Cancellation and Refund Policy

Serenity Yacht Miami INC Cancellation and Refund Policy

These terms and conditions govern the Serenity Yacht Miami INC Cancellation Policy (the “Cancellation Policy”) available to Charterers and Owners through the Services offered by Serenity Yacht Miami INC. Serenity Yacht Miami INC has a standardized cancellation policy for all boats on the platform that we will enforce to protect both Renter (“Charterer”) and Boat Owner. Each party has the ability to cancel at any time. The fee schedule will be determined when the cancellation occurs in relation to the reservation dates (“set sail date” or “departure date”). Please note that any weather related cancellations (i.e. named storms, thunderstorms, high winds, etc) are made at the sole discretion of the Captain or Owner. Weather conditions must be assessed the day of departure, and not based on a forecast.

The cancellation policy is as follows:

• The 10% booking fee is non-refundable immediately after payment is made–regardless of departure date.
• Free cancellations until 30 days before the departure date. The 10% booking fee is non-refundable.
• 50% refund of booking charges for cancellations between 14-30 days before the departure date. The 10% booking fee is non-refundable.
• Booking charges for cancellations within 14 days of the departure date are non-refundable. The 10% booking fee is non-refundable.

Note: all cancellations must be made in writing by emailing serenityyacht56@gmail.com

Provision Orders Serenity Yacht Miami INC offers provisioning services (food & beverage stocking/delivery) to Customers after they have reserved a boat and verified their account. Provision orders are required to be submitted at least 5 days (120 hours) prior to departure date & time. In any case where a Charter/Rental is canceled, the provisioning order is non-refundable. The Customer/Charterer/Renter is 100% responsible for picking up their provision order from the vessel pickup location and no refund will be issued. Please order provisions at your own risk.

Rescheduling Fees In the event that a reschedule is requested by the customer/Charterer, Serenity Yacht Miami INC will apply a standard rescheduling fee equal to the amount of the 10% booking fee for the original scheduled boat. If mechanical failure prior to departure, weather-related issues (determined only by the Captain), Captain no-show, or no access to the vessel, Serenity Yacht Miami INC may waive the rescheduling fee or provide a full refund. Each circumstance will be evaluated and resolved based on its own merit, as determined by Serenity Yacht Miami INC’s Customer Service Team.

Extenuating Circumstances If a cancellation is requested, Serenity Yacht Miami INC will consider exceptions provided certain extenuating circumstances are evident and/or proven by the customer. For the following extenuating circumstances, the Customer/Charterer/Renter will receive up to a voucher or refund and the Boat Owner may not receive payment. All occurrences will be evaluated based on their own merit and determined by Serenity Yacht Miami INC.

Either party is able to request a cancellation by sending an email to Charter@SerenityYachtMiami.com and provide documentation to support the cancellation. Some examples of acceptable extenuating circumstances are:

• A booking is within 100 miles of a named or numbered storm–determined on the day of departure.
• Safety-related cancellations stemming from the event of lightning, thunderstorms, heavy rain, or heavy wind within one (1) hour of scheduled departure. Only the Licensed Captain may cancel due to weather.
• Natural disaster.
• Political unrest.
• A mechanical issue with the Boat that causes your rental to end prematurely that is deemed to be the responsibility of the Owner. For such occurrences when the vessel is hired for multiple days a cancellation will be processed, pro rata, for the remainder of the rental if the condition is not fixed within 20% of the total remaining rental time, calculated from the first tender of notice to the Owner regarding the condition, which has made the vessel inoperable.
• Owner or Captain cancellation, Captain and/or Boat no-show, or no access to the boat. In this case, the Boat Owner may be subject to penalties.
• A problem arises during rental that causes the Renter to end the rental, and is determined to be due to negligence of the Boat Owner. In this case, the Boat Owner may be subject to penalties.
• If the description of the Boat in the listing on the Site is materially inaccurate with respect to: the size of the Boat (e.g., number and size of the seating capacity, make, or model), if another party, including the Owner, is using the Boat during the reservation, special features represented in the listing description are not provided or do not function, such as engines, water, lights, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, the physical location of the Boat (proximity)
• In some cases, Serenity Yacht Miami INC may need to cancel a trip after booking to protect our users against fraud or for trust and safety considerations. Serenity Yacht Miami INC will notify both owners and renters in such an event. When Serenity Yacht Miami INC must cancel a trip, renters will receive a full refund and owners are ineligible for any payouts or earnings.

Minimum Quality Standards & Owner Responsibilities If you are an Owner, you are responsible for ensuring that the Boats you list on the Platform meet minimum quality standards regarding access, adequacy of the description on the Services, safety, cleanliness, and do not present a Renter with travel issues. During the 24-hour period following the Renter’s check-in, Owners should be available, or make a third-party available, in order to try, in good faith, to resolve Renter issues.

Boat Owner Penalties Owners agree that Serenity Yacht Miami INC reserves the right to penalize Owners that cancel reservations or don’t meet minimum quality standards with the following penalties, without explicit or written consent:

• Black out the dates of canceled reservations.
• Apply fees equal to the Boat Rental Fee (owner net income) if there are more than one cancellation within a 6 month period.
• Lower the ranking of the boat listing in search results.
• Leave a review on the listing that the Owner canceled a rental.
• Charge fair cleaning fees and refueling fees when applicable without consent.
• Charge/apply cancellation and booking fees up to the amount of the canceled booking.

General Provisions No Assignment/No Insurance This Cancellation Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Renter, and the Renter has not paid any premium in respect of the Cancellation Policy. The benefits provided under this Cancellation Policy are not assignable or transferable.

Modification or Termination Serenity Yacht Miami INC reserves the right to modify or terminate this Cancellation Policy, at any time, in its sole discretion, and without prior notice. If Serenity Yacht Miami INC modifies this Cancellation Policy, we will post the modification on the Services or provide you with notice of the modification and Serenity Yacht Miami INC will continue to process all pending refunds/disputes made prior to the effective date of the modification.

Entire Agreement and Definitions This Cancellation Policy constitutes the entire and exclusive understanding and agreement between Serenity Yacht Miami INC and you regarding the Cancellation Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Serenity Yacht Miami INC and you regarding the Cancellation Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Serenity Yacht Miami INC Terms of Service.

Controlling Law This Cancellation Policy will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions.

Limitation of Liability IN NO EVENT WILL SERENITY YACHT MIAMI INC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERENITY YACHT MIAMI INC POLICY TERMS, EXCEED THE AMOUNT OF THE BOAT FEES COLLECTED BY SERENITY YACHT MIAMI INC FROM THE RENTER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A BOAT OR OTHERWISE USING THE SERVICES AS AN OWNER, RENTER, OR CAPTAIN / CREW MEMBER YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

Contacting Serenity Yacht Miami INC If you have any questions about the Cancellation Policy, please contact Serenity Yacht Miami INC via email at serenityyacht56@gmail.com.