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 boat, 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 boat owners and operators ("Owners" or "Captains") with individuals who wish to book boat charter trips ("Customers"). We are not a boat owner, operator, charter company, or licensed vessel master. We do not own, operate, or insure the boats 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. References in these Terms to a "boat" or a "vessel" include any watercraft listed on the Platform, including yachts, motorboats, sailboats, catamarans, and personal watercraft. 3. ELIGIBILITY, VERIFICATION, 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 19). 3.6 Users must meet all applicable legal requirements to operate or charter a vessel, including any licensing, certification, registration, insurance, minimum-age, and boater-education requirements imposed by federal, state, or local law in the waters where the trip takes place. 3.7 While Turbo Yachts may perform identity or license checks, it does not guarantee the accuracy or completeness of any user-provided information. Any verification badge, review, rating, or document check displayed on the Platform is not a warranty of a user's identity, qualifications, insurance coverage, or of the condition or seaworthiness of any vessel. 4. BOOKINGS AND THE CHARTER CONTRACT 4.1 Booking flow Boats are offered either as "Instant Book" or "On Request". For Instant Book boats, the charter contract between Customer and Owner is formed when payment is successfully authorized. For On Request boats, 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. The passcode is issued only once the security deposit hold has been authorized, and is valid for four hours. Failure to be present, ready, and to share the passcode within 30 minutes of the scheduled start time may be treated as a no-show under the Refund Policy. 4.6 Charter structure For captained charters, the vessel owner (or their designated captain) retains operational control of the vessel at all times. The Customer and their guests are passengers and do not acquire possession, command, or control of the vessel. The Customer may not operate the vessel unless the Owner has expressly agreed in writing and the Customer holds every licence and certification required by law for that operation. 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 13). 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, subject to Section 20. 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: a review is published as soon as the other party submits theirs, or 14 days after submission if the other party never does. 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. SAFETY RULES AND CONDUCT ON THE WATER 11.1 Users agree to comply with all applicable maritime laws, safety regulations, and the instructions of the vessel owner or captain. Prohibited conduct includes intoxicated operation, overcapacity, and unsafe behavior. 11.2 Without limiting Section 11.1, the following are prohibited on any trip booked through the Platform: (a) operating the vessel while under the influence of alcohol, cannabis, or any other impairing substance; (b) carrying more passengers than the vessel's stated or legally permitted capacity, or loading the vessel beyond its rated weight; (c) refusing to wear a life jacket or other safety equipment where required by law or by the Captain; (d) bringing weapons, fireworks, or illegal substances aboard; (e) swimming, diving, sitting on rails or bow, or moving about the vessel while it is underway, except where the Captain has expressly permitted it; (f) interfering with navigation, controls, or safety equipment, or with the Captain's performance of their duties; (g) harassing, threatening, or endangering any person aboard or any other vessel; and (h) any conduct that violates U.S. Coast Guard rules, state boating regulations, or local harbor and marina rules. 11.3 The Captain may refuse boarding to, or put ashore, any person who violates this Section. A trip ended for this reason is treated as a Customer-caused termination under the Refund Policy, and no refund is owed for the unused portion. 11.4 You are responsible for the conduct of every guest in your party, including minors, and for any fine, penalty, damage, or cost resulting from a breach of this Section. 12. ASSUMPTION OF RISK Renter and guests acknowledge that boating involves inherent risks, including but not limited to weather conditions, water hazards, mechanical failure, and personal injury, and voluntarily assume all such risks. These risks include, without limitation: changing sea state and weather; collision, grounding, capsizing, or sinking; slips, trips, and falls on wet or moving decks; propeller, engine, and machinery hazards; drowning; marine life; sunburn, heat, dehydration, and seasickness; the acts or omissions of the Captain, crew, other passengers, or operators of other vessels; and delay in, or absence of, emergency medical assistance at sea. You acknowledge that these risks cannot be eliminated and that you accept them knowingly and voluntarily, for yourself and for every guest in your party, on behalf of whom you confirm you are authorized to agree. Nothing in this Section limits any liability that cannot be limited under applicable law. 13. WEATHER, SAFETY, AND FORCE MAJEURE 13.1 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. 13.2 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. 13.3 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. 14. PAYMENTS 14.1 Payments are processed by Stripe. By providing payment details you agree to Stripe's terms. 14.2 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. 14.3 Owners are paid out per our Payout Policy. 15. 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. 16. 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. 17. 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). 18. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Turbo Yachts and its affiliates from any claims, damages, losses, and expenses arising out of your use of the services, your breach of these Terms, or your violation of any law. This indemnity extends to the officers, directors, employees, agents, and contractors of Turbo Yachts and its affiliates, and covers reasonable attorneys' fees and costs. It also covers claims arising out of the acts or omissions of any guest in your party, any content you submit, any trip you operate or take, and any damage to a vessel or third-party property. We may assume the exclusive defense and control of any matter subject to this indemnity, at your expense, and you agree to cooperate with that defense. You may not settle any such matter in a way that imposes an obligation on us without our prior written consent. 19. SUSPENSION AND TERMINATION 19.1 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. 19.2 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. 20. GOVERNING LAW, ARBITRATION, AND DISPUTE RESOLUTION 20.1 These Terms are governed by the laws of the State of Florida, except where federal maritime law applies, without regard to conflict-of-laws rules. 20.2 Any dispute shall be resolved by binding arbitration on an individual basis, and you waive any right to participate in a class action. 20.3 Arbitration details (a) This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 et seq. (b) Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. (c) The arbitration will be held in Miami-Dade County, Florida, or, at your election, by telephone, by video conference, or on written submissions only. The arbitrator may award any relief available in court to the individual party, and the award may be entered as a judgment in any court of competent jurisdiction. (d) The arbitrator, and not any court, decides all issues of arbitrability, except that a court decides whether the class-action waiver in Section 20.2 is enforceable. (e) If the class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) is severed from arbitration and heard in the courts identified in Section 20.5. 20.4 Exceptions to arbitration Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized access to the Platform. Before starting an arbitration, you agree to notify us in writing at the address in Section 23 and to allow 30 days for informal resolution. 20.5 Court proceedings For any dispute not subject to arbitration, you and Turbo Yachts agree to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and each party consents to the personal jurisdiction of those courts. 20.6 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. 21. 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. 22. MISCELLANEOUS 22.1 If any provision of these Terms is held unenforceable, the rest remains in effect. 22.2 Our failure to enforce a provision is not a waiver. 22.3 You may not assign these Terms; we may assign them to an affiliate or successor. 22.4 Sections 12 (Assumption of Risk), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), and 20 (Governing Law, Arbitration, and Dispute Resolution) survive termination of these Terms or of your account. 22.5 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. 23. CONTACT Entity: Turbo Yachts Address: Miami, Florida Email: info@theturboyachts.com Legal: info@theturboyachts.com