Vendor Specific Terms

Vendor Obligations

Registration

Prior to using FishingBooker's Services, a Vendor is required to register on the FishingBooker Website and perform all actions necessary to comply with the FishingBooker Website registration requirements and all Terms.

Responsibility for Applicable Laws, Rules, and Regulations

Vendors agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service, or product offered on the Website, and any transaction they enter into in connection with their use of the Website.

It is the Vendor's responsibility to meet all local regulations and licensing requirements to act as a charter operator who takes paying passengers fishing.

Profile and Listing(s)

Vendors may create fishing trips. In order to create one, Vendors will be asked a variety of questions. Vendors acknowledge and agree that they alone are responsible for any and all content they post related to any fishing trip. Accordingly, Vendors represent and warrant that any fishing trip they post and the booking of, or a Customer's experience with a fishing trip they create will not breach any agreements they have entered into with any third parties, and will:

  1. Be in compliance with all applicable laws (such as maritime laws and laws governing boats, bodies of water, etc), tax requirements, intellectual property laws, and rules and regulations that may apply to any fishing trip they post (including having all required permits, licenses, and registrations).
  2. Not conflict with the rights of third parties.

PLEASE NOTE THAT FISHINGBOOKER ASSUMES NO RESPONSIBILITY FOR A VENDOR'S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES, AND REGULATIONS.

FishingBooker reserves the right, at any time and without prior notice, to remove or disable access to any FishingBooker trip, account, or listing for any reason, including ones that FishingBooker, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or FishingBooker's policies, or that are otherwise harmful to the website, FishingBooker, or its Customers.

Insurance

Vendors hereby confirm that they understand and agree that FishingBooker does not act as an insurer or as their contracting agent. If a Customer requests the booking of a fishing trip, any agreement Vendors enter into with such a Customer is between them and the Customer, and FishingBooker is not a party to it.

FishingBooker strongly recommends that Vendors obtain insurance for their fishing trip. Vendors are encouraged to review any insurance policy that they may have for their fishing trip carefully and ensure that they are familiar with and understand any exclusions to, and any deductibles that may apply for such an insurance policy, including, without limitation, whether or not their insurance policy will cover the actions or inactions of customers while on the trip.

FishingBooker makes decisions on the basis of information from the listing, the enclosed document and registered data, without examining the accuracy of the information from the listing, the credibility of the enclosed documents, and the regularity and legality of the proceedings in which the documents were brought, and therefore is not liable for any mistakes and damages that occur or may occur if information or documents provided prove to be false.

For more information regarding the posting of any content on the FishingBooker platform, please read the FishingBooker Content Terms carefully.

Verification of Documents

Vendors will be required to submit certain documents for verification.

The information in these documents is used to verify that Vendors have the necessary permits to run a charter operation. Please note that FishingBooker currently does not have the capacity or resources to focus on local/city/marina regulations.

If the information provided in the documents is insufficient to fully verify a Vendor's profile and the missing information is publicly available, FishingBooker may use the information on record to find new information. For example, if a captain’s USCG MMC expires, we will use the reference/document number on the first page to check the online USCG database to make sure that the document has been renewed.

Finally, for Vendors using FishingBooker’s Online Payments feature, please note that, if FishingBooker has trouble opening a sub-merchant account in their name for verification reasons, the information contained in your documents may be sent to Braintree for the sole purpose of opening a sub-merchant account.

We DO NOT sell your information to any third party.

Communicating with Your Customers

We recommend using FishingBooker's Instant Messaging feature to communicate with Customers prior to a Trip to ensure all details are clear to both parties. For Vendors who have any questions regarding our Privacy Policy, it can be accessed here. For Vendors from the European Union, please refer to FishingBooker's GDPR Privacy Notice.

Instant Book feature

Any Vendor who has had one successful booking with FishingBooker, is automatically eligible to use the Instant Book feature. It enables a customer to instantly book a trip for any open date in the Vendor's calendar. When Instant Book is enabled, Vendors don't need to accept trip requests, they are automatically accepted by the system if the requested date is set as available.

When Vendors cancel a trip booked through Instant Book, they receive a penalty. After a number of such penalties determined at the sole discretion of FishingBooker, a Vendor's Instant Book feature may be turned off. The feature can be turned back on if the Vendor wishes, but if more cancellations are reported then access to the feature may be disabled for a whole year.

Please keep in mind that Instant Book penalties do not apply to cancellations due to:

  • bad weather
  • boat malfunctions
  • short notice customer bookings
  • shared trips that fail to meet the minimum number of people.

FishingBooker reserves the right to manually review each cancellation and apply penalties to any cancellation we deem, at our sole discretion, to be invalid. FishingBooker reserves the right to change the objective standards required of Vendors in order to activate the Instant Book feature without notice and at our sole discretion. In such a case, Vendors will be required to comply with the new standards and fulfill all requirements in order to have the Instant Book feature activated.

Canceling or Changing Your Booking

Canceling

Please note that if a Vendor cancels the trip, the Customer will receive a full refund of their deposit and the Vendor will have a penalty applied to their listing.

Penalties

If a Vendor cancels a confirmed booking, they agree that FishingBooker may apply penalties or consequences to them or their presence on the Website, including, without limitation:

  1. Publishing an automated review on the Website indicating that the Vendor canceled a reservation
  2. Keeping the calendar for the Vendor's listing unavailable or blocked for the dates of the canceled booking.
  3. At the sole discretion of FishingBooker, removing their Vendor listing from the Website, suspending their Vendor access to the Website, or otherwise limiting their use of the Website as a Vendor.
  4. The Vendor's charter’s ranking may be damaged by their booking success rate.
  5. they could lose the Instant Book feature.

If Vendors cancel due to circumstances outside of their control, such as bad weather, mechanical issues, or an extenuating circumstance, they may be eligible for a penalty-free cancellation. These circumstances are judged on a case by case basis and will be processed by FishingBooker administrators. These conditions can be found in our Extenuating Circumstances Policy. FishingBooker may ask a Vendor for supporting documents in order to substantiate their claim for a penalty-free cancelation. Please note that all cancellation requests must be sent within 15 days of the trip date. We cannot process cancellation requests sent more than 15 days from the trip date.

If Vendors have the Instant Book feature enabled, they can cancel a maximum of 4 trips before the trip is disabled on their listing. Vendors can reactivate the feature 1 year from the date of the first canceled trip.

If a Customer Cancels a Booking

If a customer cancels a booking but does not breach a Vendor's cancellation policy, they will be refunded the full amount of their deposit.

If a customer cancels a booking and breaches a Vendor's cancellation policy, the Vendor will receive the deposit amount, unless the Customer's reason for cancellation falls within the Extenuating Circumstances Policy. In this case, FishingBooker administrators will review the reason for cancellation and, if they find it has merit, the Customer will be refunded in full.

If a Customer has booked through Online Payments and cancels without breaching a Vendor's cancellation policy, they will again be refunded in full.

If a Customer books through Online Payments and the cancellation breaches a Vendor's cancellation policy, the Vendor will receive the full trip amount, reduced by FishingBooker's commission (10-30%) and the fee for Online Payments.

Changing a Booking

Vendors can request to change the start time and date of their upcoming trips and/or the number of people in the group on their app or on the FishingBooker website. The customer will be notified and have the option to accept the Vendor's suggestion or not within 48 hours.

When Vendors make a change request, the original date and the new trip details will register in the Vendor's calendar. They will remain registered until the Vendor receives a response from their Customer.

Vendors can change the request itself until the Customer replies to it.

If a Customer Requests a Change

If a Customer wants to change an aspect of the trip, they will be notified and can reply within 48 hours. When they make a change request, the original date and new trip details will register in the Vendor's calendar. Both dates will remain registered until Vendors respond to their Customer.

Angler's Choice Award

The Angler's Choice Award allows Vendors who have distinguished themselves by providing an excellent service to show that to FishingBooker Users.

FishingBooker does not endorse any Vendor, nor guarantee or control the qualification, safety, suitability, or conduct of any host, regardless of whether or not a Vendor has the Angler's Choice Award. If a Vendor qualifies for the Angler's Choice Award, they've met FishingBooker's Angler's Choice Award performance standards, which are measured by an automated system. This does not mean that FishingBooker endorses, certifies, or approves a Vendor's listing or any Vendor. Vendors are still responsible for complying with applicable laws and for all their other obligations under our Terms of Use.

FishingBooker may change the criteria for the Angler's Choice Award or terminate the Award at any time for any reason.

To qualify for the Angler's Choice Award, Vendors must:

  • Have at least 7 (seven) verified customer reviews
  • Have an overall customer rating of 4.5/5 or greater
  • Have a booking realization rate of at least 70% or above
  • Have a response rate of at least 90% or greater

Qualifications are evaluated once a year. If a Vendor satisfies the performance standards and other qualifications for the most recent 12 months from the review date, then the Vendor is automatically eligible to receive the Angler's Choice Award.

The Angler's Choice Award is automatically revoked at the next review date if the Vendor does not meet the performance standards for the previous year. FishingBooker may choose to, but is not obligated to notify Vendors of the revocation of their award. Vendors whose Angler's Choice Award was revoked may regain the Award during a future qualification period if they meet the qualifications for the most recent previous 12 months on the review date.

If a Vendor receives the Angler's Choice Award, a badge indicating that they have received the Award will automatically be added to their FishingBooker profile and their listing pages for as long as they continue to qualify. They will also be provided with resources that will enable them to add an Angler's Choice Award widget to their website. Occasionally, it may take some time for our automated system to process. If a Vendor wishes to turn off their Angler's Choice Award badge, they can contact FishingBooker Customer Service. If they want to turn the badge back on, they can also contact FishingBooker at [email protected].

Any use of the Angler's Choice Award widget is subject to the FishingBooker Content Terms. Qualifying for an Angler's Choice Award does not give a Vendor any ownership or other proprietary rights to the badge or any other FishingBooker intellectual property, other than that provided for in the Content Terms. FishingBooker retains all rights, title, and interest in and to the Angler's Choice Award widget, badge, and any other intellectual property.

Prohibited Uses

Having the Angler's Choice Award does not allow a Vendor to:

  • Claim they are endorsed by an agent or representative of FishingBooker or otherwise misrepresent their association with FishingBooker.
  • Use their Angler's Choice Award badge and/or badge in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party.
  • Commercialize the Angler's Choice Award badge and/or widget (such as by creating, importing, or selling merchandise with the Angler's Choice Award badge or widget) without FishingBooker's express permission.

Indemnification

Vendors (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:

  1. The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements).
  2. The Indemnifying Party's breach of any representation, warranty, or covenant set forth herein.
  3. 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.
  4. 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.
  5. The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising.