Terms of Use

Last updated: March 20th, 2017

 

Welcome to the HawaiiMarlinFishing.com website (the "Website").

HawaiiMarlinFishing.com are the electronic services offered on or via the Website are offered and operated by Hawaiian Island Enterprises LLC. having its Registered Office address at 75-5660 Kopiko St. Ste. C7 #409, Kailua-Kona, HI. 96740 (“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 one of 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. 

Definitions

  • By "Hawaii Marlin Fishing" we mean the features and services we make available, including through our website at HawaiiMarlinFishing.com and any other Hawaiian Island Enterprises LLC.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, and/or Ocean, Island Activity, Trip or Tour rendered through HawaiiMarlinFishing.com.
  • By "customer/ you“ we mean the person, agency or company paying for services delivered by the vendor through HawaiiMarlinFishing.com.
  • By "service" we mean the reservation of any Shared or Private trips through HawaiiMarlinFishing.com through which vendors can make their fishing trip, ocean or island services available online for reservation, and through which customers can make such fishing trip, ocean and/or island reservations with vendors. 
  • By "information" or "content" we mean facts and other information about a vendor,including anything you or other users post on HawaiiMarlinFishing.com. This Agreement includes and incorporates: (1) Scope of services; (2) Use Of Our Website; and (3) Privacy policy and statement on cookies.

 (1) Scope of Services

HawaiiMarlinFishing.com acts only in the capacity of an independent agent on behalf of the Vendor Companies or other Principal that is providing your services component (Vendor). By making a booking through HawaiiMarlinFishing.com, 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 or any other type of trip(s), tours or activities 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 then sending to you a confirmation email for and on behalf of the vendor if they have availability.

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 Hawaiian Island Enterprises LLC. 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:

HawaiiMarlinFishing.com and the facilitation fee retained by us to compensate us for our services. You authorize HawaiiMarlinFishing.com to book reservations for the total reservation price, which includes the rate displayed on the Website. Upon submitting your reservation request you authorize:

HawaiiMarlinFishing.com to facilitate reservations on your behalf.

We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the vendor, total amount and type of reservation.

The price of the travel 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 TRIP OR SERVICE 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.

HawaiiMarlinFishing.com 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.

Further, in regards to the Food and Beverage Ordering Module, despite our best efforts and our selected vendors, some of the items requested by the customer and first verified by the vendors, may still from time to time be claimed by the customer as never delivered. HMF will always try to notify our customers in advance if certain requested items are not going to be available for purchase, and our vendors will only charge for verified items purchased, however HMF is under NO FINANCIAL or SERVICE OBLIGATION to guarantee any possible missing food or beverage items that were paid for and purchased by the customer. HMF is acting only as the Food and Beverage Agent, providing only Food and Beverage Pick Up and Delivery Services and not marking up any of the Food or Beverage items that are being purchased by the customer from the vendor. The customer will be provided with their receipt with the delivered order.

By providing your credit card or debit card information on the HawaiiMarlinFishing.com website, you are authorizing and permitting HMF to charge your credit card and/or debit card for all of the services or purchases that you requested, as well as the HMF Order Handling (Pick up and Delivery) Fee.

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 with, 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.

TAXES

YOU AGREE THAT HAWAIIAN ISLAND ENTERPRISES LLC. 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.

Payment

Most of the services may only require a deposit at the time of booking for you to secure your fishing trip. Other trips, tours and activities will in most cases require the full per person or full trip payment. 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.

HawaiiMarlinFishing.com 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 our Customer Service department.

Payments by credit or debit cards, is possible for amounts up to 600.00 US Dollars and can only be made by the card holder or with the card holder’s approval. 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, you will be charged the amount in US dollars by direct bank transfer, and 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 or completed electronically online 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 24 to 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.

Unused Services

Neither HawaiiMarlinFishing.com nor its authorized representatives or Agents 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 HawaiiMarlinFishing.com, or representatives, or Agents 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

HawaiiMarlinFishing.com 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 Hawaiian Island Enterprises LLC./ HawaiiMarlinFishing.com a full refund of deposit paid for the cancelled service(s).
  • accepting from HawaiiMarlinFishing.com a substitute service(s) of equivalent value, where such substitute is reasonably available; or
  • accepting from HawaiiMarlinFishing.com a substitute service(s) of lower value if no service(s) of equivalent value is reasonably available, and to recover from HawaiiMarlinFishing.com the difference in deposit between the deposit of the your originally purchased trip and that of the substitute trip; 
  • accepting from HawaiiMarlinFishing.com a substitute service(s) of higher value if no service(s) of equivalent value is reasonably available, and for HawaiiMarlinFishing.com to charge you the difference in deposit between the deposit of the your originally purchased trip and that of the substituted trip.

HawaiiMarlinFishing.com 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.

HawaiiMarlinFishing.com reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.

Shared Fishing Trips Managed by HMF

HawaiiMarlinFishing.com provides scheduled Shared Fishing Trips where we manage the scheduling, booking, solicitation and angler payments responsibilities. 

All HMF Managed Shared Trips require a $40 Non-Refundable Deposit from all "reserved" anglers when the Minimum number of angler reservations for a scheduled trip is achieved. 

Angler Deposits are Non-Refundable unless the trip is cancelled by the boat Captain or HMF. 

If the the final reserved angler is achieved within 72 hours of a trips cancellation date and time, then the anglers are required to make a full reservation payment. 

All Angler Deposits and Trip Balance payments authorized within 72 hours of a trips cancellation date and time are Non-Refundable, unless the Captain or HMF Cancels the trip.  

If you make a Trip Deposit Payment to secure your angler spot on a shared fishing trip, and then you never respond to our follow up communications for your Trip Balance Payment, and/or you do not Cancel your reserved spot, then you agree to be charged the full reservation shared cost as soon as the Trip Cancellation date and time arrives.  You will be provided with both a trip balance payment confirmation as well as your Fishing Trip Voucher.  

Complaints

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, ocean or island 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 PARTICULAR INTERNATIONAL DESTINATIONS, HAWAII HAWAIIAN ISLAND ENTERPRISES LLC and/or HAWAIIMARLINFISHING.COM 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.

 Documentation

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 especially in relevance to the ID Numbered 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, HawaiiMarlinFishing.com (Hawaiian Island Enterprises LLC.) 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.

Please always check with the apppropriate resources and authorities regarding all beach and weather conditions.  Our websites are produced as general public information and we cannot guarantee or warrant your safety.  That is your responsibility. This website and any sponsors or affiliates accept no responsibiity, express or implied, for the use or misuse of this website and the information contained herein.  Any statements or assessments of conditions are based solely on opinion and should NOT be considered expert advice. 

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

Website Facilities

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), purchase of merchandise items from us, 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.

Customer Review Rules

You may submit your reviews, contributions and fishing experiences as they are subject to our privacy policy.

By submitting reviews and contributions, you are granting Hawaiian Island Enterprises LLC/HawaiiMarlinFishing.com a nonexclusive, perpetual, royalty-free, irrevocable and fully sub-licensable 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 users of the website;
  • the content is not defamatory and does not infringe any applicable laws content – 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; 
  • Harmful content – Reviews shall not contain viruses, worms, Trojan horses or other computer program that may damage or affect any system or data;
  • Reviews that contain questions or comments aimed at other contributors or website users or our staff and/or representatives will not be published;
  • you will indemnify and hold harmless Hawaii Marlin Fishing. 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. 

If there is any conflict between these Terms and other terms appearing elsewhere on this website, then the latter shall prevail.

Since hawaiimarlinfishing.com is offered and operated by Hawaiian Island Enterprises LLC. In the United States of America, these Terms shall be governed by and in accordance with the laws of the State of Hawaii (United States) and any disputes arising shall be subject to the non-exclusive jurisdiction of the courts in Honolulu, Hawaii.

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.

If you are offended by any content of a review or become aware of any postings that are in any way defamatory or in breach of the Terms of Use and/or Rules please let us know by contacting our Customer Service and we shall endeavor to remove any offending material.

Links

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 or the services of others. 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.