1. Introduction.

These Terms and Conditions (the "Agreement") are entered into by and between the Cape Coral Boat Cruises, LLC, a Florida limited liability company (the "Service Provider") and the User ("User") (collectively referred to as the "Parties"). This Agreement governs the use of the Service Provider's website and the purchase of any services or goods through the Service Provider's website by the User. By accessing or using the Services, the User agrees to be bound by the terms and conditions set forth in this Agreement. This Agreement is effective as of the date of the User's acceptance of these terms and conditions.

2. Acceptance of Terms.

The User agrees to be bound by this Agreement and shall be deemed to have accepted the terms of this Agreement by accessing or using the Service Provider's website or by purchasing any services or goods through the Service Provider's website (hereinafter referred to as the “Services”). This Agreement constitute a legally binding agreement between the User and the Service Provider, governing the use of the Services. It is the responsibility of the User to review these Terms and Conditions periodically for updates or changes. Continued use of the services after any such changes shall constitute the User's consent to such changes.

3. Changes to Terms.

The Service Provider reserves the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to its website. It is the responsibility of the User to check this webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

4. Description of Service.

This section outlines the Services provided by the Service Provider to the User under this Agreement. The Service Provider offers a range of boating adventures and day cruise packages, including but not limited to Full Day Dolphin and Shelling Cruises; Evening Sunset Cruises; Wedding Ceremony Cruises; Bachelorette/Bachelor Party Cruises; Full Day Boat Bar Crawl Cruises; Full Day Fishing Cruises; and half day Dolphin Cruises and half day Fishing Cruises.

The scope of services may be updated or modified from time to time at the Service Provider's discretion, subject to providing reasonable notice to the User. Any such changes will be communicated through the Service Provider’s website and will take effect immediately, except where otherwise noted.

By using or purchasing the Services offered by the Service Provider, the User agrees to be bound by the terms and conditions set forth in this Agreement, including any amendments to the service description that may be made from time to time.

5. User Accounts and Responsibilities.

In accordance with these Terms and Conditions, Users wishing to access and use the Services provided may be required to provide personal information, confidential banking and credit card information, or to establish a user account.

6. Privacy Policy.

This Privacy Policy outlines the types of personal information that is collected by the Service Provider and how it is used, shared, and protected. The User acknowledges and agrees that by using the Services, purchasing the Services, or by participating in the Services provided, the User consent to the collection, use, and sharing of their personal information in accordance with this Privacy Policy.

Personal information collected may include, but is not limited to, the User's name and likeness, telephone numbers, email address, physical address, credit card and payment information, and usage data. The Service Provider commits to protecting the User's personal information by implementing appropriate technical and organizational security measures and complying with applicable data protection laws and regulations, including but not limited to Florida laws, the California Consumer Privacy Act (CCPA) for California residents, the General Data Protection Regulation (GDPR) for users in the European Union, and other relevant state, federal, and international data protection laws as applicable to the User's location and the Service Provider's operations.

Information collected may be used for the following purposes:

1. Providing and improving the services offered.

2. Communicating with the User about services or offers.

3. Compliance with legal obligations, such as responding to lawful requests from public authorities, complying with court orders, or fulfilling tax reporting requirements.

By using the Services, in accordance with the Telephone Consumer Protection Act of 1991 (TCPA), the User represents that the User is the owner of any telephone numbers and email addresses provided to the Service Provider, and the User expressly authorizes the Service Provider to use the User’s telephone numbers and email addresses for the purpose of notifying the User of any information related to any services purchased and of future promotional events and boat cruise offerings, and other promotional and marketing materials. The User also authorizes the Service Provider, its independent contractors, employees, agents and/or affiliates (“collectively, “CCBC”) to contact the User through the use of any dialing equipment or an artificial voice or prerecorded voice or other messaging system (including SMS), at any telephone number associated with the User’s account including wireless telephone numbers, provided by User or found by means of skip tracing methods even if the User is charged for the call, as well as through any email addresses or other personal contact information supplied by the User. The User expressly consents to receive any such automated calls. The User understands that, depending on the User’s plan, charges may apply to certain calls or text messages.

The User has the right to request access to, correction of, or deletion of their personal information held by the Service Provider. The Service Provider will respond to such requests within 30 days of receipt. If more time is required, the Service Provider will inform the User of the reason for the delay and when the request will be fulfilled, which shall not exceed an additional 60 days. Requests should be directed to the Service Provider's designated contact for privacy matters – John Price or Julie Price at info@capecoralboatcruises.com.

The Service Provider reserves the right to update, change, or replace any part of this Privacy Policy at any time by posting updates and/or changes to its website. It is the responsibility of the User to check this webpage periodically for changes to the Privacy Policy. The User’s continued use of or access to the website following the posting of any changes to this Privacy Policy constitutes acceptance of those changes. Users are encouraged to review the Privacy Policy periodically and will be required to acknowledge any significant changes before continuing to use the Services.

7. Data Protection for Sensitive Banking and Credit Card Information.

In compliance with state and federal laws regarding the protection of sensitive banking and credit card information, the Service Provider commits to maintaining the highest standards of data security and protection. This clause outlines the responsibilities and measures implemented by the Service Provider to safeguard User's sensitive banking and credit card information ("Sensitive Information").

1. Compliance with Laws: The Service Provider shall comply with all applicable state and federal laws and regulations regarding the collection, use, protection, and disclosure of the User's Sensitive Information. This includes, but is not limited to, the Gramm-Leach-Bliley Act (GLBA), the Payment Card Industry Data Security Standard (PCI DSS), and the Florida Information Protection Act of 2014 (FIPA).

2. Collection and Use of Sensitive Information: The Service Provider shall limit the collection of Sensitive Information to what is strictly necessary to complete transactions requested by the User or to comply with legal obligations. The User's Sensitive Information will only be used for the purpose of processing payments for services rendered and not for any unrelated purposes without the User's explicit consent.

3. Protection of Sensitive Information: The Service Provider shall implement and maintain comprehensive security measures to protect the User's Sensitive Information against unauthorized access, disclosure, alteration, and destruction. These measures include, but are not limited to, encryption of digital data, secure data storage facilities, and restricted access controls.

4. Breach Notification: In the event of a data breach involving the User's Sensitive Information, the Service Provider shall promptly notify the User and relevant authorities in accordance with state and federal laws. The notification will include details of the breach, the type of information that was compromised, and the actions taken by the Service Provider to address the breach and prevent future occurrences.

5. Third-Party Service Providers: If the Service Provider engages third-party service providers to process the User's Sensitive Information, such providers will be contractually obligated to comply with the same data protection standards and protocols as the Service Provider. The Service Provider will ensure that these third parties implement adequate security measures to protect the Sensitive Information.

6. User Rights: The User has the right to request access to, correction of, or deletion of their Sensitive Information held by the Service Provider. Requests should be directed to the Service Provider's designated contact for privacy matters.

This Data Protection for Sensitive Banking and Credit Card Information clause is binding upon the Service Provider and the User, and shall be governed by and construed in accordance with the laws of the State of Florida. This clause shall remain in effect for the duration of the User's use of the Service Provider's services and for a reasonable period thereafter, as required by law.

8. Consent to Use of Photographs and Videos.

The User hereby grants permission for the Service Provider’s use of photographs and/or video of User taken on trips to be published on the Service Provider’s website, in publications, news releases, online, and in other communications for marketing and promotional purposes. The User may revoke this permission at any time by submitting a written request to the Service Provider. Upon receiving such a request, the Service Provider will cease using the User's images in any new materials within a reasonable timeframe, not to exceed 30 days.

9. Payment Terms.

This Payment Terms clause is governed by the laws of the State of Florida and outlines the obligations and rights of the User and the Service Provider regarding the payment for services rendered under these Terms and Conditions. This clause is binding upon both parties and their respective successors and permitted assigns.

Payment Obligations:

The User agrees to pay the Service Provider the agreed-upon fees for services rendered in accordance with the Service Provider’s current pricing. Unless otherwise agreed in writing, all payments shall be made in United States dollars (USD).

Late Payment: 

In the event that any payment due under these Terms and Conditions is not made by the due date, the Service Provider may, at its discretion, charge a late fee of 1.5% per month or the maximum rate permitted by law, whichever is less, on any overdue amounts.

Payment Methods:

The Service Provider shall accept payments via credit card, bank transfer, or any other payment method mutually agreed upon by the parties. All transaction fees incurred by the payment method chosen by the User shall be borne by the User.

Dispute Resolution: 

Any disputes regarding payments must be notified to the Service Provider in writing within thirty (30) days of the invoice date. Failure to dispute a charge within this timeframe will be deemed as acceptance of the charge. 

10. Cancellation and Refund Policy

This Cancellation and Refund Policy applies to the services provided by the Service Provider to the User under these Terms and Conditions.

Cancellation Due to Weather:

If User’s cruise is canceled due to weather conditions, the User will be notified as soon as possible, either via email, phone, or SMS (depending on your provided contact details). Cancellations due to weather are typically made at least 12 hours before the scheduled departure time, but Service Provider may also make last-minute decisions if conditions rapidly change.

Refund or Rescheduling:

If the Service Provider cancels a cruise due to weather, the User will be entitled to a full refund of your ticket price. Refunds will be processed to the original payment method and may take up to 5 to 10 business days to appear. If the User prefers to reschedule a cruise canceled by the Service Provider, it will do its best to offer alternative dates. If rescheduling is not possible, the User can choose to receive a full refund. Please note that cancellations or changes due to weather conditions are determined by the captain and crew on the day of the cruise, and their decision is final.

Non-Weather-Related Cancellations:

If the User cancels a reservation for any reason at least one week prior to the original scheduled date of the cruise, the User will receive a full refund. Refunds will be processed to the original payment method and may take 5 to 10 business days to appear. If a User cancels a reservation for any reason less than one week prior to the original scheduled date, Service Provider will help reschedule the cruise. No refunds will be provided. Service Provider appreciates the User’s understanding and cooperation as its goal is to ensure a safe and enjoyable experience for all passengers and crew.

The Service Provider reserves the right to cancel the services at any time due to non-compliance with these Terms and Conditions by the User, or other circumstances that may arise, making it impractical or impossible to provide the services.

This policy is governed by the laws of Florida and is subject to change at the discretion of the Service Provider without prior notice to the User.

11. Waiver and Assumption of Risk.

The User affirms and acknowledges that the User is fully aware of the inherent hazards and risks associated with the operation and use of a boat, boat travel, boat cruises, swimming, diving, shelling, and fishing (“Boating Activities”) which include but are not limited to personal injury, disfigurement, or death resulting from or caused by rough seas; inherent dangerous conditions of docks, boats and boat propulsion systems and propellers, or fishing or aquatic equipment; dangerous or venomous fish and wildlife; shells, coral reefs, and shore conditions; intoxication from personal alcohol consumption; food poisoning and food born illness from the consumption of food brought or consumed onboard or from fish or shellfish caught or gathered during Boating Activities; fishing related injuries arising from being finned, bit, slashed, or stabbed; heat stroke, sunburns, or exposure to the elements; drowning; burns; or other forms of personal injury, death, or disfigurement incident to Boating Activities. The User fully understands that these risks can lead to severe injury and even loss of life. The User understands that Boating Activities may be conducted at a site that is remote from competent medical assistance, nevertheless, the User chooses to proceed even in the absence of competent medical assistance. Additionally, the User understands that there are also risks associated with Boating Activities, including, but not limited to slip and fall aboard, lightning strikes, and the possible injury or loss of life because of a boat accident. Despite the potential hazards and dangers associated with the activity of Boating Activities, by booking and participating in a Boating Activity, the User freely accepts and expressly assumes all risk, dangers and hazards that may arise from those activities which could result in personal injury, loss of life and property damage to the User or other participants.

12. Limitation of Liability.

Notwithstanding any other provision of these Terms and Conditions, the Service Provider's total liability to the User for any and all claims, losses, expenses, or damages whatsoever arising out of or in connection with the Services, whether based in contract, tort (including negligence), strict liability, or any other theory, shall not exceed the total amount of fees paid by the User to the Service Provider as consideration for the event giving rise to such liability.

Under no circumstances shall the Service Provider be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not the Service Provider has been advised of the possibility thereof.

This limitation of liability shall apply to the fullest extent permitted by law in the jurisdiction of Florida and shall survive termination or expiration of these Terms and Conditions.

13. Indemnification.

The User agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by the User or any other person accessing the Service using the User's account.

This indemnification obligation will survive the termination of these Terms and Conditions and the User's use of the Service.

14. Intellectual Property Rights

This Intellectual Property Rights clause governs the ownership and use of intellectual property (IP) between the Service Provider and the User in the provision and use of the Service. Unless otherwise agreed in writing, all intellectual property rights created, developed, or otherwise coming into existence as a result of or in connection with the Service shall remain the sole property of the Service Provider.

The User is granted a non-exclusive, non-transferable, revocable license to use the Service Provider's intellectual property solely for the purpose of utilizing the Service in accordance with these Terms and Conditions. This license does not confer any rights of ownership in the intellectual property to the User, and the User shall not use, reproduce, modify, distribute, display, or communicate the Service Provider's intellectual property except as expressly permitted by these Terms and Conditions or by written consent of the Service Provider.

The User agrees not to challenge, contest, or otherwise infringe upon the intellectual property rights of the Service Provider. In the event that the User creates any derivative works based on the intellectual property of the Service Provider, such derivative works shall be the exclusive property of the Service Provider, and the User hereby assigns all rights, title, and interest in and to such derivative works to the Service Provider.

Any use of the Service Provider's intellectual property not expressly permitted under these Terms and Conditions is strictly prohibited and may result in the termination of the license granted herein and/or legal action to protect the intellectual property rights of the Service Provider.

15. Governing Law.

This Agreement and any disputes arising out of or related to the Service provided under these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts located within the State of Florida for the resolution of any disputes arising out of or related to this Agreement or the Service.

16. Dispute Resolution.

This Dispute Resolution clause applies to any dispute arising out of or related to these Terms and Conditions or the Service, excluding disputes relating to the enforcement or validity of the User or Service Provider's Intellectual Property Rights. The parties agree to first seek resolution of any dispute by negotiation and, if necessary, through mediation before resorting to arbitration.

Should negotiation and mediation fail to resolve the dispute, the dispute shall be resolved by binding arbitration in accordance with the laws of the State of Florida. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Florida, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Each party shall bear its own costs related to the arbitration proceedings, and the parties shall equally share the fees of the arbitrator, unless the arbitrator decides otherwise based on the circumstances of the case.

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from any court of competent jurisdiction to protect its Intellectual Property Rights.

17. Termination.

This Termination clause applies to the agreement between the User and the Service Provider governing the use of the Service. Either the User or the Service Provider may terminate this agreement at any time by providing thirty (30) days written notice to the other party. Termination of this agreement shall not affect any rights or obligations that:

• Have accrued prior to the effective date of termination; or

• Are intended by their nature to survive termination, including but not limited to obligations relating to intellectual property rights, confidentiality, and liability limitations.

Upon termination, the User must cease all use of the Service and destroy all copies, full or partial, of any materials or content provided by the Service Provider that are in the User's possession. The Service Provider reserves the right to delete any data, files, or other information that is stored in or for the User's account without further notice to the User.

The rights to terminate this agreement are in addition to any other rights or remedies the parties may have under law or in equity.

18. Miscellaneous.

This Miscellaneous clause shall govern any matters not explicitly covered in the preceding clauses of these Terms and Conditions. In the event of any inconsistency between this clause and any other provision of these Terms and Conditions, the provisions of this clause shall prevail.

• All notices under these Terms and Conditions must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

• Neither the User nor the Service Provider may assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of the other party, except that the Service Provider may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without the User's consent.

• These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

• Any disputes arising out of or related to these Terms and Conditions shall be submitted to confidential arbitration in Florida, except that, to the extent the User has in any manner violated or threatened to violate the Service Provider's Intellectual Property Rights, the Service Provider may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and the User consents to exclusive jurisdiction and venue in such courts.

• This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and negotiations, whether written or oral, between the parties.

• Any amendments to these Terms and Conditions must be in writing and signed by both parties.

The failure of either party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision unless acknowledged and agreed to by the other party in writing.