TERMS of SERVICE
Last Updated: December 18, 2019
1. Scope and Nature of Our Service
Through the Platform, we (FishingTicket.com Ltd) provide an online platform through which Fishery operators (Vendors) – in their professional conduct of business can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, booking, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, booking, purchase or payment (i.e. the Ticketing Service). By using or utilising the Ticketing Service (e.g. by making a Booking through the Ticketing Service), you enter into a direct (legally binding) contractual relationship with the Vendor with which you make a booking or purchase a product or service (as applicable). From the point at which you make your Booking, we act solely as an intermediary between you and the Vendor, transmitting the relevant details of your Booking to the relevant Vendor(s) and sending you a confirmation email for and on behalf of the Vendor. FishingTicket.com does not (re)sell, rent out, offer any (fishing) product or service.
When rendering our Ticketing Service, the information that we disclose is based on the information provided to us by Vendors. As such, the Vendors that market and promote their Fishery on the Platform are given access to our systems and website through which they are fully responsible for updating all rates/fees/prices, availability, rules, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Ticketing Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Vendor remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Vendor (or its fishery, venue, facilities, accessibility, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our Ticketing Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, booking, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Ticket Prices
The prices as offered by the Vendors on our Platform are determined by the Vendors. All Ticket prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person and subject to validity or expiration as indicated on the ticket, if applicable. Ticket Bookings are non-cancellable and non-refundable, except if applicable bookings are cancelled by the Vendor. Valid Vendor cancellations are refunded, on request and at the discretion of the Vendor, however, Our Service fees are not refundable at any time.
Obvious errors, omissions and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors, omissions or mistakes.
3. Privacy and Cookies
4. Service Fee
We charge customers a £1.00 (excluding VAT) Service Fee, per booking, for our service. You will pay the Vendor the relevant amount as indicated in the Ticket Booking Summary (plus - insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).
Vendors pay a commission (being a small percentage of the ticket price (e.g. ticket face value)) to FishingTicket.com after the end-user has purchased the service or product of the Vendor (e.g. when the customer (angler) has booked (and paid) the booking).
Only Vendors which have a commercial relationship with FishingTicket.com (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). FishingTicket.com is not an open platform (like a retail marketplace) where end users can make their product available; FishingTicket.com does not allow non-professional parties to offer or sell their products on or through FishingTicket.com.
5. Online Payments
Ticket Bookings are to be paid to the Vendor during the Booking process by means of secure online payment (all to the extent offered and supported by your bank). For all products and services, FishingTicket.com facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Vendor (FishingTicket.com never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the Vendor through a third-party payment processor. Any payment facilitated by us for and on behalf of and transferred to the Vendor will in each case constitute a payment of the booking price by you of the relevant product or service in final settlement of such due and payable price and you cannot reclaim such paid monies.
6. Payment, Cancellation, No-show and Fine Print
By making a Ticket Booking with a Venue, you accept and agree to the Ticketing Service cancellation and no-show policy. The Ticketing Service cancellation and no-show policy are made available on our Platform (Terms of Service) on the Vendor information pages, during the booking procedure and in the confirmation email or ticket (if applicable). Please note that rates, fees or special offers are not eligible for cancellation, refund or change. Please check the (booking) details of your product or service of choice thoroughly for any such conditions prior to making your booking. Please note that a Booking may be cancelled (without prior notice of default or warning) insofar the Vendor cannot fulfil the product or service, for any reason and providing the Vendor agrees or allows, you shall be entitled to a refund minus Our Booking Fee.
FishingTicket.com does not accept any liability or responsibility for the consequences of your delayed arrival, no-show or any cancellation by the Vendor.
7. Further Correspondence and Communication
By completing a Ticket Booking, you agree to receive an email which we may send you shortly after your booking, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to you, your Booking and destination. See our privacy and cookies policy for more information about how we may contact you.
By completing a Recommend Your Fishery form, you acknowledge, agree and authorise us to pass on, via email, an anonymous copy or extract of your recommendation, to your Favourite Fishery, venue or destination. See our privacy and cookies policy for more information about how we may contact you.
FishingTicket.com disclaims any liability or responsibility for any communication by or with the Venue on or through its platform. You cannot derive any rights from any request to, or communication with the Vendor or (any form of) acknowledgement of receipt of any communication or request. FishingTicket.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Vendor.
In order to duly complete and secure your Ticket Booking, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelt email address or inaccurate or wrong (mobile) phone number, debit card or credit card number.
Any claim or complaint against FishingTicket.com or in respect of the Venue Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. ticket expiry date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit it's right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the Ticket Booking confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and rules) of the Vendor as made available on our Platform, (iii) the services rendered or the products offered by the Vendor or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Vendor or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any cancellation, overbooking, strike, force majeure or any other event beyond our control.
FishingTicket.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Booking and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Vendor is solely responsible and assumes all responsibility and liability in respect of the Booking (including any warranties and representations made by the Vendor). FishingTicket.com is not a (re)seller of the Booking. Complaints or claims in respect of the Booking (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Vendor. FishingTicket.com is not responsible for and disclaims any liability in respect of such complaints, claims and (service or product) liabilities.
Whether or not the Vendor has charged you for your Booking, or if we are facilitating the payment of the (Booking) price or fee, you agree and acknowledge that the Vendor is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Booking) price or fee to the relevant tax authorities. FishingTicket.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Booking) price or fee to the relevant tax authorities. FishingTicket.com does not act as the merchant of record for any product or service made available on the Platform.
9. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by FishingTicket.com Ltd., its Vendors or service providers.
FishingTicket.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilise, combine or otherwise use the content or our brand without our express written permission. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
10. Applicable Law, Jurisdiction, and Dispute Resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with British law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: "Mandatory Provisions"). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the United Kingdom.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
11. About FishingTicket.com and Our Support Companies
The Ticketing Service is rendered by FishingTicket.com Ltd., which is a private limited liability company, incorporated in England and Wales and having its offices at, Workshed, Unit 3 Carriageworks, London Street, Swindon SN1 5DG, UK and company registration number 11791007. Our VAT registration number is GB 328 7376 70.
FishingTicket.com has its headquarters in Swindon, UK and is supported by various affiliated companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of FishingTicket.com. Certain designated support companies render sales and limited customer care support services. The support companies do not have any Platform (and do not in any way control the Platform). The support companies do have power or authority to represent FishingTicket.com, for or on behalf of FishingTicket.com in the course of delivering Platform related services. You do not have a (legal or contractual) relationship with the support companies.