Terms of Service

1. ACCEPTANCE OF THESE TERMS These Terms of Service ("Terms") form a binding agreement between Turbo Yachts ("Turbo Yachts", "we", "us") and you, the user. By creating an account, listing a yacht, booking a trip, or otherwise using our website, mobile applications, or related services (collectively, the "Platform"), you agree to be bound by these Terms, by our Privacy Policy, and by all other policies referenced here, including our Refund Policy, Return Policy, Payout Policy, and Shipping (Service Delivery) Policy. If you do not agree, do not use the Platform. 2. WHAT THE PLATFORM IS Turbo Yachts operates an online marketplace that connects yacht owners and operators ("Owners" or "Captains") with individuals who wish to book yacht charter trips ("Customers"). We are not a yacht owner, operator, charter company, or licensed vessel master. We do not own, operate, or insure the yachts listed on the Platform. The actual charter contract for any trip is between the Customer and the Owner. The Turbo Yachts acts as a technology intermediary, facilitating discovery, booking, payment, communication, and dispute support. 3. ELIGIBILITY AND ACCOUNTS 3.1 You must be at least [18] years old and able to form a binding contract to use the Platform. 3.2 You must provide accurate information when you register and keep it up to date. 3.3 You are responsible for safeguarding your password and for all activity under your account. Notify us immediately of any unauthorized use. 3.4 You may not transfer your account or let anyone else use it. 3.5 We may suspend or terminate your account if you violate these Terms, if you create risks to us or other users, or for any other reason permitted by law (Section 16). 4. BOOKINGS AND THE CHARTER CONTRACT 4.1 Booking flow Yachts are offered either as "Instant Book" or "On Request". For Instant Book yachts, the charter contract between Customer and Owner is formed when payment is successfully authorized. For On Request yachts, the contract is formed when the Owner accepts the request within the response window, or when the Customer accepts a counter-offer from the Owner. 4.2 Pricing snapshot The price components at the moment of booking - base rate, add-ons, captain fee, cleaning fee, service fee, security deposit hold, taxes, and cancellation policy - are snapshotted onto the booking record and govern that booking, regardless of later listing changes. 4.3 Security deposit Most bookings include a refundable security deposit, which is placed as an authorization hold on the Customer's payment card before the trip begins. The hold is captured (in part or in full) only if the Customer owes post-trip charges as described in Section 7; otherwise it is released after settlement. 4.4 Service fee The service fee charged to the Customer is the consideration paid to Turbo Yachts for facilitation services. It is non-refundable except as expressly stated in our Refund Policy. 4.5 OTP and trip start On the day of the trip the Customer receives a one-time passcode (OTP) which must be shared with the Captain to start the trip. Failure to be present, ready, and to share the OTP at the agreed start time may be treated as a no-show under the Refund Policy. 5. CUSTOMER OBLIGATIONS 5.1 You agree to follow the Captain's lawful safety instructions at all times, to wear required safety equipment, and not to interfere with the operation of the vessel. 5.2 You agree not to bring or consume illegal substances on board, not to exceed the vessel's stated capacity, and not to use the vessel for any unlawful purpose. 5.3 You are responsible for the conduct of all guests in your party and for any damage, soiling, or additional cleaning they cause. 5.4 You agree to pay any post-trip charges that are properly assessed under Section 7 and our Refund Policy. 6. OWNER (CAPTAIN) OBLIGATIONS 6.1 You represent and warrant that you hold all licenses, permits, registrations, certifications, and insurance required by law to operate the listed vessel and to take paying passengers on the voyages you offer. 6.2 You agree to keep the vessel seaworthy, clean, fueled, and properly equipped, and to operate it with reasonable skill and care. 6.3 You agree to honor confirmed bookings, to be at the agreed pickup point at the agreed time, and to complete the trip as booked unless prevented by safety, weather, or force majeure (Section 11). 6.4 You agree not to discriminate against Customers in violation of applicable law. 6.5 You agree to use the Platform's chat, location-sharing, OTP, and charge-submission tools as designed and not to attempt to take bookings or payments off-Platform for trips that originated on the Platform. 6.6 You agree to submit any post-trip charges within the time limit defined in our Refund Policy, with reasonable proof. 7. POST-TRIP CHARGES AND DISPUTES 7.1 Within the time window stated in our Refund Policy after the trip ends, an Owner may submit charges for fuel, damage, overtime, or similar items, supported by photographs, invoices, or other proof. 7.2 The Customer will receive a notification and has a 24-hour window to dispute the charges through the Platform. If no dispute is raised within 24 hours, the charges are deemed accepted. 7.3 If charges are accepted, in whole or in part, the relevant amount is captured from the security deposit hold. Any shortfall above the deposit is charged to the Customer's saved payment method (with 3-D Secure / SCA where required). 7.4 If a dispute is raised, our Administrators will review the evidence and may adjust the final charge. The decision of our Administrators is binding for the purpose of settling payment on the Platform but does not waive either party's legal rights to pursue remedies in court or arbitration. 8. REVIEWS 8.1 After a trip is completed, Customer and Owner may each leave a review of the other. Reviews are released in a blind exchange after both have submitted or the submission window has closed. 8.2 You agree your reviews will be honest, lawful, and not contain defamatory, harassing, discriminatory, sexually explicit, or misleading content. We may remove reviews that violate these Terms. 8.3 Public listings show reviewer names reduced to first name and last initial. 9. CONTENT AND LICENSE 9.1 You retain ownership of the photos, descriptions, messages, and other content you submit ("Your Content"). 9.2 You grant Turbo Yachts a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, adapt, and distribute Your Content for the purpose of operating, promoting, and improving the Platform. 9.3 You represent and warrant that you have the rights to grant this license and that Your Content does not infringe any third-party rights. 10. PROHIBITED CONDUCT You agree not to: (a) violate any applicable law or regulation; (b) misrepresent your identity, your vessel, or any booking; (c) interfere with, disrupt, or attempt to gain unauthorized access to the Platform or its security; (d) scrape, copy, or republish Platform content except as permitted; (e) circumvent the Platform's fees by taking transactions off-platform after they originated on the Platform; (f) post unlawful, harassing, discriminatory, or sexually explicit content; (g) use the Platform to spam, phish, or distribute malware. We may remove content, suspend or terminate accounts, withhold payouts, and report unlawful activity to authorities for violations. 11. WEATHER, SAFETY, AND FORCE MAJEURE 11.1 The Captain has the final authority to refuse to commence, shorten, divert, or terminate a voyage for safety reasons, including but not limited to weather, sea state, mechanical issues, passenger intoxication or misconduct, or regulatory restrictions. 11.2 If a trip is cancelled or shortened by the Captain for safety, weather, or force majeure reasons, refunds will be processed per our Refund Policy. 11.3 Neither party is liable for failure to perform caused by acts of God, war, terrorism, civil unrest, government action, epidemics, port closures, or other events beyond reasonable control. 12. PAYMENTS 12.1 Payments are processed by Stripe. By providing payment details you agree to Stripe's terms. 12.2 You authorize us, through Stripe, to (i) hold a security deposit authorization, (ii) capture amounts owed under accepted or admin-resolved post-trip charges, and (iii) charge off-session shortfalls (with 3-D Secure where required) to the payment method on file for the booking. 12.3 Owners are paid out per our Payout Policy. 13. TURBO YACHTS' ROLE; NO AGENCY Turbo Yachts is not a party to the charter contract between Customer and Owner. We do not endorse any Owner or vessel. Listings, ratings, and reviews are submitted by users; we do not independently verify every claim. Turbo Yachts is not the Customer's or Owner's employer, agent, partner, joint-venturer, or insurer. 14. DISCLAIMERS THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. CHARTER SERVICES, VESSELS, AND THE CONDUCT OF CAPTAINS AND CUSTOMERS ARE THE RESPONSIBILITY OF THOSE PARTIES, NOT OF TURBO YACHTS. 15. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) TURBO YACHTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) THE TOTAL LIABILITY OF TURBO YACHTS FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (i) THE SERVICE FEES YOU PAID TO US FOR THE BOOKING THAT GAVE RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) USD 100. Nothing in this Section excludes liability that cannot be excluded by law (such as for death or personal injury caused by our negligence, where applicable). 16. SUSPENSION AND TERMINATION 16.1 You may terminate your account at any time by contacting us. Termination does not relieve you of obligations for bookings already in progress or amounts already owed. 16.2 We may suspend or terminate your account, withhold payouts, cancel bookings, or restrict access for any actual or reasonably suspected violation of these Terms, for risk or fraud reasons, or to comply with law. 17. GOVERNING LAW AND DISPUTE RESOLUTION 17.1 These Terms, and any dispute arising out of or relating to these Terms or the Platform, are governed by the federal laws of the United States and the laws of the State of [STATE TO BE CONFIRMED BY CLIENT], without regard to its conflict-of-laws rules. 17.2 Subject to Section 17.3, you and Turbo Yachts agree that any dispute will be resolved exclusively in the state or federal courts located in [COUNTY], [STATE TO BE CONFIRMED BY CLIENT], and you consent to the personal jurisdiction of those courts. 17.3 [OPTIONAL BINDING-ARBITRATION AND CLASS-ACTION WAIVER CLAUSE - to be drafted by U.S. counsel under the Federal Arbitration Act, with carve-outs for small-claims court and injunctive relief, and an opt-out window for new users.] 17.4 The Platform is offered only within the United States. If you access it from outside the United States, you do so on your own initiative and are responsible for compliance with local law. 18. CHANGES TO THE TERMS We may modify these Terms from time to time. If we make material changes, we will notify you through the Platform or by email before they take effect. Your continued use of the Platform after the effective date constitutes acceptance. 19. MISCELLANEOUS 19.1 If any provision of these Terms is held unenforceable, the rest remains in effect. 19.2 Our failure to enforce a provision is not a waiver. 19.3 You may not assign these Terms; we may assign them to an affiliate or successor. 19.4 These Terms, together with the Privacy Policy, Refund Policy, Return Policy, Payout Policy, and Shipping (Service Delivery) Policy, are the entire agreement between you and us regarding the Platform. 20. CONTACT Entity: Turbo Yachts Address: Miami, Florida Email: info@theturboyachts.com Legal: info@theturboyachts.com