Terms of Service for our Experiences

Sunny Bay Cruise & Charter LLC

Terms & Conditions, Charter Agreement, Weather Policy & Photo/Video Release

Effective Date: July 6, 2026

These Terms & Conditions ("Agreement") govern the use of the Sunny Bay Cruise & Charter website, booking platform, and all charter services provided by Sunny Bay Cruise & Charter LLC ("Sunny Bay," "Company," "we," "our," or "us").

By booking a charter, accessing our website, or participating in any Sunny Bay Cruise & Charter experience, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Charter Reservations

All charter reservations are subject to availability and confirmation.

A reservation is not considered confirmed until payment or deposit has been successfully processed and confirmation has been issued by Sunny Bay Cruise & Charter.

Sunny Bay Cruise & Charter reserves the right to refuse service, deny bookings, or cancel reservations when necessary to protect the safety of guests, crew members, vessels, or business operations.

Guest Responsibilities

Guests agree to:

  • Arrive on time for their scheduled charter.
  • Follow all instructions given by the Captain and crew.
  • Behave in a safe and respectful manner.
  • Avoid conduct that places themselves or others at risk.
  • Comply with all local, state, and federal laws while aboard.

Sunny Bay Cruise & Charter reserves the right to terminate any charter without refund if guest behavior is unsafe, illegal, abusive, destructive, or interferes with the safety or enjoyment of others.

Captain's Authority

The Captain has absolute authority regarding the safe operation of the vessel.

The Captain has sole discretion to determine whether conditions are safe to:

  • Depart
  • Continue a charter
  • Modify an itinerary
  • Seek shelter
  • Return to the dock
  • Cancel a charter

All Captain decisions are final and made solely for the safety of passengers, crew, and vessel.

Weather Policy

Your safety is our highest priority.

Before and during every charter, the Captain continuously monitors:

  • Marine forecasts
  • Radar
  • Wind conditions
  • Sea conditions
  • Lightning
  • Visibility
  • Tide conditions
  • Other marine hazards

Light Rain

Most charters continue during light rain.

Florida weather changes rapidly, and passing showers are common. In many cases, rain lasts only a short period and guests are still able to fully enjoy their charter experience.

Rain alone does not constitute unsafe weather.

Weather Forecasts

Sunny Bay Cruise & Charter does not cancel charters solely because rain appears in the weather forecast.

Weather forecasts frequently change throughout the day, particularly along Florida's Gulf Coast.

Weather decisions are generally made no earlier than 30 minutes before scheduled departure, unless conditions are obviously unsafe beforehand.

Weather Delays

If temporary unsafe weather is expected to pass, the Captain may:

  • Delay departure
  • Wait at the dock
  • Seek temporary shelter
  • Adjust the charter schedule

Whenever reasonably possible, Sunny Bay Cruise & Charter will attempt to provide guests with as much of their scheduled charter time as conditions safely allow.

Unsafe Weather During a Charter

Weather conditions on the water can change rapidly.

If weather becomes unsafe after departure, the Captain may:

  • Change destinations
  • Modify the itinerary
  • Seek temporary shelter
  • Return to the marina early

The Captain's decision shall always be final.

Captain Weather Cancellation

If Sunny Bay Cruise & Charter cancels a charter before departure because weather or marine conditions are unsafe, guests may choose one of the following:

  • Reschedule the charter (subject to availability), or
  • Receive a rain check valid for one (1) year from the original charter date.

Partial Charters

If a charter has already departed and must end early because of unsafe weather, refunds are generally not provided, as vessel preparation, staffing, fuel, and operational costs have already been incurred.

At the Captain's sole discretion, Sunny Bay Cruise & Charter may offer:

  • Additional charter time
  • Future charter credit
  • Another reasonable accommodation

Such accommodations are voluntary and are not guaranteed.

Offshore Fishing Charters

Because offshore fishing depends heavily upon sea conditions, Sunny Bay Cruise & Charter may elect to:

  • Reschedule the trip;
  • Convert the charter into an inshore or bay fishing trip;
  • Convert the reservation into a private bay cruise when conditions safely permit; or
  • Issue a rain check valid for one (1) year if rescheduling is unavailable.

Guest Cancellation Policy

Guest cancellations made 72 hours (3 days) or more before the scheduled charter will receive a full refund.

Cancellations made within 72 hours of departure are non-refundable.

Weather forecasts alone are not grounds for cancellation.

Florida weather changes rapidly, and Sunny Bay Cruise & Charter does not cancel trips based solely on forecasted rain or isolated storms.

Only the Captain may determine whether weather conditions are unsafe.

No Shows

Guests who fail to arrive for their scheduled charter without prior notice are considered no-shows.

No-shows are non-refundable.

Our Commitment

Sunny Bay Cruise & Charter is committed to providing every guest with a safe, enjoyable, and memorable experience.

Whenever weather impacts a scheduled charter, we will work with guests to identify the best available solution while always placing safety first.

Photo & Video Release

As part of the Sunny Bay Cruise & Charter experience, crew members may occasionally photograph or record guests during their charter.

Images and video may include activities such as:

  • Cruising
  • Dolphin watching
  • Fishing
  • Snorkeling
  • Swimming
  • Crab Island excursions
  • Sunset cruises
  • Private charters
  • Family gatherings
  • Special events

By booking and participating in a Sunny Bay Cruise & Charter experience, you grant Sunny Bay Cruise & Charter LLC, its employees, contractors, and authorized representatives permission to photograph and record you and members of your group during your charter.

These photographs and videos may be used, without compensation, for lawful business purposes including:

  • Website content
  • Social media
  • Printed advertising
  • Online advertising
  • Promotional videos
  • Brochures
  • Television advertising
  • Digital marketing
  • Public relations
  • Media publications

Sunny Bay Cruise & Charter may edit, crop, reproduce, publish, distribute, or otherwise use such photographs and video in any format now known or later developed.

Guests waive any right to inspect or approve the finished product or the specific use of photographs or videos.

If your group includes minors, the individual completing the reservation represents that they are the parent or legal guardian of the minor(s), or otherwise have legal authority to grant this consent.

Guests who do not wish to appear in photographs or videos must notify Sunny Bay Cruise & Charter in writing before their charter or advise the Captain before departure.

Reasonable efforts will be made to honor such requests; however, incidental appearance in background photographs or video cannot always be avoided.

Participation in a charter constitutes acknowledgment and acceptance of this Photo & Video Release.

Website Terms & Conditions

By accessing this website, you agree to comply with these Terms & Conditions.

Sunny Bay Cruise & Charter reserves the right to modify these Terms at any time without prior notice.

Continued use of the website constitutes acceptance of any revised Terms.

Legal Notice

These Terms & Conditions govern your use of the Sunny Bay Cruise & Charter website and the booking of any charter services provided by Sunny Bay Cruise & Charter LLC.

Sunny Bay Cruise & Charter reserves the right to modify, update, or revise these Terms & Conditions at any time without prior notice. Any changes become effective immediately upon posting to the website. Continued use of the website or booking of any charter after such changes constitutes acceptance of the revised Terms.

Notices from Sunny Bay Cruise & Charter to customers may be provided through our website, email, telephone, text message, or other reasonable means of communication.

Notices from customers should be submitted using the contact information provided on our website or by mail to the business address listed by Sunny Bay Cruise & Charter.

Copyright Notice

All content appearing on this website, including but not limited to:

  • Text
  • Logos
  • Graphics
  • Images
  • Videos
  • Photography
  • Audio
  • Documents
  • Designs
  • Website layout
  • Marketing materials

is the exclusive property of Sunny Bay Cruise & Charter LLC unless otherwise stated.

Copyright © 2026 Sunny Bay Cruise & Charter LLC. All Rights Reserved.

You may view, print, or download materials from this website solely for your own personal, informational, and non-commercial use.

No portion of this website may be copied, reproduced, republished, uploaded, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without prior written permission from Sunny Bay Cruise & Charter LLC.

Trademarks

All business names, logos, service marks, trademarks, trade dress, slogans, graphics, and branding displayed on this website are the property of their respective owners.

Nothing contained within this website grants any license or right to use any trademark without the express written permission of the applicable owner.

Reference to any third-party product, service, business, or organization does not imply endorsement, sponsorship, affiliation, or approval unless expressly stated.

Website Use

By accessing or using this website, you agree to use it only for lawful purposes.

You agree not to:

  • Attempt unauthorized access to our website or servers.
  • Introduce viruses, malware, or malicious software.
  • Interfere with website functionality.
  • Use automated systems to scrape website content.
  • Misrepresent your identity.
  • Use this website for fraudulent or illegal activity.

Sunny Bay Cruise & Charter reserves the right to suspend or terminate website access to any individual who violates these Terms.

Accuracy of Information

Sunny Bay Cruise & Charter makes every effort to ensure the information contained on this website is accurate and current.

However, pricing, charter descriptions, availability, schedules, vessel specifications, policies, photographs, and other information may change without notice.

We do not guarantee that all information is free from typographical errors, omissions, or inaccuracies.

Sunny Bay Cruise & Charter reserves the right to correct any errors at any time.

Privacy

Information submitted through our website may be collected for the purpose of:

  • Processing reservations
  • Responding to inquiries
  • Providing customer support
  • Improving our services
  • Communicating booking updates
  • Marketing (where legally permitted)

Sunny Bay Cruise & Charter does not sell customers' personal information.

Information may be shared with payment processors, reservation software providers, insurance providers, legal authorities when required by law, or other trusted service providers necessary to operate our business.

By using our website or booking a charter, you consent to the collection and use of information as described in our Privacy Policy.

Payments

Accepted payment methods are displayed during the booking process.

A reservation is not considered confirmed until payment or deposit has been successfully processed.

Sunny Bay Cruise & Charter reserves the right to change accepted payment methods, booking procedures, pricing, and payment requirements without prior notice.

Charter Policies

All charter reservations are governed by:

  • These Terms & Conditions
  • Charter Agreement
  • Weather Policy
  • Cancellation Policy
  • Photo & Video Release
  • Liability Waiver (when applicable)

Booking a charter constitutes acceptance of all applicable policies.

Disclaimer of Warranties

This website and all information, materials, photographs, videos, graphics, and services are provided on an "AS IS" and "AS AVAILABLE" basis.

Sunny Bay Cruise & Charter LLC expressly disclaims all warranties, whether express or implied, including but not limited to:

  • Merchantability
  • Fitness for a particular purpose
  • Accuracy
  • Reliability
  • Availability
  • Non-infringement

We do not warrant that:

  • The website will always be available.
  • The website will operate without interruption.
  • The website will be free of viruses or malicious code.
  • Information will always be complete or error-free.

Guests assume all risks associated with reliance upon website information.

Limitation of Liability

To the fullest extent permitted by applicable law, Sunny Bay Cruise & Charter LLC, its owners, officers, employees, captains, crew members, contractors, agents, affiliates, successors, and assigns shall not be liable for any:

  • Indirect damages
  • Special damages
  • Consequential damages
  • Incidental damages
  • Exemplary damages
  • Punitive damages
  • Lost profits
  • Loss of enjoyment
  • Business interruption
  • Data loss

arising out of or related to:

  • Use of this website
  • Inability to access the website
  • Charter delays
  • Charter cancellations
  • Weather events
  • Mechanical issues
  • Third-party services
  • Guest conduct
  • Any other circumstance beyond the reasonable control of Sunny Bay Cruise & Charter.

Where permitted by law, Sunny Bay Cruise & Charter's maximum liability shall never exceed the amount actually paid by the guest for the charter giving rise to the claim.

Indemnification

Guests agree to defend, indemnify, and hold harmless Sunny Bay Cruise & Charter LLC, its owners, employees, captains, crew members, contractors, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorney's fees) arising from:

  • Violation of these Terms.
  • Negligent or intentional acts by guests.
  • Damage caused by guests.
  • Injury resulting from guest misconduct.
  • Misuse of this website.

Force Majeure

Sunny Bay Cruise & Charter shall not be liable for delays, cancellations, interruptions, or failure to perform caused by events beyond its reasonable control, including but not limited to:

  • Hurricanes
  • Tropical storms
  • Severe weather
  • Flooding
  • Lightning
  • Fire
  • Government action
  • Coast Guard restrictions
  • Pandemics
  • Mechanical failures
  • Labor disputes
  • Fuel shortages
  • Acts of God
  • Any other unforeseen event that makes operation unsafe or impractical.

Governing Law

These Terms & Conditions shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict of law principles.

Any legal action arising out of these Terms, the website, or any charter services shall be brought exclusively in the appropriate state or federal courts located within the State of Florida.

To the fullest extent permitted by law, both parties knowingly and voluntarily waive any right to trial by jury.

Severability

If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be modified only to the extent necessary to make it enforceable while preserving the original intent.

Entire Agreement

These Terms & Conditions, together with the Charter Agreement, Weather Policy, Cancellation Policy, Photo & Video Release, Liability Waiver, and any additional policies published by Sunny Bay Cruise & Charter, constitute the complete and entire agreement between the parties.

They supersede all prior oral or written communications, understandings, proposals, negotiations, or agreements relating to the subject matter herein.

No waiver of any provision shall be deemed a continuing waiver unless expressly made in writing by Sunny Bay Cruise & Charter LLC.

Contact Information

Sunny Bay Cruise & Charter LLC

For questions regarding these Terms & Conditions, reservations, cancellations, weather policies, or any other matter, please contact us using the contact information provided on our official website.