**Same Credit Card used to book online & ID must be presented for verification at time of the rental**

Billing Information and Cancellation Policy

– The same credit card used to book online and a valid ID must be presented for verification upon check-in.

– Cancellation policy:

    – 100% of the deposit refunded 7 or more days prior to tour date.

    – 75% of deposit refunded 5 days prior to tour date.

    – 50% of deposit refunded at least 72 hours before the tour.

    – 25% of deposit refunded at least 48 hours before the tour.

    – No refund if cancelled within 24 hours of the tour.

Cancellation of a reservation must be done in writing at Miamiwateradventures@outlook.com and we must confirm back in writing. Cancellation received within 48 hours will be given full credit in the form of a same value certificate towards a future tour for use within 18 months of original reservation. We will make our best effort to sell your charter/tour and give you a full refund, however this is not always possible at the last minute.

Additional Charges and Deposit:  Credit card used for online booking will be kept on file and used toward damages, or extra time used by customers.

Group security deposit: In the event of a group Jet Ski rental a group security deposit(s), cash or credit card, from all persons in the group will be held collectively in the event of any damages and/or incidents. By signing this contract is an agreement that the whole group is taking responsibility for any damages done to any gear, jet ski or boat during the rental time period and will surrender all deposits as a group to fix the damages and repairs.

Responsibility for Damages: Regardless of fault, renter is responsible for loss or damage to the rental equipment up to the replacement value of the rental equipment.

Late Arrivals Policy: No make-up time or partial refund on late arrivals. Our captain will be ready for pick-up 30 minutes prior to your scheduled trip so plan accordingly.

No Show Policy: No refund, No rescheduling for no show. Please call us if you are running late. if we don’t hear from you within 30 minutes of your scheduled time we consider you a no show.

Captain’s Gratuity: Gratuity is NOT included. It is customary and suggested in the service industry to tip (15%,18% or 20%) to your captain, tour guide, or water sports instructor.

Disputes/No Shows

If you have a dispute, then the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Miami Dade County, Florida.

I understand that I cannot dispute this transaction if I am a NO SHOW.

I understand that MTWA will reserve the vessel/Tour/Jetski/Watersport I requested from their inventory, further I understand that MTWA’s fleet will be adjusted / limited to fulfill my request, Therefore, I am responsible for the FULL LOST of revenue if I am a NO SHOW.

Further I understand and agree with that by reserving the vessel/Tour/Jetski/WaterSport  I requested I am receiving the service/goods I paid for online even if I don’t use it for whatever reason.

I agree with the terms above.

What to Bring

Private Tours/Charter guests are allowed to bring alcohol.

Passengers must present valid government issued identification and be at least 21 or older to consume alcohol.

You may bring your own food or drinks if desired. We provide coolers with ice and bottled water complimentary.

We do not recommend bringing infants under 12 months on these trips.

Please bring a towel – and a smile!!

Cash only accepted on board, no credit cards.

Weather Policy
Weather Cancellations: ONLY we determine weather cancellation. If weather forces cancellation before the trip departure, we will make every effort to reschedule, if the customer cannot reschedule, you will receive a full refund. Weather interruptions AFTER tour departures will be compensated in the form of a voucher good for 18 months from tour date.

Each vessel is U.S. Coast Guard inspected and provides a safe stable ride with the U.S. Coast Guard licensed captain and crew onboard. Vessels are equipped with shade canopies or enclosed lounging areas so you’re assured of comfort – rain or shine. Due to the rapid changes in weather here in Florida, forecasts are not always reliable, we very seldom have rain that will last all day, therefore tour cancellations are not based solely on weather forecasts. The captain will usually not cancel a cruise until very close to the time of the tour, or may choose to delay departure. Thunderstorms, heavy or steady rain, extreme cold, and/or steady winds in excess of 25 mph may cause a tour to be canceled. Please feel free to call us if you have any concerns. We will contact you if the tour is cancelled.

In the event that weather conditions are making the ocean too rough, we have an alternate swim stop inside of the Intracoastal Waterway. This is a safe area with calm water where we can anchor and enjoy swimming. Snorkeling is “Weather Conditions Permitting" The safety and comfort of our guests is always our priority.

As per US Coast Guard Department of Homeland Security 33CFR 104.25:
Boarding the vessel is deemed valid consent to screening or inspection of persons, personal effects and any carry on items. Failure to consent or submit to screening or inspection will result in denial or revocation of authorization to board and no refund will be given.

For safety reasons, children ages 12 and under must wear a life jacket during the sailing portion of the trip while on the upper decks of the vessel.

Children under 30lbs must bring a life jacket with them (these are inexpensive and available at stores such as Target, Walmart, West Marine…) We do not recommend bringing infants under 12 months on these trips.

Weather Refund/Rescheduling Policy
In the event that MTWA cancels the event, ticket-holders will be allowed to reschedule tickets (subject to availability) or receive credit for a future event or a full refund. Refunds are processed minus credit card transaction fees on the next business day after the tour date.

WAIVERS
We[“Agent”] may at our sole discretion offer you one of the following Waivers.

Bareboat Charter Agreement
Personal Water Craft Waiver
Water Sports Activities Waiver
All Tours & Rentals Waivers

Miami Tours and Water Adventure member agrees in executing this online form as your waiver and that all center of limitations and additional conditions apply to each and every rental, water sport activity and tours, and that each use of Miami Tours And Water Adventures services indicates full acceptance of the terms and conditions herein, in addition of those terms and condition stipulated within the Boat Rental Agreement, Water sport waiver with my online signature, I acknowledge and accept all the terms and conditions including but not limited to the conditions of the Boat Rental Agreement /Water Sport Waivers /Miami Tours And Water Adventures services.

[[Full Name]]acknowledge that my credit card will be held, and I authorize Miami Tours And Water Adventures and/or its affiliates, agents to bill my credit card on file for any damages or incidental service fee amounts that I incur which are not paid prior or at the conclusion of my vessel, watercraft charter, tour or water sport lesson/activity.

PERSONAL WATER SPORTS, WATERCRAFT RENTAL OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. PLEASE READ AND BE CERTAIN YOU UNDERSTAND THE IMPLICATIONS OF SIGNING. EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH USE OF PERSONAL WATERCRAFT and RELATED WATER SPORT ACTIVITIES

1. I the renter do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with motorized (e.g. Vessel) or non-motorized (e.g. tubes, wakeboards, snorkeling, wakeboarding, paddleboarding, kayaking, jetskiing, flyboard, water skiing, wakesurfing, and all Miami Tours and Water Adventures rentals, tours, and services) and related water sport activities to which I am about to engage, including but not limited:

A . ACKNOWLDGEMENT OF RISK: Acknowledge that some but not all risks of participating in water sport activity includes:

1. Changing water flow, tides, currents, wave action and ship’s wakes.
2. Collision with any of the following: other participants, the watercraft, other watercraft and manmade or natural objects, shuttle boats
3. Wind shear, inclement weather, lighting, variance and extremes of wind, weather and temperature.
4. Changes in my sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions
5. Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to elements, hypothermia and/or drowning, impact of the body upon water, injection of water into my body orifices and/or drowning.
6. Presence of insects and marine life forms.
7. Equipment failure or operator error.
8. Heat or sun related injuries, illness including sunburn, sunstroke or dehydration.
9. Fatigue, chill and/or dizziness that may diminish my/our reaction time and increase the risk of accident. I specifically acknowledge that I have read, understand and agree to abide by the Personal Watercraft Operational instructions at all times and that I have been trained in the use of watersport equipment to my complete satisfaction and I am physically/mentally able to participate in the water sport activities to which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/ or regulation or policy that may impact its enforceability.

Release of Liability, Waiver of Claims and Indemnity Agreement

In considerations of being allowed to participate in the above-described activities, as well as the use of any of the facilities and the use of the equipment of the listed releases, I hereby agree as follows:

1. 1) To waive and release any and all claims based upon negligence, active or passive, with the exception of international, wanton or willful misconduct that I may have in the future against all of the following named persons or entities herein referred to as releases.
2. 2) To release Miami Tours And Water Adventures, their officers, directors, employees, representatives, agents and volunteers and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above whether caused by active or passive negligence of the releases or otherwise, with the exception of gross negligence. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities
3. 3) By entering into this agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.

[[initial]] hereby declare that I am of legal age and am competent to sign this agreement or, if not that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this agreement.

[[initial]] have read this agreement, understanding it, and I agree to be bound by it.

DECLARATION OF FITNESS TO OPERATE PERSONAL WATERCRAFT AND ENGAGE IN WATER SPORT ACTIVITIES.

I hereby declare that I am physically fit. I do not, and have not suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of rental personal watercraft. Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.

[[initial]] hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.

Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in the activity and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.

[[initial]] further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of the tour and/or Personal Watercraft Rental, I will notify the Rental Operation Manager immediately and before leaving premises.

[[initial]] The ONLINE CUSTOMER, RENTER, PARTICIPANT, CHARTERER recognize MIAMI TOURS AND WATER ADVENTURES  as the Broker in connection with this Agreement. The parties understand and agree that the function of Miami Tours and Water Adventures is solely that of arranging the charter/Tour/Water Sport activity and that Miami Tours And Water Adventures is not responsible for the CHARTERER’s, AFFILIATES, OWNER’s or crew’s actions at any time, nor will Miami Tours And Water Adventures be liable for the satisfaction of the CHARTERER, TOUR, WATER SPORT RENTAL/ACTIVITY or any actions or events outside Miami Tours And Water Adventures direct control. It is further understood that once this Agreement has been signed ACCEPTED BY CLICKING ONLINE FORM and the reservation has been confirmed, Miami Tours And Water Adventures shall have no further obligation or responsibility in connection herewith to either party, nor will Miami Tours And Water Adventures be liable to be sued on the contract, nor be liable for any matters which occur during the tour, charter, or water sport rental/activity. The parties agree to indemnify, hold harmless and defend Miami Tours And Water Adventures from any and all claims by either of them, their guests, invitees, employees, agents and third parties, for any liabilities for loss, damage, personal injury, death or any claims whatsoever. Miami Tours and Water Adventures shall not be responsible or liable in any way for any claim, loss, death, injury, or damage to persons or property suffered or incurred by any person in connection with this charter, water sport activities, tour, or any portion of it.

[[initial]]HAVE READ THE ABOVE DECLARATIONS, UNDERSTAND THEM AND I AGREE TO BE BOUND BY THEM.