Terms and Conditions
Newport Fun Tours
Effective date: 9/15/23
Last updated: 9/15/23
Agreement to these Terms
These Terms and Conditions (“Terms”) govern your access to and use of newportfuntours.com (the “Site”), your reservation and use of any boat, kayak, paddleboard, or other watercraft or equipment we rent (the “Equipment”), and your participation in any tour, cruise, or activity we operate (each, a “Rental”).
“We,” “us,” “our,” and “Newport Fun Tours” mean [FULL LEGAL ENTITY NAME, e.g. “Newport Fun Tours & Rentals, LLC”], a [California limited liability company]. “You” means the person making the reservation, the person operating the Equipment, and every member of your party.
By booking a Rental, using the Site, or boarding any Equipment, you agree to these Terms. If you are booking on behalf of others, you represent that you are authorized to accept these Terms for every member of your party, and you are responsible for making them aware of these Terms. If you do not agree, do not book and do not board.
These Terms incorporate our Rental Policies and our Privacy Policy by reference. Where a specific Rental Policy conflicts with these Terms, the Rental Policies control as to that specific subject.
Reservations, Pricing, and Payment
Reservations. Reservations are confirmed at the time of booking. A reservation is for a specific vessel type, date, and departure time, and is not transferable to another date or time except as described in Section 3.
Pricing. Pricing varies by vessel type, location, rental duration, date, and demand. Prices published on the Site or on our booking platform are subject to change at any time before a reservation is confirmed. The price shown at the time your reservation is confirmed is the price that applies to that reservation.
Payment. Full payment is due at the time of booking unless we expressly agree otherwise in writing. We accept Cash, Visa, MX, Discovery and all other major Credit Cards, Apple pay and Google Pay. By providing a payment method, you authorize us to charge it for the Rental and for any additional amounts you owe under these Terms, including fees described in Sections 3, 4, 8, and 9.
Taxes and fees. Quoted prices [do / do not] include applicable taxes and fees. Any government-imposed tax, harbor fee, or launch fee is your responsibility.
Third-party vouchers and deal sites. Rentals purchased through a third-party voucher or deal platform are additionally subject to the terms printed on that voucher and to any blackout dates, capacity limits, or redemption windows stated at the time of purchase. Third-party vouchers are not accepted on holidays or holiday weekends. A voucher does not guarantee availability on a specific date or time; you must still make a reservation, and reservations are subject to availability.
Cancellations, Rescheduling, and No-Shows
Reservations are non-refundable. If you cancel, we will issue a credit toward a future trip rather than a refund.
Rescheduling. You may reschedule at no charge up to 72 hours before your scheduled departure time. Changes made within 72 hours of departure are subject to a $10 rescheduling fee. Some seasonal or event products carry different rescheduling terms, which are disclosed on the product page at the time of booking and control over this paragraph for those products.
No-shows and late arrivals. If you do not arrive at your scheduled departure time, your payment is forfeited. If you arrive late, your Rental will end at its originally scheduled end time and no refund, credit, or extension is given for the missed time. Rentals may be released after [15] minutes past the scheduled departure time.
Cancellation by us. We may cancel, shorten, delay, or reschedule any Rental at our discretion for reasons including weather, sea or harbor conditions, mechanical issues, equipment availability, staffing, government or harbor-authority direction, or safety. If we cancel for any of these reasons, you will receive a reschedule or a credit toward a future trip. This is your sole and exclusive remedy for a cancellation by us, and we are not responsible for any other cost you incur, including travel, lodging, parking, meals, or event tickets.
Weather. We operate in light rain and normal conditions. If heavy rain or high winds make boating unsafe, we will reschedule your trip or issue a credit for a future adventure. The decision on whether conditions are safe is ours alone.
Fees and Additional Charges
The following charges may apply in addition to the Rental price. You authorize us to charge your payment method on file for any of them.
Charge | Amount |
Pet fee (per reservation) | $25 |
Rescheduling within 72 hours of departure | $10 |
Late return | [$30 per each 15 minutes or portion thereof] |
Excess cleaning (including but not limited to spills, bodily fluids, sand, bait, glitter, confetti, or excessive trash) | [$50 minimum, or actual cost] |
Lost, damaged, or unreturned equipment (including but not limited to life jackets, anchors, keys, cushions, speakers, coolers) | Replacement cost |
Damage to the vessel | Actual repair cost |
Vessel recovery, towing, or salvage caused by your operation | Actual cost |
Fuel, where applicable | [Full-to-full / actual cost] |
Service animals are always welcome at no charge and are not subject to the pet fee.
These fees are standard business policies applicable to all customers regardless of how the Rental was purchased, including Rentals purchased through third-party voucher platforms.
Eligibility, Operator Requirements, and Identification
Minimum age. The person who signs the rental agreement and operates the Equipment must be at least [21] years old. A valid government-issued photo identification is required at check-in and must match the name on the reservation and the payment method.
Operator responsibility. The operator is responsible for operating the Equipment safely, lawfully, and in accordance with our instructions, all applicable federal and California law, United States Coast Guard requirements, and all Newport Harbor and City of Newport Beach rules.
Licensing. Some of our vessels are low-horsepower electric vessels that do not require a California Boater Card under California Harbors and Navigation Code section 678.11 and its implementing regulations. Other vessels may require one. It is your responsibility to hold and carry any license, card, or certification that California law requires for the specific vessel you rent. If you are unsure, ask us before you book. We will tell you at the time of booking and at check-in which category your vessel falls into. Nothing on our Site or in our advertising is a representation that no license is required for every vessel in our fleet.
Instruction. You must complete our pre-departure safety briefing before operating the Equipment. Completing the briefing does not make you a trained or licensed mariner and does not transfer any responsibility for safe operation to us.
Refusal of service. We may refuse or terminate a Rental, without refund, if in our sole judgment any member of your party is intoxicated, impaired, unable to safely operate the Equipment, under the required age, unable to produce required identification, abusive to staff or other harbor users, or in violation of these Terms.
Passenger Capacity
Capacity is a strict head count set by law. An 8-passenger boat allows 8 people. A 12-passenger boat allows 12 people. Infants and small children each count as one passenger. Capacity is not a weight guideline and is not negotiable. Overloading a vessel is unlawful and unsafe.
If your party arrives exceeding the legal capacity of the reserved vessel, you may, subject to availability, upgrade to a larger vessel at the applicable price difference, or reduce your party to the legal capacity. If neither is possible, the Rental is treated as a no-show and payment is forfeited.
Rules of Use and Prohibited Conduct
While using the Equipment, you and your party agree that you will not:
- Operate the Equipment while under the influence of alcohol, cannabis, or any drug. Boating under the influence is a criminal offense under California law.
- Smoke or vape on board. Smoking and vaping are not permitted.
- Exceed the stated passenger capacity.
- Operate outside the permitted operating area described in your safety briefing, or leave the harbor, cross the harbor entrance, or enter open ocean water.
- Swim, dive, jump, or enter the water from the Equipment.
- Sit, stand, or ride on the bow, gunwales, roof, transom, or any surface not designed for seating while underway.
- Tow any person or object.
- Beach, ground, raft, moor, or tie up to any dock, buoy, mooring, vessel, or private property except as expressly permitted in your briefing.
- Operate the Equipment in an unsafe, reckless, or negligent manner, or at a speed above the posted harbor limit.
- Allow any person other than the authorized operator identified at check-in to operate the Equipment.
- Use the Equipment for any commercial purpose, charter, instruction, or for-hire activity.
- Bring glass containers, kegs, firearms, weapons, fireworks, open flame, grills, illegal substances, or any item we identify as prohibited at check-in.
- Interfere with parade vessels, race committees, wildlife, commercial traffic, or emergency vessels.
Alcohol. [Guests of legal drinking age may bring their own alcohol aboard for consumption by passengers only. The operator must remain sober. Glass containers are prohibited.] — confirm this reflects your actual policy before publishing.
Life jackets. United States Coast Guard-approved life jackets are provided. Federal and California law require children under 13 to wear a life jacket at all times while aboard a vessel under 26 feet that is underway. You are responsible for compliance.
Violation of any rule in this Section may result in immediate termination of the Rental without refund, and you remain responsible for all resulting damage, fees, fines, and costs.
Damage, Loss, and Responsibility for the Equipment
You accept the Equipment in its current condition and are responsible for returning it in the same condition, ordinary wear excepted.
You are responsible for all loss of or damage to the Equipment occurring during your Rental, regardless of fault, including damage caused by any member of your party, and including damage to third-party property, docks, moorings, or other vessels caused by your operation. This includes the full cost of repair, replacement, towing, recovery, salvage, and loss of use while the Equipment is out of service.
Authorization to charge. You authorize us to charge the payment method on file for these amounts. We will provide an itemized statement on request.
Report immediately. You must report any accident, collision, grounding, injury, mechanical problem, or contact with another vessel or structure to us immediately by calling 949-675-8433, and must not leave the scene of any incident involving injury or property damage.
Return of Equipment
You must return the Equipment to the designated return location by the scheduled end time. Late returns disrupt subsequent reservations and are subject to the late fee in Section 4. If the Equipment is not returned and you cannot be reached, we may report the vessel as unreturned to the Newport Beach Police Department and the Orange County Sheriff’s Harbor Patrol, and you are responsible for all associated recovery costs.
Assumption of Risk
Boating and water activities are inherently dangerous. Risks include, without limitation: drowning; capsizing; collision; falls; slips on wet surfaces; contact with propellers, docks, moorings, pilings, or other vessels; sudden changes in weather, wind, tide, current, or visibility; vessel traffic; equipment failure; sunburn, heat illness, and hypothermia; contact with marine life; water quality; and the negligent conduct of other people on the water.
You knowingly and voluntarily assume all such risks, whether or not they are described here, on behalf of yourself and every member of your party, including any minor for whom you are a parent or legal guardian.
You represent that each member of your party is in sufficient physical condition to participate, is not under the influence of any substance that impairs judgment or coordination, and has disclosed to us any medical condition that could affect their safety or the safety of others.
Release and Waiver of Liability
To the fullest extent permitted by law, you release, waive, and discharge Newport Fun Tours and its owners, members, officers, employees, agents, contractors, vessel owners, and affiliates (the “Released Parties”) from any and all claims, demands, damages, actions, and causes of action arising out of or related to your Rental, your use of the Equipment, or your presence at our facilities, including claims based on the ordinary negligence of the Released Parties.
This release does not apply to gross negligence, recklessness, or willful misconduct, and does not waive any right that cannot be waived under California law. Nothing in these Terms limits liability for personal injury caused by our gross negligence or willful misconduct, or any other liability that California law does not permit us to limit.
You may be required to sign a separate written liability waiver at check-in. That waiver is in addition to, and not in place of, this Section.
Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claim, liability, loss, fine, penalty, damage, or expense, including reasonable attorneys’ fees, arising out of or related to: your Rental; your operation or use of the Equipment; any act or omission by you or any member of your party; any injury or property damage you cause to any third party; any violation of these Terms; or any violation of law, harbor rule, or regulation by you or your party.
Limitation of Liability
To the fullest extent permitted by law:
- The Released Parties are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost enjoyment, or costs of substitute services, arising out of or related to your Rental or the Site.
- The total aggregate liability of the Released Parties for any claim arising out of or related to a Rental will not exceed the amount you actually paid for that Rental.
- The Released Parties are not responsible for any loss, theft, or damage to personal property brought aboard the Equipment or left at our facility or in a vehicle, including phones, keys, sunglasses, jewelry, cameras, coolers, and clothing.
- The Released Parties are not responsible for parking, and management is not responsible for personal injury or for loss of or damage to any vehicle or its contents at our location.
Insurance
You are responsible for confirming whether your personal insurance covers your operation of rented watercraft. [We do not provide any form of damage waiver, collision coverage, or personal injury coverage to renters, and any insurance we carry is for our own benefit and does not extend to you.]
- Media and Photography
We may photograph or record Rentals, facilities, and harbor operations for safety, training, and promotional purposes. By participating in a Rental, you grant us a perpetual, royalty-free, worldwide license to use your likeness and the likeness of members of your party in photographs, video, and other media for marketing and promotional purposes, without further notice or compensation. If you do not wish to be included, tell a staff member at check-in and we will accommodate the request.
- Promotional Codes, Credits, and Gift Cards
Promotional codes and discounts are valid only for the products, dates, and periods stated, cannot be combined with any other offer or third-party voucher unless expressly stated, have no cash value, and may be modified or withdrawn at any time before a booking is confirmed. Credits issued in place of a refund are valid for [12 months] from the date of issue, are not redeemable for cash, and are not transferable unless we agree in writing.
Use of the Site
The Site and all of its content, including text, photographs, video, graphics, logos, and the Newport Fun Tours name and marks, are owned by us or our licensors and are protected by intellectual property law. You may not copy, reproduce, republish, scrape, or use any of it for commercial purposes without our prior written permission.
We work to keep pricing, availability, schedules, and descriptions accurate, but the Site may contain errors, inaccuracies, or omissions. We reserve the right to correct any error and to cancel any reservation made on the basis of an incorrect price or description, in which case we will issue a full refund of amounts paid for that reservation.
Communications and Marketing Consent
By providing your email address or mobile number, you consent to receive transactional messages about your reservation. If you opt in to marketing messages, you consent to receive recurring marketing emails and text messages from us. Message and data rates may apply. You may unsubscribe from marketing email at any time using the link in any message, and may stop text messages by replying STOP. Consent to marketing is not a condition of purchase. Our handling of your personal information is described in our Privacy Policy.
Governing Law, Venue, and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. [To the extent any claim arises under federal maritime law, that law applies.]
Informal resolution first. Before filing any claim, you agree to contact us at [LEGAL CONTACT EMAIL] and give us 30 days to attempt to resolve the dispute informally.
General
Changes. We may update these Terms at any time. The version in effect at the time you confirm a reservation governs that reservation. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Entire agreement. These Terms, together with the Rental Policies, the Privacy Policy, and any waiver you sign at check-in, are the entire agreement between you and us regarding your Rental and supersede any prior understanding or representation, including any statement made in advertising or by any third-party reseller.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including weather, natural disaster, fire, war, civil unrest, labor action, utility or supply failure, public-health emergency, or action by any government or harbor authority.
Assignment. You may not assign or transfer your reservation or any rights under these Terms without our prior written consent.
Contact
Newport Fun Tours
2901 W. Coast Hwy, Suite 160
Newport Beach, CA 92663
949-675-8433
[info@newportfuntours.com]
Sources for the policy terms restated above: Newport Fun Tours Rental Policies and Newport Fun Tours FAQ. California operator and licensing requirements referenced in Section 5 are described by the California Boater Card program and California State Parks Division of Boating and Waterways.