Fishing and Fun
Terms and Conditions
Please read these terms and conditions carefully before using any materials, information, or services provided by Fishing and Fun in Cancun (“fishingandfuncancun.com”, “Fishing & Fun”, “us”, “we” or “our”). Our fishing trips all operate under our complete Terms and Conditions listed below. Scheduling a fishing trip with us is your agreement to these terms and conditions.
Our Services
Fishing & Fun in Cancun provides private fishing charters, excursions, adventures, or trips in Cancun. (“our services”). Our services are made available for personal and non-commercial use only.
Fishing and Fun in Cancun will do everything reasonable for you to have a great time on your fishing trip, but we do have some rules. Some are general safety rules and other rules are for the protection of our boat and equipment.
- A minimum deposit of $100 is required to confirm this agreement and must be received no later than 14 days prior to the fishing trip (unless booking within the 2 week period). If the deposit is not received by the due date, the fishing trip will be automatically canceled without notice. If the fishing party does not appear on the scheduled date and time or does not cancel the fishing trip by email or reschedule by phone at least 8 days prior to the departure date, then your deposit will be forfeited.
- The fishing trip operates under the authority of the boat Captain. The boat Captain has the authority to terminate the fishing trip in the event of unacceptable conduct by the fishing party.
- The fishing party is limited to 8 persons with the option of including a child, for day fishing. (please contact us for special considerations)
- Usage or possession of narcotics, marijuana, or the possession of any other illegal substances of any nature will result in the termination of the trip and forfeiture of all money paid.
- When you reserve a trip date, it is your fishing date/time as long as the boat Captain determines that the weather is appropriate for fishing. Lightening, hail, high winds, and torrential rain are a few examples of severe weather that may result in the boat Captain terminating or halting the fishing trip.
- A trip terminated by the Captain due to the bad weather, once fishing has commenced, will not be entitled to a refund if the fishing party agrees to begin the fishing trip knowing of the impending weather. If we have to cancel a trip due to inclement weather, we may reschedule the trip for the first available date acceptable to both you and us, provided a reasonable amount of fishing time has not been completed. A trip terminated due to member(s) of the fishing party getting sick will not be entitled to a refund or credit. We reserve the right to make whatever changes in the trip that circumstances dictate, including substitutions of boats, cancellations due to weather, mechanical failure, etc.
- It is your responsibility to notify all members of your party and arrange for your party to be present on the date, the location, and at the time.
- The boat Captain shall not be held liable for any injury or fatality that is caused by either direct or indirect action of any member of the fishing party.
- If you do not show up at the place designated on the day of your fishing trip, you will forfeit your deposit.
- The fishing trip agreement includes an outfitted fishing boat, a Fishing Guide, all tackle and bait.
- Misuse of the boat or equipment is prohibited and is grounds for canceling the fishing trip without a refund.
- Glass bottles or other glass items are not allowed on board the boat without prior approval by the boat Captain.
- The balance of your fishing trip price over and above your deposit is due prior to departure from the boat launch.
- Even though your departure time is flexible, you are expected to be on time for your trip.
- The guide service may call you prior to your trip to discuss recent catches, catch locations, the weather conditions, etc or you can call, text or email with any questions.
- Children age 12 and under must wear a personal flotation device. Please assist in making sure that children comply. We will provide you with USCG-approved life jackets.
Prices and Best Price Guarantee
All prices on the Fishing & Fun website are displayed including VAT tax and all other taxes, unless stated differently on our website or in the confirmation email.
Sometimes special offers with cheaper rates are available on our website for a specific fishing trip, however, these offers may carry special restrictions and conditions, for example with respect to cancellation and refund. Please check the fishing trip details thoroughly for any such conditions before making your reservation. All special offers are marked as such.
Privacy policy
Your privacy is very important to us. Please read our Privacy Policy for information concerning Fishing & Fun’s collection and use of your personal information.
Credit card
For certain fishing trips or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the fishing trip booking details thoroughly for any such conditions prior to making your reservation.
Fishing & Fun uses PayPal as a third-party payment processor. You expressly agree to the terms and conditions of the PayPal Services Agreement, and any updates or modifications to either of those documents made from time to time by PayPal.
Cancellation
By making a reservation, you accept and agree to the relevant cancellation and no-show policy.
Further Correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your fishing trip, and (ii) an email which we may send to you promptly after your fishing trip inviting you to complete our review form. Please see our Privacy policy for more information about how we may contact you.
Online Reviews And Feedback
Completed reviews may be (a) uploaded on our website for the sole purpose of informing customers of your opinion of the service level and quality of the fishing trip, and (b) (wholly or partly) used and placed by Fishing & Fun at its sole discretion (e.g. for marketing, promotion or improvement of our services) on our website or such social media platforms, newsletters, special promotions or other channels used by Fishing & Fun. We reserve the right to adjust, refuse or remove reviews at our sole discretion.
We welcome and encourage you to provide feedback including Angler’s reviews, comments and suggestions for improvements to our website. You may submit feedback by emailing us at info@fishingandfuncancun.com or through the “Contact” section of the website.
Disclaimer
Our website, all content and services provided on our website are provided on an “as is” and “as available” basis. Fishing & Fun expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy. Fishing & Fun makes no warranty, and expressly disclaims any obligation, that: (a) our website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of our website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to our website, your downloading of any content from our website, (b) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (c) any inaccuracy relating to the information (including rates, availability and ratings) of fishing trips available on our website, (d) the services rendered or the products offered (e) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (f) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to fishing trips.
Intellectual Property Rights
Unless stated otherwise, we own our website including all of the text, images, software, trademarks or other materials contained on our website. You will not copy or transmit any part and/or content of our website, except for your personal, non-commercial use on your computer.
Fishing & Fun, the Fishing & Fun logo, fishingandfuncancun.com (including mobile version) are trademarks or registered trademarks of Fishing and Fun in Cancun. Other product, service, or company designations on our website belong to our partners and may be mentioned in our website for identification purposes only. You should contact the appropriate partner for more complete information regarding such designations and their registration status. Your use of and access to our website do not grant you any license or right to use any of the marks included on our website.
If you provide us with feedback including but not limited to reviews, suggestions, ideas, ratings or any similar or related, you agree that: (a) we own the feedback and any intellectual property rights associated with it; (b) we can use and share your feedback without your consent; and (c) at our request and expense, you will execute documents and take such further acts as we may reasonably request to assist Fishing & Fun to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback. You understand that we do not control, and we are not responsible to review the feedback. However, we reserve the right to review, edit, or delete any feedback at any time.
Miscellaneous
We strive to update our website regularly and may change the content at any time. If necessary, Fishing & Fun reserves the right, in its sole discretion, to modify, suspend, or terminate our website and/or any portion thereof, including any service or product available through our website, at any time for any reason with or without notice to you.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed following law and any dispute arising out of these terms and conditions and our services shall exclusively be submitted to the competent courts in the United States.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these terms and conditions.