Legal
Terms and Conditions
Last updated: May 2026 · Elite Yacht Miami · eliteyachtmiami.com
Please read these Terms and Conditions carefully before booking a charter with Elite Yacht Miami. By making a reservation, submitting an inquiry, or boarding the vessel, you agree to be bound by the following terms. If you have any questions, contact Dave directly at dave@eliteyachtmiami.com or (305) 775-5350 before booking.
Section 01
Definitions
Throughout these Terms and Conditions, the following definitions apply:
- "Elite Yacht Miami," "we," "us," or "our" refers to Elite Yacht Miami, operated by Dave, located at Marina Slip D12, Miami, FL.
- "Client," "you," or "your" refers to the individual or entity making a charter reservation.
- "Charter" refers to the rental of the M/Y Carpe Diem or any other vessel arranged through Elite Yacht Miami for a specified duration.
- "Vessel" refers to the M/Y Carpe Diem (105ft Leopard) or any alternative vessel provided by Elite Yacht Miami.
- "Guests" refers to all persons aboard the vessel during the charter, including the Client.
Section 02
Reservations & Booking
All charters must be reserved in advance by contacting Elite Yacht Miami directly via phone, WhatsApp, email, or the website inquiry form. A reservation is not confirmed until a signed charter agreement and deposit have been received.
- A non-refundable deposit is required to secure your charter date. The deposit amount will be communicated at time of booking.
- The remaining balance is due no later than 48 hours prior to the charter departure date.
- Reservations made within 48 hours of departure require full payment at time of booking.
- Elite Yacht Miami reserves the right to decline any booking at its sole discretion.
Section 03
Cancellation & Refund Policy
Cancellations must be submitted in writing via email to dave@eliteyachtmiami.com. The following cancellation schedule applies:
- 30 or more days before departure: Full refund of payments made, excluding the non-refundable deposit.
- 15 to 29 days before departure: 50% refund of the total charter fee, excluding the deposit.
- 7 to 14 days before departure: 25% refund of the total charter fee, excluding the deposit.
- Less than 7 days before departure: No refund. The full charter fee is forfeited.
- No-shows: No refund will be issued for clients who fail to arrive at the departure location at the agreed time.
We strongly recommend purchasing travel insurance that includes charter cancellation coverage. Elite Yacht Miami is not responsible for losses due to weather, personal circumstances, or events beyond our control.
Section 04
Weather & Force Majeure
The safety of all guests and crew is our highest priority. Elite Yacht Miami and its captains reserve the right to cancel, delay, or modify any charter route at their sole discretion due to unsafe weather conditions, mechanical issues, or any other circumstances deemed unsafe.
- In the event of a weather cancellation initiated by Elite Yacht Miami, clients will receive a full credit toward a future charter or a full refund of all payments made.
- Elite Yacht Miami is not liable for losses, costs, or inconveniences arising from weather-related cancellations or route changes.
- Clients may not demand departure if the captain determines conditions are unsafe. The captain's decision is final.
Section 05
Guest Conduct & Responsibilities
All guests are expected to conduct themselves in a safe, respectful, and responsible manner at all times aboard the vessel. The Client is responsible for the conduct of all guests in their party.
- The captain has the authority to terminate any charter immediately and return to the dock without refund if guests engage in dangerous, abusive, or unlawful behavior.
- All guests must follow the captain's and crew's instructions at all times regarding safety.
- Guests who are visibly intoxicated prior to boarding may be denied access to the vessel without refund.
- Illegal substances are strictly prohibited aboard the vessel. Violation will result in immediate charter termination and may be reported to law enforcement.
- The Client is liable for any damage caused to the vessel or its equipment by guests in their party.
- All guests must be able to swim or wear a life jacket when on open deck areas, as required by the captain.
Minors under the age of 18 must be accompanied by a parent or legal guardian at all times. Elite Yacht Miami reserves the right to request proof of age. Alcohol will not be served to anyone under 21 years of age.
Section 06
Guest Capacity & Weight Limits
The vessel has a maximum guest capacity as permitted by the U.S. Coast Guard and specified in the charter agreement. Exceeding this limit is a federal violation and will not be permitted under any circumstances.
- The maximum guest capacity for day charters is 12 guests unless otherwise specified in the charter agreement.
- Elite Yacht Miami reserves the right to weigh or count guests before departure to ensure compliance with USCG regulations.
- Guests in excess of the permitted capacity will not be permitted aboard and no refund will be issued for excluded guests.
Section 07
Food, Beverages & Outside Vendors
Clients are welcome to bring their own food and non-alcoholic beverages aboard. Elite Yacht Miami can arrange catering, bar service, and private chef services upon request at an additional cost.
- Glass bottles are permitted on the vessel but must be handled responsibly. Elite Yacht Miami is not liable for injuries caused by broken glass.
- Outside alcohol may be brought aboard. However, Elite Yacht Miami and its crew are not responsible for the service or consumption of guest-supplied alcohol.
- Any outside vendors (photographers, caterers, DJs) must be approved by Elite Yacht Miami prior to the charter date. Unapproved vendors may be denied boarding.
- Clients are responsible for cleaning up food waste. Excessive mess may result in a cleaning fee of up to $500.
Section 08
Water Toys & Equipment
Use of water toys including jet skis, Sea-Bobs, paddle boards, and the water slide is subject to availability, weather conditions, and captain approval. Elite Yacht Miami reserves the right to restrict use of water toys at any time for safety reasons.
- All guests using water toys do so at their own risk.
- Guests must follow all safety instructions from the crew before using any water toy or equipment.
- Guests under 16 must have adult supervision when using water toys.
- Damage to water toys or equipment caused by guest misuse will be charged to the Client.
Section 09
Damage & Security Deposit
Elite Yacht Miami may require a security deposit to be held at the time of booking. This deposit will be returned within 5 business days after the charter, provided no damage has occurred.
- The Client is responsible for all damages to the vessel, equipment, or property caused by themselves or their guests.
- Damage costs exceeding the security deposit will be billed directly to the Client.
- Elite Yacht Miami reserves the right to document the vessel's condition before and after each charter.
Section 10
Liability & Waiver
Participation in all water activities and charter experiences involves inherent risks. By boarding the vessel, all guests acknowledge and accept these risks.
- Elite Yacht Miami, its captains, crew, and affiliates are not liable for personal injury, death, loss of personal property, or any other damages arising from participation in charter activities, except where caused by proven gross negligence.
- Elite Yacht Miami carries full liability insurance as required by U.S. law. Proof of insurance is available upon request.
- All guests may be required to sign a liability waiver before boarding. Refusal to sign will result in denial of boarding without refund.
- Elite Yacht Miami is not responsible for personal belongings left aboard the vessel after the charter concludes.
Section 11
Photography & Media
Elite Yacht Miami may take photographs or video footage during charters for marketing and promotional purposes. By participating in a charter, guests grant Elite Yacht Miami permission to use such media unless written notice is provided before departure.
- Guests wishing to opt out of being photographed must notify Elite Yacht Miami in writing prior to the charter date.
- Guests may photograph and record aboard the vessel for personal use. Commercial use of such footage requires written approval from Elite Yacht Miami.
Section 12
Privacy Policy
Elite Yacht Miami collects personal information (name, email, phone number) solely for the purpose of processing bookings and communicating with clients. We do not sell, rent, or share your personal information with third parties.
- Your contact information may be used to send booking confirmations, charter updates, and occasional promotional communications.
- You may opt out of marketing communications at any time by contacting us at dave@eliteyachtmiami.com.
- We take reasonable steps to protect your personal data in accordance with applicable U.S. privacy laws.
Section 13
Governing Law
These Terms and Conditions are governed by the laws of the State of Florida, United States of America. Any disputes arising from charter bookings or use of this website shall be subject to the exclusive jurisdiction of the courts of Miami-Dade County, Florida.
- These Terms and Conditions constitute the entire agreement between Elite Yacht Miami and the Client regarding the services described herein.
- Elite Yacht Miami reserves the right to update or modify these Terms and Conditions at any time. Changes take effect immediately upon posting to the website.
- If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Section 14
Modifications to Charter
Elite Yacht Miami reserves the right to substitute an equivalent or superior vessel if the M/Y Carpe Diem becomes unavailable due to mechanical issues, maintenance, or other unforeseen circumstances. In such cases, the Client will be notified as early as possible.
- If a suitable substitute vessel cannot be arranged, the Client will receive a full refund of all payments made.
- Route changes during the charter may be made at the captain's discretion for safety or operational reasons without affecting the charter fee.