Terms and Conditions
These terms and conditions (“Agreement”) govern the use of boat rental services provided by Bruschi Boat Rental LLC and Altamar Trade LLC (“the Company”), located in Miami, Florida. By renting a boat from the Company, you (“the Customer”) agree to comply with the following terms and conditions:
1. Self-Drive Boats:
Our website offers a dedicated section for self-drive boat rentals where you can operate the boat yourself. Please note that all other boats in our inventory require a captain.
1.1. Age Requirement: To rent a boat, at least one person in your party must be a minimum of 35 years old, and the reservation must be made under their name. This individual must be present on the rental at all times.
1.2. License: The Customer must possess a valid driver’s license issued by a recognized authority in their country of residence. The license must be presented to the Company prior to the commencement of the rental period. Passport for foreign nationals is also valid.
1.3. Boater’s Safety:
* Anyone born on or after January 1, 1988 who operates a vessel powered by 10 horsepower or more must pass an approved boater safety course and have in his/her possession photographic identification and a boating safety education identification card issued by the Florida Fish and Wildlife Conservation Commission.
* The following operators are exempt:
* A person licensed by the U.S. Coast Guard as a master of a vessel.
* A person operating on a private lake or pond.
* An operator who is accompanied onboard by a person who is least 18 years old and possesses the required Boating Safety Education Identification Card, provided that person is attendant to and responsible for the safe operation of the vessel.
* An operator who is accompanied onboard by a person who is exempt from the educational requirements, provided that person is attendant to and responsible for the safe operation of the vessel.
* A non-resident who has in his or her possession proof that he or she has completed a NASBLA-approved boater safety course or equivalency examination from another state.
* A person who is operating a vessel within 90 days after the purchase of that vessel, provided they have available for inspection aboard that vessel, a bill of sale meeting all the requirements as established in Chapter 328.46(1), Florida Statutes.
* A person operating a vessel within 90 days after completing an approved boating safety course, as required in Chapter 327.395(1), and has a photographic I.D. and a boater education course completion certificate showing proof of having completed the required boating safety education course. The course completion certificate must provide the student’s first and last name, date of birth, and the date the course was successfully completed. (Effective Oct. 1, 2011.)
1.4. Right to refuse service: The company retains the authority to provide a boat rental to a customer, even when the customer is on-site at the marina. This determination will be influenced by factors including the customer’s prior experience in boat handling, their demeanor towards our staff during instructional sessions, and any other elements that could affect the safe utilization of the boat, in addition to a satisfactory comprehension of the rules and regulations as explained by our staff members.
1.5. Forms and documents presentation: The company is empowered to prevent a reservation from proceeding if customers or their invitees decline to complete the necessary forms and documentation mandated by the company. The company reserves the option to request verification of payment methods, identification documents, or any other requisite materials that the charterers or renters are obligated to furnish.
1.6. Seeking Additional Company Services: Apart from addressing boat malfunctions due to mechanical failure, any supplementary services requested from the company will result in additional charges being applied to your reservation. Examples of such services include the delivery of gas, towing the boat back to the marina due to operator negligence, and towing the boat out of a sandbar, among others.
These charges will be billed at a rate of $150 per hour for the extra boat usage and are to be settled upon reservation. Additionally, if late fees are applicable to the initially rented boat, they will be levied accordingly.
1.7. Off-Premises Docking and Pickups Prohibition: Unless explicitly granted in writing by the company, docking at locations other than our facilities or picking up individuals from different sites is strictly prohibited. Engaging in such activities without obtaining prior written consent from the company will result in the immediate cancellation of the rental agreement, and you will be required to return the boat to our designated facility.
1.8. In the event of an accident:
* If there are injuries requiring immediate medical attention, dial 911, indicate that you are on a boat, and request medical assistance. Provide the boat’s location to the best of your ability. Once assistance is en route, inform the company about the incident.
* If there are no injuries but the accident involves another vessel or property, you are obligated to exchange information with the other party and acquire a police report. Subsequently, notify the company about the incident.
* In case of a collision where only the boat sustains damage, promptly inform the company. Such damage could compromise the boat’s seaworthiness, jeopardizing your safety and that of your fellow passengers.
* The renter is liable for such damages and is required to cover the costs upon arrival at the boat. The company will provide an immediate estimate, which must be paid without delay. If an on-the-spot estimate is unfeasible, a sufficient amount will be pre-authorized on your credit card to secure these expenses. The company will then ascertain the estimate and deduct the charges from the provided payment method.
1.8.1. Here are some additional charges or considerations that might arise in the event of boat damage:
* Loss of Use Fees: Some rental agreements include provisions for charging customers for the time the boat is out of service due to repairs. This compensates the rental company for the revenue they would have generated if the boat was available for rental during the repair period.
* Towing and Hauling Costs: If the damage is severe and the boat needs to be transported to a repair facility, there might be charges for towing the boat to the repair shop and hauling it out of the water if necessary.
* Storage Fees: If the boat needs to be stored at a repair facility or marina while awaiting repairs, there could be storage fees involved.
* Rental Replacement Costs: If the damage is extensive and the boat cannot be used for an extended period, the rental company might need to provide a replacement boat for customers with existing reservations. This could incur additional expenses.
* Administrative Fees: Some rental companies might charge administrative or processing fees related to handling the damage claim, coordinating repairs, and managing insurance paperwork.
* Insurance Deductibles: If the rental company has insurance coverage for their boats, there might be insurance deductibles that need to be paid before the insurance covers the remaining repair costs.
* Legal and Collection Costs: In cases where the customer disputes the damage charges or refuses to pay, legal fees and collection agency fees might be incurred if the rental company needs to take legal action to recover the costs.
* Diminished Value: After repairs, the boat might have diminished value compared to its pre-damage condition. Some rental agreements might seek compensation for this decrease in value.
2. Charters with Captain eligibility:
2.1. To charter a boat, the minimum age requirement is 18 years.
2.2. Right to refuse service: The company maintains the privilege to decline service to customers who do not adhere to the advice and directives provided by the captain overseeing their voyage. The company places utmost importance on safety, necessitating customers’ diligent observance of company instructions from any team member or their selected captain. Adherence to instructions, as well as compliance with the established rules and regulations, constitutes valid grounds for terminating the rental agreement without the possibility of refunds.
2.3 Forms and documents presentation: The company is empowered to prevent a reservation from proceeding if customers or their invitees decline to complete the necessary forms and documentation mandated by the company. The company reserves the option to request verification of payment methods, identification documents, or any other requisite materials that the charterers or renters are obligated to furnish.
3. Reservation and Payment:
3.1. Boat reservations can be made in advance through the Company’s website, no walk ins are accepted.
3.2. The Customer must provide accurate and complete information at the time of reservation, including contact details and payment information.
3.3. A deposit or full payment may be required to secure a reservation, and the payment must be made using a valid credit card accepted by the Company.
3.4. The Customer agrees to pay the rental fee, applicable taxes, fuel charges, security deposit, and any additional fees incurred during the rental period.
3.5 The presence of the designated “Lead Customer” is mandatory throughout the duration of the boat charter. This individual is required to complete the Boat Charter Agreement, a prerequisite set by the US Coast Guard to ensure adherence to regulations. Should the Lead Customer be unable to join the voyage, they are to send an email to [email protected], granting authorization for another individual who will be on the boat. This email must include attached photographs of both their personal ID and the ID of the appointed person in charge of the trip. Additionally, written confirmation is needed from the Lead Customer, expressing acceptance of the payment method employed by the authorized individual.
4. Security deposit:
4.1. The security deposit must be paid in full before the rental period begins. The Company will require a credit card deposit, which will be returned to the Customer after the boat is inspected for any damages or discrepancies at the end of the rental period.
4.2. The security deposit will be held by the Company as a form of collateral and may be used to cover any costs incurred due to damage to the boat, its equipment, or any violations of the terms and conditions during the rental period.
4.3. The Company reserves the right to deduct from the security deposit the amount necessary to cover the repair costs, replacement of damaged or lost equipment, additional cleaning fees, fuel charges, or any other charges incurred during the rental period.
4.4. If the total cost of damages or charges exceeds the amount of the security deposit, the Customer will be responsible for paying the remaining balance as communicated by the Company.
4.5. The security deposit will be refunded to the Customer within a reasonable timeframe after the boat is returned in satisfactory condition, minus any applicable deductions. The refund will be processed using the same method as the original payment, unless otherwise agreed upon by both parties.
5. Rental Period and Return:
5.1. The rental period begins at the agreed-upon time of pick-up and ends at the agreed-upon time of return.
5.2. Late return of the boat will incur additional charges at the Company’s discretion, billed on an 30 minutes basis.
5.3. Delayed Boat Return Policy: Delays in returning the boat stemming from inadequate planning, maritime traffic, adverse weather conditions, or law enforcement-related issues will also be classified as late returns. Such occurrences will incur charges that will be added to the reservation in accordance with the applicable billing terms.
5.4. The Customer must return the boat to the designated drop-off location in the same condition as received, with all equipment, accessories, and documentation intact.
5.5. The Customer shall be responsible for any loss, damage, or theft of the boat or its equipment during the rental period and must inform the Company immediately in such cases.
6. Safety and Compliance:
6.1. The Customer must comply with all laws, rules, and regulations governing the use of boats and watercraft in the designated area.
6.2. The Customer must operate the boat responsibly, observing speed limits, avoiding reckless behavior, and maintaining a safe distance from other boats, structures, and wildlife.
6.3. The Customer must not operate the boat under the influence of alcohol, drugs, or any other substances that impair their ability to navigate the vessel safely.
6.4. The Customer acknowledges that they have received sufficient instructions on the operation and safety procedures of the boat before commencing the rental period.
7. Cancellations, Refunds and Weather:
Each Boat on our system has a different cancelation policy timeframe please refer to the cancellation policy on the boat you are renting for more accurate information.
To cancel, please send an email to [email protected] and await a response from our team.
Sending the email does not guarantee an automatic cancellation.
Phone calls or text messages will not be considered valid methods for cancellation.
For cancellations made outside the cancellation timeframe, before your rental day, a full refund will be provided.
Refer to the cancellation policy on the boat you are renting for accurate information on refunds.
7.2. Operator Cancellation:
In the event of unforeseen circumstances leading to an operator cancellation, customers will receive a full refund or the option to reschedule.
Customers who do not show up for their scheduled rental will be charged the full price.
No refunds will be allowed for no-shows.
7.4. Weather Policy:
Customers must show up for their reservation to be eligible for the policy, unless they have written consent from the company stating otherwise.
Customers who do not show up will be marked as a no show and will not receive a refund, even if they opted for weather protection.
7.4.1. Weather Policy before Departure:
* After waiting for 20 minutes after the starting time of the rental, if the weather does not permit the rental to proceed:
* Customers with weather protection will receive a full refund, minus the weather protection amount.
* Customers without weather protection will have two options:
* a) Reschedule to another available time, or
* b) Receive a refund minus 20% of the total amount or $40, whichever is higher, for operational expenses.
7.4.2. Cancellation Procedure after a Weather-Related Cancellation (without weather protection):
* Customers must send an email to [email protected] to state their intentions to reschedule or receive a partial refund.
* Refunds will be processed within 1 business day as stated above.
* If the customer decides to reschedule, they will receive a gift card with the full amount that can be used in the future.
* An email from the customer stating their intentions is necessary for this step.
7.4.3. Cancellation Procedure with Weather Protection:
* Customers must send an email to [email protected] stating that the rental did not proceed due to weather.
* They will receive a full refund, minus the weather protection amount.
* The refund will be processed within 1 business day.
7.4.4. Groupon Customers:
* Groupon customers have two options:
* a) With weather protection: Groupon will handle the refund procedure for the voucher.
* b) Without weather protection: Customers can reschedule to another available time.
* No reschedules or cancellations will be allowed after a rescheduling.
7.4.5. After Departure on the Boat:
* There will be a 20-minute grace period (checked by a GPS tracker on the boat) to return to the marina.
* All customers, regardless of weather protection, will have two options:
* a) Opt for a 70% refund, or
* b) Reschedule to another available time.
* Groupon Customers will only be allowed to reschedule to another available time after departure.
* Captain Must get paid for 1 hour of service, if customer refuse to pay for this the rental amount will be forfeited in its totality.
7.5. Weather Protection: This protection shields you from the risk of your rental being hindered by adverse weather conditions, potentially preventing its commencement. This safeguard entitles you to a complete reimbursement, provided that the entire weather policy procedure is adhered to meticulously read section 7.4. Please note that possessing weather protection does not exempt you from attending the reservation despite weather challenges. It is imperative to comply with the prescribed protocol to be eligible for a full refund. Please be aware that the cost of the weather protection itself will not be encompassed in the refund.
7.6. No Assumptions:
Do not assume your reservation is canceled due to current weather conditions unless you hear from the company regarding severe weather in writing.
Failure to show up for your scheduled time without confirmation of cancellation may result in being marked as a no-show.
8. Liability and Insurance:
8.1. The Customer agrees to assume full responsibility for any damage or loss incurred to the boat, its equipment, or third-party property during the rental period.
8.2. The Customer is advised to obtain personal insurance coverage that extends to the use of rented boats.
8.3. The Company shall not be held liable for any injury, loss, damage, or inconvenience suffered by the Customer during the rental period, including but not limited to accidents, weather-related incidents, or mechanical failures.
9. Lifejacket Policy for Children:
9.1. For the safety of young passengers, children aged 6 years or younger must wear a properly fitted and Coast Guard-approved lifejacket at all times while the boat is in motion.
9.2. It is the responsibility of the accompanying adult(s) to ensure that the child wears the lifejacket and follows this safety requirement throughout the duration of the boat rental.
9.3. Failure to comply with this regulation may result in a fine from law enforcement agencies. The Customer acknowledges that any fines or penalties incurred due to non-compliance with the lifejacket policy for children are solely the Customer’s responsibility, and the Company shall not be held liable for any such fines.
10. Provision of Lifejackets:
10.1. The Company may provide a properly fitted and Coast Guard-approved lifejacket for a child if the Customer does not have one available.
10.2. The availability of lifejackets for children may be limited and subject to availability on a first-come, first-served basis.
10.3. The Company makes reasonable efforts to ensure the cleanliness and safety of the provided lifejackets. However, the Customer acknowledges that the Company cannot guarantee the absence of allergens, skin irritants, or any adverse reactions that may arise from the use or wear off these safety equipment.
10.4. It is the responsibility of the accompanying adult(s) to assess and determine if the provided lifejacket is suitable for the child’s specific needs, including any potential allergies or sensitivities.
11. Lifejackets for Adults:
11.1. The Company ensures that lifejackets are readily available on each boat for every adult passenger onboard.
11.2. While it is not mandatory for adults to wear a lifejacket at all times, the Company encourages safety-conscious passengers to request and wear a lifejacket if they desire additional safety measures.
11.3. The Customer may request a lifejacket from the captain, and the captain will provide one accordingly, subject to availability on the boat.
12.1. The Customer agrees to indemnify and hold harmless the Company, its owners, employees, agents, and affiliates from any claims, liabilities, costs, or expenses arising from the Customer’s use of the rented boat or any breach of this Agreement.
13. Termination and Cancellation:
13.1. The Company reserves the right to terminate this Agreement and reclaim the boat if the Customer fails to comply with any of the terms and conditions stated herein.
13.2. The Customer may cancel their reservation subject to the Company’s cancellation policy, which may include cancellation fees or loss of deposit.
14. Governing Law and Jurisdiction:
14.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States.
14.2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida.
15. Weapons-Free Policy:
For the safety and comfort of all individuals present within our premises, the company strictly enforces a no guns or weapons policy. This policy extends to all employees, customers, visitors, and contractors.
Under no circumstances are firearms, knives, explosives, or any other kind of weapon allowed on our premises. This policy is in line with our commitment to providing a secure environment and minimizing potential risks.
We appreciate your cooperation in adhering to this policy and helping us maintain a safe and welcoming atmosphere for everyone.