What terms are you agreeing to when booking a charter through Off The Hook Deep Sea Fishing?
We'll tell you. We've tried to make this as easy to read and transparent as possible, but if you have any questions about these terms or conditions, feel free to contact us.
Please read these Terms of Sale and Policies ("Terms") carefully. These Terms apply to your purchase of any product or service, regardless of whether such purchase is for you personally or on behalf of another person or entity. These Terms are subject to change without prior written notice at any time, at our sole discretion. By placing an order for products or services through this website, you agree to contractually bound by and accept the Terms in effect at the time of such order. All sales are expressly conditional upon your agreement to these terms.
1. BOOKING AND PAYMENT PROCESS
At the time of reservation, we will collect a deposit securely online by credit card. Once the reservation and deposit have been made, we will process your reservation and within 24 hours (in most cases), we will issue you a confirmation of your reservation along with all relevant information such as meeting instructions, contact information, what to bring, etc. Once you receive the confirmation, make sure to review it carefully for accuracy and let us know if you have any questions. The remainder of your payment can be completed through our web site, or must be paid on the day of the trip, through our dockside representative.
2. CANCELLATION POLICY (REFUNDS)
You will be eligible to receive refunds or exchanges for purchases made through this website only in accordance with the policies described below.
No Risk Policy: If we cancel the trip for any reason, including weather or water conditions, you will have an opportunity to reschedule your trip or get a 100% refund, your choice. There is no risk to book with us.
No Port No Pay Policy: If you are on a cruise ship, and your ship does not make port as scheduled for any reason, including weather or water conditions, you will receive a 100% refund. There is no risk for cruise ship passengers to book with us.
Date Change Policy: You can change your dates free of charge up to seven (7) days before your schedule charter (pending availability of course).
Cancellation Fees are based on the full price of your Experience.
Early Cancellation: If you find you need to cancel your trip, we're happy to assist. More than twenty-one (21) days prior to your booking:
Deep Sea Fishing, full refund of your deposit less a 5% charge to cover credit card processing fees.
Tuna Charter, flat fee of twenty-five ($25) dollars.
Deep Sea Fishing:
- less than forty-eight (48) hours before your booking, 25% cancellation fee,
- less than twenty-four (24) hours before your booking, 50% cancellation fee,
- less than twelve (12) hours before your booking, 100% cancellation fee.
- less than seven (7) days before your booking, 50% cancellation fee,
- less than days (3) before your booking, 100% cancellation fee.
No-port no-pay policy and no-risk policies override the cancellation fees above.
Late Arrival Policy: If you are running late for a private charter, call us at +1(902) 963-3080 or on our cell phone at +1 (902) 393-2139 and let us know immediately. We will wait for you but your on water time may be reduced if we are fully booked for the day.
No-Show Policy: We are unable to issue a refund for a no-show under any circumstances, except those falling under the no-port no-pay policy.
Weather Policy: All charters run rain or shine. If it rains on the day of your charter and due to weather or water conditions, we are unable to go out, you are entitled to a 100% refund. However, if the charter is still going out, then our cancellation policy as stated above applies. The Captain will use weather and water conditions, and the impact on your enjoyment, to determines if we will cancel the trip. Your enjoyment is our primary concern.
Safety & Etiquette Policy: These charters all subject to the following rules of etiquette, at the discretion of our captains. You may not be allowed on the boat if you:
· Show signs of intoxication
· Show signs of infectious disease
· Are physically at-risk for adventurous activities
· Are unruly or otherwise disrupt the enjoyment of the other participants or put the crew at risk in any way
This list is not all-inclusive, and enforcement is the sole responsibility of the captain or crew. If the captain determines that there is a violation of any safety or health standard, we cannot be responsible for a refund.
3. PAYMENT TERMS (You agree to pay us)
When you purchase products or services you will be personally responsible for all payments, deposits, costs and expenses relating to such purchase. You will be personally responsible for all such payments, deposits, costs and expenses irrespective of whether the purchase is for you personally or on behalf of another person or entity, and you hereby agree to indemnify and hold us harmless from and against any losses or other damages we suffer as a result of such amounts not being paid. In cases where you are only required to provide a deposit at the time of purchase, you agree that you will pay the full remainder of the amount owed at the marina on the day of the trip. This amount will be clearly shown on your confirmation.
If you do not make complete and timely payment, we have the right to pursue collection of the amounts owed to the fullest extent allowed under applicable law, including, but not limited to, use of collection agencies or law enforcement. In such event, you will be responsible for, and hereby agree to pay, (i) the full cost of the ordered product or service (which, for the avoidance of doubt, will not be limited to the deposit amount), (ii) a processing fee of $50.00, and (iii) all costs and expenses we incur in connection with our collection efforts, including without limitation attorney fees and costs, collection agency fees and costs, bank fees and any other costs and expenses relating to our collection efforts.
We accept certain credit cards as payment for purchased goods or services. By purchasing goods or services you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your purchase to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
The charge to your credit card will be shown on your statement as "Off The Hook Deep Sea Fishing". Please make a note of this to avoid any confusion later.
4. CUSTOMER SATISFACTION POLICY
We strive to provide you with the best possible service and offer you every possible opportunity to work out any disputes or issues that may arrive. Your satisfaction is important to us. If for any reason you are not satisfied with the service you have received, please contact us as soon as possible and we'll try to make things right. Of course, if you are happy with the service you receive (and we know you will be), please help spread the word. We depend on you for our business.
5. CHARGEBACK POLICY
If you have a complaint about any service we provide, please contact us first. Customer satisfaction is very important to us, and we strive to stand behind the services that we offer. We will make every attempt to ensure that you are completely satisfied with the services we've provided you. If you are unhappy with our services please do not file a chargeback with your credit card before you have given us a chance to work it out with you.
Fraudulent chargebacks (chargebacks filed for services you did receive, filed prematurely without cause or necessity (including to obtain a refund where one has not been denied), or issues covered in the terms and conditions herein) will be assessed a $45.00 fraudulent chargeback fee and a $50.00 processing fee, and will be turned over to a collection agency. If we have to go through the trouble of sending it to collection, you will be responsible for the full price of the charter plus all applicable collection fees. We know you wouldn't do that anyway, though, would you?
8. HOLD HARMLESS CLAUSE (AKA THE “CYA CLAUSE”) (This part is common sense, but...)
The Website and booking site work as agents between the client and the operator of services listed on the Website. As such, the Website creates the necessary commercial connections in compliance with its own service and quality standards to provide services such as, but not limited to, fishing and tuna charters. Off The Hook Deep Sea Fishing cannot be held liable for the acts, omission, or wrongdoing of other legal entities.
Off The Hook Deep Sea Fishing herewith declares that:
a) Photographic material published on its Website is intended to render a general depiction of the service in question and by no means can be guaranteed that the service will be supplied exactly as depicted.
b) Travel services descriptions are regularly updated for a depiction of the product as close to reality as possible. However, Off The Hook Deep Sea Fishing cannot be held accountable for variations occurring upon your arrival at the travel service site.
c) Off The Hook Deep Sea Fishing will reserve the right to deny the supply of a service to any client at any given moment if and when it considers necessary to do so.
d) Any claim or comments that the client should present about the services received must be submitted in writing within a period of time no longer than 14 days from travels end date.
e) Off The Hook Deep Sea Fishing will not assume liability for any claims, costs or expenses arising from personal injuries to the client or third parties, or caused by accidents, fatalities, loss or damage to personal property, lack of enjoyment or claims over emotional and mental states such as upset, disappointment, anguish, distress or frustration, or any other damage, whether physical, mental or emotional, arising from:
i. Acts committed or omissions caused by any party other than Off The Hook Deep Sea Fishing or its employees.
ii. Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather or any other circumstance beyond direct control of Off The Hook Deep Sea Fishing.
iii. The client’s failure to obtain the required travel documentation such as, but not limited to, passports, visas and certificates, in which case no refund will be granted.
iv. The client’s failure to comply with travel instructions such as, but not limited to, flight schedules, hotel check-in and check-out dates and times, and voucher redemption policies.
v. Off The Hook Deep Sea Fishing reserves the right to cancel or change the travel services at its discretion, but will try to substitute them with comparable services. We reserve the right to change watercraft should an unexpected mechanical failure occur or if a requested boat is not available for any reason on the day of the charter. If a reservation must be completely canceled, Off The Hook Deep Sea Fishing’s liability will be limited to a refund of all monies paid.
Neither Off The Hook Deep Sea Fishing nor any of their respective owners, officers, managers, directors, contractors, employees, subsidiaries and/or affiliates will be liable for lost profits, loss of business, or other consequential, special, incidental, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party, except as may be expressly provided herein. To the full extent permitted by law, the total cumulative liability shall be limited to the amount actually paid for the purchase of the products or services through this website. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
This is the only warranty you get from us relating to the products or services you purchase. We make no other, and expressly disclaim all representations, warranties, and conditions, whether in writing, implied or statutory, including any warranty of merchantability or fitness for any particular purpose, or any warranty arising from the course of dealing or usage of trade.
These Terms shall be governed by the laws of the province of Prince Edward Island, Canada. You consent and submit to the exclusive jurisdiction of the provincial and federal courts located in Prince Edward Island, Canada, in all questions and controversies arising out of your use of this site and these Terms.
9. FUN POLICY
Now that you've read through all these legal blah-blahs, loosen up and have fun this vacation! North Rustico welcomes you with open arms. We're happy to help you resolve any questions or issues you have within the guidelines of these terms – contact us!