Terms & Conditions - Miaboats.com

ONLINE BOOKINGS:

A person who was born on or after January 1st, 1988, must have completed a boater education course approved by the National Association of State Boating Law Administrators (NASBLA) or passed an approved equivalency exam to operate a vessel powered by a motor of 10 horsepower or greater (including PWCs). If you were born before Jan. 1, 1988, you just need a valid ID. You could complete your boater education course here:
Temporary course: https://www.boat-ed.com/floridarental/
Permanent Florida boating safety card (free course): http://www.boatus.org/florida/
Renter is responsible to prove that driver passed the test PRIOR to departure. Not having the boating safety completed will lead to cancelation with no refund.
Online discounts and promotional fares are not available for bookings made through telephone calls; All prices displayed are subject to change without notice before a booking is confirmed.
The person making the booking is classed as the “lead name” in any booking which includes more than one person. Where you are the lead name you guarantee to us that you have the authority to accept these Terms and Conditions for each person named in your booking after drowning these to their attention. You will be the primary contact with us and will accept any communications/correspondence from us on behalf of your entire party.
At the time of booking, you must provide us with your contact details; These details must include a mobile number so that we can contact you any time if needed. If you fail to meet this obligation and we cannot reach you, we will not be liable to you or anyone else in your booking for any loss or expense you and they incur because of a lack of information from us about any change, amendment, delay or cancellation.
Online bookings are valid only after payment is accepted and confirmation e-mail has been sent by us to you.
In order to proceed with your reservation, we will require a deposit of 500$ in hold by bank at the time of chosen date of your reservation.
After you have made your booking we will send you an e-mail confirming acceptance and it is at this time that a binding contract comes into existence between you and us . Please check your confirmation e-mail very carefully. If there are any discrepancies or it is not what you think you booked, please contact us via e-mail immediately and no later than within 48 hours of booking to discuss. MIABOATS, LLC. accepts no responsibility for non-receipt of emails. It is your responsibility to contact us if you do not receive an expected email regarding a booking confirmation.
Any bookings found not to comply with this requirement will be cancelled.
Driving boat overseas or outside of inland waters is strictly prohibited and dangerous. Boats have GPS locators so we know where you are at all times.

LEVEL OF COVER – COMPREHENSIVE WITH EXCESSES (500 USD): This covers damage caused by you to the boat by accident.
Although boats are insured, you (The Driver) are primarily response for any damage or loss to the boat and its equipment; in case of damage/loss you will have to pay the amount of excess in full or part of; this amount will vary depending on the type of damage/or loss. You (The Driver) will be held responsible for the actions of the other members of your party as well.

We also strongly recommend that you have adequate personal insurance cover for your holiday needs in case of injury.

ACCIDENTS:

You (The Driver) are responsible for the boat’s safe navigation and for the actions of each member of your party and you must take all reasonable care. No minor aged under 21 may control the boat.
In the event of damage to or breakdown of the boat rendering it inoperable, however caused, no responsibility can be accepted by MIABOATS, LLC. for loss of time and any other damages or expenses incurred as a result. MIABOATS, LLC. shall not be responsible for the consequence of any delay, restriction or cancellation of boat rentals arising from repairs or damage or other circumstances beyond its control.
In the case of any accident or damage to the boat: you must notify us immediately reporting full details and you should wait for our instructions; no action should be taken by your own initiative! We will take steps to repair the boat as quickly as practicable in the circumstances; where no possible MIABOATS, LLC. shall not be responsible for the consequences of delays or cancellation.
In the case of any accident or damage to any other craft or waterway property you must: record the details (name, model, registration number…) of any other boat involved with names, addresses of its owner and witnesses (where applicable); immediately report the fact to MIABOATS, LLC. with full details.
No repairs may be put in hand without MIABOATS, LLC. consent; you must wait our instructions.

CHILDREN:

Children are counted as adults on board.
The minimum age of children (3 years old) we recommend to be carried on board is 6 years, but this is subject to parents discretion. Children aged 6 years or under on board are requested to travel seated on the lap of an adult responsible for that children with lifejackets on at all times.
At the moment of booking we must be informed when children are going to be aboard: we require their age and weight in kilos in order to provide you the right size of lifejacket.
We recommend that children (6-14 years old) wear lifejackets when boat is moving.

BRING WITH YOU ON PICK UP DAY:

You are responsible for making sure you have all relevant documents with you. You must present all these below to us:

valid passport or ID and an up to date motor boat license (if applicable).
valid credit card ( we accept VISA, MASTERCARD, MAESTRO, VISA ELECTRON) in order to pay rental amount and the USD 500,00 for damage deposit; please be aware that debit cards are welcome, but usually there is a daily limitation on money withdrawal
operational mobile telephone fully charged is essential onboard; it will have to be always switched on to communicate in any case (any emergency)
confirmation e-mail of your booking we sent. If you do not appear to possess the correct documentation or do not meet all relevant requirements of these Terms and Conditions, you will not be allowed to travel.

BOAT HIRE TIMES AND PROCEDURE:

DAILY RENTAL: 1 full day rental is approx. 8 hours: latest return time in the evening is at 7:00 pm. Earliest pick up time is at 9:00 am. Daily rental times are based on our online booking calendar and winter or summer season as the days during summer are longer.
Non-arrival by 30 minutes on the scheduled boat rental day/time shall entitle MIABOATS, LLC. to treat the booking as cancelled with no refund.
Every boat is checked before the commencement of hire and In the event of mechanical failure, the right is reserved to delay or cancel departure until a repair is affected.
MIABOATS, LLC. will give you demonstration and explain the controls of boat and its equipments. A boat check will be done together. Unless otherwise stated you must return the boat with all its equipment to MIABOATS, LLC. in the same condition as given (clean and tidy) by the established return time. The boat will be inspected again and in case of damage or loss a charge will be made. The return of boat later than the estimate arrival time without any notification or in an unclean condition will incur an extra payment.

SECURITY DEPOSIT:

When making the contract with us, we ask you to pay by credit card a mandatory security deposit of 500 USD that will be held by MIABOATS, LLC. for the entire duration of rental period.
If the boat is returned on time, in same condition as given and without damage, loss of equipment or third party claim against you, the deposit will be released back to you. Where loss or damage has occurred, all of your security deposit may be withheld by MIABOATS LLC to cover the cost of loss. (Please be patient when receiving your deposit back to you, it takes time before the deposit is processed back to your account and the processing time depends on your banking institution)

FUEL:

In checkout there is a “boat preparation, instruction and gas fee” per each rent and the amount depends on your length of rental period, gas prices, your fuel consumption and many other factors.

Only UNLEADED Gas must be used for our boats. FUEL NOT INCLUDED. Gas Fee: $30 per quarter of a tank after rental.

GENERAL REGULATION:

It is mandatory to respect the maximum number of passengers permitted on board to comply with laws and regulations: the number of persons and weight indicated for each boat must not be exceeded.
Before getting on board it is a good idea to take off your shoes; we request that you use the boat with the utmost care and return it in the same condition in which you have been given; who brings food or drinks on board is strongly requested not to leave any trash.
The use of alcohol is strictly forbidden to the driver!
You can not take and use on board any gas appliances and portable heaters of any type.
You must navigate in accordance with current laws and must observe the speed limits.
If you arrive late, you will still have to return the boat at the same scheduled return time. Your return time will not be extended if you are late.
Not showing up after the scheduled time may lead to cancelation with no refund.
Please do not wear jeans and do not bring hard material coolers, hard objects, glass bottles or glass cups.
Dirty boat or stained seats can lead up to a $250 cleaning fee.
Fishing, towing, and pets are restricted.
Boat must stay within the bay area. Open ocean is restricted.
Late return of the boat, arriving after scheduled rental time without prior agreement, will lead to an extra late fee.
If you have technical or any difficulties during your rental period, you need to contact me immediately. Do not try to fix any issues on your own.
At the end of rental period it is your own responsibility to ensure that you collect all your items of personal belongings from the boat; We accept no responsibility for any items left aboard.
MIABOATS, LLC. is not responsible for sudden adverse weather condition; in case of bad weather or wind, depending on severity, planned hires may be delayed or cancelled (in this case they will be postponed to the first available date).
The right is reserved to restrict cruising if unusual or hazardous conditions prevail.
MIABOATS, LLC. may at its absolute discretion refuse to hand over a boat or terminate the boat rental period in advance where, in the opinion of MIABOATS, LLC. the driver is likely to cause damage, distress or fails to comply with company rules; in such event MIABOATS, LLC. will be under no obligation to refund any money.
Any of the paid rentals are non-refundable. (Only in special cases which are in consideration of MIABOATS LLC) * It is mandatory to respect maximum number of passengers and load capacity permitted on board to comply with laws and regulations: the number of persons indicated for each boat must not be exceeded.
The charterer must have the option of selecting and paying crew, although the owner may require general levels of proficiency for the crew that is retained based on federal statutes.
The charterer must have the option of selecting crew and can discharge the crew.
If, the Charterer discharges the crew, Charterer must call MIABOATS LLC to provide crew options and pay to the new selected crew.
The master/crew are paid by the charterer.
All food, fuel and stores are provided by the charterer.
Insurance is obtained by the charterer, at least to the extent of covering as carrying “passengers for hire” liability not included in the owner’s insurance.
The charterer is responsible for the safe navigation of the vessel.
The charterer is responsible for the safety of the crew and the passengers.
The charterer may NOT carry more than 8 passengers.
The charterer is not considered a passenger, and there can only be one charterer.
The charter is operated as a recreational vessel.
Smoking is not permitted on board.
There are no pets allowed on board of the vessel.
Children must be under the supervision of an adult in the charter party at all times.
Late arrival of charterer will not alter end time of this charter.
CHARTERER must be responsible for any damage to the vessel.
CHARTERER must sign a check list of the conditions of the vessel upon delivery and return.
MIABOATS LLC is not responsible for weather changes.
MIABOATS LLC is not responsible for weather catastrophes.
Extra time must be agreed in advance.
Charterer must pay the crew directly.
Charterer must leave a credit card as collateral.
MIABOATS LLC can charge the Charterer’s credit card, if there is any damage on the vessel.

PROHIBITED USES:

Customers may not use boats for any use not intended by manufacturer. In addition, customers shall not use the boat in any of the following manners:

In any type of race or competitive event
For any illegal purpose or in an illegal manner
To carry any type of hazardous or explosive substance
To push or tow any other watercraft or tubes, skis or other water toys
After dusk or during the night
Any passenger on the boat is not allowed to be under the influence of alcohol or drugs
To carry loads beyond stated capacity
In a reckless, abusive or negligent manner
If further use may cause damage to boat or motor (warning light or buzzer on)
In violation of the terms and conditions of this agreement in any way
Outside of approved use area

BAREBOAT CHARTER AGREEMENT

This bareboat charter is an agreement where the CHARTERER has use of the vessel for a period of time and is considered the owner. Charterer may take on legal obligations, to the owner, the crew, the owner’s representative, the vessel charted and the passengers carried.

BETWEEN

MIABOATS LLC
1680 Michigan Ave
Miami Beach, Florida US
33139
info@miaboats.com
as LESSOR
And undersigned he/she as a lessee

In consideration of the agreement herein, LESSOR does lease to the LESSEE the craft and equipment of the craft. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this agreement. In the event the craft is not returned at time specified in rental order, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED on the website www.miaboats.com, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD. THE LESSEE CERTIFIES THAT HE/SHE WILL EXAMINE THE CRAFT AND EQUIPMENT AND FIND IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) ON THIS PAGE. This is to certify that I (We), the LESSEE(s) am/are experienced and capable in all aspects of the handling and operation of a craft such as the one rented. I (WE) HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.

The LESSEE acknowledges he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.
Cash or electronic deposit shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as received; for reimbursement of articles damaged, missing or broken equipment; or to the rental charges upon return of the craft by LESSEE. The foregoing shall not limit LESSOR’S ability to seek its further damages at law or equity.
LESSEE agrees not to use, nor permit the use:

a. Of the rental craft for any unlawful purpose; b. Of the rental craft in careless or negligent manner c. Of the rental craft while under the influence of liquor and/or narcotics; d. Of the rental craft by any other person not the signatory of this Agreement, or not equally qualified.

LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this Agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the country and state of LESSOR. This Agreement shall be governed by the laws of the state of LESSOR.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE’S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.
LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.
LESSOR reserves the right to cancel this Agreement on impending bad weather. Rental fees will be prorated based on the time used.
The rules and regulations contained herein and posted in the office, on the craft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she read and understand said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules.
Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR, EXCEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED ON LESSOR’S WEBSITE WWW.MIABOATS.COM
LESSEE AGREES TO THIS TERMS AND CONDITIONS OF THE AGREEMENT AND ELECTRONICALLY SIGNS IT BY THE RENTING OF THE BOAT AND USING A CREDIT CARD. LESSEE COULD BE THE PERSON ALSO WHO IS USING A CREDIT CARD TO PAY FOR THIS RENTAL.