Terms of Service
Draft · last updated June 10, 2026
1. Agreement
These Terms of Service (“Terms”) are a contract between you and BoatDay, Inc. (“BoatDay”, “we”, “us”) governing your use of the BoatDay website, mobile apps, and related services (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. What BoatDay is (and isn’t)
BoatDay is a marketplace that connects people who want time on the water with people and businesses who provide it: peer-to-peer boat rentals from individual hosts, and captained charters and experiences from professional operators. BoatDay is not a party to the rental, charter, or experience itself. Hosts and operators are independent of BoatDay; they are not our employees, agents, or partners. We do not own, inspect, captain, or insure listed boats except where expressly stated.
3. Eligibility and accounts
- You must be at least 18 years old to create an account.
- You agree to provide accurate information and keep your account credentials secure. You are responsible for activity under your account.
- Identity verification is required for certain actions (booking, hosting, operating). We use a third-party verification provider; see the Privacy Policy for details.
- Renting certain boats requires a valid boating license or safety certificate where law requires one. You are responsible for being legally qualified to operate any boat you rent.
4. Bookings, payments, and fees
- Payments are processed by Stripe. BoatDay does not store full card numbers.
- Prices, deposits, taxes, and fees are shown before you confirm a booking. Charters may collect a deposit at booking and the balance closer to the trip date, as disclosed at checkout.
- Hosts and operators receive payouts through Stripe Connect, minus BoatDay’s service fee of [FEE SCHEDULE PLACEHOLDER].
4a. Group payments (“Split with friends”)
When you split a booking, you are the organizer. You pay your own share to secure the reservation and you guarantee the rest. [COUNSEL TO CONFIRM — the operative terms below are product behaviour as built; final language and any required consumer-credit disclosures are outstanding.]
- Your share is charged when you book. The booking is confirmed on your payment alone — the people you invite are not required for the reservation to hold.
- You guarantee the balance. If any invited share is still unpaid after the payment deadline you selected, you authorise BoatDay to charge the remaining balance to the payment method saved on the booking, up to the group total shown to you at checkout. That ceiling is fixed when you acknowledge it and does not rise unless you acknowledge a new one.
- Everyone pays their own way. Each participant’s share is a separate charge on their own payment method. Refunds return to the card that paid, at the same rate, under the listing’s cancellation policy — there is no pooled balance.
- The refundable security authorisation is never split. It stays on the organizer’s payment method only.
- Pay links are personal. A link sent to a participant is theirs; open links can be claimed by anyone who has them, up to the number of open spots you left. Links stop working when the share is paid, declined, removed, or the booking ends.
- If the guarantee cannot be collected, the booking is not cancelled automatically — BoatDay will contact you to settle the balance. Participants who already paid are unaffected.
- Changes. Bookings with a group payment cannot be date-changed while collection is in progress. You can cover unpaid shares yourself, or switch back to paying in full, at any time before the trip.
5. Cancellations, changes, and refunds
Each listing displays its cancellation policy before you book. Date-change proposals and cancellations are handled in-product; refund amounts follow the policy attached to the booking at the time it was made. Weather-related and safety-related cancellation rules, where offered, are stated on the listing. [CANCELLATION POLICY MATRIX PLACEHOLDER — counsel to confirm consumer-law compliance per region.]
6. Conduct on the water
- You agree to follow applicable boating laws, capacity limits, required safety equipment rules, and the host’s or operator’s rules for the boat.
- Operators may require signed waivers and passenger manifests for charters. U.S. Coast Guard regulations (46 CFR § 26.03) require us and operators to retain certain manifest records for 7 years.
- Boating under the influence, overloading, or reckless operation is grounds for immediate cancellation without refund and account removal.
7. Damage, security deposits, and claims
Hosts may file damage claims after a rental; renters can respond with evidence in-product. BoatDay may facilitate resolution between the parties but does not adjudicate legal liability. [SECURITY DEPOSIT AND CLAIMS ESCALATION PLACEHOLDER.]
8. Content and conduct on the platform
- You retain rights to content you post (photos, reviews, messages) and grant BoatDay a license to host and display it as needed to run the Service.
- Reviews must reflect genuine experiences. We may remove content that is fraudulent, harassing, or violates these Terms.
- You can report users or messages and block other users in-product. Our trust & safety team reviews reports and may restrict accounts.
9. Termination
You may delete your account at any time from Settings. We may suspend or terminate accounts that violate these Terms or create risk for other users. Booking and transaction records are retained for 7 years after account deletion for legal, tax, and safety-compliance reasons.
10. Disclaimers
The Service is provided “as is.” Boating involves inherent risk. To the maximum extent permitted by law, BoatDay disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement, and makes no warranty about the condition, legality, or safety of any listed boat or the conduct of any user.
11. Limitation of liability
To the maximum extent permitted by law, BoatDay’s aggregate liability arising out of the Service is limited to the greater of (a) amounts you paid to BoatDay in the 12 months before the claim or (b) $100. BoatDay is not liable for indirect, incidental, special, consequential, or punitive damages. [COUNSEL: confirm enforceability per region; some jurisdictions do not allow these limits.]
12. Indemnity
You agree to indemnify BoatDay against claims arising from your use of the Service, your violation of these Terms, or your violation of law or third-party rights, except to the extent caused by BoatDay’s own negligence or misconduct.
13. Disputes
[DISPUTE RESOLUTION PLACEHOLDER — counsel to choose: governing law (BoatDay is based in Marina del Rey, California), venue, arbitration vs. courts, class-action waiver, and any small-claims carve-out.]
14. Changes to these Terms
We may update these Terms. For material changes we will give notice in-product or by email before the new Terms take effect. Continuing to use the Service after the effective date constitutes acceptance.
15. Contact
Questions about these Terms: hello@boatday.com.