TERMS AND CONDITIONS
Terms of Service
In order to rent a boat from the Charter company MKS of SWFL, LLC, aka Cape Coral Charter Boats, the renter/tenant has to agree to these following terms:
1. Special rental conditions for boats:
The rental contract between renter/tenant and MKS of SWFL, LLC aka Cape Coral Charter Boats goes into effect when the renter/tenant has signed all necessary documents on site (e.g. Cape Coral, Florida). The rental contract, rental terms and all the SW Florida rules and regulations are explained in detail on site (e.g. Cape Coral, Florida).
A boating license is not necessary in Florida. In order to drive a boat in SWFL, you need to be at least 21 years’ old and possess a driver’s license. For insurance reasons, you need to receive theoretical and technical instructions in regards to the rules and regulations of boating. The use of a boat is at your own risk and without any warranty/guaranty. At the hand over of the boat, the boat is usually filled up with gas. The amount of gas will be documented. At check out, the boat should be returned with the equal amount of gas.
The boat should be used/treated with care. All damages have to be reported to MKS of SWFL, LLC aka Cape Coral Charter Boats immediately. The renter/tenant is responsible for any damages caused through improper handling, or by third parties, and will be held responsible for all claims. MKS of SWFL, LLC, aka Cape Coral Charter Boats, has the right to use the security deposit for any costs incurred (e.g. gas, damages..).
The renter/tenant has to obey the rules and regulations, as well as the instructions given at check in (theoretical and technical instructions). Violating those rules can result in immediate termination of the contract between renter/tenant and MKS of SWFL, LLC, aka Cape Coral Charter Boats, without any refund not even partially. Should the boat get damaged by a previous renter/tenant, or cannot be used for any other reasons, MKS of SW Florida, LLC, aka Cape Coral Charter Boats, will try to offer a replacement boat without any additional costs involved. If MKS of SWFL, LLC, aka Cape Coral Charter Boats, is unable to offer a replacement boat, the renter/tenant will receive a full refund of his initial payment.
The deposit / rental payment can be made by wire transfer/TransferWise, PayPal, credit card or in cash (Euro, except 500 Euro notes, USD, Swiss Francs, British Pounds, Canadian Dollars).
The renter/tenant undertakes to have a working cell phone with him during the whole time on the boat in order to be always available and to have the possibility to check the weather on various websites or app’s at any time.
A delivery to a vacation home that is directly on a river, is not possible if a lift is not available. When the customer has only a seawall and no safe docking situation, delivery will not be available. It is the customers responsibility to check out the docking situation at their vacation home.
2. Extended rental conditions for boats
2.1. Online booking-/documents:
With the online booking, or the signature on the booking document, and the related payment renter/tenant and MKS of SWFL, LLC, aka Cape Coral Charter Boats, agrees to be bound to the contract/reservation of a boat for four weeks. Should MKS of SWFL, LLC, aka Cape Coral Charter Boats, not receive a booking confirmation within those four weeks, then the reservation is invalid and the boat can be rented out to someone else. If MKS of SWFL, LLC, aka Cape Coral Charter Boats, has received and confirmed the booking reservation in writing (e.g. letter, fax, or email), then the reservation is binding and the boat will be held until the date of renting.
2.2. All-Inklusive-Paket(A-I-P)
Due to the excellent service of MKS of SWFL, LLC, aka Cape Coral Charter Boats, to the customer and the all-inclusive-package (A-I-P) they offer; the customer will not have to pay for the following:
Theoretical and technical instructions in regards to the rules and regulations of SW Florida Fish and Wildlife Conservation. As well as check-in at the boat, cleaning of the boat, SeaTow insurance, delivery/pickup of the boat, comprehensive insurance, liability insurance, 6.5 % sales tax, contact/on call person during the entire rental period, and check-out at the boat.
Only the driver is insured in the A-I-P. Each additional driver must be insured separately. Price upon request.
2.3. Payment and additional cost:
Down payment (minimum 30% or more of total rental amount) if not agreed differently, has to be paid right away or no later than 7 days after the booking date.
The rest of the rental amount is due in Cape Coral, Florida when receiving the boat in cash or per Credit card. If the remaining payment wants to be paid by bank transfer / TransferWise, then this is due no later than 7 days before the start of the rental. If the balance wants to be paid by check, then it must be mailed to Cape Coral Charter Boats no later than 2 weeks prior to the rental date.
All bank charges/fees for foreign transfers are at the expense of the tenant.
Payments via bank transfer/TransferWise or by check are the cheapest payment options.
Payments can be made through PayPal, Credit card, Traveler checks or in cash (US Dollars or Euros). Renter/tenant is responsible for any occurring fees ( 5 %, credit card).
The security deposit is $1,500 (boat category I-III) or $2,000 (boat category IV) and can be paid with the following:
– Cash
– Bank Transfer /TransferWise
-Via PayPal with an additional fee
-Via credit card with an additional fee from the credit card company (5 %).
MKS of SWFL, LLC, aka Cape Coral Charter Boats, does offer a toilet (porta pottie) for an additional fee of $90.00.
In case the boat is not sitting on a boat lift during the rental period, MKS of SWFL, LLC, aka Cape Coral Charter Boats, can charge the renter/tenant an additional cleaning fee of $80.00.
If it deems necessary to take driving lessons, or orientation lessons, these can be booked anytime for an additional fee of $80.00/per hour.
MKS of SWFL, LLC, aka Cape Coral Charter Boats, can add a surcharge of 20% to the rental prize during high season (e.g. Spring-break season, Easter season, Summer-break season, Thanksgiving season or Christmas/ New year season ).
2.4. Insurance
All boats are authorized as rental vehicles and are insured through SeaTow (like AAA only on the water) Premium insurance. There are no additional costs for the customers!
All boats come with a premium all-round insurance package included. Premium all-round protection includes skipper liability insurance, partially comprehensive/theft insurance, fully comprehensive insurance and towing insurance.
In the event of damage (only self-inflicted damage), the maximum deductible on your own rental boat is US$1,500 (boat category I-III) per damage/accident or US$2,000 (boat category IV) per damage/accident. Any damage must be reported immediately. This deductible can be additionally secured by a deposit insurance. With this deposit insurance, your own risk in the event of damage would be zero.
In the event of damage to third parties, the maximum deductible is US$2,500 (liability insurance).
2.4. Cancellation:
A cancellation 14 days before the actual begin of the rental period is not accepted.
A cancellation, within 30 days of the actual begin of the rental period, is only accepted with a cancellation fee of 50% of the total rental amount payable by renter/tenant to MKS of SWFL, LLC, aka Cape Coral Charter Boats.
A cancellation within 90 days of the actual begin of the rental period is only accepted with a cancellation fee of 30% of the total rental amount payable by renter/tenant to MKS of SW Florida, LLC aka Cape Coral Charter Boats.
A cancellation more than 90 days before the actual begin of the rental period is only accepted with a cancellation fee of 20% of the total rental amount payable by renter/tenant to MKS of SW Florida, LLC aka Cape Coral Charter Boats.
If for any reason the renter/tenant has to cancel the rental contract MKS of SW Florida, LLC aka Cape Coral Charter Boats can deduct the final payment from the down payment.
MKS of SWFL LLC (Cape Coral Charter Boats) shall be NOT liable for events beyond their control which may interfere with the tenants boat rental such as weather (Tropical Storm/ Hurricane), other acts of God, acts of governmental agencies, fires, strikes, war or inclement weather. No refunds shall be given for such occurrences and tenant is advised to take out trip cancellation/trip interruption insurance prior to commencing the travel to cover such risks.
