TC Watersports Terms and Conditions
For questions regarding your reservation, please call 1-231-947-7229.
TC Watersports will not depart in unsafe weather conditions. The booth staff or Parasail Captain will assess the weather and should the staff determine that the conditions are unsafe to run the tour/rental or send out a tour/rental may be postponed or it will be canceled. Every effort will be made to reschedule your tour/rental during your stay. If you are unable to reschedule your tour/rental, you will have the option of receiving a voucher for the full dollar value of your rental towards a future rental or receiving a 50% refund.
Reservation and Boarding Information:
Please arrive at your departure point at least 15 minutes prior to the departure time. For the Aquatic Adventure Trip, please arrive at least 30 minutes prior to departure time. All trips leave the dock promptly at the specified time.
*Credit Card and ID will be required for all jet ski rentals.
(A) Must be 18 years of age or older to rent any of our equipment.
(B) Must have a valid driver's license.
(C) All drivers must be 18 years or older.
Intoxicants are strictly prohibited. For the safety of our guests service will be refused to anyone under the influence of drugs and/or alcohol.
All persons involved with our activities/tours acknowledge that said activities/tours are potentially dangerous and agree to hold TC Watersports LLC, Inc., all owners, employees and affiliated properties harmless.
** Jetski bookings are based on approximate times. Online bookings for Jetskis are a request and do not guarantee a specific time, actual times may vary based on availability at the time of arrival. **
Cancellations made 7 days or more before your reserved date are eligible for a refund, less a 10% cancellation fee.
Cancellations made between 1-7 days before your reserved date are eligible for a 50% refund.
Cancellations made within 24 hours from your reserved date will receive no refunds of any kind, regardless of whether or not the equipment is rebooked by another party.
NO SHOWS are charged in full for the rental period reserved. Any party that has not arrived by the scheduled time of the rental shall be deemed a NO SHOW.
We reserve the right to cancel your reservation for violations to our policies.
We reserve the right, solely at our discretion, to reschedule and/or cancel your reservation in the event of inclement weather. Reservations cancelled do to weather (or any other VALID and APPROVED reason) during the rental period will be given a voucher for credit toward use of same or similar piece of equipment at later date or time, or in the form of a dollar amount to be used on our alternative equipment, and such vouchers will be determined at the sole discretion of TC Watersports Staff.
It is inevitable that reserved equipment will occasionally be unavailable due to unforeseen circumstances at the time of your rental reservation. We reserve the right to offer you substitute equipment of equal or greater value in lieu of the originally reserved equipment at no extra cost to you. If no alternate equipment is available, we really have no choice but to reschedule or cancel your reservation at the sole discretion of TC Watersports Staff.
By booking your rental with TC Watersports, you authorizing TC Watersports to charge your credit card on file in the amount of $1,000 per piece of equipment as a damage deposit, in addition to any applicable rental charges, booking fees, other taxes and fees, fuel surcharges, or other incidentals, including additional fees for actual damages to equipment. In the event of damage, the default charge of $1,000 will be applied to the credit card on file immediately, or may be adjusted up or down by TC Watersports Staff based on their assessment of actual or probable damage and other related costs, including but not limited to the actual or estimated costs of repair for physical damage to the equipment, cost of recovery to equipment/passengers, towing fees, staffing costs to trailer equipment to repair facility, and lost rentals, at that time based on their sole discretion.
TC Watersports will have the damage further assessed by authorized third party repair facility (within approximately two weeks from the time that the damaged rental is returned) at which time the damage deposit charge may be adjusted accordingly. Final costs associated with damages, including those from the authorized repair facility, may be further adjusted after the repairs have been completed and the final invoice is paid by TC Watersports. Providing the damage does not exceed the default deposit amount, the adjusted charges should be applied and the remaining deposit charges, if applicable, should drop off of the credit card on file within approximately 2-3 Weeks.
Renter is responsible for any and all losses and damages to TC Watersports equipment while in their care, including but not limited to full cost of new replacement equipment, from causes including but not limited to trailering, launching, beaching or running aground, collision with other boaters or objects on or below the water, running engine or systems out of fluids or with low fluids causing premature wear to mechanical systems, weather loss, dockage, anchoring, or any other cause whether or not the renter is directly at fault.
Any adjustments will be made by credit back to the card on file.
Renter will get his/her damage deposit back if the equipment is returned unharmed as determined Solely by TC Watersports staff.
Renter is solely responsible for ensuring the safety and passengers of the vessel during the rental period.
All damages or loss to equipment in excess of $100 or injury to person or property must be reported to TC Watersports and to local law enforcement immediately.
All refunds will be made by method of payment used for the reservation, or by voucher at the discretion of TC Watersports, and mailed to the billing address or emailed to the account provided to us.
There is NO early return refund. TC Watersports reserves the right to rent out the equipment to an alternative renter if returned early, and is NOT obligated to refund or credit the original renter under these circumstances. Late return of rentals will be assessed a prorated amount based on the applicable hourly rental rate for that piece of equipment (based on the standard hourly rental rate and NOT prorated based on the actual rental period), which will be rounded up to the next 15 minute interval (that is: 20 minutes will be charged for 30, 35 for 45, 50 for 60).
Renters are responsible not only for additional rental time but also for additional fees as mentioned above, including but not limited to taxes, fees, booking fees, fuel surcharges, incidentals, and lost rental time. If another customer has the equipment booked for a time that immediately follows the reservation in question, and TC Watersports loses that rental, and the equipment has been returned 15 or more minutes late, Renter will be responsible for lost rental time as well, regardless of the duration of the other rental. If the equipment has been returned a half hour late and TC Watersports loses an 8-hour rental as a result, Renter will be responsible for the entire term of that rental including applicable fees and expenses relating to that rental which are referenced herein.
TC Watersports carries liability insurance coverage for all equipment, however physical damages incurred during the rental period are NOT covered. Renter is fully responsible for all of the costs related to damage to the equipment including lost rental revenues. A lot can happen on the water like big waves, wind, storm, sinkage, running aground, sucking up a towrope, or just bumping the dock or another boat.
Please check homeowner, renter, auto, or credit card policies to see if there is an endorsement available to you. This is an inexpensive alternative that most people can access fairly easily.
Fuel charges, though they are broken out for demonstrative purposes during the checkout process, are actually incorporated in the Rental fee as seen in total checkout price. They are broken out in the checkout process in order to demonstrate to Renter what the normal fuel usage (approx.) would be for a normal renter. This is based on the average fuel usage (in gallons per hour) of that particular boat at or around cruising speeds.
Some customers burn more and some burn less. Fuel charges reflect the price per gallon of $4, which may be subject to change, up or down, based in part on costs to TC Watersports of obtaining and providing fuel, including but not limited to current pump prices, costs of payroll, vehicles and equipment, insurances, and transportation of fuel to the Rental equipment. Fuel charges are determined based on the number of hours of the Rental (NOT HOURS OF ACTUAL USE), multiplied by the predetermined rate of fuel usage (in average gallons per hour). Fuel costs are not intended to be charged based on the actual fuel used by the Renter. Fuel tank sizes vary based on individual pieces of equipment and prepaid costs for fuel are limited to a full tank. Additional charges will apply if Renter requests additional fuel after using up the full tank. Renter may use up some or all of the fuel without refueling. If Renter decides to refuel, NO credit will be given for additional fuel added or any unused portion of fuel provided by TC Watersports.
Renter and all associated parties agree to sign and abide by:
WAIVER AND RELEASE OF LIABILITY AGREEMENT
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by TC Watersports, LLC. (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of TC Watersports, LLC). The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to TC Watersports, LLC all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify TC Watersports, LLC of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of TC Watersports, LLC. Initials:_____
II.EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by TC Watersports, LLC at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of TC Watersports, LLC. Initials:_____
III.WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that TC Watersports, LLC shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by TC Watersports, LLC, including but not limited to drowning and other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that TC Watersports, LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that TC Watersports, LLC shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY TC Watersports, LLC, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by TC Watersports, LLC. Initials:____
IV.LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless TC Watersports, LLC for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by TC Watersports, LLC, even if such damages arise out of the negligence of TC Watersports, LLC. Initials:_____
V.ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against TC Watersports, LLC for TC Watersports, LLC’s negligence. Initials:_____
The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect. Initials:_____
***READ RELEASE BEFORE SIGNING***
SIGNATURE FULL NAME PRINTED
RENTER ADDRESS DATE / TIME
______________________ _____________________ _______________________
OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGER
“Personal Information” means any information that can be used to identify you, including but not limited to your name, postal address, telephone and mobile numbers, and email address, as well as imagery, whether provide by you or captured during your Rental. We collect Personal Information about you when you voluntarily provide it to us through our Services, such as when you create an account or profile, order or register a product, order literature, enter contests or incentive programs, sign up for newsletters, participate in activities, fill out a survey, or contact customer service. If you do not wish to post images on our sites or social media, or in any other advertisement, please notify our staff and we will be happy to take down the image in a reasonable period of time.
We will not sell any personal information that you have provided to us to third party data collection companies. We may however share it with our direct affiliates, at our sole discretion, such as our sister companies Traverse Bay Parasail, Adventure TC, PaddleTC, and other close affiliates such as the Grand Beach and Sugar Beach Resorts, for the purpose of cross selling and remarketing of services, as well as packages, combos, loyalty discounts, or other pertinent and relevant information that may be beneficial to you as a consumer and participant in TC Watersports Activities.
By making an online reservation with TC Watersports, you expressly acknowledge that: (A) TC Watersports will send you e-mail(s) with such reservation and other related information and (B) TC Watersports will send you a survey so that you can evaluate your customer experience at TC Watersports.
Occasionally, we will send out emails to our customers concerning special offers or providing information about new products and services we offer. In every email we send, you are given the option to remove yourself from our mailing list.
TC Watersports uses Google Display Advertising and Remarketing Tools with Google Analytics. To learn more about Google anonymous data collection please visit Google Adword's Remarketing Policy. To adjust your internet ad preferences in Google Account Settings, please login to Google and visit the link to the Ads Preferences Manager.
Policies are subject to change at any time without notice. In the event that any policy is unenforceable by Federal or State of Michigan law, Renter is still bound by the applicable laws. Renter agrees that all legal issues arising from any transaction between the renter and TC Watersports, LLC. will be contested in Grand Traverse County, State of Michigan.
© 2018 TC Watersports LLC - Traverse City, MI. All rights reserved. All photos and website components are not to be reproduced or used for commercial purposes and are Copyright TC Watersports LLC.