Terms of Service

Charted Waters is a marketplace that connects guests with independent charter operators ("Operators") offering boat charters, fishing guides, snorkel trips, and related water experiences primarily across the Bahamas, Caribbean, and United States.

We are not a charter company. We do not own or operate any vessels, and we are not a party to the agreement between a guest and an Operator. Operators are independent businesses solely responsible for the safe and lawful operation of their services.

Key definitions used in these Terms: An "Inquiry" is a message submitted through the Platform expressing interest in a trip; it does not constitute a booking and creates no payment obligation. A "Confirmed Booking" means a trip reservation for which payment has been successfully processed through the Platform, or — where a listing does not yet support online payment — a reservation explicitly confirmed in writing by the Operator. Confirmations made outside the Platform (e.g. via WhatsApp or email) are agreements solely between the guest and the Operator and are not covered by Charted Waters' cancellation or hurricane protection policies.

You must be at least 18 years old to make a booking or create an Operator account. By using the Platform you represent that you meet this requirement.

Charted Waters currently operates primarily as an operator directory and inquiry platform. Guests can browse listings and submit inquiries directly to operators, who then follow up to confirm availability and arrange payment. Direct online booking with payment processing is available on select listings and will be progressively rolled out across the Platform.

Where online booking is available: when you submit a booking request, you are making an offer to purchase a charter experience from an Operator. A binding contract between you and the Operator is formed when payment is successfully processed. All prices are displayed in US dollars. Payment is processed securely via Stripe. A deposit (as specified on each listing) is charged at the time of booking; the remaining balance, if any, is due as agreed with the Operator.

Charted Waters charges a platform fee of 10% on each transaction processed through the Platform to cover payment processing and platform services. This fee is included in the displayed price and is non-refundable except where required by law.

Each listing displays the Operator's cancellation policy, which governs refund eligibility. It is your responsibility to review this policy before booking.

Refunds for cancelled bookings are issued in accordance with the Operator's stated policy. Refunds are returned to the original payment method and may take 5–10 business days to appear.

Charted Waters reserves the right to cancel a booking and issue a full refund if an Operator is unable to fulfil the experience due to circumstances outside their control, including severe weather or vessel mechanical failure.

All bookings made through Charted Waters include hurricane protection. If the National Hurricane Center (NHC) issues a tropical storm watch, hurricane watch, or hurricane warning within 200 nautical miles of the departure location within 72 hours of your scheduled trip, you may submit a refund request to support@chartedwaters.app. We will review your request and, provided the NHC threshold is met and the trip constitutes a Confirmed Booking through our Platform, we will refund all amounts paid excluding the non-refundable 10% platform fee. Please allow up to 5 business days for review.

Standard bad weather (rain, choppy seas, wind) that does not meet the NHC threshold above is not grounds for a platform-level refund. Guests should review the Operator's cancellation policy for weather-related flexibility.

Note: Automated hurricane refund processing is in development. During the current phase, all hurricane-related refund requests are handled manually by our support team.

Operators who list services on Charted Waters agree to:

• Hold all required licences, permits, and insurance for their jurisdiction
• Accurately describe their vessels, services, and pricing
• Honour confirmed bookings or provide timely notice and a full refund
• Comply with all applicable maritime safety laws and regulations
• Not solicit guests to book outside the Platform to circumvent fees

Violation of the off-platform solicitation prohibition may result in immediate account termination and recovery of any fees circumvented, in addition to any other remedies available at law.

Operators are responsible for collecting and remitting any applicable taxes on their services.

Each Operator agrees to indemnify, defend, and hold harmless Charted Waters and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Operator's services or vessel operations; (b) any injury, death, or property damage occurring during a trip; (c) the Operator's breach of these Terms or applicable law; or (d) any inaccuracy in the Operator's listings or representations.

Charted Waters reserves the right to suspend or permanently terminate any Operator or user account at its sole discretion, with or without notice, for reasons including but not limited to:

• Violation of these Terms or our policies
• Fraudulent, misleading, or harmful conduct
• Failure to maintain required licences or insurance
• Repeated negative guest feedback or safety complaints
• Non-payment of platform fees

Upon termination, all pending bookings will be handled at our discretion to minimise disruption to guests. Operators may appeal a suspension by contacting support@chartedwaters.app.

As a guest you agree to:

• Provide accurate contact information at the time of booking
• Arrive at the agreed time and location
• Follow all safety instructions from the captain and crew
• Not bring prohibited items on board
• Respect the vessel and the natural environment

You may be required to sign a liability waiver before departure. Failure to comply with safety instructions or Operator rules may result in removal from the vessel without refund.

Water-based activities carry inherent risks. By making a booking you acknowledge these risks and agree to sign any liability waiver required by the Operator prior to the trip.

The specific terms of any liability waiver are determined solely by the Operator and will be provided to you prior to departure. Charted Waters is not a party to any such waiver and makes no representation regarding its enforceability.

Charted Waters is not liable for personal injury, death, property damage, or other loss arising from participation in charter activities.

Guests may submit a review after completing a trip. Reviews must be honest, based on first-hand experience, and must not contain offensive, defamatory, or misleading content. Charted Waters reserves the right to moderate or remove reviews that violate these standards.

Reviews published on the Platform reflect the opinions of individual guests only and do not represent the views, endorsements, or recommendations of Charted Waters. We do not verify the accuracy of review content and accept no responsibility for opinions expressed therein.

All content on the Platform — including text, design, logos, and software — is owned by or licensed to Charted Waters and may not be reproduced without written permission.

By uploading photos or other content to the Platform, you grant Charted Waters a non-exclusive, royalty-free licence to display that content for the purpose of operating and promoting the Platform.

We encourage you to contact us first at support@chartedwaters.app — most issues can be resolved quickly without formal proceedings.

If a dispute cannot be resolved informally, both parties agree to submit to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English. Arbitration shall take place in Florida, United States, or via video conference by mutual agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Charted Waters. Nothing in this section prevents either party from seeking emergency injunctive relief from a court to prevent irreparable harm.

To the maximum extent permitted by law, Charted Waters' total liability to you for any claim arising from use of the Platform is limited to the amount you paid for the booking in question.

We are not liable for indirect, incidental, or consequential damages, including lost profits, missed flights, accommodation costs, or any loss arising from an Operator's failure to deliver their services.

The Platform is provided "as is" without warranties of any kind. We do not guarantee the accuracy of Operator listings, tide data, weather information, or any other third-party content displayed on the Platform.

We may update these Terms from time to time. We will post the revised Terms with an updated date at the top of this page. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles, except where superseded by the arbitration clause in Section 13.

Questions about these Terms? Contact us at support@chartedwaters.app.