Feeling Yachty — Marketplace Buyer Terms 

Binding Acceptance by Purchase. By purchasing through our checkout, you agree to these Marketplace Buyer Terms, including the rain-or-shine operations policy and no-refund terms described herein. If you do not agree, do not proceed with purchase.


1) Who We Are — Platform & Concierge 

Feeling Yachty (a company incorporated in the Republic of Panama (the country of Panama)) (“Feeling Yachty”) operates an online marketplace and concierge service where independent yacht owners and licensed dealers list vessels and on-water experiences. Feeling Yachty does not act as a broker, agent, or seller; does not take title to vessels; and provides coordination, scheduling, and platform services only. Any brokerage, if applicable, is performed solely by the listing owner or their licensed representative.

  • Payment Processor. All payments for vessel hire made via the platform are processed by Miami Yacht Nautical Charters LLC (the “Payment Processor”). The Payment Processor is not the seller of record and does not operate or control vessels.

  • Data Processing. Certain data storage and processing services are provided by Cyber Locker Switzerland S.A.

  • No Advice. Communications and concierge coordination are informational only and do not constitute legal, tax, insurance, engineering, or seamanship advice.


2) Parties, Eligibility & Identification

  • Seller/Owner: The independent yacht owner or licensed dealer listing the vessel/experience.

  • Buyer/Guest/Charterer (“you”). You must be 18+ (or age of majority where higher), legally capable of entering contracts, and may be required to present a valid government ID at check-in.

  • No Privity with Feeling Yachty. Feeling Yachty is not a party to your purchase agreement with the Seller/Owner and makes no warranties regarding any vessel, equipment, or crew.

Representations. You warrant that all information you provide (names, headcount—including children, contact info, payment details) is accurate and complete. You purchase on behalf of your group only and will not misrepresent your purpose or resell seats.


3) Rain-or-Shine & Marine Weather (Miami Area)

  • Experiences are rain-or-shine and proceed in light/moderate rain, seasonal showers, heat/humidity, sea breeze, wind chop, and other typical South Florida marine conditions.

  • Safety Exception Only. If the U.S. Coast Guard, PortMiami/Harbor Master, or a competent governmental authority issues an order/closure/advisory that reasonably prohibits departure (e.g., COTP order, small craft closure), your trip will be rescheduled or credited at our discretion. No refunds.

  • Not Grounds for Cancellation. Isolated showers, gray skies, sargassum, swell, warm temperatures/heat index, or personal weather preferences are not grounds for cancellation, refund, or chargeback.


4) No-Refund Policy (All Sales Final)

All purchases are final. No refunds for buyer cancellations, late arrival, early departure, no-shows, seasickness, dissatisfaction with route/music/crew, or changes of plan. This is a rain-or-shine purchase; see Section 3 for the limited safety exception.


5) Rescheduling (If Offered by Owner)

If the listing offers rescheduling, requests must be made [72 hours] before your scheduled start and are subject to owner availability, marina/port constraints, and any applicable change fees. Otherwise, Section 4 controls. Rescheduling windows vary per vessel and are never guaranteed.


6) Start Time, Punctuality, Boarding & Overtime

  • Clock Starts at Scheduled Time. Charter time begins at the scheduled start on your confirmation—not upon your arrival. Late arrival does not delay the end time. No refunds/credits for late arrival or boarding delays.

  • Required Arrival Buffer. Arrive 20–30 minutes early for parking, security, and check-in. Provide accurate guest count and arrive together where possible.

  • Back-to-Back Charters. Many vessels have other charters after yours. We cannot extend the end time unless the captain/owner expressly agrees and marina rules permit it.

  • Overtime (If Approved). Available only if no subsequent charter is scheduled and permitted by marina/port rules. Rate/terms will be agreed on-site with the captain/owner at the time of extension and may include fuel, crew overtime, and marina late-return fees. Overtime may be limited or unavailable due to schedules, tides, weather, or law.

  • No-Show. Failure to board within [60] minutes of the scheduled time may be treated as a no-show (Section 4: no refunds).


7) Bareboat (Demise) Charter — Key Terms

Many listings operate as bareboat (demise) charters under U.S. maritime rules. The summary below is informational and not legal advice.

  • Possession & Control. As the Charterer, you take temporary possession and control of the vessel during the charter and are responsible for operation, subject to law and the captain’s safety authority.

  • Captain & Crew Selection. Feeling Yachty provides options for qualified captains/crew. You select the captain/crew (subject to owner approval) and pay them directly, in person (separate from the vessel hire). The owner/Feeling Yachty do not employ the captain/crew for bareboat trips.

  • Separate Payments.
    (i) Vessel hire is paid via the platform to the listing owner/agent through Miami Yacht Nautical Charters LLC (Payment Processor).
    (ii) Captain/crew compensation, and typically fuel, provisions, and gratuity, are paid directly by you to the captain/crew at boarding or as instructed.

  • Passenger Limits. Without a valid USCG Certificate of Inspection (COI), bareboat charter vessels may carry no more than 12 passengers. Children count toward capacity.

  • No Per-Seat Sales. The charter is for one group under a single booking; you may not sell individual seats/tickets (“passengers for hire”).

  • Captain Authority. The captain has ultimate authority for safe navigation, and may limit speed/route/anchoring/swimming or terminate early for safety/law-enforcement reasons. See Sections 3–4 (rain-or-shine; no refunds).

  • Compliance. You must comply with USCG, state, and local rules (PFDs, capacity, alcohol/drugs, protected areas, no-discharge, noise, rafting, speed/wake zones) and all marina/port instructions. Illegal charters are prohibited.

  • Security Deposit & Damage. You are responsible for damages, losses, or extraordinary cleaning attributable to your group. A security deposit may be required and applied to such costs.

  • Failure to Arrange Crew. If you fail to select and pay qualified crew where required, the vessel will not depart and your booking may be forfeited without refund under Section 4.


8) Safety, Health & Conduct

  • Marine Risks. You acknowledge inherent boating risks (motion, wakes, spray, slips/falls, heat/sun exposure, dehydration, marine life, and seasickness). Seasickness is not grounds for refund.

  • Fitness. You are responsible for your fitness to participate and for bringing any personal medications or protective items (e.g., seasickness remedies, sunscreen, hat).

  • Prohibited Items/Conduct. No illegal drugs, contraband, fireworks, weapons, glass on deck (unless permitted by captain), or commercial filming without permission. The captain may refuse boarding or terminate for intoxication/unsafe behavior—no refund.

  • Minors & Pets. Adults are responsible for minors; minors must follow lifejacket rules. Pets only if explicitly permitted by the listing/captain; extra cleaning/damage fees may apply.


9) Charges, Fees, Taxes & Chargebacks

You authorize charges for the full balance, applicable taxes, marina/port/fuel fees, gratuities if selected, incidentals/damages, security deposits, and any approved overtime/late-return fees. You agree not to file chargebacks for issues covered by this no-refund policy; disputes must follow Section 13. If a chargeback is initiated and reversed, you are liable for third-party processing fees and administrative costs.


10) Listing Accuracy, Substitution & Maintenance

Specs, photos, décor, and features are provided by owners and may vary slightly day-of due to maintenance or safety. Owners may substitute a comparable vessel to complete the experience. Mechanical delays/crew illness may necessitate rescheduling/credit per Section 3. No refunds.


11) Insurance, Documents & Identification

  • Owner/Operator Insurance. Vessel insurance is the responsibility of the owner/operator; you may request proof directly from the owner or captain.

  • Your Responsibility. You are responsible for any optional travel/medical insurance.

  • IDs & Waivers. Government ID and signed waivers may be required for boarding.


12) Privacy, Communications & Records

  • You consent to receive transactional emails/SMS for confirmations, coordination, reminders, and follow-ups.

  • We may maintain acceptance logs (timestamp, IP, user agent, version of terms). Electronic records/consents are valid as originals.


13) Dispute Resolution; Venue; Governing Law (Panama)

Informal Resolution First. Before filing any claim, email [email protected] and allow 30 days for a response.

Binding Arbitration (Panama Only). Except for small-claims matters and claims for injunctive relief, any dispute arising out of or relating to these Terms or the platform/concierge services shall be resolved by binding, individual arbitration administered by the Centro de Conciliación y Arbitraje de la Cámara de Comercio, Industrias y Agricultura de Panamá (CCIAP). The seat and venue of arbitration is Panama City, Republic of Panama. Remote/video hearings may be permitted. The arbitrator has exclusive authority to resolve arbitrability (delegation clause). No class, collective, or representative actions; the arbitrator may award relief only to the individual party.

Governing Law. These Terms are governed exclusively by the laws of the Republic of Panama, excluding conflicts-of-law rules. This does not waive any non-waivable consumer protections of your residence.

Court Venue (Injunctions/Award Enforcement). For court-eligible matters (e.g., injunctions to protect platform integrity or to enforce an arbitral award), the exclusive venue is the courts of Panama City, Republic of Panama, and you consent to personal jurisdiction there.

Fees & Prevailing Party. Each party bears its own attorneys’ fees and costs, except the arbitrator may award them where a claim is found frivolous or brought in bad faith.

Time Limit to Bring Claims. Any claim must be filed within six (6) months after accrual, or it is permanently barred.

Chargebacks. You agree not to initiate chargebacks for issues covered by the no-refund policy. If a chargeback is initiated and reversed, you are liable for associated third-party fees and liquidated damages of USD $250 for administrative handling.

Waiver of Jury Trial. To the extent any dispute is heard in court rather than arbitration, you waive any right to a jury trial.

Language. English controls. Any translation (e.g., Spanish) is provided solely for convenience; in case of conflict, the English version governs.


14) Liability Limit (Maximum Allowed by Law)

Feeling Yachty’s total liability related to the platform/concierge is limited to the lesser of (a) USD $500 or (b) the platform fees retained by Feeling Yachty for your booking. Feeling Yachty is not liable for indirect, incidental, special, punitive, or consequential damages; loss of profits; business interruption; data loss; or loss of goodwill.


15) Indemnification

You agree to defend, indemnify, and hold harmless Feeling Yachty, its affiliates, and their officers, directors, employees, and agents from and against claims, liabilities, damages, penalties, fines, losses, and expenses (including reasonable attorneys’ fees) arising from: (i) your breach of these Terms; (ii) your violation of law or third-party rights; (iii) your acts/omissions onboard, at dock/marina, or during transport; or (iv) content, representations, or instructions you provide.


16) Company Information & Disclosures

  • Incorporation. Feeling Yachty is incorporated in the Republic of Panama (the country of Panama).

  • Data Processing. Data storage and processing services used by the platform are provided by Cyber Locker Switzerland S.A.

  • Payment Processing. Payment processing is provided by Miami Yacht Nautical Charters LLC.

  • Role Restated. Feeling Yachty is a marketplace and concierge and does not act as a broker/agent/seller and does not take title to vessels.


17) Housekeeping & Boilerplate

  • Force Majeure. Neither Feeling Yachty nor the owner is liable for delays/cancellations due to events beyond reasonable control (e.g., severe weather, port closures, authority orders, strikes, shortages, mechanical failure despite reasonable maintenance, epidemics, acts of God). Remedy is reschedule/credit where feasible; no refunds.

  • Substitution & Modifications. Comparable vessel substitutions or reasonable itinerary changes may occur for safety, maintenance, or legal compliance.

  • Severability. If any provision is held invalid/unenforceable, the remainder remains in force.

  • No Waiver. Failure to enforce any provision is not a waiver.

  • Assignment. You may not assign without prior written consent. Feeling Yachty may assign to an affiliate or in connection with a merger, acquisition, or asset transfer.

  • Headings. Headings are for convenience only.

  • Entire Agreement. These Terms, the listing details, and any accepted addenda constitute the entire agreement regarding platform/concierge aspects.

  • Updates. We may update these Terms periodically. The effective date and version will be posted; continued use/booking after updates constitutes acceptance.