Terms and Conditions

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Below is an example of our charter terms & conditions, sometimes these may vary, when booking please read the actual copy sent with your booking form:  

Charter Agreement 

In consideration for Rock and Reef Charters, providing to and use of a private charter vessel, together with any related services or amenities, I, on the behalf of myself and any minor children to whom I am parent, legal guardian, or otherwise have care and custody, and my heirs and personal representative, hereby execute and deliver this Charter Agreement (this "agreement") in favor of Rock and Reef Charters.  

Acceptance of Rules 

I acknowledge that I will adhere to the rules listed but not limited to the following and/or verbal instructions given by the captain of the vessel:

1. Your Contract to Charter

These are the terms and conditions for booking with Rock and Reef Charters and come into effect once we have received your payment, confirming your booking for a private charter.

From that time a contract fixing the price and terms exist between you and Rock and Reef Charters as detailed in the booking invoice. On making your booking, you guarantee that you have the authority and do accept the terms of these booking conditions.

Once your booking form and payment have been received, you will receive confirmation of your booking. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and should inform us immediately of any discrepancies. 

2. Price and Payment

Once booked, as per article 1 of this contract, the agreed price of your private charter is fully guaranteed by your Charter Captain and will not be subjected to any surcharge. This does not apply to possible invoice, typing or other errors. 

Full payment is due at the time of booking to secure a private charter for your chosen date and time. You will receive confirmation information once booking is complete. 

3. If you want to change your booking details

If you want to change the details of your private charter once the contract has been entered into (as per article 1) then you should contact us directly via phone or e-mail and we will endeavor to make these changes, but are not obligated to do so, as it may not always be possible. Only the person who made booking is authorized to contact us in this respect. Surcharges, if any, stemming from such changes will be quoted individually once we have established whether the changes you want are possible. 

4. If you cancel your trip

You may cancel this contract at any time by contacting us directly via phone. Cancellation will be effective on the date that it was received by Rock and Reef Charters. 

If you choose to cancel your booking, the following applies:

• Cancel at least 5 days prior to their scheduled charter: customer can choose to reschedule or receive a full refund
• Cancel within 3-4 full calendar days from their scheduled charter: customer will be offered to reschedule their private charter. If date can not be chosen within a reasonable time or if Rock and Reef Charters does not have availability to reschedule, half of the trip cost may be issued as a refund. Must be more than 48 hours prior to the scheduled charter.
• Cancel 48 hours or less from their scheduled charter: No refunds will be issued. Reschedule is at the discretion of Rock and Reef Charters. 

5. If we cancel your charter

If we are forced to make a major change to your private charter booking (due to weather or mechanical issues) we will inform you as soon as reasonably possible and offer you an alternative arrangement if there is availability. In most cases we shall offer an alternative which is the same price as the charter you originally booked. If we cancel the booking and are unable to reschedule your private charter contract, you will receive a full refund. 

6. Excursion Termination

We reserve the right at our absolute discretion to terminate without further notice the booking arrangement of any client who refuses to comply with the instructions or orders of the captain or other person and whose behavior in the opinion of these people is likely to cause distress, damage, or danger to other people during the trip. Upon such termination, our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you. 

7. If you have a complaint

In the rare case that you have a problem during your private charter (excursion), please inform the captain immediately, who will attempt to remedy the problem when applicable. If your complaint is not able to be resolved locally, please advise Rock and Reef Charters via email as soon as possible and no later than the end of the day of charter. If you fail to follow this simple procedure we will be deprived the opportunity to investigate and rectify your complaint and this may affect your rights under this contract.

8. Additional Rules

I acknowledge that I will adhere to the rules listed but not limited to the following and or verbal instructions given by the captain of the private charter vessel:

• The Captain reserves the right to request passenger ID before departing the dock so please bring a valid form of ID.
• All private charters allow guests to bring their own food and beverages (including alcohol). Our suggested allowance per person is 36oz of beer or 18oz of wine. Glass bottles are permitted on board, however you will be asked to pour your own drink into a plastic cup or non-breakable reusable cup.
• In the event that the weather prevents a safe or fun private charter that causes your trip to end early, please consult with the Captain of your vessel for further information. The Captain and Rock and Reef Charters reserve the full right to cancel the cruise at any time without any refund due.
• We have several private charter options available. Our private charters are designed for those 21 years of age and up as well as family private cruises. All minors must be accompanied by an adult age 21 or older. If the Captain or Rock and Reef Charters determines that the minor child is unable to comply within the CFR's of the USCG, that child will not be permitted on board. 
• Alcohol is permitted on all private charters. It is the full responsibility of customer to ensure no minors consume alcohol during the trip. 
• The Captain has the full right to terminate the cruise at any time without any refund due.
• We can board 6 passengers on the Aqua Dragon.
• The Aqua Dragon Upper Deck and Slide are not available while boat is moving and/or motor is actively running. Captain will announce to customers when Upper Deck and Slide are available for use once they the boat is safely anchored and motor is off. Customers assume all risks when using the the Upper Deck, including the Ladder and Slide.
• Customers may choose to disembark the vessel once Captain announces such and the boat is anchored and motor is off. Customers assume all risks when choosing to disembark the vessel.
• Guests may choose to bring their own water equipment to use when disembarking at the islands. Water equipment includes, but is not limited to the following: rafts, noodles, flotation rings, boards, masks, snorkels, sand toys, and other floatation devices or water toys.
• Guests may also use water equipment provided by Rock and Reef Charters or the Captain when disembarking. Guests assume all risks and responsibility when using any water equipment during the private charter. All equipment provided by Rock and Reef Charters must be returned in useable condition (undamaged). If damaged by guest due to inappropriate use, the guest who booked the charter is responsible for replacement costs. Rock and Reef Charters inspects and cleans all water equipment prior to your private charter and is not liable if water equipment fails during use. 
• DO NOT bring any of the following: Firearms of any type, drugs, matches, lighters, cigarettes, cigars, and vapor devices.
• We expect all of our passengers to conduct themselves in an acceptable behavior. If the Captain determines that a passenger does not follow any of the rules, the passenger can be told to depart the charter boat at any time during the cruise without any refund. We are not responsible to arrange or provide transportation for a passenger that does not follow the rules and are told to depart the charter boat.
• The Captain has the right to refuse any guest prior to boarding. If they believe that the guest behavior or actions are deemed to be unacceptable to the safety of all other guests.
• Not agreeing to or signing Rock and Reef Charters Charter Agreement is reason to refuse any guest from boarding.

Acceptance of Risk

I understand that the operation and use of a the private charter vessel has inherent risks that may result in bodily injury, sickness, death, or property damage, including but not limited to the following:

• Unanticipated changes in weather and water conditions
• Conduct of third parties at launch and landing areas and in other vessels on the water
• Exacerbation of medical conditions resulting from physical exertion
• Falling into the water, whether or not wearing provided personal floatation devices
• Falling or slipping due to wet conditions or rough water

I understand that these risks cannot be completely eliminated without fundamentally altering the unique experience provided by the charter vessel. I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses. Furthermore, I expressly assume all risk for bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided personal floatation devices or from my consumption of alcohol while on the charter vessel.

I understand that I am not required to disembark the vessel once anchored during the private charter trip. I understand that disembarking the vessel has inherent risks that may result in bodily injury, sickness, death, or property damage. I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses due to my decision to disembark the vessel. Disembarking the vessel includes but is not limited to the following: entering the water from the boat to swim, go ashore to beach/island, use of water slide, standing in water or sandbar, and entering/exiting the boat at the Marina.

Release

I hereby release, forever discharge, and agree to hold Rock and Reef Charters it's members, managers, employees, contractors, agents, vendors, and affiliates, harmless from any and all liability, claims or demands for personal injury, sickness, death, property damage, and related expenses, of any nature whatsoever that I may incur as a result of my use of the Charter vessel and participation in it's charter voyage.

I grant Rock and Reef Charters LLC, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likeness and names, of myself and any minor children under my care, custody, and control for Rock and Reef Charters LLC promotional purposes in any media, including but not limited to print and online publication. I grant permission in consideration for my participation on my charter voyage and such other consideration, if any, provided by, Rock and Reef Charters LLC any claim to further compensation.

Indemnification

I further agree to indemnify and hold Rock and Reef Charters, its members, managers, employees, contractors, agents, vendors, heirs, successors, assigns, beneficiaries, and shareholders, harmless from any liability sustained by me or by third parties, including but not limited to operators and other passengers of the charter vessel, passengers of other vessels, bystanders at the launch and landing areas, and any minor children under my care, custody, and control, as the result of my negligent, willful or intentional acts, including any actions taken while intoxicated, and all expenses incurred attendant thereto. I agree that I am responsible for the repair cost and any losses resulting from any damage to the Charter Vessel that is caused as a result of my negligent, willful, or intentional acts.

Representative and Acknowledgements

I am at least 18 years of age, or, if I have minor children in my party, I am at least 21 years of age. All minor children in my party, if any, are listed by name at the bottom of this Agreement, and each meets Rock and Reef Charters passenger requirements, I expressly agree to the Acceptance of Risk and Release provisions of the Agreement on behalf of myself and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody, and my heirs and personal representatives. I am not aware of any medical condition or limitation that would prevent me from using the Charter Vessel in it's ordinary and intended manner. I understand that any failure to follow posted rules or the instructions of Charter Vessel operators may lead to early termination of my private charter voyage without refund. I understand that I must be at least 21 years of age to consume alcoholic beverages.

Interpretation and Governing Law

The provisions of this Agreement are intended to be construed as broadly and inclusively as permitted by applicable law. Any portion held invalid shall be reformed to the least degree necessary so that it is valid. Invalidity of any portion of the Agreement shall not affect the validity of any portion of this Agreement. This Agreement shall be governed by the State of Florida, without giving effect to its conflict of laws principles. 

Arbitration of Disputes

I agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules any dispute arising out of or relating to this Agreement that cannot be settled by informal mediation. The place of arbitration shall be Pinellas County, Florida.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party's attorney's fees shall be paid by the non-prevailing party. 

• Last updated: 8/4/2022