Terms of Service
Singapore Fishing Charter Pte. Ltd’s Terms Of Service, as may be amended from time to time, apply to all our services directly or indirectly made available online (on our website www.singaporefishingcharter.com, affiliate sites or via email) and/or offline (through Whatsapp or calls through our hotline). By assessing, browsing and using our website through whatever platform and/or by making payment of a deposit, charter fee or other payments to us (whether by way of bank transfer, PayNow, credit card, cash or any other payment method), you (for purpose of this Terms of Service, “you” refers to you and the people attending your trip), acknowledge and agree that you have read, understood and unconditionally accepted and agreed to the Terms of Service herein. Where your access and use is on behalf of another person (including the other people who are joining your trip), you confirm that you are authorised to, and do in fact, agree to the Terms of Service on those persons’ behalf, and that, by agreeing to these Terms of Service on those persons’ behalf, those persons are bound by these Terms of Service. You further represent that you legally have the capacity to accept these terms and conditions and you affirm that you are of legal age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations and to provide the representations and warranties as set forth in these Terms of Service, and to abide by and comply with them.
(1) SCOPE OF SERVICE
We, Singapore Fishing Charter Pte. Ltd., provide fishing and leisure trips on boats through our online and offline booking platforms. Trips are conducted on vessels that may or may not be owned, fully or in part, by us. The captain, crew, fishing guides onboard our trips are engaged by us in the capacity of independent contractors.
As a service to you, we may also assist in making additional arrangements (“Additional Services”) such as food catering with third party caterers (“Additional Services Providers”). We do not provide the Additional Services directly but merely make the relevant arrangements on your behalf with the Additional Services Providers as a service to you should you so request.
Bookings made will be subject to final confirmation and notification to you of the availability of the vessels on your selected date and time.
(2) TERMS OF BOOKINGS
2.1 Payment
Unless otherwise expressly agreed, full payment is required in order for your trip to be secured. Any balance or ancillary payments will have to be paid prior to the trip start.
2.2 Cancellations, refunds and reschedules by you
If you cancel / reschedule your trip for any reason, you will be eligible for the following refunds / liable for the following charges:
Cancellations:
More than or 14 days in advance: Full refund less 4% fees
Less than 14 days in advance: 70% refund
Less than 7 days in advance: 50% refund
Less than 3 days in advance: No refund
Reschedule fee:
More than or 14 days in advance: Free
Less than 14 days in advance: 30% of the charter fee
Less than 7 days in advance: 50% of the charter fee
Less than 3 days in advance: 90% of the charter fee
There shall be no right to any refund of any portion of the fees for any occurrence or event that takes place once the vessel has departed.
2.3 Cancellations by Singapore Fishing Charter
We make every endeavour for trips to proceed as planned. However, we may encounter circumstances that may not allow us to proceed with the trip, including but not limited to: dangerous weather conditions, boat breakdown, emergency boat maintenance, captain’s health condition etc. In such an event, we will endeavour to find you a comparable replacement boat on a best efforts basis, or postpone the trip to another day on the same or comparable boat. If comparable replacement boats are not available, we may offer you other vessels that may require a top-up by you, and it will be up to you whether or not to accept such alternate arrangements. In any event, we do not guarantee that we would be able to find a suitable replacement date or boat that is acceptable to you, if at all. In the event that we have to cancel the trip, we will notify you as soon as we can. For trips cancelled by us, we will provide you a full refund without any liability to you whatsoever.
2.4 Weather conditions
In the event of inclement or unfavorable weather conditions, or unsuitable conditions which may affect the departure of the trip, the trip may be cancelled or delayed at the captain or skipper’s absolute discretion. We reserve the right to inter alia, postpone the trip to another date/ time, replace with a substitute boat on a different day, or give you a refund, at our absolute discretion and subject to availability.
In the event that the captain determines that the weather is safe for the trip to proceed, yet you do not want to proceed with the trip, this will be considered a Cancellation or Reschedule on your part and subject to the refunds or fees stated in clause 2.2 herein.
2.5 Damage or loss to boat, its furniture, any equipment or gear
We may provide certain equipment including but not limited to fishing gear and water toys on your trip. For any damage or losses, you are liable to the following charges:
Breakage or loss of rod: $100
Breakage or loss of reel: $100
Loss of both rod and reel: $200
Damage to boat, furniture or other equipment: Cost of repair or replacement as assessed by us
2.6 Supplementary facilities
Vessels may come with certain supplementary facilities such as televisions, audio systems, air-conditioning, appliances, water toys or fishing gear. There will be no refunds provided for any faulty facilities, facilities in poor working condition, or non-availability of such facilities.
In addition, your use of available water toys and fishing gear will be subject to absolute discretion of the captain or skipper. For example, on days that the wind and currents are strong, you may not be allowed to use kayaks and stand-up paddleboards; if caught in a thunderstorm, you will have to pause fishing activities. The captain and skipper have the final say in the use of such equipment and gear.
(3) DISCLAIMER AND INDEMNITY
We make no representation and give no warranty whatsoever in relation to the boat owner (where in we are not the boat owner) or (where applicable) the Additional Services Providers, or in relation to the trip or the Additional Services. In circumstances where we are not the boat owner, we provide a service to the boat owner as an agent, but do not undertake any responsibility for/as to the boat owner’s performance of its obligations to you. We do not undertake any responsibility as to the Additional Services Providers’ provision of Additional Services or its food or service quality and we take no responsibility for any deficiencies in this regard or for any health and safety issues you may suffer from the provision of the Additional Services, and the consumption of any food and beverages provided. We take no responsibility for any act, omission, neglect, default or misconduct on our part, on the part of the boat owner or Additional Services Provider or any of their employees, crew, agents or contractors.
You herewith acknowledge that we are acting in the capacity of agents with respect to all boats other than M/Y Vittoria, and our sole responsibility is in the facilitating of the booking of the vessel and Additional Services (where applicable) between you and each of the boat owners and Additional Services Providers (where applicable). We shall not be liable for any care, custody or control of the boat and/or the Additional Services and do not take any responsibility in relation to the performance or failure or delay thereof of the trip (and any supplementary facilities provided in relation thereto), the Additional Services, the trips, or any refunds or deposits or payments as well as any loss (including any direct, indirect, special, consequential or pure economic loss), injury, death or damages, that you may suffer or incur or which arises during or as a result of the trip or the Additional Services whatsoever (including, without limitation, due to any late or delayed departure or arrival of the boat or due to acts of God, pandemics, natural disasters or the presence of pirates), shall be brought directly between you and the boat owner and/or between you and the Additional Services provider (as the case may be).
When rendering our services, the information we disclose on our website or communicate to you is based on the information provided to us by the boat owners and Additional Services Providers. Although we take reasonable care in performing our services, we will not verify if, and cannot guarantee that, all information provided to us to be disclosed to you is accurate, complete or correct, nor can we be held responsible for any errors, any interruptions, inaccurate, misleading or untrue information or non-delivery of information. Each boat owner and each Additional Services provider remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our website or as communicated to you.
You hereby irrevocably and unconditionally warrant and undertake to hold us (which by reference includes our officers, partners, shareholders, directors, employees, agents, representatives and related bodies corporate) harmless and indemnify us fully (on a full indemnity basis including but not limited to legal costs) at all times from and against any and all actions, claims, proceedings, causes of action, losses, liabilities, demands, costs and expenses whatsoever, including legal fees on a full indemnity basis, brought or made by any person or entity or suffered or incurred be us in relation to or as a result of the trip (and any supplementary facilities provided in relation thereto) or the Additional Services or your usage thereof or your charter of the boat. Your obligation to indemnify us extends to payment of any and all costs of litigation, attorney fees, and damages related to defending an indemnified claim or appeal.
Under no circumstances shall we be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, replacement damage, loss of profits, loss of use or cost of labour, whether any damages are based on contract, tort or any other legal theory, and whether or not we have been informed of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Notwithstanding the foregoing, to the extent that we may be held legally liable to you be a court of competent jurisdiction under contract, tort, or any other legal theory, our maximum liability shall not exceed the total fees or commission that we earn from the trip.
In consideration of activities on boat charters, including fishing, swimming and other water sports and the use of related equipment, water toys or gear such as fishing equipment:
You understand and are aware that fishing, swimming, water sports and boating can be a HAZARDOUS activity. You understand that such activities involve a risk of injury to any and all parts of your body(ies). You hereby agree that you freely and expressly assume and accept any and all risks of injury to you and property, howsoever caused, during your trip. You understand that fishing equipment may be dangerous when not handled carefully, including but not limited to hooks, lures, knives and fishing line. In addition, certain fish or bait may be poisonous and can bite, sting, or cause scratches. It is your responsibility to handle such fish, bait and equipment with care to yourself/(ves).
You hereby agree that you will release Singapore Fishing Charter Pte. Ltd. and the owners and/or operators of any boat from any and all responsibility or liability for any injuries or damage to you and/or your property, howsoever caused, during the trip. You agree not to make any claim against or sue any or all of Singapore Fishing Charter Pte. Ltd., its shareholders, directors, representatives, employees, crew and/or boat operators of any boat for any injuries or damage to you and/or your property.
You are aware that this is a release of liability and an agreement for the benefit of Singapore Fishing Charter Pte. Ltd. and its shareholders, directors, representatives, employees, crew, and/or boat operators.
(4) CODE OF CONDUCT
You agree to the following while participating in trips:
a) Dispose trash into the trash bin provided
b) Not to swim, or place any part of your body in the water unless expressly allowed by the captain
c) Do not smoke in non-smoking areas
d) To not engage in any trade nor in any way violate the laws of Singapore or of any government within the jurisdiction of which the vessel may be at any time, and shall comply with the law in all other aspects
e) To keep the vessel and its contents free of any illegal drugs or other controlled substances at all times
f) To observe proper behaviour on the trip
In the event that the captain or skipper of the boat decides, at his absolute discretion, that your behaviour on the vessel is unacceptable, due to inebriation or otherwise, he may abort the trip at any point of time during the charter, return the vessel to the marina, and request that you and your guests and invitees leave the boat. In such an event, there shall be no refund on any portion of the fees.
(5) SAFETY & MEDICAL DECLARATION
You declare that:
a) You do not have any pre-existing heart conditions nor any medical conditions that would pose a risk to your involvement in this activity
b) Your doctor(s) has not advised you against participating in strenuous activities
(6) PERSONAL DATA AND MARKETING
By accessing, browsing or using our website, making any bookings or payments, submitting any information or otherwise using our services, you agree and consent to us and/or our related companies, representatives, agents and third parties providing services to us collecting, using and disclosing and sharing amongst themselves your Personal Data for the purposes of providing or assisting with the provision of our services as set out in this Agreement.
“Personal Data” means data, whether true or not, about an individual or organisation who can be identified from that data or other information to which we or our related companies is likely to have access, including but not limited to an individual’s or organisation’s name, address, telephone contact and email address.
You hereby consent to photos and videos taken on the trip being used in the marketing material of Singapore Fishing Charter Pte Ltd, including but not limited to the website and social media.
If you do not wish for our photos to be used for marketing purposes, you are to inform Singapore Fishing Charter Pte Ltd. in writing before the start of your trip.
(7) COVID-19 MEASURES
You agree to abide by all prevailing measures and laws relating to Covid-19, as stipulated by the Singapore Government and its agencies including Maritime Port Authority and Ministry of Health.
(8) GENERAL TERMS
a) You and we are independent contractors, and nothing in these Terms of Service creates a partnership, joint venture, employment relationship or agency.
b) The headings in these terms and conditions are inserted for convenience only and shall not affect the construction or interpretation of any provision to which they refer
c) A person who is not party to these terms and conditions have no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Terms of Service, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act
d) You may not assign this Terms of Service or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to so will be invalid.
e) Should any part of these Terms of Service be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
f) Our failure to enforce any provision of these Terms of Service will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Service will survive any termination of these Terms of Service.
g) In the event of any inconsistency between these Terms of Service and the terms of agreements entered into between you and the boat owners and the Additional Service Providers (where applicable), these Terms of Service shall prevail as between us and you.
(9) GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of Singapore. You irrevocably agree that the courts of Singapore are to have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
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