Terms of Service

Last Updated: July 1, 2025

Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Guest" or "you") and Island Berth ("Company," "we," "our," or "us") regarding your use of our yacht charter services. By booking a charter or using our services, you agree to be bound by these Terms.

Booking and Payment

Reservation Requirements

• All bookings require a signed charter agreement and deposit payment
• Full payment is due 48 hours before charter departure
• Valid government-issued photo identification required for all guests
• Guest must be 21 years or older to book a charter
• Accurate guest count and information must be provided at booking

Payment Terms

• Deposit: 50% of charter fee required to secure booking
• Final payment due 48 hours prior to departure
• Additional charges may apply for extra services or damages
• All payments are in Canadian dollars unless otherwise specified
• Credit card processing fees may apply

Cancellation and Refund Policy

Guest Cancellations

• More than 14 days: Full refund minus 10% processing fee
• 7-14 days: 50% refund of total charter fee
• 3-6 days: 25% refund of total charter fee
• Less than 3 days: No refund

Weather Cancellations

If Island Berth cancels a charter due to unsafe weather conditions, guests will receive:

• Full refund if rescheduling is not possible
• Option to reschedule to another available date
• Credit toward future charter within 12 months

Guest Responsibilities and Conduct

Safety Requirements

• Follow all safety instructions provided by crew
• Wear provided life jackets when required
• Remain seated when vessel is in motion unless authorized
• Report any medical conditions or concerns before departure
• No swimming without crew approval and supervision

Prohibited Items and Behavior

• Illegal substances or excessive alcohol consumption
• Smoking anywhere on the vessel
• Bringing glass containers on deck areas
• Pets (except certified service animals with advance notice)
• Disruptive, threatening, or unsafe behavior
• Damage to vessel property or equipment

Liability and Insurance

Company Liability

Island Berth maintains comprehensive marine insurance and operates under strict safety protocols. However, guests participate in charter activities at their own risk. The Company's liability is limited to:

• Gross negligence by Company employees or agents
• Mechanical failure due to inadequate maintenance
• Maximum liability not exceeding the charter fee paid

Guest Liability

Guests are responsible for:

• Damage to vessel caused by negligent or intentional acts
• Personal injuries resulting from failure to follow safety instructions
• Loss or damage to personal belongings
• Actions of all members in their party

Travel Insurance

We strongly recommend guests purchase travel insurance to cover potential trip cancellations, medical emergencies, or personal property loss.

Vessel Operations

Captain Authority

The vessel captain has absolute authority regarding:

• Safety decisions and emergency procedures
• Route changes due to weather or conditions
• Removal of disruptive guests from charter
• Termination of charter for safety reasons

Itinerary Changes

• Routes may be modified for safety or weather reasons
• No refunds for itinerary changes beyond our control
• Company will make reasonable efforts to provide alternative experiences

Privacy and Photography

Island Berth may take photographs or videos during charters for marketing purposes. Guests who prefer not to be photographed should inform the crew. See our Privacy Policy for details on data handling.

Force Majeure

Island Berth is not liable for delays, cancellations, or modifications due to circumstances beyond our control, including but not limited to:

• Severe weather conditions
• Government regulations or restrictions
• Natural disasters or emergencies
• Labor disputes or strikes
• Mechanical failures despite proper maintenance

Dispute Resolution

Governing Law

These Terms are governed by the laws of British Columbia, Canada, and any disputes will be resolved in the courts of British Columbia.

Mediation

Before pursuing legal action, parties agree to attempt resolution through mediation with a qualified maritime mediator.

Modifications

Island Berth reserves the right to modify these Terms at any time. Updated terms will be posted on our website and will apply to all bookings made after the update date. Existing bookings will remain subject to the terms accepted at time of booking.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

For questions about these Terms of Service or to report issues during your charter, please contact us: