1. Scope of our services
Through this website, we (Tomscatch.com, website property from tomsCatch Charters & Guides S.L.) provide an online platform through which fishing charters and fishing guides offer their services and through which visitors can buy these fishing experiences. By making a reservation through tomscatch.com, you will enter into a direct contractual relationship (legally binding) with the owner of the boat or with the fishing guide you have booked with. We act only as a intermediaries between you and the charter or guide, communicating details of the reservation to the chosen charter or guide and sending you a confirmation email on behalf of the charter or guide. The information shown is based on information provided to us by the charters. the charters and guides have access to a back-end administration where thy publish and up-date their the rates, availability and other information displayed on our Web site. Although we try our best to have accurate information on the site, we can not verify or guarantee that all information is accurate, complete or correct. Nor are we responsible for errors (including patents and typographical errors), interruption (due to temporally server failures or partial repairs, upgrades and maintenances of our Web site or otherwise), inaccurate, misleading, false or lack of information. the charter is responsible at all times of precision, accuracy and correctness of the information (both description of relevant rates and availability) appearing on our website. Our services are only for personal, noncommercial use. therefore, the user is not allow to re-sell, embed links, use, copy, monitor (eg, spider, scrape), display, download or play the content, information, software, products or services available on our website for any commercial or competitive activity.
2. Prices and best price guarantee
Tom's Catch offers secure payments through STRIPE and PAYPAL.
Tomscatch.com follows ethical standards and respects your privacy. Except for data required by law in any jurisdiction and your name, email address necessary to complete the booking, we will not disclose your personal information to third parties without your consent.
A. WHO IS RESPONSIBLE FOR THE DATA PROCESSING? Tomscatch Charters & Guides S.L., with C.I.F. B55602809 and address at c. Rep. Argentina 34, 34892 Miami Playa (Spain), telephone +34 651 377 316 and e-mail email@example.com is responsible for the processing of personal data. IDENTITY: Tomscatch Charters & Guides S.L. POSTAL ADDRESS: c. Rep. Argentina 34, 34892 Miami Playa (Spain) PHONE: +34 651 377 316 CONTACT: firstname.lastname@example.org CONTACT DELEGATE DATA PROTECTION: email@example.com
B. WHAT IS THE PURPOSE OF THE DATA PROCESSING? Tomscatch Charters & Guides S.L., treats the information you provide in order to answer queries raised through the website, carry out the administrative, fiscal and accounting management of the company, manage and process orders and purchases made through the online store, as well as send commercial information. The personal data provided will be kept as long as the relationship with the company is maintained, until the interested party requests its deletion or for the years necessary to comply with legal obligations.
C. WILL I RECEIVE COMMERCIAL INFORMATION? In the newsletter section when registering, Tomscatch Charters & Guides S.L. collects the express consent of the owners of the data to send commercial communications of products related to the company, via email or any other means.
D. WHAT IS THE LEGITIMACY TO USE YOUR DATA? The legal basis for the processing of personal data is as follows: - The unequivocal consent of the interested party for the processing of their personal data. - The fulfillment of a legal obligation and / or transfer of data to public bodies and authorities, provided they are required in accordance with the laws and regulations.
E. TO WHICH RECIPIENTS WILL THE DATA BE COMMUNICATED? The data will be transferred to third parties when there is a legal obligation, such as, for example: to banks and savings banks, as well as to the Tax Authorities. The name, surname and telephone number are communicated to the companies that carry out the activity in order to facilitate communication between the client and the activity provider.
F. WHAT IS THE LEGITIMACY TO USE YOUR DATA? Those affected, as owners of their data, can exercise before Tomscatch Charters & Guides S.L., the rights of access, rectification, cancellation and opposition. S.L., the rights of access, rectification, deletion, opposition and limitation to the treatment of the same. - Right of access: The affected party will have the right to be informed about the purposes of the processing, categories of personal data that are processed and possible data communications and their recipients, the period of data retention, the right to request rectification or deletion of data, limitation to the processing, and oppose to it, the right to file a complaint with the Spanish Data Protection Agency, the appropriate guarantees for the realization of international transfers. - Right of rectification: The data subject shall have the right to rectify inaccurate data, and to have incomplete personal data completed, including by means of an additional declaration. - Right to erasure: The data subject may request the erasure of personal data if any of the cases provided for in the regulations apply. - Right to limitation of processing: The data subject shall have the right to request Tomscatch Charters & Guides S.L. to suspend the processing of his/her data when the accuracy of the data is contested or if he/she has exercised the right to object to the processing, while verifying whether the legitimate reasons of Tomscatch Charters & Guides S.L. prevail over the data subject.
You also have the right to ask the company to retain personal data when the processing is lawful but the data subject objects to the deletion of his data and requests instead the limitation of their use or when the company no longer needs such data, but the data subject needs them for the formulation, exercise or defense of claims. - Right of opposition: The affected party may oppose the processing when, for reasons related to his or her personal situation, the processing of such data must cease unless it is proven that there is a legitimate interest, or it is necessary for the exercise or defense of claims.
G. HOW WAS THE DATA COLLECTION PROCESS? The personal data processed by the company has been obtained directly from the owner of the data or his legal representative. - Identifying data: Name and surname(s) - Postal or e-mail addresses and telephone numbers. - Data related to the user's transactional activity with the websites owned by Tomscatch Charters & Guides S.L. - Commercial information data. - Economic and/or banking data.
When a booking is cancelled, TomsCatch makes no money. Depending on who cancels the fishing tour and when the cancellation is made, the deposit paid during the booking will be transferred either to the customer or to the captain.
Captains set their own cancellation policies. They can determine if the deposit is non-refundable, or 100% refundable with a certain number of days prior notice. If the customers cancels a trip with a non-refundable deposit cancellation policy, he or she will forfeit the deposit.
When Customers Cancel
If the customer cancels a fishing trip with a free cancellation policy (this is you can cancel cost-free if you cancel with at least x days prior to the fishing trip), the customer gets a full refund. If the customer cancels after that date, he or she will forfeit the deposit. Example: if the captain has set a Free Cancellation with 7 days notice, the customer gets a full refund if he or she cancels with 7 days or more prior to the fishing trip. If the customer cancels with less than 7 days prior notice, he or she will forfeit the deposit.
When a customer forfeits the deposit, the money will be transferred to the captain.
You can review the cancellation policy for each charter on the fishing charter page in the section “Booking Policy”. This information is also visible during the payment process on the check-out page.
When Captains Cancels
The customer will always get a refund if the captain is responsible for cancelling a trip. The can be due to a scheduling issue on behalf of the captain, mechanical issues or bad weather conditions.
We ask captains to inform us when they have mechanical issues so that we can set correct expectations for their customers.
Bad Weather & Mechanical Issues
In the event of the port being closed due to severe weather, your trip will be re-scheduled. If this is not possible the customer will get a full refund. As safety is of the utmost priority for TomsCatch, if it is unsafe to run a trip due to a boat malfunction or bad weather, the captain will not be held responsible for cancelling trips. Captains keep us informed about weather conditions and mechanical issues; and we encourage them to inform the customer about the weather and unfortunate technical problems. Still, recommend to contact the captain 24h - 48h prior to the trip to confirm the trip. If a trip gets cancelled, TomsCatch can’t be held responsible for any expenses made by the customer to make the fishing trip, including hotel costs, transportation costs, fuel, high way toll, etc.
5. Rebooking and changes
The fishing trips can be changed if the captain accepts the change and if he has availability. Service fees may apply when a change is made to a booking.
6. Responsibilities and Conduct
The fishermen and guests are responsible for their actions and should have liability insurance. For your safety, tomscatch Charters & Guides S.L. does not tolerate alcohol or drug abuse. Guest safety is our first priority. Our Captains may, at their sole discretion, end a charter prematurely and return to port if he/she determines that any guest's safety is in jeopardy. Excessive alcohol consumption, illegal drug use, destructive behavior, or illegal activity of any kind are not tolerated aboard any vessel. If the guide or captain decides to end the fishing trip prematurely for these reasons, the customer has no right for any kind of refund at all.
Important: Each person who comes aboard a fishing charter must be able to identify themselves to the authorities by an official identity document (ID or Passport).
Subject to the limitations specified in these terms and conditions, we are only liable for direct damage suffered, payment or contract due to defects attributable to our obligations in reference to our services, to a total amount of the total cost of your booking as indicated in the confirmation email (whether by one case or a series of cases). However, neither we, nor any of our affiliates are responsible for: (i) loss or any punitive, special, indirect or consequential loss of production, profit, revenue, contracts and customer loss or damage of reputation claims and losses, (ii) errors relating to information (description, including rates, availability and classifications) of the charter available on our website, (iii) services or products offered by the charter, (iv) loss, damage or costs (direct, indirect, consequential or punitive damages) to suffer, or pay contract, arising or relating to use, unavailability or delay of our Web page, or (v) for damages, losses or costs (personnel: injury, death, damage to ownership, direct or indirect, special, consequential or punitive), suffered, or contract payment, either through acts (laws), errors, violations, negligence (gross), deliberate misconduct, omissions, defaults, misbehavioural representation, objective responsibility outside the contract (at whole or partially) attributable to the charter (its employees, directors, staff, agents, representatives or affiliates), including any cancellation (partial), overbooking, strike, act of nature or others outside our control.
Except as otherwise indicated, the software required to use our services or similar systems, or that is used on our website and their intellectual property rights (including copyrights) of content and information, and the material on our website belong to tomscatch Charters & Guides S.L., its suppliers or distributors. These terms and conditions and our services are governed by and drawn under the laws of Spain and any dispute arising from these terms and conditions and our services will be presented only before the competent courts of tarragona, in Spain.
TomsCatch Charters & Guides S.L.