Welcome to Charter Boats. These Terms of Service ("Terms") govern your access to and use of the Charter Boats website, mobile applications, and services (collectively, the "Platform"). By using the Platform, you agree to be bound by these Terms.

1. Definitions

  • "Charter Boats" refers to Charter Boats Inc. and its affiliates.
  • "Owner" refers to users who list boats for charter on the Platform.
  • "Guest" refers to users who book boats through the Platform.
  • "Charter" refers to the rental of a boat arranged through the Platform.
  • "Listing" refers to a boat advertised for charter on the Platform.

2. Platform Role

Charter Boats operates as a marketplace connecting boat owners with guests seeking charter services. We are not a party to the charter agreement between owners and guests. The actual charter contract is between the owner and guest directly. Charter Boats facilitates bookings, payments, and communication but does not own, operate, or control the boats listed on the Platform.

3. Account Registration

To use certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Be responsible for all activity under your account
  • Notify us immediately of any unauthorized access

4. Owner Obligations

If you list a boat on Charter Boats, you agree to:

  • Provide accurate and complete information about your boat
  • Maintain all required licenses, permits, and insurance
  • Ensure your boat meets all applicable safety standards
  • Keep your availability calendar up to date
  • Respond to booking requests within 24 hours
  • Honor confirmed bookings except in cases of emergency or force majeure
  • Comply with all applicable laws and regulations

5. Guest Obligations

If you book a charter through Charter Boats, you agree to:

  • Provide accurate information when booking
  • Hold any required boating licenses or certifications
  • Treat the boat and equipment with care
  • Follow all safety instructions and rules
  • Not exceed the stated passenger capacity
  • Report any damage or issues immediately
  • Return the boat on time and in the same condition

6. Bookings and Payments

All payments are processed through our secure payment system (Stripe). When you book a charter:

  • Your payment method will be charged upon booking confirmation
  • A platform fee is added to cover platform costs
  • Owners receive payment 24 hours after the charter begins
  • All prices are displayed in the currency specified on the listing

7. Cancellations and Refunds

You can cancel within 24 hours of paying for a refund of the charter price, less card processing. After that, the cancellation policy displayed on the boat listing and at checkout applies. Charter companies set it for the boats they sell through MMK or Nausys; boats without one, including those listed directly with Charter Boats, give no refund after the first 24 hours. A policy specifies a refund percentage and a minimum notice period in days before the charter start date. For example, "80% refund if cancelled 14+ days before arrival" means:

  • Cancel 14 or more days before the charter start date: receive 80% of the charter price back
  • Cancel fewer than 14 days before the charter start date: no refund

If the charter company cancels the booking, you will always receive a full refund including the platform fee.

Platform fees are non-refundable on guest-initiated cancellations except where required by law.

8. Liability and Insurance

Charter Boats is not liable for:

  • The condition, safety, or legality of any boat
  • The actions or omissions of owners or guests
  • Personal injury, property damage, or other losses during a charter
  • Weather conditions or force majeure events

We strongly recommend that all parties maintain appropriate insurance coverage. Owners should have commercial marine insurance, and guests should consider travel insurance.

9. Intellectual Property

The Platform and its content are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission. By posting content on the Platform, you grant Charter Boats a non-exclusive, worldwide license to use, display, and distribute that content in connection with the Platform.

10. Prohibited Activities

You may not use the Platform to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Post false, misleading, or fraudulent content
  • Harass, threaten, or discriminate against others
  • Circumvent fees or payment processing
  • Scrape, crawl, or collect data without permission
  • Distribute malware or interfere with the Platform

11. Dispute Resolution

If a dispute arises between an owner and guest, we encourage direct communication to resolve the issue. Charter Boats may, at its discretion, mediate disputes but is not obligated to do so. For disputes with Charter Boats directly, you agree to first attempt resolution through our support team before pursuing legal action.

12. Affiliate Program

Any registered user may join the affiliate program at charter.boats/settings/referrals and receive a personal referral link (a ?ref= parameter) and an embeddable search widget. Joining creates an affiliate account subject to this section.

Commission

Affiliates earn a share of the commission Charter Boats earns on bookings attributed to them: 30% until 10 completed bookings, 40% from the 10th, and 50% from the 20th completed booking onward. The step-up is applied automatically when a booking completes and is never reduced by the ladder. The share is calculated on that commission alone, never on the charter price itself, the platform fee, port fees, extras or taxes.

Attribution

A booking is attributed to the last affiliate link a guest clicked within the 180-day attribution window. Bookings by the affiliate themselves are excluded, as are bookings that breach the affiliate's usage rule (default: first booking only per guest).

Payout

Commission becomes payable once the charter has taken place and the booking is marked completed. Payable commission is paid monthly, by the 10th of each month for every booking completed in the month before, by bank transfer to the account the affiliate sets at charter.boats/settings/payouts. Stripe payouts are planned and will be offered when available. A completed tax form (W-9, W-8BEN or W-8BEN-E) is required before the first payout. Commission on a cancelled or refunded booking is cancelled.

Reporting

Affiliates can see clicks, opened checkouts, bookings and pending, payable and paid commission in their dashboard. Charter Boats may correct figures where a booking is cancelled, refunded, disputed or found to be fraudulent.

Conduct

Affiliates may not bid on Charter Boats brand terms in paid search, use cookie stuffing, forced clicks, misleading claims about prices or availability, or spam. Promotional assets may be used as provided, unaltered except for size. Charter Boats may suspend or terminate an affiliate account for breach and withhold commission earned through it.

Changes

Charter Boats may change commission rates, the attribution window or these affiliate terms with 30 days' notice; changes do not reduce commission already earned.

13. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination will remain in effect.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes via email or through the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the new Terms.

15. Contact Us

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

Email: legal@charter.boats