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Legal

Cancellation, Rescheduling & Weather Policy

Last updated: September 7, 2026

Effective for direct bookings with Top Fun Charters. By making a reservation, the charterer acknowledges and agrees to the following cancellation, rescheduling, weather and operational policies.

1. Customer cancellations

Reservations cancelled more than 120 hours (5 days) before the scheduled departure time are eligible for a full refund of charter fees paid to Top Fun Charters, less any payment-processing fees actually incurred by Top Fun Charters that are not refunded by the payment processor.

Reservations cancelled between 72 and 120 hours before scheduled departure are eligible, at the charterer's choice, for either a 50% refund of charter fees paid to Top Fun Charters, or a 100% charter credit toward one future charter.

Reservations cancelled less than 72 hours before scheduled departure are nonrefundable and are not eligible for rescheduling or charter credit except where specifically provided elsewhere in this policy.

Failure to appear for a scheduled charter is considered a no-show and is nonrefundable.

2. Customer-requested rescheduling

More than 120 hours before departure, the charterer may reschedule the reservation one time without a rescheduling fee, subject to vessel availability.

Between 72 and 120 hours before departure, the charterer may elect to convert 100% of the charter fees paid into charter credit toward one rescheduled charter rather than accepting the 50% cancellation refund.

The replacement charter must be completed within 12 months of the original charter date and remains subject to availability.

Charter credit applies only to the amount originally paid. If the replacement charter has a higher price because of charter duration, holiday or special-event pricing, seasonal pricing, vessel selection or another applicable difference, the charterer is responsible for the difference.

If the replacement charter costs less than the original reservation, the remaining credit has no cash value and is not refunded.

Within 72 hours of departure, customer-requested rescheduling is treated as a cancellation unless Top Fun Charters expressly agrees otherwise.

3. Weather Guarantee — National Weather Service advisories

Top Fun Charters provides an objective weather guarantee based primarily on official marine weather advisories rather than individual weather-app forecasts or personal opinions about weather conditions.

If the National Weather Service has issued a Small Craft Advisory, Small Craft Advisory for Hazardous Seas, Gale Warning, Storm Warning, Tropical Storm Warning, Hurricane Warning, or a more severe marine warning applicable to waters in which the charter is reasonably expected to operate, and that advisory or warning is in effect during a substantial portion of the scheduled charter, the charterer may choose either 100% charter credit and complimentary rescheduling, or a full refund of charter fees paid to Top Fun Charters.

For purposes of this policy, a substantial portion means 25% or more of the scheduled charter duration.

The existence of an advisory elsewhere in the region that does not reasonably apply to the charter's planned operating waters does not automatically qualify the reservation for weather cancellation.

4. Timing of weather decisions

Florida marine weather can change substantially within a matter of hours.

Weather determinations are therefore generally made within four hours of scheduled departure, when forecasts and actual conditions are more reliable.

Customers should not assume a charter is cancelled based on forecasts several days or even a day in advance.

Top Fun Charters may make a weather determination earlier when conditions are sufficiently certain, including tropical systems, government restrictions, marina closures or other circumstances where waiting until four hours before departure would serve no reasonable purpose.

Unless Top Fun Charters communicates otherwise, customers should assume that their charter remains scheduled.

5. Unpleasant weather vs. unsafe weather

A forecast that is less than ideal does not necessarily mean conditions are unsafe for boating.

Rain, cloud cover, scattered or isolated showers or thunderstorms, forecasted rain percentages, cooler temperatures, heat, humidity, wind, chop, or other unpleasant but reasonably safe conditions do not by themselves qualify for complimentary cancellation or rescheduling.

Likewise, weather information from consumer weather applications or websites does not supersede the criteria established in this policy or the safety judgment of the operating captain.

If no qualifying National Weather Service advisory or warning applies and the captain determines that the charter can reasonably be operated safely, the reservation remains scheduled.

If the charterer elects not to participate because of actual or forecasted weather under those circumstances, the decision is considered a customer cancellation and the standard cancellation terms apply.

6. Captain's independent safety authority

Nothing in this policy limits the authority or responsibility of the properly licensed captain operating the vessel.

Regardless of whether a National Weather Service advisory has been issued, the captain retains independent authority to delay departure, alter the route or itinerary, seek shelter, return to port, or discontinue operation whenever the captain reasonably determines that actual or developing conditions present a safety concern.

Such conditions may include, but are not limited to, lightning, thunderstorms, squalls, waterspouts, poor visibility, hazardous sea conditions, navigational hazards, mechanical concerns or other circumstances affecting safe vessel operation.

If the captain determines before departure that the charter cannot safely operate, the charterer may choose a full charter credit/reschedule or full refund of charter fees paid to Top Fun Charters.

7. Weather delays

When weather is expected to improve within a reasonable period, departure may be delayed rather than the charter being cancelled.

When Top Fun Charters or the operating captain causes the delayed departure, reasonable efforts will be made to provide the charter's originally scheduled duration.

When circumstances make that impossible, Top Fun Charters and the charterer may agree upon an adjusted itinerary, duration, credit or other reasonable accommodation.

8. Weather encountered after departure

Marine weather can develop unexpectedly after a vessel has departed. If the captain terminates a charter early because of unexpected unsafe weather, the following applies.

Less than 25% of the charter completed: Top Fun Charters will provide credit for the unused portion or, at Top Fun Charters' option, a prorated refund.

25% through 50% of the charter completed: The charterer will receive prorated charter credit for the unused portion.

More than 50% of the charter completed: No automatic refund or credit is required. Top Fun Charters may issue a discretionary credit when circumstances warrant.

These provisions apply when the captain terminates the charter for safety reasons, not when a customer simply prefers to return early.

9. Customer requests to return early

No refund, prorated refund or charter credit is due when the charterer or guests voluntarily request to return early because of personal preference, seasickness, fatigue, change of plans, guest behavior, dissatisfaction with otherwise safe weather, or similar circumstances.

10. Tropical weather

If a Tropical Storm Warning, Hurricane Warning, mandatory evacuation, government closure, marina closure, waterway closure or similar official restriction prevents or materially interferes with the charter, the charterer may choose a full charter credit/reschedule or full refund of charter fees paid to Top Fun Charters.

A Tropical Storm Watch, Hurricane Watch, named storm elsewhere in Florida or the existence of a tropical system does not automatically cancel a charter.

Top Fun Charters will evaluate the expected location, timing and effect of the system on the planned charter area.

11. Mechanical failure or vessel unavailability

If Top Fun Charters is unable to provide the reserved vessel because of mechanical failure, casualty, unexpected maintenance or another vessel-related condition preventing the charter from being performed, the charterer may choose a full refund of charter fees paid to Top Fun Charters, or a 100% charter credit/reschedule.

Top Fun Charters may offer an equal or superior substitute vessel when one is reasonably available. The charterer is not required to accept a substitute vessel.

If a substantial mechanical failure after departure prevents the charter from continuing, Top Fun Charters will provide an appropriate prorated refund or charter credit based upon the portion of the charter that could not reasonably be provided.

12. Late arrivals and no-shows

Customers should arrive 15–20 minutes before the scheduled departure time to allow for boarding, paperwork and preparation.

The reserved charter period begins at the scheduled departure time, not when the charterer or guests arrive.

Late arrival does not automatically extend the scheduled return time or entitle the charterer to a refund or credit for time lost.

A charterer who is 30 minutes or more late without communicating with Top Fun Charters may be considered a no-show, and the reservation may be forfeited without refund.

Top Fun Charters may accommodate late arrivals when reasonably possible, but is not obligated to extend the charter beyond its originally scheduled ending time.

13. Illness, transportation problems and personal circumstances

Illness, airline delays, traffic, transportation problems, scheduling conflicts, forgotten identification or belongings, changes in vacation plans, inability of individual guests to attend and similar personal circumstances remain subject to the standard customer cancellation policy.

Top Fun Charters may make exceptions in extraordinary circumstances at its sole discretion.

A discretionary exception made for one reservation does not modify this policy or establish a precedent for future reservations.

14. Changes in guest count

A reduction in the number of guests after booking does not reduce the charter price.

The charterer reserves the vessel and charter period, rather than purchasing individual passenger tickets.

Any increase in guest count remains subject to applicable vessel capacity, charter type, legal requirements and pricing.

15. Captain and crew compensation

When a charterer independently selects, engages and pays a captain or crew member, compensation paid directly to that individual is separate from amounts paid to Top Fun Charters.

Refunds or credits issued by Top Fun Charters apply only to amounts actually received by Top Fun Charters.

Any payment made directly to a captain or crew member is governed by the charterer's separate arrangement with that individual.

Top Fun Charters recommends that separately engaged captains and crew not charge compensation when a charter is cancelled before departure under the Weather Guarantee or because the captain determines the vessel cannot safely depart.

16. Payment-processing fees

For a customer-requested cancellation, Top Fun Charters may deduct payment-processing fees actually incurred and not returned by the payment processor when issuing an otherwise refundable payment, provided such fees were disclosed as nonrefundable.

When Top Fun Charters or the operating captain cancels a charter before departure because of qualifying weather, safety concerns, mechanical failure or vessel unavailability, a customer electing a refund will receive a full refund of charter fees paid to Top Fun Charters without deduction for payment-processing fees.

17. Third-party booking platforms

Reservations made through GetMyBoat, Boatsetter or another third-party booking platform may also be subject to that platform's terms, payment procedures, cancellation policies and refund requirements.

Where a platform's mandatory terms conflict with this policy, the applicable platform terms control the reservation made through that platform.

Any platform fees charged directly by the booking platform are subject to that platform's refund policies and are not controlled by Top Fun Charters.

18. Government restrictions and extraordinary events

If a charter cannot reasonably be performed because of a government order, closure of the marina or navigable waterways, declared emergency, natural disaster, security restriction or another extraordinary circumstance outside Top Fun Charters' reasonable control, Top Fun Charters may reschedule the charter or provide an appropriate refund based upon the circumstances and whether the charter can reasonably be performed.

19. Refund method and timing

Approved refunds will ordinarily be returned to the original payment method.

Processing time after Top Fun Charters initiates a refund may depend upon the customer's bank, credit-card issuer, payment processor or third-party booking platform and is outside Top Fun Charters' control.

20. Acceptance of policy

By completing a reservation, the charterer acknowledges that: Florida weather is inherently changeable; forecasts alone do not determine whether a charter is cancelled; an applicable National Weather Service Small Craft Advisory or more severe marine warning triggers Top Fun Charters' Weather Guarantee as described above; the operating captain always retains independent authority concerning safe vessel operation; and customer-requested cancellations remain subject to the applicable cancellation deadlines.

The charterer acknowledges having reviewed and accepted this Cancellation, Rescheduling & Weather Policy as part of the reservation.

How to request a cancellation or reschedule

All cancellation and rescheduling requests must be made in writing, by email to info@topfuncharters.com or by text to 941-241-2000.

We are unable to acknowledge any verbal, over-the-phone request or voicemail. Please make sure your request is submitted in writing so we have a record of it, and so the time of your request is clear — the deadlines above are measured from your scheduled departure time.

Conduct on board

If a guest's behavior endangers the crew or other guests, or breaks the law, including excessive alcohol consumption or abusive behavior, the captain may end the trip. In that case, no refund or contribution to costs will be provided.

Questions about this policy? Contact us at info@topfuncharters.com.