A. Vendor Obligations
These are the Terms and Conditions between TomsCatch Charters & Guides S.L., hereafter referred to as TomsCatch, and the Venders. Venders are fishing charter operators and fishing guides who wish to offer their services on the TomsCatch Platform.
Prior to using TomsCatch's Services, a Vendor is required to register on the TomsCatch Website and perform all actions necessary to comply with the TomsCatch 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 and Listing(s)
Vendors may create fishing trips. In order to create one, Vendors will be asked a variety of questions. 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:
- 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).
- Not conflict with the rights of third parties.
- PLEASE NOTE THAT TOMSCATCH ASSUMES NO RESPONSIBILITY FOR A VENDOR'S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES, AND REGULATIONS.
TomsCatch reserves the right, at any time and without prior notice, to remove or disable access to any TomsCatch trip, account, or listing for any reason, including ones that TomsCatch, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or TomsCatch's policies, or that are otherwise harmful to the website, TomsCatch, or its Customers. By uploading images and texts onto the TomsCatch platform, the vendor hereby grants TomsCatch the non-exclusive right to utilize these materials for marketing purposes, including but not limited to e-mails, newsletters, social media, search engine marketing, search engine optimization, and other online marketing initiatives. This permission extends solely to promotional activities related to the vendor’s products or services on the TomsCatch platform.
Vendors hereby confirm that they understand and agree that TomsCatch 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 TomsCatch is not a party to it.
TomsCatch strongly recommends that Vendors obtain insurance for their fishing trip. 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.
TomsCatch 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 damages that occur or may occur if information or documents provided prove to be false.
For more information regarding the posting of any content on the TomsCatch platform, please read the TomsCatch Content Terms carefully.
Verification of Documents
Vendors will be required to submit certain documents for verification.
The information in these documents is used to verify that Vendors have the necessary permits to run a charter operation. Please note that TomsCatch currently does not have the capacity or resources to focus on local/city/marina regulations.
If the information provided in the documents is insufficient to fully verify a Vendor's profile and the missing information is publicly available, TomsCatch may use the information on record to find new information. For example, if a captain’s USCG Merchant Mariner Credentials expires, we will use the reference/document number on the first page to check the online USCG database to make sure that the document has been renewed.
We DO NOT sell your information to any third party.
B. Accepting a Booking
When a Customer makes a booking, the Vender receives an e-mail with the booking details (name Customer, n° persons, date fishing day…). The Vender can accept or decline the booking. When a booking has been accepted, TomsCatch collects the deposit for the fishing trip from the Customer. The Vendor will receive the balance on the day of the fishing trip (or before if the Vendor agrees so with the Customer).
TOMSCATCH IS NOT RESPONSIBLE IF THE VENDOR DOESN’T COLLECT THE BALANCE BEFORE, DURING OR AFTER THE FISHING TRIP. TOMSCATCH RECOMMENDS VENDORS TO COLLECT THE BALANCE BEFORE STARTING THE FISHING TRIP.
C. Cancelling or Changing Your Booking
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.
If a Vendor cancels a confirmed booking, they agree that TomsCatch may apply penalties or consequences to them or their presence on the Website, including, without limitation:
- Keeping the calendar for the Vendor's listing unavailable or blocked for the dates of the canceled booking.
- At the sole discretion of TomsCatch, removing their Vendor listing from the Website, suspending their Vendor access to the Website, or otherwise limiting their use of the Website as a Vendor.
- The Vendor's charter’s ranking may be damaged by their booking success rate.
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 TomsCatch administrators. TomsCatch may ask a Vendor for supporting documents in order to substantiate their claim for a penalty-free cancelation. 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, TomsCatch administrators will review the reason for cancellation and, if they find it has merit, the Customer will be refunded in full.
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 the TomsCatch 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.
Vendors (the 'Indemnifying Party') will defend and indemnify TomsCatch (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:
- The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements).
- The Indemnifying Party's breach of any representation, warranty, or covenant set forth herein.
- 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.
- 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.
- The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising.