By booking the services of Topsail Island Fish & Dive Adventures (“TIFDA”), you agree to the following terms and conditions (“T&Cs”). No additional terms or conditions will apply unless agreed to in writing by TIFDA. Thank you for choosing TIFDA; we look forward to providing you with a safe and fun experience!
BOOKING, PRICES, AND PAYMENT:
- You must be at least 18 to book a charter with TIFDA.
- Reservations may be made by phone, e-mail, online, or on Facebook. TIFDA reserves the right to refuse reservations for any reason.
- To reserve a date, 20% of trip cost must be paid for a deposit. Deposits may be made using VISA, MasterCard, Venmo, or PayPal.
- Prices are determined solely by TIFDA and are subject to change.
- After trip is completed, full payment (less the deposit) must be made. Cash or check payments are acceptable for amounts other than the deposit.
- A licensed captain (the “Captain”) will assist you and ensure you have a safe and enjoyable experience during the charter.
- The Captain has total authority on board the vessel. Any decision made by the Captain will supersede and override any prior agreement or decision.
- The maximum number of passengers for TIFDA’s charters is 6.
- Please arrive 15 minutes before the scheduled departure time.
- The Captain may provide light snacks and drinks, but please feel free to bring your own. Alcohol is permitted on board, but must be consumed responsibly. The Captain reserves the right to refuse alcohol on board if he, in his sole discretion, deems it to be unsafe.
- TIFDA will provide quality fishing equipment, including, without limitation, fishing rods and reels, spearfishing equipment, bait, lures, and other tackle, for your use. Please feel free to bring your own fishing equipment, though TIFDA disclaims any liability in connection with, and will not be responsible for, any damage to or loss of such fishing equipment.
- You are entitled to keep any fish caught so long as it is within the acceptable limits and regulations as determined by applicable laws, rules, and regulations. The Captain, in his sole discretion, will determine whether keeping a fish complies with such laws, rules, and regulations.
- TIFDA cannot guarantee any fish will be caught, but will do its best to make the experience satisfying while catering to all levels of angler experience. A refund WILL NOT be issued if no fish are caught during the charter.
- You and your party must behave in a safe and respectful manner to TIFDA, its personnel, customers, and equipment.
- You and your party must comply with any instructions given by the Captain while on board the vessel. Your safety is TIFDA’s primary concern.
- If TIFDA’s property, including, without limitation, its vessel or fishing equipment, are damaged or lost due to the negligent acts or willful misconduct of you or your party, then you will be responsible for replacement or repair of such property.
- TIFDA may publish any pictures or videos taken on board for promotional purposes without your permission. If you have an issue with this, then please discuss with the Captain prior to departure.
- TIFDA recommends you and your party bring appropriate clothing based on weather conditions, hats, sunglasses, sunscreen, and motion-sickness preventative medication, if applicable. TIFDA disclaims any liability in connection with, and will not be responsible for, any damage to or loss of items brought on board by you or your party.
CANCELLATIONS AND REFUNDS
- TIFDA reserves the right to cancel any scheduled charters at any time for any circumstances, including, without limitation, weather conditions, improper behavior, or mechanical issues.
- The Captain may, in his sole discretion, cancel a charter, set a later departure time, or set an earlier return time for any circumstances, including, without limitation, weather conditions, improper behavior, or mechanical issues.
- If TIFDA cancels the charter, then we will work with you to reschedule. If rescheduling is not reasonably feasible, then TIFDA will refund your deposit in full.
- Any cancellations by you must be made in writing and communicated to TIFDA at least 14 days’ prior to the scheduled departure date in order to receive a refund of the deposit. Any failure to show at the scheduled departure time on the scheduled departure date without adequate notice will result in a forfeiture of the deposit.
- Any personal information obtained from clients, including, without limitation, names, e-mail addresses, phone numbers, and credit card information, will only be used for the express purpose of facilitating TIFDA’s charter services. TIFDA will not sell, distribute, or release such information to any third parties.
- Charter services may involve increased risks of injury, death, or property damage. You hereby acknowledge that, by booking a charter, you are engaging TIFDA with full knowledge of all risks involved and agree to ASSUME ALL RISKS of injury, death, or property associated therewith, whether caused by TIFDA’s negligence or otherwise. You hereby WAIVE and RELEASE any and all claims you may have, now or hereafter known, against TIFDA and its members, managers, and employees on account of any injury, death, or property damage arising out of or attributable to your participation in the charter, whether caused by TIFDA’s negligence or otherwise. You hereby COVENANT not to make or bring any such claim against TIFDA or its members, managers, and employees, and you hereby forever release and discharge TIFDA and its members, managers, and employees from any and all liability under such claims.
- TIFDA will use its best efforts to provide the highest level and quality of service. However, TIFDA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND HOWEVER ARISING. FURTHERMORE, TIFDA DISCLAIMS ALL, AND WILL NOT BE LIABLE FOR ANY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE T&Cs OR ANY CHARTERS, EVEN IF TIFDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIFDA’s maximum total, aggregate liability under these T&Cs will not exceed the amount paid by you for the charter.