Website Use Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "Guest") and SeaMiYa Charter Services ("SeaMiYa," "we," "our," or "us"), a company incorporated and operating under the laws of Jamaica operating under Ituxia Limited.

By accessing our website or booking any of our services, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree to these Terms, please do not use our website or services.

1. Definitions

• "Services" refers to all boat charter offerings provided by SeaMiYa, including private boat charters, fishing trips, party and event charters, and any associated activities.
• "Website" refers to the SeaMiYa website and all related digital platforms, booking systems, and online tools.
• "Booking" refers to any confirmed reservation made through our website or other approved channels.
• "Charter" refers to the rental or hire of a vessel and its crew for a specified period and purpose.
• "Guest" refers to any individual participating in a chartered experience booked through SeaMiYa.

2. Website Use & Eligibility

2.1 Eligibility

You must be at least 18 years of age to create an account, make a booking, or enter into this agreement. By using this website, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

2.2 Account Responsibility

When you create an account on our website, you are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. SeaMiYa shall not be liable for any loss or damage arising from your failure to protect your account information.

2.3 Acceptable Use

You agree not to use this website to:

• Submit false, misleading, or fraudulent bookings or information
• Violate any applicable local, national, or international law or regulation
• Attempt to gain unauthorized access to any part of the website or its related systems
• Engage in any conduct that damages, disrupts, or impairs the website's functionality
• Use automated tools, bots, or scrapers to collect data from the website without our express written consent

3. Bookings & Reservations

3.1 Making a Booking

All bookings are subject to availability and confirmation by SeaMiYa. A booking is only confirmed once you receive a written confirmation from us via email. We reserve the right to decline any booking at our discretion.

3.2 Accuracy of Information

You are responsible for ensuring that all booking details, including dates, number of guests, requested services, and contact information, are accurate at the time of booking. SeaMiYa is not responsible for errors resulting from incorrect information provided by the customer.

3.3 Group Size

The maximum number of guests permitted on any charter is determined by the vessel's certified capacity and applicable maritime safety regulations under Jamaican law. Exceeding the stated capacity is strictly prohibited and may result in immediate cancellation without a refund.

4. Payments & Pricing

4.1 Payment Terms

SeaMiYa accepts online payments via our secure payment gateway. All prices are quoted in United States Dollars (USD) or Jamaican Dollars (JMD) as displayed at the time of booking. Full payment or a deposit (as indicated during checkout) is required to confirm your booking.

4.2 Deposits

Where a deposit is required, the remaining balance must be paid no later than the date specified in your booking confirmation. Failure to complete payment by the due date may result in cancellation of your booking.

4.3 Pricing Changes

Prices displayed on the website are subject to change without notice. However, once a booking is confirmed and payment is received, the price will not be altered unless additional services are requested or there is a significant change to your booking.

4.4 Taxes & Fees

All applicable taxes, port fees, and government levies required under Jamaican law are either included in the displayed price or itemized during checkout. SeaMiYa reserves the right to pass on any new or increased government-imposed fees that come into effect after your booking is confirmed.

5. Cancellations & Refunds

5.1 Customer Cancellations

The following cancellation policy applies to all bookings:

• 30+ days before charter: Full refund, minus any applicable processing fees
• 15-30 days before charter: 50% refund of the total booking value
• Less than 15 days: No refund

All cancellation requests must be submitted in writing via email to our official contact address.

5.2 SeaMiYa Cancellations

SeaMiYa reserves the right to cancel or reschedule a charter due to adverse weather conditions, mechanical issues, safety concerns, or other circumstances beyond our control. In such cases, customers will be offered a full refund or the option to reschedule at no additional charge.

5.3 No-Shows

Customers who fail to appear at the designated departure point at the agreed time without prior notice will be treated as a cancellation with no refund.

6. Charter Services

6.1 Boat Charters & Rentals

SeaMiYa provides private and group boat charter experiences. All vessels are operated by licensed and experienced captains. Passengers are required to follow all instructions given by the captain and crew at all times.

6.2 Fishing Trips

Fishing trips are subject to applicable Jamaican fishing regulations and seasonal availability of fish species. SeaMiYa does not guarantee specific catches. All required fishing permits and licenses are the responsibility of the customer unless otherwise stated in the booking.

6.3 Party & Event Charters

Party and event charters are subject to the following additional conditions:

• Consumption of alcohol is permitted only by guests aged 18 and over in compliance with Jamaican law
• SeaMiYa reserves the right to remove any guest from the vessel who is deemed to be intoxicated to a degree that poses a risk to themselves or others
• Illegal substances are strictly prohibited on all vessels
• Damage to the vessel or equipment caused by guests during an event charter will be charged to the booking party

6.4 Safety

All guests are required to wear life jackets when instructed by the crew. SeaMiYa vessels are equipped with standard safety equipment in compliance with Jamaican maritime regulations. Guests participate in all water activities at their own risk unless otherwise specified.

7. Limitation of Liability

To the fullest extent permitted by applicable Jamaican law, SeaMiYa, its directors, employees, and agents shall not be liable for:

• Any injury, illness, death, loss, or damage to personal property occurring during or in connection with a charter, except where such injury or loss is caused by our proven gross negligence
• Any indirect, incidental, or consequential loss, including loss of enjoyment or loss of earnings
• Delays, modifications, or cancellations caused by weather, mechanical failure, or events beyond our reasonable control (force majeure)
• In no event shall SeaMiYa's total liability to any customer exceed the amount paid by that customer for the specific charter in question

8. Guest Responsibilities

Guests are responsible for disclosing any medical conditions, physical limitations, or special needs that may affect their safety or participation prior to the charter. SeaMiYa reserves the right to refuse participation to any guest whose condition may pose a risk to themselves or others.

All guests are expected to behave in a respectful manner toward crew members and fellow guests. SeaMiYa reserves the right to remove any guest who engages in aggressive, abusive, or disruptive behavior without a refund.

Guests are responsible for any damage they cause to the vessel, equipment, or property of SeaMiYa and will be liable for the full cost of repair or replacement.

9. Intellectual Property

All content on this website, including text, images, logos, graphics, and design elements, is the exclusive property of SeaMiYa Charter Services and is protected under applicable intellectual property laws. You may not reproduce, distribute, or use any content from this website without our express written permission.

By submitting reviews, photos, or other content through our website or social media channels, you grant SeaMiYa a non-exclusive, royalty-free licence to use, reproduce, and publish that content for promotional and operational purposes.

10. Privacy & Data Protection

SeaMiYa is committed to protecting your personal data. We collect and process your information solely for the purpose of managing your bookings, processing payments, and improving our services. Your data is stored securely and will never be sold to third parties.

By using our website and booking our services, you consent to the collection and use of your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Jamaica. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Jamaica.

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, the matter may be referred to mediation before proceeding to formal legal action.

12. Amendments to These Terms

SeaMiYa reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website or services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.