Fishing Charter by Boatbookings.com Website Terms

Fishing Charter by Boatbookings.com Website Terms and Conditions

This fishing charter website is owned and operated by enitiative.biz Limited ('Boatbookings.com') a company incorporated in England whose registered address is Enitiative.biz Ltd, Dukes Court, 32 Duke Street, St James's, SW1Y 6DF and whose company number is 05326363.

Fishing Charter by Boatbookings.com is a trade mark owned by enitiative.biz Limited.

This is the user agreement that governs your use of this website and the provision of the services we provide you.

Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.

1. The Site is a Venue for finding Fishing Charter Boats - We are Not a Party to any Rental or Charter Transaction.

� We do not own or manage, nor can we contract for, any fishing boat listed on the Site. Instead, the Site acts as a venue to allow charterers and charter boat owners who advertise on our Site to offer for rent in a variety of pricing formats, a specific fishing boats to potential charterers. We are not involved in any transaction between charterers and boat owners even though we may from time to time provide tools that enable a charterer to enter into a transaction to rent a fishing boat directly from an Owner.�As a result, any aspect of an actual or potential transaction between a charterer and an owner, including the quality, safety or legality of the boats advertised, the truth or accuracy of the listings (including the content thereof or any user reviews), the ability of charterers to rent a charter fishing boat or the ability of charterers to pay for fishing boats are solely the responsibility of each user.�

We are also not responsible for the condition of the fishing boats listed on our Site or the compliance with laws, rules or regulations that may be applicable to any fishing boat in any jurisdiction.�

However, what that also means is that the final contract for the boat charter itself will be between you and that Owner. Not between you and us. There is a difference between the services we provide (which involves the service of showing advertisements for relevant boats) and the actual boat charter.

In most cases this will mean that there are additional terms and conditions governing the contract for the charter of a boat as each supplier will have bespoke terms and conditions relating to the charter of its boat.

Please make sure that you have read these terms and conditions before completing your transaction.

We have no contractual liability to you in respect to your charter. If there is a problem with the boat or the boat charter then typically your contractual remedy will be against the Owner, not us. However, we may still be liable to you if we have been in breach of our agency services agreement (these terms), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

Where we request payments to be made up-front on booking we will immediately pass the money (less our commission) to the relevant supplier. We do not sit on, or bank, your money.

2. General Terms

By displaying products on the Fishing Charter by Boatbookings.com website, Boatbookings.com is not making you an offer to sell (charter) that product. As products are subject to availability you will need to confirm availability directly with the Owner/Operator of the fishing boat.

Boatbookings.com uses sophisticated technology in both running its website and in sourcing its product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect.

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

3. Terms relating to Website use

The following terms apply to your general use of our website:

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our website, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without express written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our website other than that set out above, please address your request to [email protected].

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you have any questions, please email us.