Terms and Conditions

Captain Jonny's Epic Charters is committed to maintain a professional atmosphere of respect, cordiality and distinguished service with full transparency in every client transaction. We are dedicated to creating an enjoyable experience aboard our Boat.

The terms and conditions listed below represent a legally binding agreement between you and Captain Jonny's Epic Charters ("Captain Jonny's" or "Owner"). By using this website and/or booking a trip with Captain Jonny's your consent to these terms and conditions is implied. The word "You" refers to all persons booking or purchasing a cruise or excursions with Captain Jonny's or and any parent, subsidiary, or other affiliated companies.

1.   Cruises. In consideration of the receipt in full of the fare and subject to the terms and conditions of this terms and conditions agreement: (a) Captain Jonny's agrees to transport you on the Boat to a destination of your choice on the date you have booked and for the time you have booked and paid for. Payment is required in advance online, unless alternate payment method is provided by Captain Jonny's with written confirmation by mail, email or text message.

2. Period of Validity. This contract is valid only for the Cruise specified in your online booking and shopping check out receipt. The person accepting this contract represents that he/she is authorized by all persons on the same booking to accept and agree to be bound by the terms and conditions of this contract on their behalf. Although this contract refers to Captain Jonny's as "Owner," and any Affiliated Companies as “we” and “us,” neither Owner nor Company shall be liable for the acts or omissions of any other Company or with respect to the services provided or to be provided by any other Company.

3. Supervision and Acts of Omission. We do not undertake to supervise, nor assume any liability in respect of  the acts or omissions of Company or crew, caterers, photographers or any other third party providing services, all of whom are either independent contractors or are employed by independent contractors, and/or those who work directly for the passenger when performing their services.

4. Excursions, accommodations and services. All cruises, excursions, onboard accommodations and/or services. such as catering, dining or hospitality (referred to as “Non-Provider Services”) are performed by third parties who are independent contractors, and not by us. We neither supervise nor control the activities provided by Non-Provider Services and assume no liability and make no representation either express or implied as to their suitability. By way of example only, Non-Provider Services include goods and services provided by shoreside physicians, air ambulance, hotels, restaurants, , shore excursion and tour operators, hotel or land transport companies. As a result, you are assuming the entire risk of utilizing Non-Provider Services subject only to whatever terms or arrangements are made by you or on your behalf with the third party furnishing the Non-Provider Service. (a)  You assume all risks for injury, death or loss as a consequence of your use of our boat's recreational equipment or as a consequence of criminal conduct by any third party.
(b)  During your Cruise, we are transporting you and your property only between ports of call.

5. Change in Itinerary/Cancellation (a) Although we will use our best efforts to provide you with the Cruise you have selected, situations may occur which require that changes be made. By way of example only, we may adjust itineraries and schedules, change talent performing onboard the cruise, delay departures or arrivals without any further obligation to you to refund any portions of your fare or reimburse any of your expenses. If Captain Jonny's must cancel a Cruise, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, repair and maintenance requirements, fuel or other shortages, or damage to the boat, other means of transportation, roads, tracks, bridges, docks, equipment or machinery, changes may be made at Captain Jonny's sole discretion, and every effort will be to provide an alternative sailing if needed. Furthermore, the Captain of the Boat as well as the operator of any other required means of transportation during a cruise session may in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, we cannot guarantee the itinerary of the Cruise (including time of sailing from or arrival at any specific location. We reserve the right at our sole discretion to provide you with alternative options whenever the Cruise is unable to proceed or be completed in the ordinary course. 
(b)  Your safety is very important to us. For safety or other reasons that we believe qualify as good cause, we may, without notice, substitute any suitable boat, change any date of sailing or travel, or cancel any sailing. (c)  If the Cruise is cancelled (for reasons other than mechanical failures of the Boat), we may disembark you at the closest safe port or terminate your travel at any location (at our expense, but at your risk) you and your property to or toward a port or location from which you may return home, as appropriate. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise, is cancelled before commencement, you will be entitled, as your exclusive remedy, is to receive an alternative sailing. If a Cruise is cancelled after commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount as an onboard credit on a future cruise less a reasonable allowance for transportation and services already provided to you. The reasonable allowance will be determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Cruise. Notwithstanding the foregoing, we are not obligated to issue any refund to you in the event of a cancelled trip. In the event a Cruise is terminated early due to mechanical failures of the Boat, you are entitled to transportation to the scheduled point of disembarkation at our expense. When such disembarkation caused by mechanical failures of the Boat at an unscheduled location requires an overnight stay, you are also entitled to lodging at the unscheduled port of disembarkation at our expense. For sake of clarity, all payments made to Captain Jonny's for the Cruise are non-refundable and nothing contained herein shall be construed to give you grounds to get a refund if you decide to cancel the Cruise. Captain Jonny's will not be responsible for any loss incurred due to a cancelled/delayed flight or other means of transportation booked by you.

6.   Authority to Deny Transportation, Confine and Remove Passengers. We may determine that for your safety, the safety of the Boat or the safety or comfort of other passengers or our employees, you may be denied cruise services either before or during the Cruise. In any such circumstance, you may be returned to land without liability to us for a refund, payment or compensation whatsoever. By way of example, these would include situations where: (a) you are or become in such condition as to be unfit to travel or dangerous or obnoxious to other passengers or employees; (b) you are inadmissible under the immigration or other United States of America laws; or (c) you fail to abide by the rules or orders of the Captain or other officers; or (d) you solicit other passengers or employees for commercial or professional purposes or advertise goods or services on board the Ship without our prior written permission. If transportation is denied after departure, you and your belongings may be landed or transported to the initial point of embarkation or other point that we select, without any resulting liability for refund, payment, compensation or credit on our part. If you are disembarked or any other actions are taken for any reason pursuant to this paragraph, you will not be entitled to any refunds or damages.

7.  Belongings. (a) We will carry only your personal effects consisting of wearing apparel, similar items for your wearing, comfort or convenience during the Cruise, and snacks and drinks and toiletries not belonging to or intended for use by any other person or for sale. Radioactive materials, inflammable or hazardous items, controlled substances (other than lawfully obtained prescription drugs), firearms and illicit materials are strictly prohibited. All belongings must be able to be safely stowed on the Boat and may not be left behind. (b) Any animals permitted to accompany you are permitted at the discretion of the Captain, except for qualified service animals for passengers with disabilities; you are responsible for complying with governmental health and other requirements as to service animals. (c)  We are not liable for: (1) any loss, damage or delay before belongings comes into our actual custody at the commencement of your Cruise or after belongings leave our actual custody at the conclusion of your Cruise; (2) any damage due to wear, tear or normal usage. For security and legal reasons, belongings are subject to search, and illegal or potentially unsafe property is subject to seizure, both before and during the Cruise. (3)  We do not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver or similar valuables, including but not limited to those specified in Title 46 of the United States Code section 30503, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, dental hardware, eyewear, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes or CDs. These items should not be left lying about the boat, nor should they be left unattended, other than a bag that you carry with you. In addition, we do not assume any liability for any loss of or damage to belongings left unattended on the Boat.

8. Passenger Liability in Certain Cases. You will be required to indemnify and reimburse us for all expenses we incur as a result of any misrepresentation made by you, as a result of the need to provide you with medical services, as a result of your detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by your acts or omissions or the acts or omissions of any passenger under age 23 traveling with you.

9. Travel Agents. Any travel agent or hotel you use in connection with booking your Cruise, acts solely for you and is deemed your agent. We are not responsible for the financial condition or promises made by any such travel agent.

10. Payment Terms. Captain Johnny's Terms of Purchase Liability are limited to those details specified in our online booking descriptions. Payment Plans: Captain Jonny's Charters offers online payments available to you for the Cruise. By selecting the payment plans available, you authorize us to charge your Payment Method for payments as selected without additional notice to you. You expressly agree not to dispute any credit card charges associated with this trip.

11. Cancellation Policy. All payments to Captain Jonny's for cruises taken are non-refundable. Cancellations made at least 72 hours in advance shall qualify for a full refund or if you prefer, funds on account may be held by Captain Jonny's for use at a future date. We reserve the right to refuse service to any person or cancel your reservation at any time at our sole discretion.

12. Credit Cards/Cancellation Fees. Captain Jonny's reserves the right to charge additional fees for returned payments, canceled cards, chargebacks, credit card changes, invalid credit cards, cancellations, and cancellations as a result of your failure to comply with any requests by Captain Jonny's. The fee assessed shall be $150 per person plus 5% of the total transaction.

13. Currency. Unless otherwise noted, all prices on the website and any fees associated with the Cruise including any applicable taxes are quoted in United States Dollars (“USD”). All payments to Captain Jonny's will be charged in USD to your selected payment method. You may incur an additional fee by your bank or credit card processor if it is an international transaction.

14. Eligibility; Passenger Condition. There are risks inherent to being aboard any Boat and/or other means of transportation. These include, by way of example, having to evacuate the Boat or other means of transportation in case of emergency, having to move about on the Boat or other vessels during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. For example: access to all parts of the Boat, other means of transportation or to facilities on shore may be difficult or impossible for some passengers. In addition, medical evacuations during the Cruise, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the Boat will occur. For these reasons, we request that if you have any special medical, physical or other requirements, these be brought to our attention immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Cruise. You are liable to us for any costs incurred for emergency medical care including medical care provided ashore, as well as transportation and/or lodging in connection therewith.

15. Time Limits for Noticing Claims, Filing and Service of Lawsuits. Forum for Legal Actions; Class Action Waiver: All disputes and matters whatsoever arising under, in connection with or incident to this contract, including without limitation claims against third parties are governed by the following time limits for noticing claims, and filing and service of legal proceedings (including arbitration)

16. Assumption of Risk and Waiver of Liability

(a.) Assumption of the Risks.I hereby freely assume the inherent risks as well as any other risks not listed that are part of the Cruise, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Cruise —including any injury, illness, or loss caused by the negligence of Captain Jonny's, its employees, agents and officers, its contractors or the guests I voluntarily bring aboard.

Communicable Diseases. Captain Jonny's cannot prevent you from becoming exposed to, contracting, or spreading any communicable diseases while participating in the Cruise. It is not possible to prevent against the presence of any communicable diseases including but not limited influenza, coronavirus, norovirus and all other infectious diseases. Therefore, if you choose to sail with us, you expressly assume the risk that you may be exposing yourself to and/or increasing your risk of contracting or spreading a communicable disease including COVID-19 ASSUMPTION OF RISK: I have read and understood the above warning concerning all communicable diseases. I hereby choose to accept the risk of contracting a communicable disease for myself in order sail on the Cruise. Notification. I agree to inform Captain Jonny's and their representatives immediately and to not to sail on the Cruise if I have tested positive for any communicable disease including COVID-19, been exposed to anyone who has tested positive for a communicable disease including COVID-19 within fourteen (14) days of the Cruise or start to experience any flu-like symptoms including but not limited to a fever, runny nose, difficulty breathing, loss of taste or smell and fatigue. I understand failure to notify Captain Jonny's of this information may be considered negligence on my part.

You agree to comply with all health and safety guidelines set by Captain Jonny's, throughout the sailing of the Cruise. Failure to comply with the health and safety instructions by Captain Jonny's will lead to you and your traveling party being denied boarding or constitute cause for removal from the Vessel without any refund to you. Waiver of Lawsuit/Liability. I hereby forever release and waive my right to bring suit against Captain Jonny's and its employees, independent contractors, members, representatives, and affiliates of each of the foregoing (collectively, the “Released Parties”) in connection with exposure, infection, and/or spread of any communicable disease. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. Indemnification and Hold Harmless. I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims to which this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Cruise. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

17. Personal Information. Authority to Use and Sell Pictures, Video Images and Audio Recordings: Personal information we collect from you may be used by us or our affiliates for marketing purposes; it will not, however, be sold to unaffiliated third parties. You authorize us to affix your name to any testimonial or review that you provide for Captain Jonny's. As described above, you acknowledge that we do not assume any liability to you for our doing so. We periodically photograph or otherwise film people participating in Cruises for retail, marketing, promotional, publicity and training purposes. Without any requirement that we compensate you or obtain any additional approvals from you, you authorize us to include photographic, video recordings and other visual portrayals of you, as well as voice recordings included with any videos, in photographs, videos, DVDs or other media that we use for marketing, promotional, publicity and/or training activities in all media now known or hereafter devised without any limitations whatsoever. You expressly agree not to use any photograph, video recordings and other visual or audio portrayals of you and/or any other guest in combination with crew or the Ship, or depicting the Ship, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Captain Jonny's or Owner.

18. Transferability; Separability. This contract cannot be transferred by you. Any additions, deletions, or other alterations to, or waivers of any term of, this contract which are purported to have been made by us and which have not been agreed to in writing by the President of Captain Jonny's will not be legally binding upon us. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.

19.   Passenger Bill of Rights.

(1) Photography and Photography Use: Captain Jonny's may take photographs or film of its Cruise and Cruise participants, and participant shall grants Captain Jonny's permission to do so and to use such photographs/film for promotional or commercial use.

(2) Privacy. Captain Jonny's only uses personal information collected and/or shares said information with affiliated third parties in order to fulfill your requests and complete transactions with you. We do not and will not sell your information to other vendors or marketers. In the event that you provide Captain Jonny's with a testimonial or online review, you are accepting liability for use of your name or location on our website or in our marketing materials. We will never use your name or location without your written consent. Written consent may be provided via email or website form transmission.

(3) In the Highly Unlikely Event of Hostilities. Although highly unlikely, the Boat may be confronted by actual or threatened war, warlike operations or other hostilities. Passengers have a right to remain informed and Captain Jonny's Charters will do everything in its power to keep all passengers safe. In addition to our right to deal with an unexpected hostile situation, under our general right to respond to safety concerns, we may decide that it would be prudent for the Boat to sail with or without lights, omit observance of normal apractices, rules and regulations as to navigation, cargo or other, as applicable in time of peace, or sail while armed or unarmed and with or without convoy.

21. Disclaimer. Captain Jonny's Epic Charters, including its affiliates, neither controls, nor operates, nor are they responsible for the actions of independent contractors. Captain Jonny's and affiliates deny any responsibility for liability for late arrival by you to the point of embarkation, for any illness, injury, damage, loss of cruise time or other irregularities resulting there from. You are responsible for arriving at the respective location on time for embarkation and for boarding the Boat or if, for any reason you miss a scheduled sailing. Your signature as indicated by your payment for your cruise is binding. We reserve the right to change itineraries with or without out notice and with no further obligation. We reserve the right to refuse service to any person or cancel your reservation at any time at our sole discretion. Any dispute arising from this reservation must be settled in Broward County or Brevard County in the State of Florida.

Captain Jonny's may update the provisions of the Terms and Conditions from time to time and reserves the right to do so without prior notice to passenger.

RV: 060423