The rules for using BoatDay.

These Terms of Service ("Terms") are an agreement between you and BoatDay Group LLC ("BoatDay," "we," "us"), governing your use of the BoatDay website and app (the "Platform"). By creating an account or using the Platform, you agree to these Terms.

BoatDay is a marketplace that connects people who want to book a day on the water ("Guests") with independent boat owners and operators ("Captains") who list their boats and trips on the Platform.

BoatDay does not own, operate, crew, insure or maintain any boat listed on the Platform. Every trip is provided by the Captain, as an independent business, not as an employee or agent of BoatDay. BoatDay is not a party to the contract for the trip itself. That contract is between the Guest and the Captain. BoatDay's role is to facilitate the booking, payment and communication between the two.

You must be at least 18 years old to create an account. You're responsible for keeping your login credentials secure and for all activity under your account. Tell us right away if you think your account's been compromised.

Captains represent and warrant that, for the entire time they're listed on the Platform, they:

• hold any license required by law to operate the boat and carry passengers for hire in their jurisdiction;
• maintain either active liability insurance covering passengers on board, meeting or exceeding the coverage requirements BoatDay publishes for Captains from time to time, or a signed passenger waiver from every passenger they carry;
• keep the boat's registration, safety equipment and seaworthiness up to date and in compliance with applicable Coast Guard and local regulations; and
• will operate the boat safely, at their own discretion, and refuse or end a trip whenever they judge conditions unsafe.

BoatDay reviews the documents Captains submit during verification (see our Trust & Safety page for exactly what's checked), but that review is a point-in-time check, not an ongoing guarantee or certification of a Captain's competence, and BoatDay doesn't independently verify that a Captain's insurance or a signed passenger waiver stays in place between checks.

Guests agree to follow the Captain's safety instructions on board, disclose anything the Captain reasonably needs to know to run a safe trip (e.g. swimming ability, medical conditions relevant to being on the water), and not bring anyone beyond the boat's stated passenger capacity.

When a Guest requests a trip, no charge is made yet. BoatDay charges the Guest's payment method for the full trip price shown at checkout only once the Captain approves the request. Declining or a request going unanswered never results in a charge. There's no separate booking or service fee, and BoatDay does not collect sales/admissions tax at checkout (see our Pricing page). BoatDay's commission comes out of the Captain's share instead. BoatDay pays the Captain their share of the trip price once both the Guest and Captain have confirmed the trip took place. Some listings are promoted through BoatDay's optional sponsored-placement program; those are labeled as sponsored wherever they appear, and sponsorship affects only the Captain's commission, never the price a Guest pays or the refund a Guest receives.

Card payments are processed by Stripe. BoatDay's own systems never receive or store your full card number or security code. Stripe collects that directly, and BoatDay only ever holds the limited details Stripe returns to us (card brand, last 4 digits, expiration).

BoatDay's cancellation policy applies platform-wide, the same for every listing: full refund if a Guest cancels 30 or more days before the trip, 50% refund between 72 hours and 30 days before, and non-refundable within 72 hours of the trip. If the Captain cancels, for any reason and at any time, the Guest is always refunded in full. A still-pending request that hasn't been approved yet can be withdrawn or declined at no cost to either side, since nothing has been charged.

• Booking or listing a trip off-platform to avoid BoatDay's fees, once you found each other through BoatDay.
• Posting false, misleading, or discriminatory content in a listing, review or message.
• Harassing, threatening, or discriminating against another user.
• Using the Platform for anything illegal, including operating without a required license, or without insurance or a signed passenger waiver.

BoatDay may suspend or terminate an account that violates these Terms.

Reviews must come from a Guest who actually completed the trip being reviewed. BoatDay doesn't remove a review just because a Captain disagrees with it, though we may remove reviews that violate these Terms (harassment, unrelated content, etc.).

Boating is an inherently risky activity. Being on or around a vessel and on open water involves risks that cannot be eliminated, including weather and sea conditions, vessel motion, slips and falls, collision, capsizing, drowning, injury from equipment or marine life, seasickness, sun and heat exposure, and delay or inability to obtain prompt medical care while on the water. By booking or joining a trip, you acknowledge these inherent risks, accept them, and agree to follow the Captain's safety instructions at all times, including instructions about life jackets, alcohol, swimming, and moving around the vessel. You are responsible for accurately disclosing to your Captain anything relevant to your safety on board, including whether anyone in your party cannot swim, is pregnant, or has a medical condition affected by boating. You must not board a vessel while impaired.

This section describes risks inherent to boating itself. It is not a release of BoatDay or any Captain from responsibility for their own negligence.

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. BoatDay does not warrant that the Platform will be uninterrupted, secure, or error-free.

BoatDay is a technology platform. BoatDay does not own, operate, charter, crew, inspect, or control any vessel, is not a carrier or charter operator, and is not a party to the charter agreement between a Guest and a Captain. Captains are independent businesses, not BoatDay's employees or agents.

Verification is a point-in-time review of documents a Captain supplies. It is not an inspection of any vessel, a background investigation, an ongoing audit, or a guarantee of any Captain's skill, conduct, safety record, or continued compliance. BoatDay does not guarantee that any Captain's license, registration, insurance, or passenger waiver remains valid after it is checked, and does not guarantee the accuracy of any listing, review, rating, or user-supplied content.

To the fullest extent permitted by law, BoatDay will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or loss of goodwill, arising out of or relating to the Platform or any trip, whether based in contract, tort, strict liability, or any other theory, and whether or not BoatDay has been advised of the possibility of such damages.

To the fullest extent permitted by law, BoatDay's total aggregate liability to you for all claims arising out of or relating to the Platform or any single trip will not exceed the greater of (a) the total amount you paid to BoatDay for the booking giving rise to the claim, or (b) one hundred US dollars ($100).

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. This includes, without limitation, liability for personal injury or death caused by negligence where applicable law prohibits limiting it, including under 46 U.S.C. Chapter 305. If any portion of this section is held unenforceable, it will be enforced to the maximum extent permitted and the remainder of these Terms will remain in full force.

You will indemnify, defend, and hold harmless BoatDay Group LLC and its members, officers, employees, and agents from and against any claim, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of or relating to: your use of the Platform; your breach of these Terms; your violation of any law or of the rights of any third party; any content you submit; or, if you are a Captain, any trip you operate. Captains have additional and broader indemnification obligations under the Captain Agreement, which control for Captains where they are broader.

Please read this section carefully. It affects your legal rights. It requires most disputes with BoatDay to be resolved by individual binding arbitration rather than in court, and it waives your right to a jury trial and to participate in a class action. You have 30 days to opt out.

Informal resolution first. Before starting an arbitration, you agree to contact us at contact@boatdayus.com and give us 30 days to try to resolve the dispute informally. Most issues can be sorted out this way.

Binding individual arbitration. Any dispute, claim, or controversy between you and BoatDay arising out of or relating to these Terms, the Platform, or any trip booked through it, that is not resolved informally, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in Miami-Dade County, Florida, or, at your election, remotely or in the county where you live. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as stated below. Judgment on the award may be entered in any court with jurisdiction.

Class-action and jury-trial waiver. You and BoatDay each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, coordinated, or representative action. The arbitrator may award relief only to the individual party seeking it, and only to the extent necessary to resolve that party's individual claim. If a court decides that this class-action waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed from arbitration and proceed in court, while all other claims remain in arbitration.

Coordinated filings. If 25 or more claimants submit demands for arbitration raising substantially similar claims and represented by the same or coordinated counsel, the claims will be administered in staged batches of no more than 50 at a time, with a single arbitrator per batch, and the parties will cooperate with AAA to implement this process. Any limitation period is tolled for claims awaiting a batch.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or to address unauthorized access to or misuse of the Platform.

Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing contact@boatdayus.com with your name, the email on your account, and a clear statement that you are opting out of arbitration. Opting out affects nothing else in these Terms and will not affect your account.

Survival. This section survives termination of your account and of these Terms.

These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except where federal maritime law or the Federal Arbitration Act applies of its own force. For any dispute not subject to arbitration, you and BoatDay consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

We may update these Terms from time to time. If we make a material change, we'll update the "Last updated" date above and, where required by law, notify you directly.

Questions about these Terms? Reach us at contact@boatdayus.com or through our Contact page.