Terms & Conditions
Definition of Terms & Conditions
A Terms & Conditions Agreement includes the terms, the rules, and the guidelines of acceptable behavior, to which You must agree to use or access a website and its services. Terms & Conditions is not the same as a Privacy Policy. A Privacy Policy is used if You collect personal data that can identify an individual. Please click on Our Privacy Policy link at the bottom of the website to read more.
What You Are Agreeing To
destinvacationboatrentals.com; BlueSky Enterprise Group LLC, DBA Destin Vacation Boat Rentals (“Us, Our, We”) is comprised of various web pages owned and operated by destinvacationboatrentals.com (the “Site”). Please read Our Privacy Policy (“Privacy Policy”) carefully before using Our Site. By accessing or using Our Site, You (“You, Your”) also agree to Our Privacy Policy. This page informs You of Our Terms & Conditions established to use Our Site. The Terms & Conditions applies to Our Site and all products and services offered by Us. Your use of destinvacationboatrentals.com constitutes Your agreement to all such Terms.
Who Can Use Our Site
You must be at least 18 years old to use Our Site. You must have the capacity to enter into a legally binding contract, including sound mind and competence. destinvacationboatrentals.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
The website: destinvacationboatrentals.com
destinvacationboatrentals.com is an online marketplace Site. destinvacationboatrentals.com is a third-party online booking agency that facilitates reservations or bookings on behalf of customers for watercraft rentals, charters, tours, & services. destinvacationboatrentals.com operates independently from the businesses they book for. destinvacationboatrentals.com provides a convenient way for customers to compare options and make reservations without directly dealing with the businesses themselves. The Site is an online marketplace allowing Owners (“Owners, Their, They”) of boat rental companies, charter & tour companies, and other watersports service companies to advertise on the Site. We act as an intermediary and offer online booking services to allow You to communicate with the Owners and enter into Rental Agreements, (“Rental Agreement”) waivers, money transfer, and transactions directly with Owners. We do not own or manage, nor can We contract for, any watercraft rental, charter, tour or service listed on the Site.
Online Platform to Advertise Watercraft Rentals
destinvacationboatrentals.com is an online platform for Owners to list Their watercraft rentals, charters, tours, and services. We are strictly a listing website. We are not Owners - We do not own any of the watercraft rentals, charters, tours, or services on Our Site. We are not a watercraft management company - We do not manage any of the watercraft on Our Site. We are strictly an online advertisement platform, advertising and facilitating the booking of watercraft rentals, charters, tours, and services.
Parties To Rental Agreements
We are not a party to the Rental, Charter, or Service Agreement. Even if You use Our online booking feature, this only facilitates the booking, it does not make Us a party to the Rental, Charter or Service Agreement. The Rental, Charter or Service Agreement is entered into between the Owner and You. You will receive Your booking confirmation directly from the Owner. Each Owner has its own policies and liability waivers. The minimum age to rent/book a reservation is 18, however, Owners of certain rentals or services require a higher minimum age. The booking name must match the credit card.
No Liability From Us
Agreements are entered into between an Owner and You. Agreements entered into between an Owner and You are Your responsibility. We have no involvement in the communication, agreements, or transactions between an Owner and You. Owners’ Responsibility: All content provided about Their boat rentals, boat charters, tours, services, description of boats, accuracy of boats, photos provided of boats, implementation of security and safety features of the boats, quality and condition of the boats, the truth and accuracy about Their boats, and compliance with all rules, regulations, and laws applicable to Their rental property is the Owners’ responsibility.
Your Responsibility: Research the types of boats, tours and services available. Check the local laws. Inspect the boat prior to renting it. Ensure You understand the Rental Agreement. Check the cancellation policies. Consider insurance. Prepare for the weather.
Cancellation Policy
Cancellation policies vary by Owner and activity. Make sure You read the full cancellation policy at checkout for the applicable watercraft rental, charter, tour, or service before booking.
Travel Warnings About Weather and Hurricanes
We would like to caution You to please be aware that the Gulf Coast produces hurricanes and dangerous weather. Please research the destination before booking to ensure that Your experience is a pleasant one and be mindful of weather conditions at all times.
Ownership Of Site Content, Work Product, And Intellectual Property Rights
Us and the licensors own the content of Our Site, work product, and intellectual property rights, and are thus protected by copyright laws. You agree that all work product developed by Our Site is owned by Us and its licensors. You shall retain no ownership, interest, or rights therein. Site content includes descriptions and photos provided by Owners about Their rental, charter, tour, or service listings. You shall not copy or plagiarize any of the descriptions or photos from a listing.
Using Web Browser Cookies
We may use "cookies" to collect information. For instance, cookies can be used to remember and process the items in Your shopping cart. They can also be used to help Us understand Your preferences based on previous or current Site activity, which enables Us to provide You with improved services. They can also be used to compile data about the Site traffic and Site interaction so that We can offer a better Site-experience and provide useful tools in the future.
Usage of Trademarks
The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on Our Site are registered and unregistered trademarks of Us. Nothing contained on Our Site should be construed as granting any license or right to use any trademark without the prior written permission of Us.
Disclaimer Of Liability
We shall not be responsible for and disclaim all liability for the following: any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any 3rd party (including Your company), as a result of or which may be attributable, directly or indirectly, to Your access and use of Our Site, any information contained on Our Site, You or Your company’s personal information or material and information transmitted over Our Site.
Warranties Of Our Site
Neither Us nor Our Site make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding Our Site, this specifically includes not performing or offering any legal services or advice.
Blocking Access To Our Site
We may terminate Your access to Our Site immediately, without prior notice or liability, for any reason, including abuse.
Prohibited Behavior On Our Site
You must not misuse Our Site. You will not do the following: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of Our Site; corrupt data; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through Our Site.
Consequences Of Engaging In Prohibited Behavior
Breaching the above provision would constitute a criminal offense and We will report You to the appropriate authorities.
Liability For Prohibited Behavior
We will not be liable for any loss or damage caused by a distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site, or to Your downloading of any material posted on it, or on any website linked to it.
Policy Regarding 3rd Party Disclosures
We do not sell, trade, or otherwise transfer to outside parties Your Personal Information (“Personal Information”), except to the extent necessary to provide the service. Please review Our Privacy Policy for more information.
Links to Third Party Sites/Third Party Services
destinvacationboatrentals.com contains links to other websites ("Linked Sites"). If You click on these links, You will be directed to that Linked Site. The Linked Sites are not under the control of Destin Vacation Boat Rentals and Destin Vacation Boat Rentals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites have separate and independent terms and condition policies. We strongly advise You to review the terms and conditions of every site You visit. We have no control over, and assume no responsibility for the content and terms. Destin Vacation Boat Rentals is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Destin Vacation Boat Rentals of the site or any association with its operators. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from Our Site. In addition, these sites or services, including Their content and links, may be constantly changing. These sites and services may have their own terms and conditions and customer service policies. Browsing and interaction on any other website, including websites which have a link to Our Site, is subject to that website's own terms and policies. Certain services made available via destinvacationboatrentals.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the destinvacationboatrentals.com domain, You hereby acknowledge and consent that Destin Vacation Boat Rentals may share such information and data with any third party with whom Destin Vacation Boat Rentals has a contractual relationship to provide the requested product, service or functionality on behalf of destinvacationboatrentals.com users and customers.
Owners’ Acknowledgement That Descriptions and List of Services Provided are Truthful and Accurate
Each Owner acknowledges that They have provided accurate and truthful descriptions/photos and representations of Their rentals, charters, tours, & services to Us for the purpose of listing them on Our Site. The description and photos of Their rentals, charters, tours, & services are accurate as of the date They are listed on Our Site. Neither Us nor Our Site will be held responsible for inaccurate or false information provided to Us.
Electronic Communications
Visiting destinvacationboatrentals.com or sending emails to Destin Vacation Boat Rentals constitutes electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Marketing Site
Our relationship is that of independent contractors. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between You and destinvacationboatrentals.com. We are a marketing site, and We market watersport rentals, charters, tours, & services to customers. All transactions will take place between the customer and the business. destinvacationboatrentals.com does not take bookings and is not a party to the contract.
Indemnification
You agree to indemnify, defend and hold harmless Destin Vacation Boat Rentals, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or services, any listings, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Destin Vacation Boat Rentals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Destin Vacation Boat Rentals in asserting any available defenses.
Governing Law
The Terms & Conditions shall be governed and construed in accordance with the laws and jurisdiction of Florida, United States.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Destin Vacation Boat Rentals agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESTIN VACATION BOAT RENTALS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DESTIN VACATION BOAT RENTALS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESTIN VACATION BOAT RENTALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESTIN VACATION BOAT RENTALS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESTIN VACATION BOAT RENTALS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Severing The Terms & Conditions
Any provision of any relevant terms and conditions, policies and notices which is unenforceable in any jurisdiction shall be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Revising Our Terms & Conditions
We have the discretion to update Our Terms & Conditions at any time. We will notify You of any changes by posting the new Terms & Conditions on Our Site. We encourage You to frequently check this page for any changes to stay informed about any new terms taking effect. You acknowledge and agree that it is Your responsibility to review Our Terms & Conditions periodically and become aware of modifications. By continuing to access Our Site after the new Terms & Conditions become effective, You agree to be bound by the new Terms & Conditions. If You do not agree with the new Terms & Conditions, please stop using Our Site.
Acceptance Of Terms
By using Our Site, You signify Your acceptance of Our Privacy Policy and Our Terms & Conditions. If You do not agree to Our Terms & Conditions, please do not use Our Site. Your continued use of Our Site following the posting of changes to Our Terms & Conditions will be deemed Your acceptance of those changes.
Online Booking Acceptance Of Terms
If You use the online booking option, You also agree to the terms and conditions of the booking software facilitating Your booking (including but not limited to, FareHarbor, WaveRez and Booking Central). Please read the terms and conditions on the applicable booking software’s website before You book a rental using the online booking feature.
Entire Agreement
The above Terms & Conditions constitute the Entire Agreement between You and Our Site and supersede any and all preceding and contemporaneous agreements between You and Our Site. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by a Director of Our Site.
Questions
If You have any questions about Our Terms & Conditions, the practices of Our Site, or Your dealings with Our Site, please Contact Us.
Destin Vacation Boat Rentals
(850) 650-2628
Effective as of January 1, 2025