1. Becoming an operator
These Operator Terms and Conditions apply to boat owners, marinas, rental businesses and other authorized providers (the “Operator”) using the marketplace or white-label services of New Wave Harbor LLC. By selecting the acceptance checkbox, you confirm that you have read these terms and are authorized to act for the business identified in your enquiry.
An enquiry is a request to discuss onboarding. It does not activate a listing, guarantee approval or bookings, authorize a payment, or accept an undisclosed fee schedule. Before activation, the parties must confirm the Operator’s identity, business authority, vessels, required documents, payment settings and applicable commercial agreement.
These terms apply alongside the Terms and Conditions. The Privacy Policy explains how personal information is handled. A separately accepted operator or white-label agreement controls its expressly stated commercial subjects. Mandatory law always prevails. A negotiated policy for one Operator does not apply automatically to another Operator.
2. The roles of the company and independent operators
New Wave Harbor LLC provides technology that connects renters with independent marinas, boat owners, rental businesses, charter providers, and other authorized service providers (“Operators”), and facilitates bookings and payments. The Operator identified in the listing or booking confirmation provides the vessel and trip. New Wave Harbor LLC does not own or operate the listed vessels or provide their captains under these Terms.
The rental or charter agreement is between the renter and the identified Operator. The Operator is responsible for the vessel, its condition, lawful operation, required permits and insurance, crew where supplied, safety instruction, and delivery of the booked service. New Wave Harbor LLC remains responsible for its own express platform and payment obligations and any duties that law imposes on it. Describing the business as a platform does not override its actual legal responsibilities.
A marina name, logo, or branded domain on a white label page does not make that marina and New Wave Harbor LLC the same business. The page must identify the Operator supplying the rental and make the applicable company, Operator, and privacy terms available before payment. A branded email or receipt may be sent using the Services on the Operator’s behalf.
3. Eligibility and account security
You must be at least 18 and legally able to enter a contract to create an account or book through the Services. This is a platform eligibility rule. A vessel, Operator, insurer, captain, or applicable law may impose a higher rental age or additional qualifications, which must be disclosed before booking. Permission for a minor to travel as a passenger does not authorize that minor to rent or operate a vessel.
Provide accurate account, contact, age, payment, and booking information and keep it current. Use your own account and authorized payment method. Protect your password and verification codes, use access permissions appropriate to staff roles, and promptly report suspected unauthorized access. You are responsible for activity you authorize and for your own failure to take reasonable security precautions; these Terms do not make you automatically liable for every unauthorized transaction.
We may request proportionate information to verify eligibility, payment authority, business authority, or compliance. Email or phone verification establishes access to that contact method, not boating competence, a clean background, insurance coverage, or a guarantee of safety. Any separate identity screening must have appropriate notice and legally required authorization.
4. Listings and booking confirmation
Listings must identify the Operator, vessel, location, trip type, availability, permitted activities, passenger capacity, eligibility conditions, and material restrictions. Operators must maintain accurate descriptions and disclose required charges, deposit requirements, cancellation rules, insurance information, and any separate rental or charter documents before a renter commits.
A booking request is not a confirmed reservation until the Services issue a confirmation. Instant bookings and bookings requiring Operator approval will be identified during checkout. The displayed payment schedule explains when funds are authorized or charged. If a request is declined or expires without confirmation, amounts collected for that request will be returned and related holds released, subject to bank processing time.
Review the vessel, dates, departure location, passenger count, total price, rental conditions, and cancellation rules before accepting. A material change to a confirmed booking requires the affected parties’ agreement. An Operator cannot substitute a materially different vessel or impose a newly disclosed mandatory fee without the renter’s agreement or an appropriate cancellation and refund option.
5. Operator obligations and Florida rentals
An Operator must have authority to list and rent the vessel, maintain its registration and required documentation, keep it seaworthy and properly equipped, and comply with applicable vessel, business, tax, accessibility, and consumer laws. It must verify captain credentials and inspection requirements appropriate to the actual trip. A listing badge or a review by New Wave Harbor LLC does not transfer these duties to the company.
An Operator that falls within Florida’s livery rules must maintain the required FWC permit and insurance, provide required safety information and instruction, and obtain the required signed records and written rental agreement. The rental agreement must capture the legally required renter, passenger-count, return-time, and emergency-contact details. Statutory records and insurance acknowledgments must be retained for the applicable periods. Accepting these website Terms alone does not complete those separate requirements.
If renter insurance must be offered and the renter declines it, the Operator must use the required separate acknowledgment and disclose the actual bindable price and other mandated information. No general checkbox in these Terms substitutes for that acknowledgment. The Operator must not offer or conduct an unlawful rental or represent a vessel as insured without valid supporting coverage.
6. Captained trips and bareboat charters
An Operator must correctly identify whether a trip is a rental, a true bareboat charter, or a captained passenger service. Federal requirements depend on the vessel, passenger count, crew arrangement, waters, and actual control of the vessel. Advertising a trip as “bareboat” does not determine its legal classification.
For a true bareboat charter, the arrangement must give the charterer the possession and control required by law, including a genuine right to choose qualified crew where crew are hired. An Operator must not use a nominal bareboat agreement to avoid passenger-vessel inspection, licensing, or safety obligations. Separate charter and captain agreements must accurately describe their roles. New Wave Harbor LLC does not certify that any particular charter structure is lawful.
7. Insurance and acknowledgment of boating risks
Boating involves risks including weather, currents, collision, equipment failure, falls, drowning, injury, death, and property loss. You should assess the activity, your abilities, and the disclosed conditions and take appropriate precautions. This acknowledgment does not waive a duty that cannot lawfully be waived or release any person from liability prohibited by applicable maritime or consumer law.
New Wave Harbor LLC is not an insurer and does not promise that a booking automatically includes insurance, a damage waiver, towing, or trip protection. Any actual protection must be identified separately with the provider, coverage, exclusions, limits, deductible, cost, and claims procedure. An Operator’s commercial policy may protect the Operator without protecting the renter. Statutory obligations to cover a renter or offer coverage remain applicable.
An Operator may require a separately reviewed and lawfully executed rental agreement, safety acknowledgment, or release appropriate to the trip. These Terms are not a substitute for a vessel-specific release, and no blanket release of negligence or minor passenger claims is created by this section.
8. Fees and commercial schedule
Before accepting bookings, the Operator must receive and accept a written schedule covering the commission rate and calculation base, setup or onboarding charges, subscriptions, payment-processing costs, payout costs, refund costs, chargeback costs, additional dispute administration, taxes and optional services. The schedule must identify who pays each charge, when it applies and whether an item has no charge. No fee, penalty, minimum commitment or exclusive arrangement is created merely by submitting the enquiry.
A separately negotiated commercial agreement or offer becomes binding only when its final terms are accepted by the relevant parties. Rates and cancellation arrangements in such an offer are not universal marketplace terms. New fees or material changes must be disclosed prospectively and accepted where required; they do not silently alter existing bookings.
Customer-facing card charges must comply with applicable law, processor terms and card-network rules and be disclosed before payment. Do not apply a blanket card surcharge without confirming the transaction’s eligibility and applicable limits.
9. Booking proceeds, payouts and reserves
Where New Wave Harbor LLC collects rental payments for an Operator, the Operator appoints it as limited collection agent for those payments. Payment through the designated channel satisfies the renter’s corresponding payment obligation. The Operator must not request duplicate payment because a payout is delayed.
Pending and available booking proceeds, transfers to a connected Stripe account, and bank payouts are distinct stages. Transfer timing, the applicable time zone, deductions and reserve arrangements must be specified in the accepted commercial schedule and account configuration. An agreed next-day 11 a.m. transfer batch is subject to funds availability, verification, refunds and disputes; it is not a guarantee of bank receipt at that time.
Only agreed fees and properly attributable adjustments may be deducted. Any reserve must identify its purpose, amount or method of calculation and release conditions. A reserve is separate from a guest’s security deposit. Keep payment-account details current and complete Stripe verification. No wallet or pending balance is represented as an insured bank account or escrow.
10. Cancellations, rescheduling and refund recovery
Maintain accurate cancellation and rescheduling rules and display them before the guest commits. Honor the policy accepted for each booking, including any separately agreed right to cancel before departure for a full refund or rescheduling. Do not impose a new cancellation fee or retain a security deposit contrary to that policy.
If an Operator has expressly accepted a full-refund arrangement, its agreed treatment of customer-facing fees, commission reversal and actual original processing costs must be honored. Original processor costs are distinct from a guest’s refund entitlement. Any allocation of those costs to the Operator must be agreed and documented, without an undisclosed markup. No client-specific full-refund arrangement is imposed on all Operators by this page.
For an approved reschedule, explain and obtain agreement to any price difference before confirming the revised booking. Do not duplicate charges or commissions contrary to the accepted arrangement.
A guest’s valid refund entitlement is not removed because proceeds have already been paid to the Operator. Reconcile recoverable proceeds and agreed adjustments using an itemized record. Recovery from balances or future payouts must follow the accepted agreement; a bank debit requires valid authorization. Refund submission and receipt by the guest’s bank are separate events. Notify the guest of a pending or failed refund rather than representing it as completed.
11. Security-deposit authorizations and claims
A refundable security deposit, temporary card authorization and booking down payment are different. Disclose the amount, timing, purpose and claim procedure before booking. A down payment forms part of the rental price and follows the accepted cancellation policy.
The deposit schedule must be confirmed before activation. Where the configured service provides these options, one-day bookings may use authorization 15 minutes, 30 minutes, one hour or 48 hours before departure; longer bookings may use authorization two days before the scheduled end. These timings do not extend card-network authorization validity or guarantee successful authorization. A hold scheduled near the end of a longer booking does not provide continuous coverage from departure. Agree any necessary alternative with the guest.
For that schedule, New Wave Harbor LLC initiates release of the unused hold 24 hours after the booking ends, subject to earlier authorization expiry. Bank display of the release may take longer. Only supported, disclosed charges may be captured within a valid authorization. An expired hold cannot be treated as available security.
Provide timely check-in and check-out evidence, photographs, an itemized claim and the applicable accepted rental terms. Give the guest notice and a reasonable opportunity to respond. Do not retain amounts for ordinary wear, unsupported damage, undisclosed penalties or losses already recovered elsewhere. Release unused amounts and preserve records of any dispute.
12. Payment disputes and documentation
Cooperate promptly with payment disputes and provide booking confirmations, accepted rental agreements, relevant waivers, customer communications, verification and check-in/check-out evidence. Payment-network deadlines may be shorter than a normal support response period.
Responsibility for a disputed amount, processor dispute charge or additional administration charge must follow the accepted operator agreement and documented circumstances. A chargeback fee is not an ordinary cancellation fee. Proposed dispute amounts, an operator-cancellation penalty or a promise that New Wave Harbor LLC will absorb a loss must be expressly agreed before they apply. A commercial fee schedule applies only to the Operator who accepts it.
New Wave Harbor LLC will communicate the basis of an adjustment and allow the Operator to provide relevant information. Neither party guarantees a bank or card-network dispute outcome.
13. White label services for Operators
Subject to the accepted commercial agreement and payment of agreed charges, New Wave Harbor LLC grants the Operator a limited, nonexclusive, nontransferable right during the service term to use its hosted white label booking tools for the Operator’s authorized business. The Operator retains its brand and content rights; New Wave Harbor LLC retains its software, templates, platform technology, and improvements. Custom work and ownership transfers require a separate written agreement.
The Operator authorizes New Wave Harbor LLC to display its supplied name, logo, listings, prices, and other content and to send properly identified booking communications on its behalf as needed to provide the service. The Operator warrants that it has the necessary rights, keeps information accurate, secures its domain and staff access, and supplies truthful contact and rental information. It may not remove legally required company or privacy disclosures or use branding that misleads customers about the actual rental provider.
Setup charges, recurring fees, commissions, service term, any renewal, cancellation procedure, service levels, support, custom development, domain arrangements, and data-export assistance must be stated in the Operator’s accepted order form or service agreement. No subscription or automatic renewal is created merely by visiting a page or opening an account. Where recurring billing is offered, its frequency, amount or calculation method, renewal terms, and cancellation method must be disclosed and accepted in advance.
Each party must protect personal information it receives. For information processed solely on an Operator’s instructions, the parties must document the authorized purposes, confidentiality and security measures, subprocessors, incident cooperation, rights-request assistance, retention, deletion, and return or export arrangements in an appropriate data-processing agreement. New Wave Harbor LLC’s separate uses for its marketplace accounts, payments, fraud prevention, and legal duties are described in the Privacy Policy and must have an appropriate legal basis.
An Operator may use renter details to fulfill the booking, meet legal duties, and communicate as permitted by law. Receipt of a booking does not grant unrestricted marketing permission. Neither party may reuse an Operator’s customer list for unrelated campaigns or share it with another Operator without an appropriate basis and required notice or consent. SMS consent records are subject to the specific restrictions in the Privacy Policy.
On termination, the Operator’s right to use the hosted tools ends. The parties must address outstanding bookings, funds, records, customer notices, and agreed data export or deletion without misleading customers or defeating mandatory retention duties. Domain ownership, transition periods, export format, and paid transition work must follow the accepted commercial agreement. Service access may depend on third-party hosting, payment, mapping, and communications providers; any guaranteed uptime or remedy must be expressly agreed.
14. Communications and SMS verification
New Wave Harbor LLC may send renters marketplace offers and boat-booking promotions, and send existing or prospective Operators feature announcements, product updates, onboarding invitations, and offers to join our Services, where permitted by law and with consent where required. Promotional emails include an unsubscribe method. Opting out does not stop necessary account, security, booking, payment, or service notices. Email marketing does not authorize promotional SMS or independent marketing by a marina. Our Privacy Policy explains the relevant information use and choices.
We send account, security, booking, payment, cancellation, and other service communications through available channels. Login and password recovery use email. Where the phone-verification feature is enabled, renters may need to verify a number before their first booking and Operators before listing activation. Verification requirements must be displayed at the relevant step.
To request an SMS code, enter a number you control, select the separate SMS consent control, and request the code. The verification program sends one code message per request, with limited resends. Message and data rates may apply. Codes expire as stated in the message; do not share them. This program does not send marketing messages, and marketing consent is not a condition of booking or purchase.
Reply STOP to stop verification texts or HELP for assistance, or contact support@newwaveharbor.com. Opting out may prevent completion of phone verification while that requirement is enabled; contact support about available assistance. Carriers are not liable for delayed or undelivered messages. We will honor applicable revocation requirements. Any future promotional program requires its own notice and legally required consent, separate from these Terms.
15. Content and acceptable use
You retain ownership of content you submit. You grant New Wave Harbor LLC a nonexclusive license to store, reproduce, format, and display it as reasonably needed to operate, support, and promote the relevant listing or Services, subject to the Privacy Policy and your applicable choices. This license does not authorize sale of private messages, use of identification documents in advertising, or use of your likeness as an endorsement without permission. Public reviews may remain subject to applicable deletion rights and lawful retention needs.
Do not submit unlawful, infringing, deceptive, abusive, discriminatory, or malicious content; falsify reviews; impersonate another person; attempt unauthorized access; interfere with the Services; or harvest personal information without authorization. Do not evade an Operator’s agreed company fees by diverting a platform-originated transaction in breach of the Operator agreement. Any remedy must follow that agreement and law; no automatic penalty is created by this paragraph.
New Wave Harbor LLC may investigate reports and remove content or restrict access on reasonable grounds. Honest reviews are allowed, including negative ones; these Terms do not require favorable reviews or impose a penalty for lawful consumer commentary. Report suspected intellectual-property infringement with sufficient information to identify the work, the disputed material, and your authority to complain through support.
16. Guest information and confidentiality
Use guest and business information only for the booking, support, safety, legal compliance and other properly disclosed purposes for which you have a lawful basis. Restrict staff access, protect credentials, maintain appropriate safeguards, and promptly notify New Wave Harbor LLC of suspected unauthorized access affecting shared information. Do not send full card details or security codes by email or chat.
Do not add guests to marketing lists or use their information for unrelated purposes without the required permission. Honor privacy requests and cooperate with applicable retention, deletion and incident-response obligations. Keep information only as long as needed for disclosed purposes and legal obligations.
For white-label services, agree the parties’ data roles, permitted instructions, service providers, security, assistance with requests and data export or deletion before launch. Operator branding does not remove required disclosure of New Wave Harbor LLC or other providers. The Privacy Policy supplies the company’s information-handling disclosures. Protect nonpublic commercial information and disclose it only to authorized persons or where legally required.
17. Availability and information provided by the Services
We use reasonable care in operating the Services, but availability, third-party content, and every listing detail cannot be guaranteed. To the extent permitted by law, the Services are provided as available without additional implied warranties of merchantability, fitness for a particular purpose, or noninfringement. This does not remove an express obligation in these Terms or a guarantee required by law.
Maps, suggested routes, search results, and automated or AI-assisted answers are informational and may be inaccurate or incomplete. They are not navigational charts, emergency services, insurance advice, or confirmation of a booking. Verify material trip information with the Operator and rely on appropriate official navigation and safety sources. Prices and availability are confirmed through the booking process.
18. Liability and third party claims
To the extent permitted by law, New Wave Harbor LLC is not liable for indirect or consequential loss, lost profits, or lost business opportunities arising from use of the Services. For other claims subject to limitation, its aggregate liability arising from the same event or related events is limited to the greater of US$500 or the fees paid by you to New Wave Harbor LLC for its own Services during the 12 months preceding the event.
These exclusions and the cap do not apply to amounts the company must refund or remit, its fraud, gross negligence or willful misconduct, death or personal injury caused by its negligence, or liability that applicable law does not permit it to exclude or limit. Mandatory consumer and maritime rights remain available. The company remains responsible to the extent required by law for its own acts and omissions. This clause does not release an Operator from its own responsibilities.
To the extent permitted by law, you will reimburse New Wave Harbor LLC for a third-party claim and reasonable defense costs to the extent caused by your unlawful conduct, infringement, fraud, or material breach of these Terms. Operators also bear such responsibility for claims caused by their negligent vessel or business operations. No party is required to indemnify the company for the company’s own fault. The company must give prompt notice, allow reasonable participation in the defense, and obtain your consent before a settlement admits fault or imposes a nonmonetary obligation on you; consent must not be unreasonably withheld.
19. Suspension and termination
You may request account closure through support. Closure does not automatically cancel an existing booking, erase lawful payment obligations, or require immediate deletion of legally retained records. Use the booking cancellation process for each reservation.
We may limit, suspend, or terminate access for a material breach, credible fraud or safety concern, legal requirement, or a threat to the Services. Where reasonable, we will give notice and an opportunity to respond or correct the issue; urgent action may be necessary. Affected bookings and funds will be handled under the applicable agreements and law. You may request review through support. Accrued obligations and provisions intended by their nature to survive remain effective.
The accepted commercial agreement must state its duration, renewal, notice period, any minimum commitment, exclusivity and early-termination charges. Proposed defaults such as 30 days’ notice or no minimum commitment do not apply merely because an enquiry was submitted. Ending participation does not erase existing booking, refund, payout, dispute, confidentiality or data-handling obligations.
20. Disputes and governing law
Contact support@newwaveharbor.com with the issue, booking or account reference, and requested resolution. We will try in good faith to resolve it. This does not prevent urgent relief, regulatory complaints, card disputes, or timely filing of a claim.
Florida law governs these Terms, without displacing applicable federal maritime law or mandatory protections that apply to a consumer. Subject to those protections and a court’s jurisdiction, disputes with New Wave Harbor LLC may be brought in the state courts in Broward County, Florida, or the United States District Court for the Southern District of Florida. Consumers retain any right to use another court required by applicable law, including an available small-claims court.
These Terms do not require binding arbitration, waive a jury trial or class proceeding, or shorten a statutory claim period. Any later arbitration agreement requires separate, lawful assent. An Operator’s dispute provision governs a dispute with that Operator only to the extent validly agreed and enforceable.
21. Changes and general provisions
We may update these Terms prospectively, identify the updated date, and notify you of material changes, with fresh acceptance where required. Existing bookings retain their accepted terms unless the parties agree otherwise or law requires a change. Updates will not remove accrued rights.
If a provision is unenforceable, the remainder continues to the extent lawful. Nonenforcement is not a permanent waiver. You may not transfer an account or contractual duties without permission. New Wave Harbor LLC may assign this agreement in a lawful business transfer without reducing mandatory protections. These Terms and the applicable accepted documents constitute the agreement on their subject matter.
Electronic acceptance and records may be used where legally permitted. Keep accessible copies and contact support for access help or available alternatives. Required electronic-consent disclosures must be provided separately. Website posting alone does not replace legally required delivery of notice.
22. Contact
New Wave Harbor LLC, Attention Legal and Privacy 2719 Hollywood Blvd, Suite 5757, Hollywood, FL 33020, USA Phone: +1 (754) 230-0961 Email: support@newwaveharbor.com | Website: https://newwaveharbor.com