Last Updated: October 18, 2026
Effective Date: October 18, 2026
Welcome to The Lux Boat (accessible at theluxboat.com). Please read these Terms of Service ("Terms") carefully. By registering an account, clicking "Sign Up", listing a boat, or booking a rental through our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, you have no right to access or use our services.
1. Overview and Scope of Services
The Lux Boat is operated by its management team based in New York, USA. The platform provides an online software and marketplace that connects independent boat owners ("Owners") who wish to rent out their vessels with renters ("Renters") seeking to rent boats on a daily or hourly basis (collectively, the "Services").
THE LUX BOAT IS NOT A BOAT BROKER, AGENT, OWNER, CHARTERER, MARINE OPERATOR, OR INSURER.
The Lux Boat acts solely as an online technology marketplace platform to facilitate connections between Owners and Renters. We do not own, operate, control, manage, maintain, or furnish any boats, nor do we employ maritime crews. Any agreement for the rental, charter, navigation, or physical operation of a boat is a peer-to-peer contract concluded strictly and directly between the Owner and the Renter.
2. Account Registration, Eligibility, and Boating CVs
- Age Requirement: You must be at least 18 years of age (or older, depending on local maritime laws and insurance requirements) to use the Services, create a listing, or book a boat.
- Boating Credentials & CV: To ensure safety on the water, Renters are required to complete a "Sailing CV" or profile details prior to contacting an Owner or requesting a booking. You warrant that all information submitted in your Boating CV—including past maritime experience, operating licenses, and certifications—is completely truthful, current, and accurate.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized account use.
3. Vessel Operation: Bareboat vs. Captained Charters
Rentals on the platform fall into one of two categories, which dictate specific legal responsibilities:
- Bareboat Rentals (Renter-Operated): If the Renter intends to operate the vessel without a captain provided by the Owner, the Renter warrants that they possess all valid maritime licenses, captain’s licenses, operating credentials, and safety certifications required by local authorities (e.g., the Marine Department of Thailand) for the specific class of vessel booked. The Renter assumes full operational command, navigation, civil liability, and safety responsibility for the vessel.
- Captained Rentals (Crewed): If the rental includes a captain or crew, the selection, hiring, credential-checking, and payment of the captain/crew are strictly handled between the Owner and the Renter. The Lux Boat does not employ, recommend, vet, or provide marine captains. The Lux Boat accepts zero liability for any navigation errors, accidents, negligence, or misconduct committed by captains or crew members.
4. Mandatory Marine Insurance Requirements
- Owner Obligations: Owners are strictly and solely responsible for ensuring that their listed vessel is covered by a valid, up-to-date marine insurance policy that explicitly permits commercial rentals, peer-to-peer charters, and third-party bareboat use. The policy must meet or exceed minimum liability coverage limits required by local maritime regulations where the boat operates.
- Renter Responsibilities: Renters are responsible for verifying the existence, scope, and validity of the vessel’s insurance policy prior to departure.
- Marketplace Disclaimer: The Lux Boat does not provide marine insurance, does not verify policy coverages, and accepts no liability for uninsured, underinsured, or non-compliant voyages.
5. Financial Terms & 10% Platform Fee
- Transparent Pricing: Listing a boat on The Lux Boat is free. Owners set their own rental rates for daily or hourly rentals ("Boat Fees").
- Platform Fee: The Lux Boat charges a flat 10% platform fee on each successful booking transaction. This fee is automatically calculated at checkout and deducted from the payout to the Owner or added to the transaction. There are no hidden fees.
- Payment Processing: All payments are processed through secure third-party payment gateways. By booking a boat or listing a boat, you authorize us (or our payment processors) to charge or remit funds in accordance with these Terms.
- Taxes: Owners and Renters are independently responsible for determining, filing, and paying any applicable local, state, federal, or marine department taxes (including VAT, sales tax, or port fees) arising from platform bookings.
6. Cancellations, Refunds, Security Deposits, and Weather
- Owner Cancellation Policies: Each Owner may establish their own standard cancellation policy for their listings, which will be clearly displayed to the Renter prior to booking. Renters agree to abide by the specific cancellation terms of the booked listing.
- Severe Weather & Force Majeure: Safety on the water is paramount. If a booking must be canceled due to severe, unsafe weather conditions, rough seas, or official small-craft warnings issued by local maritime authorities (e.g., the Thai Meteorological Department), users must coordinate cancellations immediately. The Lux Boat reserves the absolute right to mediate weather disputes and make final determinations regarding full or partial refunds of the transaction or Platform Fee.
- Security Deposits & Damage: Owners may require a security deposit for rentals. Security deposits are handled via platform tools or directly between the Owner and Renter according to the specific listing rules. Renters are fully responsible for any damage caused to a vessel, its equipment, or accessories during their rental period (normal wear and tear excepted).
7. Chargebacks and Payment Disputes (No Penalty Clause)
Renters explicitly agree to exhaust all customer support and dispute resolution avenues directly through The Lux Boat's internal systems before initiating a chargeback or payment dispute with their credit card issuer, bank, or payment processor. If a Renter initiates an unauthorized chargeback that is subsequently found to be invalid, fraudulent, or in violation of these Terms, the Renter agrees to reimburse The Lux Boat for the full amount of the reversed charge, plus an administrative recovery fee of $100 USD to cover processing costs and collection efforts.
8. User Conduct and Prohibited Activities
When using The Lux Boat, you agree to comply with all local, state, federal, and international maritime laws. You agree not to:
- Violate any maritime laws, navigation rules, drug/contraband restrictions, or safety regulations.
- Circumvent the Platform: You are strictly prohibited from connecting with users via The Lux Boat and completing transactions independently off-platform to avoid the 10% platform fee. Circumvention results in immediate account termination.
- List any boat that you do not own, do not possess a clean title for, or do not have explicit legal and regulatory authorization to rent out.
- Use automated scripts, scrapers, or bots to harvest data from the website.
- Harass, stalk, or post inappropriate content regarding other users, owners, or guests.
9. Disclaimers & Absolute Assumption of Risk
USE OF THE SERVICES AND PARTICIPATION IN ANY BOAT RENTAL IS ENTIRELY AT YOUR OWN RISK.
The Services and all content are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. The Lux Boat explicitly disclaims all warranties of merchantability, fitness for a particular purpose, seaworthiness, and non-infringement.
The Lux Boat does not conduct mandatory criminal background checks on users and does not physically inspect the condition, seaworthiness, hull integrity, mechanical functionality, or safety equipment (such as life jackets or flares) of any listed boats. Owners and Renters are solely responsible for conducting physical walk-throughs, inspecting safety gear, and verifying credentials before embarking on any rental.
10. Limitation of Liability (Absolute Protection)
To the maximum extent permitted by law, The Lux Boat, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, exemplary, or consequential damages. This includes, without limitation, lost profits, loss of data, commercial interruption, personal injury, bodily injury, illness, drowning, or property damage arising out of or in connection with your use of the Services, any boat rental, vessel mechanical failures, captain negligence, or interactions with other users, even if advised of the possibility of such damages.
In no event shall The Lux Boat’s aggregate liability exceed the total fees paid by you to The Lux Boat in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.
11. Indemnification (User Pays Your Expenses)
You agree to release, defend, indemnify, and hold harmless The Lux Boat and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal, court, and accounting fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your interaction with any user, Owner, or Renter; or (c) your listing, booking, mechanical operation, navigation, or physical use of any boat.
12. Governing Law and Dispute Resolution
- Governing Law: These Terms, and all claims or disputes arising out of or relating to them, shall be governed by, interpreted, and enforced in accordance with the laws of the State of New York, USA, without regard to conflict of law principles.
- Dispute Resolution & Arbitration: Any disputes, controversies, or claims arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding individual arbitration rather than in court. The arbitration shall be conducted in the State of New York, USA, in accordance with the rules of the American Arbitration Association (AAA) or JAMS currently in force. You explicitly waive any right to a jury trial or to participate in a class-action lawsuit against The Lux Boat.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Email: support@theluxboat.com Address: New York, USA