Last updated: January 26, 2021.
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you, whether personally or on behalf of an entity, and Super Fishing Ltd. This Agreement governs your use of the Platform.
Please read this Agreement carefully before using the Platform.
By entering into this Agreement, and/or by using or accessing the Platform, and/or by clicking “I agree” (“I accept”) anywhere on the Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PLATFORM.
"Super Fishing", "us", "we" or "our" means Super Fishing Ltd, a private limited company incorporated in England and Wales with its registered office at International House, 64 Nile Street, London N1 7SR, United Kingdom and Company No. 12070614.
“Customer” means the person or entity that pays to Super Fishing to secure the reservation of the Trip(s) available on the Platform and delivered by the Trip Provider.
"Trip Provider" means the person or entity responsible for providing and managing the Trips that are available for reservation on the Platform. Trip Provider and Customer are collectively referred to as “User”, “Users”, “you” or “your”.
"Trip" means the fishing service or attraction (e.g. sunset tour, sightseeing tour) that can be reserved or requested by a Customer from a Trip Provider.
"Trip Reservation" means a reservation or booking of a Trip.
"Platform" means the (mobile) website super-fishing-charters.com owned, operated and provided by Super Fishing.
"Service" means the reservation service offered or enabled by Super Fishing in respect of Trips made available by Trip Providers on the Platform.
“Content” means any information that the Users provide, publish or post to or through the Platform (including any profile information) or send to Super Fishing (including via feedback, email, or through any Super Fishing social media posting).
1. Scope of Our Service
Super Fishing provides a Platform through which Trip Providers can advertise, market, promote and/or offer (as applicable) their Trips for reservation, and through which relevant visitors of the Platform can make a reservation.
By using or utilizing the Service, a Customer enters into a direct (legally binding) contractual relationship with the Trip Provider with which a Customer makes a reservation or purchase a service (as applicable).
The terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider, if requested, prior to a Trip Reservation confirmed or along with the confirmation email.
All relationships between a Trip Provider and a Customer and each Trip provided by a Trip Provider to a Customer shall constitute a separate agreement between Users.
From the point at which a Customer makes the Trip Reservation, we act solely as an intermediary between the Customer and the Trip Provider, transmitting only the relevant details of Customer’s Trip Reservation to the relevant Trip Provider(s) and sending a confirmation email for and on behalf of the Trip Provider. Super Fishing does not (re)sell, rent out, offer any (travel/fishing) service or product.
As a User, you authorize Super Fishing to share your Confidential Information (full name, location, contact information, photo, special request, comment) with the relevan Trip Provider or Customer if the Trip Provider accepted the Trip Reservation and the Customer paid a deposit to Super Fishing to secure the Trip Reservation.
Any decision by a User to request, offer or accept the Trip and/or Trip Reservation is a decision made in such User’s sole discretion.
2. Modification to the Agreement
Super Fishing reserves the right to modify the terms and conditions of this Agreement. Super Fishing reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Platform after any such changes shall constitute your acceptance of such changes.
The Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
By becoming a User, you represent and warrant that you are at least 18 years old.
4. Customer’s Charges and Refunds
As a Customer, you understand that Trip Reservation may result in charges to you:
Deposit. A Customer pays a Deposit to Super Fishing to secure a Trip Reservation. Deposit refund shall be made according to a Trip Provider’s cancellation policy on the Platform.
Remaining balance. A Customer pays Remaining Balance directly to a Trip Provider. Remaining Balance equals to a Trip price minus a Deposit price. The Platform and Super Fishing don’t support payments from User to User. All payments between Users shall be governed by a separate agreement between Users. Super Fishing will refund a Deposit to a Customer, if a Customer paid a Remaining Balance, but didn’t receive a Trip on the date of reservation or on the alternative date.
Cancellation Fee. As a Customer, you may cancel a Trip Reservation at any time before a Trip start time, but note that in certain cases Super Fishing may retain a Deposit according to a cancellation policy of a Trip Provider published on the Platform.
Transactions Fee. Transaction fee may be added to a Deposit payment.
Tips. Following a Trip, you may elect to tip your Trip Provider. The Platform doesn’t support and provide tip payments. All payments between Users shall be governed by a separate agreement between Users.
Facilitation of Charges and Refunds. All Charges and refunds are facilitated through a third-party payment processor (e.g., Paysera LT). Super Fishing may replace its third-party payment processor without notice to a Customer. Charges shall only be made through the third-party payment processor. Cash payments of the deposit are strictly prohibited. Deposit will be refunded within 30 days of the date when a Customer provided all supporting documents delivered by electronic mail to [email protected].
5. Trip Provider’s Charges and Payments
By using the Platform as a Trip Provider, you represent, warrant, and agree that:
Deposit. The Deposit is a percentage of the Trip price. A Trip Provider sets the Deposit rate. A Customer pays a Deposit to Super Fishing. Trip Provider can’t request the Deposit in addition to the one that a Customer has already paid to Super Fishing.
Remaining balance. A Customer pays the Remaining Balance directly to a Trip Provider. The Remaining Balance equals to the Trip price minus the Deposit. You may request a Customer to pay the Remaining Balance 1 day prior to the Trip date. The Platform and Super Fishing don’t support payments from User to User. All payments between the Users shall be governed by a separate agreement between the Users.
Commission Fee. Super Fishing Commission Fee equals to the Deposit. Super Fishing retains the Deposit as its Commission Fee after a Trip Provider accepts a Customer’s Trip Reservation request.
Cancellation Fee. A Trip Provider may claim a Cancellation Fee payment if the cancellation policy (published on the Platform) of a relevant Trip Provider was breached.
- Super Fishing may pay a Cancellation Fee according to a Trip Provider’s cancellation policy published on the Platform.
- The Cancellation Fee will be equal to the Deposit that the Customer paid to Super Fishing.
- A Trip Provider must provide a Cancellation Fee request and supporting documents delivered by electronic mail to [email protected] within 90 days of the trip date, otherwise the Cancellation Fee claim will be invalid.
Tips. Following a Trip, you may ask your Customer for the tip. The Platform doesn’t support and provide tip payments. All payments between Users shall be governed by a separate agreement between the Users.
Subscription fee. Super Fishing doesn’t require a Trip Provider to pay subscription fees. Super Fishing reserves the right to charge subscription fees at any time and shall notify Trip Provider about the changes.
Service fee. Super Fishing doesn’t require a Trip Provider to pay service fees. Super Fishing reserves the right to charge Service Fees at any time and shall notify the Trip Provider about the changes.
Payment Processing. All Payments are facilitated through a third-party payment processor (e.g., Paysera LT) according to your cancellation policy published on the Platform. As we use third-party services, we have no control over these services. Super Fishing may replace its third-party payment processor without notice to a Trip Provider. Cancellation Fee will be paid within 30 days of the date when a Trip Provider provided all the supporting documents delivered by electronic mail to [email protected].
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via email, text messages, calls, and push notifications.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
7. User’s Content
You are solely responsible for your Content and access to your User account, and we act only as a passive conduit for your online posting of your Content.
You agree to provide and maintain accurate, current and complete Content and that we and other Users may rely on your Content as accurate, current and complete.
We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform on your devices and / or access or use any Content that may be available through the Platform.
Super Fishing does not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property.
Super Fishing does not endorse any User or User’s Content.
8. Restricted Activities
You agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Platform or the servers or networks connected to the Platform;
- post Information or interact on the Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
- link directly or indirectly to any other websites;
- transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
You agree not to use any information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, location, contact information and photo (“Confidential Information”) disclosed to you by Super Fishing for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Platform any User Confidential Information obtained from the Platform.
10. Trip Provider obligations
By using the Platform as a Trip Provider, you represent, warrant, and agree that:
- You possess a valid license and are authorized and medically fit to operate your vessel and have all appropriate licenses, permits, approvals, insurance and authority to provide Trips to Customers in all jurisdictions in which you provide your Trips.
- You own, or have the legal right to operate the vessel you use when providing Trips; such vessel is in good operating condition and meets the industry safety standards and all applicable statutory.
- You won’t request an additional deposit from the Customer if the Customer has already paid the deposit through the Platform to Super Fishing.
- Super Fishing does not act as an insurer or as your contracting agent. All relationships between a Trip Provider and a Customer and each Trip provided by a Trip Provider to a Customer shall constitute a separate agreement between the Users.
11. Intellectual Property
All intellectual property rights on the Platform shall be owned by the Super Fishing and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered) and trademarks (whether registered or unregistered).
Super Fishing respects the intellectual property of others, and expects Users and Trip Providers to do the same. If you believe, in good faith, that any materials on the Platform infringe upon your copyrights, please contact us: [email protected]
The following disclaimers are made on behalf of Super Fishing, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Super Fishing does not provide fishing or transportation service. Super Fishing is not a transportation carrier. Super Fishing is not a common carrier or public carrier. It is up to a Customer to decide whether or not to offer a Trip Reservation to a Trip Provider contacted through the Platform, and it is up to a Trip Provider to decide whether or not to accept a Trip Reservation from any Customer contacted through the Platform. We cannot ensure that a Trip Provider or Customer will complete an arranged Trip. We have no control over the quality or safety of the Trip that occurs as a result of the use of the Platform.
The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform, including the ability to use the Platform at any given location or time.
We do not warrant that your use of the Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components.
Super Fishing is not responsible for the conduct, whether online or offline, of any User of the Platform. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left on the vessel by Trip Providers or Customers. By using the Platform and participating in the Trip, you agree to accept such risks and agree that Super Fishing is not responsible for the acts or omissions of Users on the Platform or participating in the Trip.
13. Limitation of Liability
IN NO EVENT WILL SUPER FISHING, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SUPER FISHING” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES), LOSSES, INJURIES, PAIN, SUFFERING ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, FISHING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Super Fishing is not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the cancelled or postponed Fishing Service such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, loss of profit or loss of enjoyment, etc.
14. Term and Termination
This Agreement may be terminated:
- by User, without cause, upon seven (7) days’ prior written notice to Super Fishing.
- by Super Fishing immediately, without notice upon User's breach of this Agreement, or without a reason.
15. Governing Law and Jurisdiction
Irrespective of the country from which you access or use the Platform, to the extent permitted by law these Terms and your use shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder.
All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall be finally settled under the rules of the London Court of International Arbitration (Rules), by one arbitrator in accordance with the said Rules.
16. Waiver and Severability
No waiver of these Terms by Super Fishing shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Super Fishing to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect