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, Listing(s) and Trip(s)

After creating a Profile on FishingBooker, Vendors may create their Listings and trips. In order to create a listing, Vendors will be asked a variety of questions. During Listing creation, Vendors are presented with an option to create their Trips. 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 by creating a listing and by adding its required features, amenities, descriptions and policies, Vendors constitute their Offer and Terms, which Customers accept by booking a trip.

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 in violation of this Agreement or FishingBooker's policies, objectionable for any reason, or that are otherwise harmful to the website, FishingBooker, or its Customers.

While creating their Profile Vendors are responsible for adequately establishing the type of operations they offer. By choosing between:

1. Captain: if you run your own business and take customers fishing;
2. Charter operator: if you are a business owner with multiple boats and/or for-hire captains and guides;

Team Members

Vendors may be presented with the option to add their team members to their profiles. Before adding a team member, a Vendor is required to obtain consent in order to publicly present their team member’s personal information, including first and last name, photo, and position. Vendors are fully responsible for maintaining accurate information about their team members at all times and should remove information about personnel that no longer work with them or that don’t want to be associated with the Vendor in a timely manner.
Vendors can only add team members that are of legal age.

FishingBooker reserves the right to remove team members from Vendors’ accounts at its sole discretion.

Verification of Credentials

Vendors will be required to submit certain credentials for verification.
The information in these documents is used to verify that Vendors have the necessary permits, licenses and registrations 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 credential is insufficient to fully verify a Vendor's profile and the missing information is publically 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 credential has been renewed.

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.

If you are a Charter Operator, you may be required to verify credentials for more than one captain or guide.

FishingBooker may, at its sole discretion, require Vendors to submit additional credentials, such as Drug Consortium Cards, local licenses, and other business-related documentation. These documents will be used as supporting documentation for verification purposes.

While FishingBooker goes the extra mile to ensure legal compliance, we do not and cannot guarantee the accuracy and validity of provided credentials and they, therefore, must be confirmed with the issuing authority in order to be validated.

We DO NOT sell your information to any third party.

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.

As part of the credential verification process, FishingBooker asks that Vendors obtain insurance for their fishing trips, and provide a copy to FishingBooker. 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/or damages that occur or may occur if the 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.

In the event that a Customer or Vendor experiences any cost that may occur prior to, during, or after the trip, due to a trip’s cancellation, FishingBooker will not be responsible regardless of the reason for the cancellation.

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.

For further information please read our Platform Rules and Guidelines, as it defines communication in more detail, which constitutes an integral part of these Terms.

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

If a trip has to be canceled, it can be done through the Captain's app (FishingBooker for Captains) or the Website. 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.

Reasonable 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:

• Publishing an automated review on the Website indicating that the Vendor canceled a reservation;
• Keeping the calendar for the Vendor's listing unavailable or blocked for the dates of the canceled booking;
• At the sole discretion of FishingBooker, removing the Vendor’s listing from the Website, suspending the Vendor’saccess to the Website, or otherwise limiting their use of the Website as a Vendor;
• Damaging the Vendor's charter’s ranking due to a decrease in their booking success rate.
• Potentially losing the Instant Book feature.

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 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 cancellation. 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 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, 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.

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, Vendors will be notified immediately and can reply within 48 hours. When customers make a change request, the original date and new trip details will remain registered in the Vendor's calendar. Both dates will remain registered until Vendors respond to their Customers.

Cancellation by FishingBooker

FishingBooker may cancel a trip at its sole discretion at any time. In the very unlikely event that a trip is canceled by FishingBooker, funds will be refunded to the Customer as it would have been done under circumstances of a regular cancellation whereby the Vendor’s policy was not breached.

Calendar Sync Feature

Vendors who maintain multiple online calendars may be presented with the Calendar Sync option. If a Vendor connects other online calendars with their FishingBooker calendar, our system will automatically scan the Vendor’s availability and block overlapping trips.

The Vendor is solely responsible for regularly updating their availability in their calendar. FishingBooker is not liable for any mistakes and/or damages that occur or may occur in inaccurate calendars.

Vendors acknowledge and agree to the following terms regarding synchronizing their FishingBooker calendar with other online calendars by utilizing the Calendar Sync option.

The calendar Sync option works in two directions:

Calendar Import: Vendors may connect their other online calendars with the FishingBooker calendar, and our system will automatically scan the Vendor’s availability and block overlapping trips. This way, customers can only book trips when Vendor is available. When activating the Calendar Import feature, Venodrs grant FishingBooker the right and permission to process their calendar information and other calendar-related data necessary to facilitate synchronization with the FishingBooker calendar.

Calendar Export: FishingBooker allows Vendors to export their calendars as an iCal to automatically update their availability across other channels. The Export calendar feature will only sync information regarding Vendors' upcoming accepted bookings from their FishingBooker calendar. When activating the Calendar Export feature, Vendors grant FishingBooker permission to share their FishingBooker calendar information with third-party websites to facilitate synchronization with other online calendars.

Vendors are aware that the Calendar Sync option may not be compatible with all available calendars and that FishingBooker reserves the right to, at any time, at its own discretion, restrict or turn off the synchronization option with certain calendars or, alternatively, limit calendar import or export option for certain calendars.

Vendors take full responsibility for the accuracy and regular updating of their availability in the FishingBooker calendar and connected calendars. They acknowledge that any information imported into their FishingBooker calendar from other synced calendars is their sole responsibility. FishingBooker shall not be held liable for any inaccuracies, errors, or damages arising from discrepancies in the synced data. Vendors agree that they are solely responsible for any potential harm caused to FishingBooker resulting from inaccuracies or improper data imported from other online calendars. In the event of any damages caused to FishingBooker due to the inaccurate information imported through Calendar Sync, the Vendor shall be held liable for such damages. For more detailed information about Prohibited Uses, please refer to our General Terms. The Prohibited Uses shall apply to any data shared through the Calendar Sync feature.

Angler's Choice Award

The Angler's Choice Award allows Vendors who have distinguished themselves by providing excellent service to present 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:

1. Have at least 10 (ten) verified customer reviews
2. Have an overall customer rating of 4.8/5 or greater
3. Have a reliability score of at least 98% or above
4. Have a response rate of at least 98% or greater
5. Have their credentials verified by FishingBooker and issued an enhanced badge

Qualifications are evaluated on a quarterly basis. 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 a Vendor does not meet the performance standards for the previous year. FishingBooker may at it’s sole discretion notify Vendors of the revocation of their award. Vendors whose Angler's Choice Award has been revoked may regain the Award for a future qualification period if they meet the qualifications for the most recent previous 12 months on the applicable 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 Widget terms and content quality standards. 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 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.

For more information about the Angler’s Choice Award please visit this page.

Loyalty Program Participation

FishingBooker holds the unilateral right, at its sole discretion, to incorporate listings fulfilling Loyalty Program eligibility criteria into the Loyalty Program offer, without notifying Vendors beforehand. Please note that Vendor participation in the Loyalty Program does not entail any additional rights or obligations for the respective vendor.
The benefits of the Loyalty Program apply solely to Customers.

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.