Welcome to Captain Experiences
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Last Updated: November 13, 2024
1.1These Terms of Use, along with our Privacy and Cookies Statement (collectively, the "Terms of Use"), govern your use of Captain Experiences, Inc.'s ("Captain Experiences," "CE," "we," "us," "our") services (the "Services") offered through our booking platform (the "Platform"). You can access the Platform through our website (captainexperiences.com, and related domains, mobile properties, and applications, collectively the "Website") and by telephone. "You" refers to anyone accessing or using the Services.
1.2Captain Experiences connects individuals seeking outdoors trips ("Adventurers") with independent, third-party fishing guides ("Guides"). CE is not a travel agency or a tour operator. When you book an experience through the Platform, you are entering into a contract directly with the Guide.
1.3By accessing or using the Services, making a Booking, or creating a CE Account, you agree to be bound by these Terms of Use. The individual making the Booking accepts these Terms of Use on behalf of all persons included in the Booking.
1.4We may modify these Terms of Use at any time. Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms of Use. The "Last Updated" date at the top of this page indicates the most recent revision.
1.5If you do not agree with these Terms of Use, please do not use the Services.
2.1By using the Services, you represent and warrant that all information you submit is true, accurate, current, and complete. You also affirm that you are 18 years of age or older and have the legal capacity to enter into this agreement.
2.2The Services are intended for personal, non-commercial use and for making legitimate booking requests. You are prohibited from using the Services for speculative, false, or fraudulent bookings.
2.3CE reserves the right to deny access to the Services to any individual, at any time, and for any reason, including but not limited to violations of these Terms of Use.
2.4You acknowledge that you may encounter offensive, indecent, or inappropriate content on the Website. CE does not endorse such content and is not responsible for its accuracy or appropriateness. You access and use the Website at your own risk.
3.1You may be required to create a CE Account to access certain features of the Platform. You are responsible for maintaining the security of your email account, which is used for login, and for all activities associated with your CE Account.
3.2CE Accounts are for individual use only. You may not create accounts for others, provide false information, create multiple accounts, or impersonate another person.
3.3CE may suspend or deactivate your CE Account at its sole discretion, with or without notice.
3.4You may request to deactivate your account by contacting CE. However, CE may retain account information for record-keeping purposes.
4.1All content and infrastructure comprising the Website are proprietary to CE. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any Website content without our express written permission.
4.2Unauthorized Use and Access: Using the Website or its content for any commercial or unlawful purpose or attempting to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means is prohibited.
4.3Interference with Website Operations: It is prohibited to interfere with the proper operation of the Website, including but not limited to: accessing, monitoring, or copying any content or information using any robot, spider, scraper, or other automated means or manual process without our express written permission, violating the restrictions in any robot exclusion headers on the Website, or bypassing measures used to prevent or restrict access to the Website, placing an unreasonable load on our infrastructure or making excessive traffic demands on the Website, attempting to disrupt or interfere with the security or functionality of the Website, or removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Website or features that prevent or restrict the use or copying of Website content.
4.4Content Manipulation and Misuse: It is prohibited to use the Website to submit or transmit any content that is false, misleading, defamatory, including but not limited to: deep-linking to any portion of the Website without CE's written permission, "framing," "mirroring," or incorporating any part of the Website into another website without CE's prior written authorization, attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by CE, using the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial or not, or using the Website to submit or transmit pornography or illegal content.
4.5Harmful and Illegal Activities: It is prohibited to use the Website in a manner that may cause harm to CE, its users, or third parties, including but not limited to: using the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website, using the Website to promote bigotry or discrimination against protected classes, using the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, using the Website to solicit personal information from minors or to harm or threaten minors, transmitting computer viruses, worms, defects, Trojan horses, or other items of a destructive nature, or violating the security of any computer network, cracking passwords, or security encryption codes.
4.6Conflicts of Interest: It is prohibited to use the Website in a manner that may create a conflict of interest or undermine the purpose of the Services.
5.1Guides represent and warrant that all information provided in their profiles and trip listings, including qualifications, experience, equipment, and pricing, is true and accurate.
5.2Guides are obligated to promptly notify CE of any changes or updates to their trips, including but not limited to changes in start time, start location, boat, type of trip, targeted species, techniques used, pricing, and anything else that will impact an Adventurer’s experience and expectations in booking and attending their trip.
5.3Guides are ultimately responsible for their pricing on the website. Guides will not increase their pricing on CE relative to their pricing on their own website and will maintain consistent pricing parity (Guides will not charge more on CE than they do on their own). If a guide’s prices are out of date and an Adventurer books a trip, the guide must honor the price booked on the CE website and take the Adventurer out at the price they booked.
5.4Guides are responsible for keeping their licenses, insurance, and any other legal requirements for operation (like drug consortium memberships) up to date. CE is not responsible for keeping track of guides’ legal ability to provide guided trips.
5.5CE reserves the right to modify trip details submitted by guides for clarity, accuracy, and marketing purposes, provided such modifications do not materially alter the nature of the experience.
5.6CE retains the right to edit content uploaded by guides to remove any branded content, content that CE believes could lead customers to book outside of CE, or any content deemed inappropriate.
5.7Intellectual Property: While Guides retain ownership of the content they create (e.g., photos, descriptions, reviews, reports), by uploading content to the Platform, sending content to CE via phone, sms, email, or other channel, or instructing CE to gather content directly from the guide’s website or social channels, Guides grant Captain Experiences a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content on the Website and in marketing materials, both online and offline.
5.8Guides agree not to solicit or encourage Adventurers to make payments outside the CE system, including offering discounts for alternative payment methods.
5.9Guides agree not to solicit or encourage Adventurers to book trips outside of the CE system.
6.1Bookings made through the Platform constitute a contract between the Adventurer and the Guide. CE acts as a limited payment collection agent for the Guide.
6.2By making a Booking, you warrant that you are 18 years of age or older, possess the legal authority to enter into this agreement and a separate agreement with the Guide, and that all information you provide is accurate.
6.3Pricing: Prices are subject to change. Prices may exclude taxes, fees (such as fish cleaning, marina fees, fuel surcharges, license fees), gratuities, equipment rentals, and other incidentals not expressly included in the trip description.
6.4Currency Conversion: Any currency conversion tools provided on the Platform are for informational purposes only. CE is not liable for currency fluctuations or discrepancies between estimated and actual exchange rates.
6.5Payments: Via our third-party payment provider, CE processes your payment as the limited payment collection agent of the Guide. When you book a trip, we place a hold on your card for the deposit amount. Upon confirmation by the Guide, the deposit is captured. After the trip commences when the QR Code is scanned by the guide, the remaining balance is automatically charged to your card. CE reserves the right to charge an Adventurer’s card the balance of the trip that is due if they leave the trip without paying. The value of your booking may be subject to taxes, duties, foreign transaction fees, currency exchange fees, or other charges imposed by your bank or card company. CE is not expressly responsible for gratuity payments.
6.6Payouts: CE reserves the right to deduct payment processing fees from the amount paid to Guides. CE will retain its commission for completed bookings. Payments to guides can take up to two business days or more. Guides agree to utilize our designated payout process and provide all necessary information for payment processing.
7.1To request modifications to your Booking after it has been confirmed, please contact CE as soon as possible. While we will do our best to accommodate your request, we cannot guarantee changes can be made.
7.2Cancellations are subject to the Guide's cancellation policy, which is displayed on the Website at the time of booking. It is your responsibility to review the cancellation policy before making a Booking.
7.3CE is not required to issue a refund once an Experience has commenced or any services have been utilized. You are not entitled to a refund based solely on dissatisfaction with the Experience, including catch results or species caught. All trips are considered fully executed upon the Adventurer boarding the Guide's vessel or commencement of the trip. At this point, you acknowledge and agree that the full trip price, plus any applicable adventurer service fees, will be charged, regardless of whether the QR code has been scanned. In the event a trip is curtailed due to mechanical issues or inclement weather, partial refunds and rescheduling will be handled on a case-by-case basis.
7.4CE reserves the right to cancel, change, or substitute any Experience for any reason at any time. If a material change is made (e.g., significant change to the itinerary or dates or price) and you are not satisfied with the proposed alternative, you will be entitled to a full refund of the amount paid.
7.5Depending on the reason for cancellation, your deposit may be held as a credit toward a future trip or a full refund may be issued. If the booking was never confirmed, or is canceled due to extenuating circumstances, a refund will be issued.
7.5In the event that you cancel day-of or no-show your trip without notice, CE reserves the right to charge the full balance of the trip as compensation for the guide.
8.1CE does not guarantee the availability or accuracy of trip information on the Website. This information is the responsibility of the Guide. If your booked trip becomes unavailable, CE will make reasonable efforts to reassign you to a comparable alternative trip and notify you of the change. If you decline the reassigned trip, a full refund will be available.
9.1You are solely responsible for ensuring you meet all entry requirements for your destination, including having valid travel documents such as passports and visas. Consult the relevant embassy or consulate for up-to-date information.
9.2We strongly recommend purchasing comprehensive travel insurance before your trip. Travel insurance may reimburse cancellation fees and other expenses if your trip is canceled or significantly altered. Review your policy details carefully.
9.3While most travel is completed without incident, certain destinations may involve greater risks. We urge you to research and review travel advisories issued by the United States Government and your destination country before booking international travel.
9.4CE makes no representations or warranties about the safety of any destination and is not liable for damages or losses resulting from travel to such destinations.
10.1THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. CE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE WITHOUT INTERRUPTION, SECURELY, OR ERROR-FREE. CE DOES NOT WARRANT THE QUALITY OF ANY EXPERIENCES, SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM CE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, CE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, ANY CONTENT OBTAINED FROM THE SERVICES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THIS APPLIES REGARDLESS OF THE LEGAL THEORY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT CE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID TO CE FOR THE SERVICES OR, IF YOU HAVE NOT MADE ANY PAYMENTS, $100.
11.3By booking (as an Adventurer) or hosting (as a Guide) a trip through CE, you acknowledge and accept that these activities involve inherent risks, including but not limited to risks associated with firearms, watercraft, wildlife, and outdoor environments. CE acts solely as an online platform connecting Adventurers and independent Guides and is not responsible for any injuries, accidents, damages, objectionable behavior, indecency, or profanity that may occur during your trip.
11.4Limitation of Liability: You agree that CE is not liable for any personal injury, death, loss, or damage to property arising from any incident, dispute, or disagreement between Adventurers, Guides, or other participants on the trip. This includes any misconduct, indecent or objectionable behavior, or actions by guides or other customers.
11.5Assumption of Risk: You understand and accept full responsibility for assessing your own suitability for the trip and assume all risks, including those of bodily harm and property damage, associated with the trip.
11.6These limitations of damages are fundamental elements of the agreement between you and CE. Some jurisdictions may not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in their entirety.
12.1Captain Experiences utilizes third-party services (e.g., payment processors, insurance providers) for certain aspects of the Services. CE is not responsible for the actions, errors, or negligence of these third-party providers, or for any damages resulting therefrom.
13.1You agree to indemnify and hold harmless Captain Experiences and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your access to or use of the Services, or your violation of these Terms of Use.
14.1If a dispute arises between you and Captain Experiences, we encourage you to contact us first to attempt to resolve the matter informally. If we are unable to reach a resolution, you and Captain Experiences agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the use of the Services (collectively, "Disputes") will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. You acknowledge and agree that you and Captain Experiences are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Dispute Resolution section shall be governed by the Federal Arbitration Act. The prevailing party in any arbitration or litigation will be entitled to recover its reasonable attorneys' fees and costs. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services that is not subject to arbitration shall be instituted exclusively in the state or federal courts located in Austin, Texas. You consent to the exclusive jurisdiction and venue of these courts.
15.1CE reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice. CE is not liable to you or any third party for such modifications or discontinuations.
16.1You represent and warrant that any photographs or recordings you take during an Experience will only be published or shared with the permission of all other participants. You consent to photographs and recordings being taken during your Experience by the Guide, other participants, and CE representatives. You grant CE a worldwide, perpetual, royalty-free license to use these photographs and recordings for promotional purposes. You acknowledge that obtaining necessary permissions for photographs and recordings is the sole responsibility of the participants, and CE bears no responsibility in this regard.
17.1CE reserves the right, but is not obligated, to monitor and remove user-generated content (e.g., reviews, comments) that it deems inappropriate, unlawful, or in violation of these Terms of Use.
18.1These Terms of Use constitute the entire agreement between you and CE regarding the Services and supersede any prior agreements.
18.2You may not assign or transfer these Terms of Use without CE's written consent. CE may assign or transfer these Terms of Use without restriction.
18.3CE's failure to enforce any right or provision of these Terms of Use does not waive future enforcement. Any waiver must be in writing and signed by a duly authorized representative of CE.
18.4If any provision of these Terms of Use is deemed invalid, the remaining provisions will remain in full effect.
19.1By using the Services, you affirm that you are 18 years of age or older and have the legal authority to enter into this agreement. If you are under 13, you may not use the Services. Parents/guardians are responsible for monitoring their children's online activities. Misrepresenting your age may have legal consequences.”
20.1Captain Experiences may terminate these Terms of Use and your access to the Services at any time, for any reason, including your breach of these Terms. You may terminate these Terms of Use by ceasing your use of the Services. Upon termination, the license you grant to CE for user-generated content will survive, as will the sections concerning intellectual property, warranty disclaimers, limitations of liability, indemnification, arbitration, governing law, and general provisions.
21.1By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.