KymmaBoats LLC — Terms & Conditions of Use
Last Updated: 20 February 2026
Company: KymmaBoats LLC, California, USA (“KymmaBoats”, “we”, “us”, “Platform”)
These Terms & Conditions (“Terms”) govern your access to and use of KymmaBoats’ website(s), applications, tools, content, customer support, and related services (collectively, the “Platform”). By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Scope — International Use — Mandatory Consumer Rights
1.1. International marketplace. The Platform is available globally and facilitates bookings/charters/experiences offered by independent third-party providers.
1.2. Mandatory consumer protections. These Terms apply to the maximum extent permitted by law. If you are a consumer, you may have non-waivable rights under the laws of your country of residence (including certain EU consumer protections) which prevail over conflicting terms to the extent required.
1.3. Electronic contracting. You agree that clicking “I Agree”, “Book”, “Pay”, or similar, constitutes your electronic signature and acceptance of these Terms.
2. Definitions
Customer / You: Any user browsing or booking through the Platform.
Partner / Provider: The charter company, owner, operator, skipper, or experience provider offering the service.
Booking: A reservation request and, once accepted/confirmed under Section 6, a confirmed booking.
Total Price: The total amount payable by the Customer at checkout for the Booking (including the Platform Fee if applicable).
Platform Fee: Our service fee for providing the Platform and support services, disclosed as part of the Total Price at checkout and/or on-screen confirmation.
3. Our Role — “Platform Only” (No Provider / No Agency)
3.1. We are not the service provider. KymmaBoats is a technology marketplace that facilitates discovery and booking. We do not own, manage, operate, charter, or crew any vessel, and we do not provide the underlying charter/experience.
3.2. Contract is between Customer and Partner. Any charter/experience contract is entered into directly between the Customer and the Partner.
3.3. No agency / employment. Partners are independent third parties. Nothing in these Terms creates an agency, partnership, employment, or joint venture relationship between KymmaBoats and any Partner.
3.4. Partner verification (limited). We may perform limited checks (e.g., basic business information, availability data consistency, reviews, documentation requests), but we do not guarantee the Partner’s quality, safety, legal compliance, or performance.
4. Eligibility — Minors — Account
4.1. Adults only. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Platform and make bookings.
4.2. No use by minors. The Platform is not intended for minors. We do not knowingly collect personal data from minors. If you believe a minor has provided data, contact us at privacy@kymmaboats.com.
4.3. Account accuracy. You agree to provide accurate and complete information and keep it updated.
5. Listings — Content — Availability
5.1. Information provided by Partners. Listings (photos, descriptions, equipment, availability, pricing rules, cancellation rules) are provided by Partners and/or third-party systems.
5.2. No guarantee of accuracy. We aim to keep information current but cannot guarantee accuracy at all times.
5.3. Prohibited listings. Misleading or unlawful listings are prohibited and may be removed or suspended.
6. Booking Process — When a Booking is Confirmed
6.1. Request vs confirmation. Submitting a booking request does not guarantee acceptance. A booking is confirmed only when you receive an on-screen confirmation and/or confirmation email stating “Confirmed/Accepted” (or similar).
6.2. Partner acceptance. Acceptance may depend on Partner confirmation, availability, eligibility, payment authorization, and compliance checks.
6.3. Corrections. If a material error occurs (e.g., obvious pricing mistake), we may cancel and refund amounts paid, to the extent permitted by law.
7. Pricing — All-In Price — Platform Fee — Taxes & Extras
7.1. All-in Total Price. Before you complete payment, you will be shown the Total Price payable by you for the Booking (“all-in price”), including any Platform Fee that applies.
7.2. Platform Fee disclosure. The Platform Fee is part of the Total Price and is disclosed at checkout and/or on-screen confirmation.
7.3. Partner commission (B2B). Any commission or commercial fee paid by a Partner to KymmaBoats is a B2B arrangement between KymmaBoats and the Partner and is not a charge to the Customer. We are not required to disclose that internal B2B commercial arrangement to Customers, provided the Total Price you pay is clear and correct.
7.4. Taxes, mandatory charges, and extras. Some amounts may be payable directly to the Partner or locally (e.g., fuel, skipper, provisioning, marina/port fees, local taxes, deposits, optional extras). Any material charges not included in the Total Price should be shown in the listing and/or clearly disclosed during checkout and/or prior to boarding, depending on the Partner’s policy and local requirements.
7.5. Currency. Prices may be shown in different currencies; exchange rates and bank fees may apply.
8. Payments — Card Authorization — Installments — Bank Transfer
8.1. Payment processor. Payments may be processed by third-party processors (e.g., Stripe) under their terms.
8.2. Authorization & card on file. By booking, you authorize KymmaBoats and/or the payment processor to charge your payment method for the amounts due (including installments, if you choose a plan), including off-session charges on scheduled dates.
8.3. SCA/PSD2 (EEA/UK). If required, you may be asked to complete Strong Customer Authentication (SCA). You agree to cooperate with authentication steps.
8.4. Bank transfer option. Where offered, you may select bank transfer. If the transfer is not received by the stated due date, the Booking may be cancelled or your saved card may be charged where you have authorized a backup method (if applicable and permitted). Proof of transfer (receipt) may be requested to hold the booking until funds are cleared.
8.5. Failed payments. If a payment fails, we may suspend or cancel the Booking and/or request an alternative method.
9. Security Deposit — Damage — On-site Payments
9.1. Deposits and damage. Deposits and damage claims are managed by Partners under their terms and local law.
9.2. We facilitate, we do not hold liability. Unless expressly stated, KymmaBoats does not hold the deposit and is not responsible for deposit disputes, but we may assist with communication.
10. Cancellations — Changes — No-Show
10.1. Cancellation policy applies. Cancellations, changes, refunds, and credits are governed by the applicable cancellation policy shown to you before purchase and referenced at checkout.
10.2. Cancellation Policy URL: /cancellation-policy
10.3. No-show. Failure to appear may result in charges as defined by the applicable policy.
10.4. Right of withdrawal (EU). Services for leisure activities provided on a specific date or period are generally excluded from the EU 14-day withdrawal right. Where mandatory law grants you a withdrawal or refund right, it will apply notwithstanding these Terms.
11. User Obligations — Prohibited Use
11.1. You agree to use the Platform lawfully and not to:
(a) violate laws, regulations, sanctions, or safety rules;
(b) misrepresent identity or booking intent;
(c) interfere with the Platform (including scraping, crawling, or automated access) without our written permission;
(d) upload malware or attempt unauthorized access.
12. Reviews & User Content
12.1. Your content. If you post reviews, photos, or other content (“User Content”), you represent you have rights to it.
12.2. License. You grant KymmaBoats a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, distribute, display, and use your User Content for operating, improving, and marketing the Platform, subject to applicable law.
12.3. Moderation. We may remove content that violates these Terms.
13. Intellectual Property — DMCA
13.1. The Platform and its content (excluding Partner content and User Content) are owned by KymmaBoats or licensors and protected by IP laws.
13.2. IP / DMCA contact: legal@kymmaboats.com
14. Disclaimer — Limitation of Liability
14.1. Disclaimer. The Platform is provided “as is” and “as available.” We do not warrant uninterrupted operation or error-free listings.
14.2. Partner services. Partners are solely responsible for their services, safety, compliance, insurance, and performance.
14.3. Limitation. To the maximum extent permitted by law, KymmaBoats will not be liable for indirect, incidental, special, consequential, or punitive damages. KymmaBoats’ total liability for any claim relating to a Booking is limited to the amount paid to KymmaBoats as the Platform Fee (if any) for that Booking.
14.4. Mandatory carve-outs. Nothing in these Terms limits liability where prohibited by law, including for fraud, intentional misconduct, or gross negligence, and certain mandatory consumer rights.
15. Indemnity
You agree to indemnify and hold harmless KymmaBoats from claims arising out of your unlawful use of the Platform, your breach of these Terms, or your User Content, to the extent permitted by law.
16. Privacy — Cookies — Opt-Out
16.1. Privacy Policy URL: /privacy-policy
16.2. We process personal data as described in our Privacy Policy, including cookie/analytics disclosures and your rights under applicable law (e.g., GDPR/UK GDPR, CCPA/CPRA where applicable).
16.3. Do Not Sell or Share (Opt-Out) URL: /do-not-sell-or-share
16.4. Contact: privacy@kymmaboats.com
17. Compliance — Sanctions
You represent that you are not subject to sanctions and will not use the Platform in violation of applicable sanctions laws (including US, EU, and UK sanctions, where applicable).
18. Notices — Contact Details — Registered Agent
18.1. Customer support: support@kymmaboats.com
18.2. Privacy: privacy@kymmaboats.com
18.3. Legal notices: legal@kymmaboats.com
18.4. Official address / Registered agent (California): Registered Agents Inc, 1401 21st Street Suite R, Sacramento, CA 95811, USA
19. Changes to Terms
We may update these Terms from time to time. Material changes will be notified via the Platform and/or email where required. Continued use after the effective date means acceptance.
20. Disputes — Informal Resolution — Courts — Class Action Waiver — Arbitration (Limited)
20.1. Informal resolution first. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally within 30 days by emailing legal@kymmaboats.com.
20.2. Courts / venue. Unless mandatory consumer law provides otherwise, disputes will be brought in the state or federal courts located in San Francisco County, California, and you consent to jurisdiction there.
20.3. EU consumers. If you are an EU consumer, you may also have the right to bring claims in the courts and/or consumer protection bodies of your country of residence where mandatory law applies. EU consumers seeking out-of-court resolution may contact the competent consumer protection or ADR bodies in their country.
20.4. Class action waiver (where permitted). To the extent permitted by law, you agree disputes will be brought on an individual basis and not as a class, collective, or representative action.
20.5. Arbitration (US consumers only; optional). If you are a US consumer, KymmaBoats may offer binding arbitration under JAMS/AAA rules for eligible claims, with a 30-day opt-out right from acceptance of these Terms. Arbitration is not mandatory where prohibited by law and does not apply to EU consumers to the extent it conflicts with mandatory consumer protections.
21. Miscellaneous
21.1. Severability & Unconscionability (California). If any provision of these Terms is held to be invalid, void, illegal, unconscionable, or unenforceable, a court may refuse to enforce that provision, enforce the remainder of these Terms without it, or limit the application of that provision to avoid an unconscionable result, and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
21.2. Entire agreement. These Terms and referenced policies constitute the entire agreement between you and KymmaBoats regarding the Platform.
21.3. Force majeure. We are not liable for events beyond our reasonable control (e.g., extreme weather, government actions, outages).
21.4. Governing language. This English version is the controlling version. Translations are provided for convenience only.