Last updated: November, 2020
Welcome to the Fishingbooker.com website (and together with any and all subpages, the "Website").
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT A USER'S RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
By using the Website or any of the Products, or by clicking "I AGREE" or any similar button anywhere on the Website, you agree to be bound by the terms and conditions of this "Agreement".
Please read this Agreement carefully prior to using the Website or the Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement. If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all the damages that the legal entity may suffer.
This Agreement will remain in full force and effect at all times, and may be modified from time to time.
- By "FishingBooker/us/we/our" we mean the features and services we make available, including through our website at fishingbooker.com (https://fishingbooker.com/) and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
- By "Vendor/you" we mean the person, agency or company responsible for delivering and managing the fishing trip service rendered through FishingBooker.com
- By "Customer/you" we mean the person, agency or company paying for services delivered by the vendor through FishingBooker.com
- By "User(s)/you" we mean any person, agency or company advertising or using any of the services provided on the FishingBooker platform.
- By "Service(s)" we mean the reservation of fishing trips through FishingBooker.com through which Vendors can make their fishing trip services available online for reservation, and through which Customers can make such fishing trip reservations with Vendors.
- By "Information" or "content" we mean data and other information about a Vendor or Customer, including anything you or other users post on FishingBooker.
- By "Listing" we mean the Vendor's advertisement of various different travel products and services that can be purchased, reserved or consummated by you from the Vendor on the FishingBooker platform.
Accessing the Website and FishingBooker Services
By registering with FishingBooker or providing information for its use, Users represent and warrant that they are of legal age to enter into a binding contract, or if they are a legal entity, that they are authorized to enter into and bind the entity to this Agreement and perform the terms and conditions of this Agreement. FishingBooker reserves the right to refuse service, terminate accounts, remove or edit content at its sole discretion and timing.
Users are solely responsible for maintaining the confidentiality, security and correctness of their registration information. Users are solely responsible for all activities, liabilities and damages that occur under their account or password or from their failure to maintain password confidentiality. Users agree that FishingBooker shall not be liable for any losses or damages arising from their failure to keep their username, password, or other registration information secure. Users agree to notify FishingBooker immediately of any unauthorized access to, or use of, their username or password or any other breach of security. Users agree to comply with all applicable laws regarding online conduct and acceptable content.
FishingBooker reserves the right to withdraw or amend the Website or any of the FishingBooker Products or Services, and any product, service or material provided on the Website or the FishingBooker Products or Services, at FishingBooker's sole discretion, without notice. FishingBooker will not be liable to Users if, for any reason, any part of or the entire Website or FishingBooker Services are unavailable for their access or use at any time or for any period. From time to time, FishingBooker may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Users are responsible for:
- Making all arrangements necessary for them to have access to the Website,
- Ensuring that all persons who access the Website through their device are aware of this Agreement and comply with it
FishingBooker will use commercially reasonable efforts to ensure that interfaces to Vendor and User access to FishingBooker Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the FishingBooker Website and when service interruptions are caused by conditions outside of FishingBooker's control. FishingBooker in no way guarantees that Services will be available without interruption.
FishingBooker is not responsible for any inaccuracy or incompleteness in the information provided by Vendor. It is the Vendor's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc). If Vendor discovers that listing details are inaccurate or incorrect, it is the Vendor's sole responsibility to correct the information in the Vendor account interface or contact a FishingBooker representative to resolve any such error.
FishingBooker may, without notice to Users, suspend or cancel a User's account at any time without receiving notice from them or giving notice to them if we suspect, at our sole discretion, that their account with FishingBooker or their email account is being used in an unauthorized or fraudulent manner. Please look at our Content Terms for more detailed information.
Scope of Services
FishingBooker only acts in the capacity of an intermediary on behalf of the Vendor or other Principal that is providing the Services. By making a booking through FishingBooker, Customers are getting into a contract directly with the Vendor and they will be subject to the Vendor's terms and conditions. The delivery terms and conditions of a Vendor can be obtained from the relevant Vendor, if requested, prior to a booking being confirmed or along with the booking confirmation. By confirming a booking Customers are accepting the terms and conditions of the Vendor as well as the FishingBooker Terms and Conditions. If there is a discrepancy between the Vendor's private cancellation policy and that stated on their FishingBooker Listing, the one stated on the listing applies.
FishingBooker shall not be liable for anything stated in the Vendor's terms and conditions. FishingBooker's Agreement with Users sets out what User rights and obligations are when they book or reserve fishing trips through FishingBooker.
From the point at which a Customer makes a reservation, FishingBooker acts solely as an intermediary between the Customer and the Vendor, transmitting the details of the reservation to the relevant Vendor and sending the Customer a confirmation email for and on behalf of the Vendor.
FishingBooker will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.
This Website is offered and available to Users who are eighteen (18) years of age or older. By using this Website or any of the FishingBooker Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Website or any of the FishingBooker Products or Services. FishingBooker is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Website or any of the FishingBooker Products or Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the FishingBooke services only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations.
FishingBooker makes available an online platform or marketplace with related technology for Customers and Vendors to meet online and arrange for bookings of fishing trips with each other. FishingBooker is not an owner, operator nor provider of the properties, including but not limited to boats, equipment, accommodations, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND FISHINGBOOKER PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND VENDORS CONNECTING AND BOOKING FISHING TRIPS WITH EACH OTHER. FISHINGBOOKER ARE NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL FISHING TRIPS, CONTENT REGARDING BOAT DESCRIPTION CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY FISHING TRIPS.
The Website and FishingBooker Products and Services may be used only for lawful purposes and in accordance with this Agreement. Visitors to the FishingBooker platform and Users hereby agree not to use the Website or the FishingBooker Products and Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of any "junk mail", "chain letter", or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate FishingBooker, a FishingBooker employee, another User or any other person or entity (including, without limitation, by using email addresses or User screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by FishingBooker, may harm FishingBooker or Users of the Website or expose them to liability.
- Use the Website or FishingBooker Products or Services in any manner that could disable, overburden, damage or impair the site or interfere with any other party's use of the Website or the FishingBooker Products or Services, including their ability to engage in real time activities through the Website or FishingBooker Products or Services.
- Using any automated system, including without limitation "robots", "spiders", "offline readers", etc. to access the FishingBooker or Vendor services in a manner that sends more request messages to the FishingBooker or Vendor servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
- Copying, distributing, or disclosing any part of the FishingBooker or Vendor services in any medium, including without limitation by any automated or non-automated "scraping"; Accessing any content on the FishingBooker or Vendor services through any technology or means other than those provided or authorized by the FishingBooker or Vendor services; or
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, including uploading invalid data, viruses, worms or other software agents through the FishingBooker or Vendor services;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. Attack the Website or FishingBooker Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
- Access, tamper with, or use non-public areas of the Website, FishingBooker computer systems, or its delivery processes, including but not limited to collecting or harvesting any personally identifiable information, including account names, from the FishingBooker or Vendor services;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent the security or authentication measures.
- Access or search or attempt to access or search the services by any means other than those specifically provided by FishingBooker.
- Forge any TCP/IP header in any email or posting, or in any way use the FishingBooker Products or Services to send altered, deceptive, or false source-identifying information.
- Interfere with or disrupt the access of any Customer or Vendor, attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the FishingBooker of Vendor services;
- Otherwise attempt to interfere with the proper working of the Website.
- Transmitting spam, chain letters, or other unsolicited email or using the FishingBooker or Vendor services for any commercial solicitation purposes
- Committing any harmful actions which may interfere with the regular functioning of the FishingBooker website, product or services
- Impersonating another person or otherwise misrepresenting your affiliations with a person or entity, conducting fraudulent activity, hiding or attempting to hide your identity;
- Bypassing the measures FishingBooker may use to prevent or restrict access to the FishingBooker or Vendor services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the FishingBooker or Vendor services or the content therein.
No Discrimination Policy
FishingBooker is the world's largest online platform dedicated to bringing anglers and captains all around the world together. FishingBooker is a community for all people who love fishing regardless of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status. FishingBooker promotes and will continue to promote equality, acceptance, respect, and above all else our mutual love of fishing. FishingBooker encourages all FishingBooker Users, both Vendors and Customers, to act upon the same principles that FishingBooker stands for and to act with respect toward one another.
Captains and Anglers may not:
- Decline or cancel a booking or create or demand different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
- Post any listing, review or make any statement that discourages or indicates a preference for or against any Captain or Angler on account of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity or marital status.
We are aware that some types of unequal treatment are perfectly legal, and cannot form the basis for a civil rights case alleging discrimination. Captains and Anglers may decline, cancel or reschedule a booking based on factors that are not prohibited by law. Nothing prevents a Captain or an Angler from declining, canceling or rescheduling a booking on the basis of a characteristic that is not protected under civil rights laws or closely associated with a protected class.
We are also aware that each country and state has safety regulations (that include but are not limited to age, weight, disability requirements, etc) that need to be met and that Captains may have to cancel or reschedule a booking in order to comply with those regulations. Those kinds of acts will not be considered discriminatory. Captains may, at their sole discretion, acting in good faith, cancel or reschedule a booking because someone's age, weight, disability, etc. based on objective reasons (including but not limited to weather, tide, boat requirements) in order to prevent damage to people and property. Those kinds of acts will not be considered discriminatory.
If a particular listing or review contains language contrary to this nondiscrimination policy, FishingBooker can, at its discretion change, remove and take steps up to and including suspending and/or banning the Captain or Angler from the FishingBooker platform.
If the Captain improperly cancels a booking on the basis or age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation demonstrating that his or her actions were motivated by factors prohibited by this policy, FishingBooker will take steps to enforce this policy, up to and including suspending and/or banning the Captain from the platform.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, Users are not licensed to add another User, even a User who has rented a boat from a Vendor, to their mailing list (email or physical mail) without the Vendors' or Users' express consent. Vendors may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. Vendors are responsible for all content they provide to the Website or through any tool or service provided on the Website and for their use of any personal information of Users they obtain through the Website or otherwise in connection with their participation in the Services.
Each Customer and Vendor, by making use of any of the Services of FishingBooker or the Website agrees to release, defend, indemnify, and hold FishingBooker and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from any and all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with their use of any of the Website or FishingBooker Products or Services. Notwithstanding any United States or other law relating to the limitation of liability, Vendors and Customers agree to fully indemnify FishingBooker in the full amount of damages actually paid by FishingBooker pursuant to a dispute or controversy.
User (the "Indemnifying Party") will defend and indemnify FishingBooker (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from:
- The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements)
- The Indemnifying Party's breach of any representation, warranty or covenant set forth herein
- The infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party and
- The Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party
- The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising
FishingBooker does not endorse any Vendor, Customer, or listing. Although Vendors and Customers are required by this Agreement to provide accurate information, FishingBooker does not make any representations about, confirm, or endorse any Vendor, Customer, or any Vendor’s or Customer’s purported identity or background.
FishingBooker has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Listings or Vendor, the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Customer Content, or the performance or conduct of any Customer or third party. FishingBooker does not endorse any Customer, Listing or Vendor. Any references to a Customer or a Vendor being "verified" (or similar language) only indicate that the Customer or a Vendor has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FishingBooker about any Customer, including of the Customer's identity or background or whether the Customer is trustworthy, safe or suitable. Vendors should always exercise due diligence and care when deciding whether to book a trip, accept a booking request from a Customer, or communicate and interact with other Customers, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by FishingBooker of any Vendor or Listing. Any reference to a Vendor having the "Angler's Choice Award" only indicates that the Vendor has fulfilled certain objective criteria and nothing else.
By using the Website, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of other Vendors or Customers or other third parties will be limited to a claim against the particular Vendor or Customer or other third party who caused them harm. Users agree not to attempt to impose liability on or seek any legal remedy from FishingBooker with respect to such actions or omissions.
Limitation of Liability
In no event will FishingBooker, its affiliates or any of their licensors, service providers, employees, agents, officers, managers, or members be liable for damages of any kind, under any legal theory arising out of or in connection with, a Vendors use, or inability to use, the Website, the FishingBooker services, any websites linked to it, any content on the Website, or such other Websites or any other services or items obtained through the Website, FishingBooker services, or such other websites including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, death, disability, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
FishingBooker may review and update this Agreement from time to time at our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website and FishingBooker Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update or change is posted on the Website. The User's continued use of the Website or FishingBooker Products and Services following the posting of revised, updated, or changed Agreement means and shall constitute their acceptance and agreement to the revisions, update, or changes. Users are expected to check, read and agree to this page each time they access or utilize FishingBooker Products and Services so they are aware of any revision, update, or change, as they are binding on them immediately.
Maintenance of Website
Due to maintenance work, FishingBooker reserves the right to alter, update or cancel our Service at any time. FishingBooker may conduct such maintenance for security reasons, intellectual property or other reasons at our discretion, and we are not required to explain such modifications.
FishingBooker shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Binding, Entire Agreement
This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assigns. This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
Any notice or other communication given hereunder shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to FishingBooker at the address indicated on top of this Agreement. Notices hereunder shall be deemed to have been given on the date of mailing, except notices of change of address, which shall be deemed to have been given when received.
Governing Law, Venue
This Agreement and its validity, construction, and performance shall be governed in all respects by the law of the Commonwealth of Virginia, notwithstanding its or any other jurisdiction's choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the Commonwealth of Virginia, through binding arbitration (see Arbitration).
The waiver by us of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
Class Action Waiver
Both you and FishingBooker agree that each may bring claims against the other in an individual capacity only. Neither you nor FishingBooker may bring a claim as a plaintiff or class member in any class action, consolidated action or representative action. We both waive the right to a jury trial.
Any dispute or claim relating in any way to your use of any of FishingBooker's services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act. The decision of the arbitrator shall be final and binding upon all Parties. In the event that your claim is rejected you are obliged to reimburse all consts, including but not limited to arbitration fees and any other legal fees, incurred in the proceeds.
No Third Party Beneficiaries
Nothing contained herein is intended, nor shall it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person shall have any rights or remedies under this Agreement.
FishingBooker may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
FishingBooker is very concerned with safeguarding Users information. When Users enter sensitive information (such as a credit card number and/or social security number) on FishingBooker registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Users have any questions about security on our Services, they can contact us via [email protected].
FishingBooker will make any legally required disclosures of any breach of the security, confidentiality, or integrity of our unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to Users via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with
- The legitimate needs of law enforcement or
- Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
By agreeing to the Terms of Services we may post your testimonial or reviews on the Services along with your full name. If you want your testimonial removed please contact us via [email protected].
Links to Other Websites
Our Services may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Access to Your Account
FishingBooker will have the right to access your account to make any changes to reservations, listings, or profile information at its sole discretion.