These Terms & Conditions of Service (“Terms”) are a binding legal agreement between you and 305 Yachtz LLC that govern your use of the 305 Yachtz website and the use of the services rendered by 305 Yachtz, LLC. (collectively, the “305 Yachtz Platform”). The 305 Yachtz Platform offers an online venue that enables users (“Clients”) to search for, and book demise or bareboat charters on independently owned yachts that are in no way owned, operated, or controlled by 305 Yachtz, LLC. Individuals who offer their vessels or yachts for “demise” or bareboat charter use are “Owners”. Individuals who search for, book, or use services are “Charterers.” Owners offer bareboat or demise charters (“Charters”), and each Charter service offering with its corresponding description is a “Listing”. As the provider of the 305 Yachtz Platform, 305 Yachtz does not own, control, offer or manage any Listings or any of the yachts or vessels featured in any of the Listings.305 Yachtz does not employ, hire, or manage any of the crew members that may be working on any of the vessels or yachts listed. 305 Yachtz is not a party to the contracts concluded directly between Owners and Charterers, nor is 305 Yachtz a yacht brokerage firm, crew employer or insurer. 305 Yachtz is not acting as an agent in any capacity for any Owner or Charterer, except as to receive payment for Owner from any Charterer for the respective Listing.
If you charter a vessel or yacht, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your charter of the Listing. You, the Charterer are responsible for ensuring that you are in compliance with any and all relevant laws and regulations of any relevant government authorities.
- Our Mission.
Our mission is to provide you access to hundreds of vessel Listings that will allow you to enjoy the Miami waterways. To learn more about a Listing review the description and photos and Guest reviews. If you have any questions, just email the contact listed.
- Searching and Booking.
2.1 Searching. You can search for vessel Listings by clicking on “Our Fleet” and reviewing the Vessel listed to see its size, passenger capacity, and rate. Please note that NO VESSEL CAN CARRY MORE THAN TWELVE (12) PASSENGERS ON BOARD AT ANY TIME. Vessels can only be used in Miami and AT NO TIME SHOULD ANY VESSEL LEAVE FLORIDA WATERS.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges related to your Charter including the Listing price for the amount of time that you have booked the Charter for (depending on 4 hour, 6 hour, or 8 hour selection), sales tax, and any other items (i.e. catering, party packages, jet skis) identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for the bareboat charter of the Vessel (sometimes called a “Bareboat Charter Agreement”) is formed directly between you and the Owner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Owner. Be aware that each Bareboat Charter Agreement for each corresponding Vessel may be different so you should carefully review the terms of each Bareboat Charter Agreement before agreeing to the terms therein with the Owner.
- Cancellations, Travel Issues and Refunds.
In general, if you, as a Charterer you cancel a Booking, the amount refunded to you is determined by the cancellation terms set forth in the corresponding Bareboat Charter Agreement that applies to that Booking and your respective agreement with the Owner.
- Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You, the Charterer are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to the Vessel or Charter. For example, this means: (i) you are responsible for leaving a Vessel (and related personal property) in the condition it was in when you and your guests arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If your guests include a minor or if you bring a minor to a Charter, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the 305 Yachtz Platform and any Content (as defined in Section 10), including your Charter of a Vessel or any other interaction you have with a Captain or Crew whether in person or online. This means it is your responsibility to review a Vessel and the corresponding Bareboat Charter Agreement to determine whether it is suitable for you.
5.305 Yachtz Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including limitations on passengers, not bringing any drugs or illegal substances on board the Vessel.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Charter.
- Do not use or register any social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with 305 Yachtz, LLC.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
- Do not bring any firearms on board the Vessel, at any time.
- Term of this Agreement.
The agreement between you and 305 Yachtz reflected by these Terms is effective when you access the 305 Yachtz Platform (for example to “request a booking”) and remains in effect until either you or we terminate the agreement by terminating the corresponding Bareboat Charter Agreement, these Term of this Agreement will survive the conclusion of a Charter. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
- 305 Yachtz’s Role.
We offer a platform that enables Owners to publish, offer, and book bareboat/demise charters on their vessels. While we work hard to ensure our Owners have great experiences using the 305 Yachtz platform, we do not and cannot control the conduct of Owners, Captains, crews and Charterers. You acknowledge that 305 Yachtz has the right, but does not have any obligation, to monitor the use of the 305 Yachtz Platform and verify information provided by Owners and Charterers. For example, we may review, disable access to, remove, or edit Content to: (i) improve the 305 Yachtz Platform; (ii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iii) address Content that we determine is harmful or objectionable; (iv) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. 305 Yachtz platform users, including but not limited to Owners and Charterers acknowledge and agree that 305 Yachtz is not acting as an agent for any Owner except for when 305 Yachtz acts as a collection agent in collecting payment for the Charters as agreed to in any Bareboat Charter Agreements entered into by and between Owners and Charterers.
- Disclaimer of Warranties.
WE, 305 YACHTZ, PROVIDE THE 305 YACHTZ PLATFORM AND ALL CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Vessel, Listing or third party; (ii) we do not warrant that verification, identity or background checks conducted on Listings, owners, or Charterers (if any) will identify past misconduct or prevent future misconduct; (iii) we do not warrant the performance of the services agreed to by and between the Owners and the Charterers. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
- Limitations on Liability.
Neither 305 Yachtz (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the 305 Yachtz Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of goodwill, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the 305 Yachtz Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the 305 Yachtz Platform.
Except for our obligation to transmit payments to Owners under these Terms, in no event will 305 Yachtz’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Owners, or your use of or inability to use the 305 Yachtz Platform, exceed: (A) to Charterers, the amount you paid as a Charterer for the relevant Charter that gave rise to the liability, (B) to Owner, the amount paid to you or that was to be paid to you for the relevant Charter giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and 305 Yachtz. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at 305 Yachtz’ option), indemnify, and hold 305 Yachtz and their personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your improper use of the 305 Yachtz Platform, (iii) your interaction with any Owner, Vessel, Captain or Crew Member related in any way to your use of the 305 Yachtz platform, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, charter, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations, or third party rights such as intellectual property or privacy rights.
- United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in Miami, Florida, unless both 305 Yachtz and the other relevant party agrees to some other location. You and we both consent to venue and personal jurisdiction in Miami, Florida.
- Jury Trial Waiver. You and 305 Yachtz acknowledge and agree that we are each waiving the right to a trial by jury.
13.1 No Waiver. 305 Yachtz’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
13.2 Force Majeure. 305 Yachtz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.3 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide to 305 Yachtz when “requesting a booking”. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply.
13.4 Contact Us. If you have any questions about these Terms please email us.