TERMS AND CONDITIONS

CONTRACT CONDITIONS

First and foremost, our intention as a fishing charter is to provide the best possible experience on our beautiful Mediterranean. For us, the best publicity and our great satisfaction are large and numerous catches, as well as satisfied customers and, if possible, going fishing every day. Our great passion for fishing makes us the first ones who want to go out and wet the baits and lures, so we ask for a little understanding if something goes wrong and you find yourself reading this. At the end of the day we are all people and the only thing we want is for you to make the best memories with such a special activity.

Sincerely, The Crew

1. Reservations: Reservations only acquire a legal contract at the time of delivery of the deposit of the agreed amount, which is always a minimum of 15% in the case of booking plattforms, and in case of direct sell, 50% of the total value of the contracted service.

2. Departure time: The departure times indicated in the booking are an estimate and may vary for multiple reasons (e.g. weather). In the event of having to postpone or bring forward the departure within the same day, AVERAGE FISHING COMPANY (hereinafter AFC) reserves the right to contact the contracting person throughout the day prior to the departure to indicate such changes taking into account the common interest.

3. Port of departure: The port of departure will be, if there is no other previously agreed, the port of Cala Figuera in Santanyí.

4. Refund: AFC will not proceed to reimburse the agreed fee in the following cases:

a) Adverse meteorological causes* (these will be determined by the captain, generally 1.5m of wave for trolling, 0.5m of wave for chumming, bottom and night fishing, always taking into account the type of wave, wind, thunderstorms and various adverse weather conditions)

b) Boat Dysfunction*

c) Non-appearance of the contractor (waiting time after the agreed departure 2h, discounted to the rest of the contracted hours in case of appearance, in case of non-appearance in the first 2h the crew will withdraw and the charter will count as completed)**

d) Improper behavior on the boat. Inappropriate behavior is behavior that does not follow the guidelines of the captain or crew of the vessel.**

*) A coupon will be given in value to the payment made to be exchanged in the next 12 months after the contracted day, to be agreed between AFC and the customer.

**) It will not be refunded under any circumstances.

If you want a refund and not a coupon valued at what you previously paid after the charter is not carried out due to "a)" and "b)", we recommend that you contract a holiday insurance in advance. 

5. By booking a fishing trip with AFC, you affirm that all participants in the trip are in sufficient health and physical fitness to sail. AFC is not responsible for damages caused by misinformation about the health status of customers. In case of knowledge of health damage, it is obligatory to inform the captain so that he can give his opinion on the fitness. This opinion is in the nature of a recommendation and does not exempt the client from final liability.

6. The manipulation of navigational instruments and on-board electronic devices is strictly prohibited. In case of intentional or negligent non-compliance, it will be considered as disobedience to the captain and will be returned to port without refund.

7. Boarding the Flybridge (elevated helm station) and stepping on the bow platform (outer front of the boat) is strictly prohibited, except with prior permission and only granted by the captain)

8. By getting on board, the customer assures that he has been thoroughly informed about the general behaviour on board a vessel and exempts AFC from any liability in the event of injury. In case of insecurity on the part of the client, our crew will be happy to answer any questions of this nature.

9. The treatment of the fishing equipment provided must be appropriate to the fishing action. In the event of partial or total destruction of the material due to negligence or intent of the customer, payment of the replacement value of the material will be demanded. 

10. The catches are the property of AFC, and in general terms it is not an impediment for the client to take the captures obtained that they want as a gift. In the event of catching a piece of considerable size, a rarity of capture or a very high culinary value, AFC reserves the right of ownership of such catch.

11. In the event of negligent or intentional destruction of furniture, structure or similar to the chartered vessel, the person responsible will be directly involved either in the payment of the restoration or in the payment of the replacement value of the damaged object.

12. In case of use of its own fishing equipment, AFC is not responsible for any damage, since the previous condition of such equipment is not known. In any case, we recommend the use of our equipment, obviously already included in the price.

13. The carrying of weapons of any kind is strictly forbidden.

14. Any consumption of alcohol and medications that reduce physical or mental capacity must be notified in advance to the captain, who will decide on the intake and/or continuation of the activity.

15. The collection and publication of audiovisual material on board will be regulated and supervised by the AFC crew, so it is necessary to fill in a form on board for the bilateral use of such content, thus protecting our and your own privacy.

16. In the event of unavailability of the contracted vessel, AFC reserves the right to carry out the service on a similar vessel, as long as it meets the necessary conditions for a service comparable to the one contracted.

17. Boarding of minors 5 years of age or older must always be accompanied by legal guardians or an adult with a written notice of liability signed by the legal guardians. Under no circumstances will a charter be carried out if this characteristic is not met. Children under 5 years old can only board with legal guardians, always sailing less than 200m from the coast and at the decision of the captain. No refund will be made due to ignorance of this clause.

18. For children under 8 years of age, the guardian or legal guardian undertakes to bring a life jacket appropriate to the current regulations for the minor, since by logistics and statistics there is the possibility that the ones we have on board are not compatible.

19. The activity will not be carried out if the total agreed payment has not been made prior to the performance of the activity (being the last working moment the entry to the boat before departure).

20. Each participant is responsible for damages caused to themselves and third parties, and it is mandatory to have a valid civil liability insurance.

25. In the event of discrepancies, all contracts signed with AFC will be subject to the jurisdiction of the Kingdom of Spain, specifically to the courts of Palma de Mallorca