38' Boat Rental | Up To 16 People | Island Cruises | Nighttime Cruises

This agreement is between [OWNER] of [OWNER ADDRESS] (“Owner”), owner of the boat and [RENTER] of [RENTER ADDRESS] ("Renter") for Booking [BOOKING ID] ("Charter"). In consideration of the promises herein, the Owner agrees to let and the Renter agrees to hire the Boat from [TRIP START] to [TRIP FINISH] for the sum of [RENTAL PRICE] USD, which amount has been paid via GetMyboat subject to the terms and conditions to which Owner and Renter have individually agreed, which in this instance includes a discount of $[COUPON VALUE] USD off the full price of $[FULL PRICE] USD which does not affect the Owner’s payment. The Owner agrees to deliver the Boat at [BOAT LOCATION] on [TRIP START DATE], in full commission and in proper working order with full equipment as stated in our listing, inclusive of that required by law. The Renter agrees to restrict the cruising of the Boat as follows: Boats may be used on inland and coastal waters of the continental United States of America only; not to exceed 12 miles from nearest shoreline and not to exceed two miles offshore for any kayak or manually powered watercraft. If the vessel chartered herein is over 30 feet in length and is either a sailboat with auxiliary engine or a power boat with two engines the offshore limit is extended to not exceed 25 miles offshore. Renter will always have the vessel lying at a safe berth, anchorage or mooring, always afloat, and not to be underway after 9 p.m. (LST) unless the boat is covered by a policy other than the our boat Charter arranged Insurance Policy; nevertheless, the 9 pm local time limitation is in force unless explicitly stated in the owner’s boat listing. In the event that the vessel is not always afloat and is beached, Renter agrees to a penalty of $100 in accordance with our company policies, in addition to any damage claim related to the beaching. The Renter agrees to be responsible for and to replace or make good any injury to the Boat, her equipment or furnishings, caused personally by itself or any of its party, and not otherwise collectible under the Owner’s insurance, ordinary wear and tear excepted. Renter shall indemnify and hold Owner harmless for any loss or injury suffered by Renter or any member of his party. The Renter agrees to surrender the Boat at the expiration of this charter at the same location the Boat was originally received (unless otherwise specified by the owner prior to rental period), free and clear of any indebtedness that may have been incurred for his account during the term of charter, and in as good condition as when delivery was taken, ordinary wear and tear and any loss or damage that he shall not be liable to make good excepted. In the event of any damage or loss to the Boat or its equipment, Renter shall fully advise Owner thereof not later than the termination of the charter using the Pre-Rental or Post Rental Inspection document as described elsewhere in this agreement. Should Renter not make redelivery of the Boat as stipulated due to causes other than the making of repairs, he shall pay additional hourly hire pro rata to the Owner for the time that such redelivery is delayed beyond [HOURS/DAYS] after Renter takes delivery to conclude no later than [TRIP FINISH] local time. The Renter agrees that the Boat shall be used exclusively as a pleasure vessel for the sole and proper use of Renter, its family and guests during the term of this charter and shall not tow, nor transport merchandise or carry passengers for pay, or engage in any trade, participate in any race or contest of speed, nor in any way violate the Revenue Laws of the United States, and shall comply with state and federal law in all other respects. Renter further agrees to be solely liable for tickets, citations, fines, and/or other violations that occur during the Rental, and all fees resulting from such violations with the exception of tickets, citations, fines, and/or violations due to Owner negligence such as missing lifejackets or improper licensing/documentation. The Renter agrees not to assign this Agreement or subcharter the Boat, and Renter agrees that only our charter company authorized Renter may operate the vessel, unless a Captain, pre-approved by our company Insurance Policy or the Owner’s own commercial charter policy has approved the Captain. Notwithstanding anything in this clause it is mutually agreed that full authority regarding the management of the Boat is hereby transferred to the Renter for the term hereof. It is further agreed by the parties hereto that Renter agrees to allow us to place a hold on the Renter’s credit card three (3) days prior to the Charter term beginning the security deposit amount of [SECURITY DEPOSIT]. We will release the hold 72 hours after the Charter term concludes unless a claim or incident is reported. If a claim is filed, We will hold the security deposit until the Insurance Company underwriting the coverage renders a decision. Any uncovered or excess damage and/or the deductible, administrative fee or other deduction allowed for under the terms hereof or by the Renter’s agreement with our company will be deducted from the security deposit and the balance remaining will be refunded. In the instance where balance due exceeds the security deposit, the renter agrees to allow us to charge the credit card used to make the purchase for the amount. In the case the credit card is not able to complete a transaction, the Renter will be required to submit an alternate payment method. Should the Owner and Renter be unable to reconcile any differences that may arise with respect to this Agreement, such dispute shall be referred to a sole arbitrator to be named by our company. The decision in writing signed by the arbitrator shall be final and binding upon both Owner and Renter and may be binding in any court of competent jurisdiction. The expense and fees in connection with such arbitration shall be equally divided between the parties unless the arbitrator decides otherwise. All disputes or disagreements to be settled in San Francisco, California applying the law of California to the extent it is not preempted by general maritime law. The Owner’s and Renter’s, electronic assent and signatures need not be affixed to the same copy of this Charter Party Agreement, and our company may transmit the Charter Party by any electronic means. CANCELLATION POLICY: Please Read Carefully* 1. Renter(s) agrees to a refund in the amount of 75% of the rental price if cancelled more than 7 days prior to commencement of the rental. 2. Refund of 50% of the rental price if cancelled less than 7 days but more than 48 hours prior to commencement of the rental. 3. Any rental that is cancelled or changed other than agreed upon rental start date 48 hours or less will forfeit entire 100% of monies paid. 5. All additions to the agreed upon charter such as food, drinks, DJ's, private chefs, alcohol, and any and all extra charges that were added to the charter that is not included in said GetMyBoat listing must be paid in full if not cancelled at least 7 days prior to the commencement of the rental. Renter agrees not to smoke on or near the Boat, nor allow its guests to do so during the term of the Charter. Similarly no pets are permitted without the written consent of the owner. Renter will use its utmost good faith and due diligence to: not operate devices that require one or both hands while operating the vessel, including but not limited to, cell phones, mobile computers, or devices that allow texting wear all personal flotation devices required by law or prudence and to require the same of Renter’s guests. Not wear headphones, or any other devices which limit hearing while operating the vessel. Not Operate the vessel under the influence of any substance. Not place stickers, signs, symbols, or other devices, modifications, advertisements or publicity materials on the interior or exterior of the Boat without the permission of the Owner. You also accept that any changes or modifications to the Charter Party as to date, time, price or any similar logistical change made after the original booking will be confirmed by email to Owner and Renter, which once sent; shall be incorporated into the agreement as if originally set forth. To the true and faithful performance of the foregoing Agreement the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other. IN WITNESS WHEREOF, the parties hereto set their hands the day and year first above written.