Welcome to the Empire Fishing Charters website (the “Website”).
Empire Fishing Charters are the electronic services offered on or via the Website (“We/ Us/ Our ”). The term “customer/you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
By using the Website you agree to be bound by these Terms and Conditions (this “Agreement”).
Please read this Agreement carefully and save it. 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 Service immediately.
This Agreement will remain in full force and effect while you use the Website and/or are a User. You may terminate your usage at any time. Even after your usage is terminated, this Agreement will remain in effect.
By Empire Fishing Charters we mean the features and services we make available, including through our website at Empire Fishing Charters and any Empire Fishing Charters 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 charter service rendered through Empire Fishing Charters.
By “customer/you“ we mean the person, agency or company paying for services delivered by the vendor through Empire Fishing Charters.
By “service” we mean the reservation of fishing trips through Empire Fishing Charters 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, including anything you or other users post on Empire Fishing Charters.
(1) Scope of Services
Empire Fishing Charters acts only in the capacity of an agent on behalf of the Vendor Companies or other Principal that is providing your services component (Vendor). By making a booking through Empire Fishing Charters, 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.
Our Agreement with You sets out what you are legally entitled to expect from us 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 in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.
The Price You Pay
You acknowledge that Empire Fishing Charters pre-negotiates certain rates with Vendors to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre- negotiated rate for services reserved on your behalf by Empire Fishing Charters and the facilitation fee retained by us to compensate us for our services. You authorize Empire Fishing Charters to book reservations for the total reservation price, which includes the rate displayed on the Website. Upon submitting your reservation request you authorize Empire Fishing Charters to facilitate reservations on your behalf.
We retain our fees as compensation in servicing your reservation. Our fees vary based on the vendor, total amount and type of reservation.
The price of the services will be as quoted on the website, except in cases of obvious error.
Prices are liable to change at any time, but changes will not affect bookings already accepted by our vendors.
Despite our best efforts, some of the services listed on the website may be incorrectly priced.
WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
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. Empire Fishing Charters is under no obligation to provide services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking. All prices are shown in United States dollars, unless otherwise stated.
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 supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. 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 supplier’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.
You agree that Empire Fishing Charters, its vendors ,or any third parties mentioned on this site, are not obligated to determine whether taxes apply and are not responsible to collect ,report,or remit any taxes arising from any transaction.
Most of the services may only require a deposit at the time of booking for you to secure your fishing trip. Any outstanding balance is due to be paid to the Vendor prior to consuming services rendered by and booked with your selected Vendor. If you do not pay your balance prior to consuming our Vendor’s services, the Vendor may cancel the booking and charge any cancellation fees as set out in the Vendor’s terms and conditions.
Empire Fishing Charters may decline to commence any booking process until one business day after our payment processor confirms your payment . You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor before we will acknowledge any payment by you.
Payments of the deposit can be accepted by PayPal, direct bank transfer or credit or debit cards. For payment instructions of the deposit by direct bank transfer please contact us
When making your payment by card, a handling fee may apply, please check this at time of booking. In the event that the credit card holder is not also one of the passengers traveling, a Third Party Credit Card verification process will be completed up to and including completion of a Third Party Credit Card Form along with presentation of passport and driver’s license.
With certain Vendors, you may be presented with the option to pay the full amount immediately. If you select this option, some additional charges and conditions may apply. All payments must be processed successfully. If however, you do not complete your payment program, all monies processed will be forfeited, and your booking will be cancelled.
If You Cancel or Change Your Booking
Any cancellation or amendment request must be sent to us in writing by the lead passenger and will not take effect until received by us.
By making a reservation with a vendor, you accept and agree to the relevant cancellation and no-show policy of that vendor, and to any additional (delivery) terms and conditions of the vendor that may apply to your reservation, including for services rendered and/or products offered by the vendor (the delivery terms and conditions of a vendor can be obtained with the relevant vendor). The general cancellation and no-show policy of each vendor is made available on our website on the vendor information pages, during the reservation procedure and in the confirmation email. Please note that certain rates are not eligible for cancellation or change. Please check the vendor’s details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. You may cancel or change your prepaid reservation in accordance with the individual Vendor`s selected cancellation policy, usually 72 hours prior to your start date. Please note that you may be charged for your cancellation in accordance with the vendor’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the vendor carefully prior to making a reservation.
Neither Empire Fishing Charters nor its authorized representatives shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Customer due to no fault of Empire Fishing Charters, or representatives, which shall include any termination of the Customer’s participation in the Service due to the Customer’s own fault, negligence or breach of these Terms.
Cancellation by Vendors
Empire Fishing Charters acts only in the capacity of an agent on behalf of the Vendor or other Principal that is providing your services component (Vendor). As your contract is with the Vendor, the Vendor`s cancelation 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).
If your booking has to be cancelled prior to departure due to unsafe weather conditions, you shall have the choice of:
accept from Empire Fishing Charters a full refund of deposit paid for the cancelled service(s).
accepting from Empire Fishing Charters a substitute service(s) of equivalent value, where such substitute is reasonably available; or
accepting from Empire Fishing Charters a substitute service(s) of lower value if no service(s) of equivalent value is reasonably available, and to recover from Empire Fishing Charters the difference in deposit between the deposit of the tour originally purchased and that of the substitute one;
Empire Fishing Charters is not responsible for any incidental expenses or consequential losses that the Customer 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. Empire Fishing Charters reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.
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 whilst on fishing trip booked through us, this must be reported to the Vendor, their local supplier or representative immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. If you wish to complain when you return home, please write to the Vendor. You will see their contact details on the confirmation documents we send you. 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 Insurers details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.
By offering services to different destinations ,, EMPIRE FISHING CHARTERS 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 e-mail, 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 Empire Fishing Charters
Although every effort has been made to ensure that the information displayed is entirely complete and accurate, Empire Fishing 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, this is including but not limited to procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the user.
(2) 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 our selected vendors), view content provided by us, interact with us and submit and share views with other customers.
Your use of this Website in these ways 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. If there is any conflict between these Terms and other terms appearing elsewhere on this website then the latter shall prevail.
Since Empire Fishing Charters is offered and operated in USA , these Terms shall be governed by and in accordance with the laws of USA and any disputes arising shall be subject to the non-exclusive jurisdiction of the courts in USA. These Rules are not exhaustive and we reserve the right to vary them from time to time.
Publication of these reviews and their content does not signify that we agree with the views and content given.
This Website contains links to other external websites operated by our selected vendors or partners or other third party websites.
Occasionally as you browse, book arrangements or use the functionality on this Website we may provide you with links or connect you to websites which may be our branded or third party branded sites. These links or connections are made available so you can search for and purchase additional services and find out further information on our services. Please note that we are not responsible for nor do we endorse the content of these websites and your access and use of these websites will be subject to the terms and conditions of those websites.
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.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR BLOG, WEBSITE OR APP?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
WHEN DO WE COLLECT INFORMATION?
We collect information from you when you place an order, fill out a form or enter information on our site.
HOW DO WE USE YOUR INFORMATION?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To administer a contest, promotion, survey or other site feature. To quickly process your transactions. To send periodic emails regarding your order or other products and services.
HOW DO WE PROTECT VISITOR INFORMATION?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
DO WE USE ‘COOKIES’?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
IF USERS DISABLE COOKIES IN THEIR BROWSER:
f you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.However, you can still place orders .
THIRD PARTY DISCLOSURE
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
CALIFORNIA ONLINE PRIVACY PROTECTION ACT
ACCORDING TO CALOPPA WE AGREE TO THE FOLLOWING:
By emailing us By calling us
HOW DOES OUR SITE HANDLE DO NOT TRACK SIGNALS?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
DOES OUR SITE ALLOW THIRD PARTY BEHAVIORAL TRACKING?
It’s also important to note that we allow third party behavioral tracking
COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
FAIR INFORMATION PRACTICES
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
IN ORDER TO BE IN LINE WITH FAIR INFORMATION PRACTICES WE WILL TAKE THE FOLLOWING RESPONSIVE ACTION, SHOULD A DATA BREACH OCCUR:
We will notify the users via email Within 7 business days We will notify the users via in site notification Within 7 business days. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM ACT
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
WE COLLECT YOUR EMAIL ADDRESS IN ORDER TO:
Send information, respond to inquiries, and/or other requests or questions. Process orders and to send information and updates pertaining to orders We may also send you additional information related to your product and/or service.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
TO BE ACCORDANCE WITH CANSPAM WE AGREE TO THE FOLLOWING:
NOT use false, or misleading subjects or email addresses Identify the message as an advertisement in some reasonable way Include the physical address of our business or site headquarters Monitor third party email marketing services for compliance, if one is used. Honor opt-out/unsubscribe requests quickly Allow users to unsubscribe by using the link at the bottom of each email.