Welcome to the FishingVacations.com website (and together with any and all subpages, the "Website").
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
By using the Website or any of the Products, or by clicking “I AGREE” or any similar button anywhere on the Website, you agree to be bound by the terms and conditions of this "Agreement".
Please read this Agreement carefully prior to using the Website or the Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement. If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all the damages that the legal entity may suffer.
If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all the damages that the legal entity may suffer.
This Agreement, as the same may be modified from time to time, will remain in full force and effect at all times.
By "FishingVacations" we mean the features and services we make available, including through our website at FishingVacations.com and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
By "Vendor" we mean the person, agency or company responsible for delivering and managing the fishing trip service rendered through FishingVacations.com.
By "Customer/you“ we mean the person, agency or company paying for services delivered by the vendor through FishingVacations.com.
By "Service(s)" we mean the reservation of fishing trips through FishingVacations.com through which Vendors can make their fishing trip services available online for reservation, and through which Customers can make such fishing trip reservations with Vendors.
By "information" or "content" we mean facts and other information about a Vendor or Customer, including anything you or other users post on FishingVacations.
"Listing" means the Vendor’s advertisement of various different travel products and services that can be purchased, reserved, or consummated by you from the Vendor on the FishingVacations platform.
Scope of Services
FishingVacations acts only in the capacity of an intermediary on behalf of the Vendor or other Principal that is providing your Services. By making a booking through FishingVacations, you are entering into a contract directly with the Vendor and you will be subject to their terms and conditions. The delivery terms and conditions of a Vendor can be obtained with the relevant Vendor, if requested, prior to a booking being confirmed or along with your booking confirmation. By confirming your booking you are accepting the Vendor’s terms and conditions and our terms and conditions.
FishingVacations shall not be liable for anything stated in Vendor’s terms and conditions. Our Agreement with you sets out what your rights and obligations are when you book or reserve fishing trips through us.
From the point at which you make your reservation, we act solely as an intermediary between you and the Vendor, transmitting the details of your reservation to the relevant Vendor and sending you a confirmation email for and on behalf of the vendor.
We will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website or any of the FishingVacations Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Website or any of the FishingVacations Products or Services. FishingVacations is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Website or any of the FishingVacations Products or Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the FishingVacations services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
FishingVacations makes available an online platform or marketplace with related technology for Customers and Vendors to meet online and arrange for bookings of fishing trips with each other. FishingVacations is not an owner or operator of the properties, including, but not limited to, boats, equipment, accommodations, etc., nor is it a provider of properties, including, but not limited to, boats, equipment, accommodations, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND FISHINGVACATIONS PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND VENDORS CONNECTING AND BOOKING FISHING TRIPS WITH EACH OTHER. WE ARE NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL FISHING TRIPS, CONTENT REGARDING BOAT DESCRIPTION CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OR ANY FISHING TRIPS.
Accessing the Website and FishingVacations Services
By registering with FishingVacations or providing information for its use, you represent and warrant that you are of legal age to enter into a binding contract, or, if you are a legal entity, you are authorized to enter into and bind the entity to this Agreement and perform the terms and conditions of this Agreement. We reserve the right to refuse service, terminate accounts, remove or edit content in its sole discretion and timing.
You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You are solely and fully responsible for all activities, liabilities, and damages that occur under your account or password or from your failure to maintain password confidentiality. You agree that we shall not be liable for any losses or damages arising from your failure to keep your username, password, or other registration information secure. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You agree to comply with all applicable laws regarding online conduct and acceptable content.
We reserve the right to withdraw or amend the Website or any of the FishingVacations Products or Services, and any product, service, or material we provide on the Website or the FishingVacations Products or Services, in our sole discretion, without notice. We will not be liable to you if, for any reason, any part of or the entire Website or FishingVacations Services are unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of this Agreement and comply with it.
Pricing and Payment
Despite our best efforts, some of the Services listed on the website may be incorrectly priced.
A final price will be given prior to your trip being confirmed. Errors are rare but can occur in the pricing system and these cannot be honored.
We are under no obligation to provide Services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
Important Note Regarding Additional Services.
Cancellation by Vendors
As your contract is with the Vendor, the Vendor’s cancellation policy shall apply.
We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those Vendors in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
Please note that Vendors have the ultimate responsibility for the safety of the crew and the people onboard. In the event that the trip is no longer safe due to any reason, the Vendor has the right to cancel the whole or part of the trip (before or after departure).
FishingVacations is not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
As a Vendor, you may create fishing trips and listings to advertise those trips. To create them, you will be asked a variety of questions. You acknowledge and agree that you alone are responsible for any and all content you post on your listings. Accordingly, you represent and warrant that any listing you post and any booking that you receive as a result of the listed trips and any Customer’s experience on a fishing trip you advertised on the FishingVacations platform will not breach any agreements you have entered into with any third parties, and will (i) 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 you post (including having all required permits, licenses, and registrations), and (ii) not conflict with the rights of third parties.
FishingVacations makes decisions on the basis of the information from the listing, the enclosed documents 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.
PLEASE NOTE THAT FISHINGVACATIONS ASSUMES NO RESPONSIBILITY FOR A VENDOR’S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES AND REGULATIONS.
FishingVacations reserves the right, at any time and without prior notice, to remove or disable access to any FishingVacations trip, account or listing for any reason, including ones that FishingVacations, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or FishingVacations’s policies, or that are otherwise harmful to the Website, FishingVacations, or its Customers.
As a Vendor, you understand and agree that FishingVacations does not act as an insurer or as your contracting agent. If a Customer requests a booking of your fishing trip, any agreement you enter into with such Customer is between you and the Customer and FishingVacations is not a party to it.
FishingVacations recommends that Vendors obtain insurance for their fishing trips. Please review any insurance policy that you may have for your fishing trip carefully and ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of Customers while on the trip.
Vendor Payment of Fees
Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then‑current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.
FishingVacations does not endorse any Vendor, Customer, or listing. Although Vendors and Customers are required by this Agreement to provide accurate information, FishingVacations does not make any representations about, confirm, or endorse any Vendor, Customer, or any Vendor’s or Customer’s purported identity or background.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Vendors or Customers or other third parties will be limited to a claim against the particular Vendor or Customer or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
You may use the Website and the FishingVacations Products and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Website or the FishingVacations Products and Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate FishingVacations, a FishingVacations employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FishingVacations or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website or FishingVacations Products or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the FishingVacations Products or Services, including their ability to engage in real time activities through the Website or FishingVacations Products or Services.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website or FishingVacations Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
Access, tamper with, or use non-public areas of the Website, FishingVacations computer systems, or its delivery processes.
Probe, scan, or test the vulnerability of any system or network or breach or circumvent the security or authentication measures.
Access or search or attempt to access or search the services by any means other than those specifically provided by FishingVacations.
Forge any TCP/IP header in any email or posting, or in any way use the FishingVacations Products or Services to send altered, deceptive, or false source-identifying information.
Interfere with or disrupt the access of any Customer or Vendor.
Otherwise attempt to interfere with the proper working of the Website.
Requirement to Review Vendor Rules and Restrictions
Separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Vendor’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party Vendors offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Vendor’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, and in your forfeiting any monies paid for such a reservation.
FishingVacations is a community for all people who love fishing regardless of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status. We promote and will continue to promote equality, acceptance, respect, and above all else our mutual love of fishing. We encourage all FishingVacations users, both Captains and Anglers, to act upon the same principles that FishingVacations stands for and to act with respect toward one another.
Captains and Anglers may not:
Decline or cancel a booking or create or demand different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
Post any listing, review or make any statement that discourages or indicates a preference for or against any Captain or Angler on account of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
We are aware that some types of unequal treatment are perfectly legal, and cannot form the basis for a civil rights case alleging discrimination. Captains and Anglers may decline or cancel a booking based on factors that are not prohibited by law. Nothing prevents a Captain or an Angler from declining or canceling a booking on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class.
We are also aware that each country and state has safety regulations (that include but are not limited to age, weight, disability requirements, etc) that need to be met and that Captains may have to cancel a booking in order to comply with those regulations. Those kinds of acts will not be considered discriminatory. Captains may in their sole discretion, acting in good faith, cancel a booking because someone's age, weight, disability, etc. based on objective reasons (including but not limited to weather, tide, boat requirements) in order to prevent damage to people and property. Those kinds of acts will not be considered discriminatory.
If a particular listing or review contains language contrary to this nondiscrimination policy, FishingVacations can, in its discretion, change, remove and take steps up to and including suspending and/or banning the Captain or Angler from the FishingVacations platform.
If the Captain improperly cancels a booking on the basis of age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation demonstrating that his or her actions were motivated by factors prohibited by this policy, FishingVacations will take steps to enforce this policy, up to and including suspending and/or banning the Captain from the platform.
YOU AGREE THAT FISHINGVACATIONS INC. IS NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY IS NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING (I) YOUR APPLICABLE TAX REPORTING REQUIREMENTS, AND (II) THE TAXES THAT SHOULD BE INCLUDED, AND FOR INCLUDING TAXES TO BE COLLECTED OR OBLIGATIONS RELATING TO APPLICABLE TAXES. YOU ARE ALSO SOLELY RESPONSIBLE FOR REMITTING TO THE RELEVANT AUTHORITY ANY TAXES INCLUDED OR RECEIVED BY YOU. WE CANNOT AND DO NOT OFFER TAX-RELATED ADVICE TO ANY CUSTOMERS OR VENDORS.
As your contract is with the Vendor, all complaints should be addressed to them but we will do our best to assist you with any queries or concerns you may have relating to your arrangements. If you have a problem while on a fishing trip booked through us, you must report the same to the Vendor, their local supplier or representative immediately. If you fail to follow this procedure, your complaint is less likely to be properly investigated and rectified. Any complaints upon your return from your trip must be directed to the Vendor. We will of course do our best to assist you if required.
Insurance and Safety
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured. Some hazardous activities may require additional coverage – please check with your insurance vendor. It may be a term of your contract with the Vendor that you take out suitable insurance cover and inform the Vendor of whom you are insured with so that they can take down your insurer’s details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.
BY OFFERING SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, FISHINGVACATIONS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Once you receive your confirmation email, please check it carefully to make sure that all details are correct and also ensure that the names given are the same as in the relevant ID documents you will present to the Vendor. If you believe one or more details are not correct, please contact us. Please ensure you check the information provided so that you are fully aware of timings, durations, departures and other details. If you are unsure about any aspect of your trip please contact our Customer Service department.
Although every effort has been made to ensure that the information displayed is entirely complete and accurate, FishingVacations accepts no liability for any injury to persons, or any loss or damage to property caused by errors or omissions in the data displayed, whether they result from negligence, accident or any other cause.
We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, including, but not limited to, procuring or having in possession any passport valid identification for travel or fishing licenses and or other documentation required by state law in the state/country in which the fishing trip is happening. That is the sole responsibility of the Customer.
Use Of Our Website
We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our Services (as well as those provided by Vendors), view content provided by us, interact with us and submit and share views with other Customers.
Your use of this Website is subject to these Website Terms and Conditions that incorporate our Customer Review Rules which set out the terms upon which you are able to submit reviews and content to us related to our products and services.
Customer Review Rules
By submitting reviews and contributions, you are granting FishingVacations a non-exclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media.
By submitting your review, you represent and warrant that:
You own or control the content of your review and it is your own original work. Reviews should be genuine experiences and content should be relevant and helpful to other Customers of the website;
The content is not defamatory and does not infringe any applicable content laws – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libelous, abusive, racially or sexually offensive or obscene;
Your review does not contain any harmful content, including, without limitation, viruses, worms, Trojan horses or other computer programs that may damage or affect any system or data;
Your review does not contain questions or comments aimed at other Customers or Vendors or our staff and/or representatives;
You will indemnify and hold harmless us and all our affiliates for all damages, costs and expenses incurred for breach of these warranties.
We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from this Website without notice after publication at our sole discretion.
Publication of these reviews and their content does not signify that we agree with the views and content given.
Limitation of Liability
In no event will FishingVacations, its affiliates or any of their licensors, service providers, employees, agents, officers, managers, or members be liable for damages of any kind, under any legal theory, arising out of or in connection with, your use, or inability to use, the Website, the FishingVacations services, any websites linked to it, any content on the Website, or such other Websites or any other services or items obtained through the Website, FishingVacations services, or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, death, disability, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Weather Widget Disclaimer:
General - The information provided by FishingVacations is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
Tide variations - Unofficial tide variations and tide predictions for secondary ports which are calculated using average time differences should not be used for navigation.
Emergency situations - Information provided by FishingVacations must not be used in emergency situations. In emergencies please refer to your official local government forecasting agency.
The nature of weather - It is important to remember that weather is unpredictable. Weather forecasting is not an exact science, and weather observations can contain errors, omissions or loss of data.
System failures and technical glitches - It is also important to remember that system failures and technical glitches can occur that may result in errors, omissions, loss of data or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in FishingVacations systems failures.
Liability indemnity - As a result of the nature of weather and the existence of system failures and technical glitches, FishingVacations does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of the use of information displayed on FishingVacations or provided by FishingVacations, or if FishingVacations is unavailable. This may also include information provided to FishingVacations by external websites.
Each Customer and Vendor, by making use of any of the Services of FishingVacations or the Website agrees to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of any of the Website or FishingVacations Products or Services. Notwithstanding any United States or other law relating to the limitation of liability, Vendor and Customer agree to fully indemnify FishingVacations in the full amount of damages actually paid by FishingVacations pursuant to a dispute or controversy.
Maintenance of Website
Due to maintenance work, we reserve the right to alter, update, or cancel our Service at any time. We may conduct such maintenance for security reasons, intellectual property or other reasons at our discretion, and we are not required to explain such modifications.
Any notice or other communication given hereunder shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to FishingVacations at the address indicated on top of this Agreement. Notices hereunder shall be deemed to have been given on the date of mailing, except notices of change of address, which shall be deemed to have been given when received.
FishingVacations may revise and update this Agreement from time to time at our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website and FishingVacations Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website or FishingVacations Products and Services following the posting of revised, updated, or changed Agreement means and shall constitute your acceptance and agreement to the revisions, updates, or changes. You are expected to check, read, and agree to this page each time you access or utilize FishingVacations Products and Services so you are aware of any revision, update, or change, as they are binding on you immediately.
Binding; Entire Agreement
This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assigns. This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
Governing Law; Venue
This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of California, notwithstanding its or any other jurisdiction’s choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the State of California, through binding arbitration (see Arbitration).
The waiver by us of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
Class Action Waiver
Both you and FishingVacations agree that each may bring claims against the other in an individual capacity only. Neither you nor FishingVacations may bring a claim as a plaintiff or class member in any class action, consolidated action or representative action. We both waive the right to a jury trial.
Any dispute or claim relating in any way to your use of any of FishingVacations’s services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the California Arbitration Act. The decision of the arbitrator shall be final and binding upon all Parties. In the event that your claim is rejected you are obliged to reimburse all costs, including but not limited to arbitration fees and any other legal fees, incurred in the proceedings.
No Third Party Beneficiaries
Nothing contained herein is intended, nor shall it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person shall have any rights or remedies under this Agreement.
We shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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