Charter Agreement & Terms and Conditions

This Charter Agreement (“Agreement”) is entered into between Magical Tiki LLC (“Owner/Operator”) and the undersigned charterer (“Charterer”).

By booking a charter, Charterer agrees to the following terms and conditions:

1. Vessel & Charter Details

• Vessel Name: Mystiki
• Departure Location: Marina del Rey, California
• Charter Date & Time: As stated in booking confirmation
• Charter Duration: As stated in booking confirmation
• Maximum Passengers: 18, as permitted by U.S. Coast Guard Certificate of Inspection

2. Payment Terms

A. Deposit

A 20% non-refundable deposit is required at the time of booking to reserve the charter date and vessel. This deposit confirms your reservation and removes the selected date and time from availability for other guests.

B. Remaining Balance

The remaining balance will be automatically charged to the same payment method used at booking 7 Days prior to the scheduled charter, unless the Charterer contacts Owner/Operator in advance to modify or cancel the reservation.

Charters booked within seven (7) days of the charter date require payment in full at the time of booking. By booking a charter, Charterer expressly authorizes Owner/Operator to charge the payment method on file in accordance with these terms.

3. Cancellation & Rescheduling Policy

A. Deposit Policy

The initial 20% deposit is non-refundable, as it secures a specific date and vessel.

B. Cancellation More Than 7 Days in Advance

If the Charterer cancels more than 7 days prior to the charter date, no additional payment is required beyond the forfeited deposit.

C. Cancellation Within 7 Days of Charter Date

If the Charterer cancels within 7 days of the scheduled charter date and the balance has been paid, the charter may be rescheduled one (1) time for a future date, subject to availability.

• - Rescheduled charters must occur within six (6) months of the original charter date.
• - Payments will be applied to the rescheduled charter.
• - No refunds will be issued for cancellations within 7 days.

D. Cancellation Within 48 Hours of Charter Start Time

If the Charterer cancels within forty-eight (48) hours of the scheduled charter start time, all payments made, including the deposit and any remaining balance, are non-refundable.

Rescheduling requests for cancellations made within 48 hours may be considered at the sole discretion of Owner/Operator and are not guaranteed. If approved, any rescheduled charter must occur within six (6) months of the original charter date and will be subject to availability.

E. Operator Cancellation

If Owner/Operator must cancel due to weather, safety concerns, mechanical issues, or other conditions deemed unsafe by the vessel captain, Charterer will be offered the option to reschedule or receive a full refund, including the deposit.

4. Weather & Safety

Charters operate rain or shine unless conditions are deemed unsafe by the vessel captain. The captain’s determination regarding safety is final.

5. Conduct & Safety Requirements

• All guests must follow crew instructions and comply with U.S. Coast Guard regulations.
• Owner/Operator reserves the right to refuse service or terminate the charter without refund due to unsafe behavior, excessive intoxication, illegal activity, or failure to follow crew instructions.
• Charterer is responsible for the conduct of all guests.

6. Late Arrival & No-Shows

• Charter time begins and ends at the scheduled time, regardless of late arrival.
• Late arrivals do not extend the charter duration.
• No-shows are non-refundable.

7. Damage & Liability

Charterer is responsible for any damage to the vessel, equipment, or property caused by Charterer or guests during the charter.

8. Assumption of Risk

Charterer acknowledges that boating involves inherent risks and voluntarily assumes responsibility for those risks on behalf of themselves and their guests.

9. Force Majeure

Owner/Operator shall not be liable for cancellation or delay due to events beyond reasonable control, including but not limited to harbor closures, government orders, severe weather, or acts of God.

10. Governing Law

This Agreement shall be governed by the laws of the State of California and applicable federal maritime law.

Acknowledgment

By booking a charter, Charterer acknowledges that they have read, understood, and agreed to these terms and conditions.