TERMS & CONDITIONS
I agree that the terms and conditions set forth below constitute a binding agreement (this “Agreement”) between me and Capn Fish’s Cruises, Capn Fish Holdings, LLC (“CFH”), Capn Fish Real Estate Holdings, LLC, its parents, subsidiaries, predecessor and related entities. I, as ticket holder and/or purchaser, both on my behalf and on behalf of each person who joins a CFH cruise, using tickets issued to me, acknowledge and agree that my purchase of tickets constitutes my acceptance of these terms and conditions.
REFUND AND RESCHEDULING POLICY
All sales are final. No refunds, reissue to gift cards, or rescheduling is permitted unless TRIP PROTECTION is purchased AT THE TIME OF SALE.
TRIP PROTECTION POLICY
Trip Protection must be purchased at the time of purchase. Trip Protection allows for cancellations or rescheduling (subject to availability) of tickets 30 minutes prior to departure time, for any reason. Cap’n Fish’s Cruises must be notified via email or phone at least 30 minutes prior to departure time of any change requests. Ticket-holders may opt to receive a gift card, a refund, or reschedule.
Refunds will reimburse for the full amount of each ticket, less the Trip Protection and processing fees.
Rescheduling to a less expensive cruise will generate a partial refund. Rescheduling to a more expensive cruise will require an upgrade fee.
Trip Protection is voided and no refunds will be issued if 1) guest(s) arrive and check into the cruise, or 2) guest(s) are no shows without notifying us 30 minutes prior to departure time. In the event Standby Tickets are issued on a cruise for reasons including but not limited to not seeing a whale, all Terms and Conditions for Standby Ticket holders apply and no refunds will be issued.
CRUISE CANCELLATION POLICY
Activity may be cancelled due to severe weather or minimum passenger count.
Activity usually runs in rain and moderate weather, but the seller may cancel the activity up to an hour before start time in the event of severe or unsafe weather conditions. In the rare situation the seller must cancel the event prior to departure, ticket-holders will be allowed to reschedule tickets (subject to availability), receive a gift card, or receive a full refund. “Full refund” will include Trip Protection if it was purchased, but additional processing fees will not be refunded.
A standby ticket may be issued at the discretion of CFH It may be used for an equivalent or less expensive cruise; an upgrade fee is charged for a standby ticket booking a more expensive cruise. Standby tickets cannot be used on music cruises or other specialty cruises such as the fireworks cruises.
Gift cards issued by CFH are considered “Gift Obligations” as defined by 33 MRS §2052(11), and are governed by Maine Law. Gift card sales cannot be redeemed for cash unless required by law, and are final and non-refundable. Gift cards may only be used for making purchases of tickets for cruises offered by Cap’n Fish’s Cruises or online and shore based merchandise. Gift cards cannot be used for purchases onboard vessels including but not limited to food, beverage, alcohol, and merchandise or purchases or services at CFH affiliates including but not limited to parking services. Gift cards do not expire, there is no inactivity fee, and additional funds cannot be added. An initial transaction fee of 6% will be applied at the time of purchase. No fees are charged when the gift card is redeemed. For balance inquiries call toll-free 1-800-613-6638. Special gift card promotional offers are only valid for new purchases made during advertised valid dates and will not be applied to any rebookings. Special gift card promotional offers may include but are not limited to a percentage discount applied to the total purchase price. CFH reserves the right to modify or cancel special gift card promotional offers at any time.
Passengers are prohibited from bringing coolers, alcoholic beverages, illicit drugs, or weapons aboard the vessel. Passengers are prohibited from smoking on board the vessel or boarding areas. CFH reserves the right to search passengers and carry-ons.
I understand there are substantial risks and dangers associated with ship transportation, including but not limited to, entering/exiting the ship, adverse weather, rough seas, tripping, falling, and collision with other ships or objects, which may result in serious bodily injury or even death, and/or damage to property.
LIMITATION OF LIABILITY
I voluntarily agree to assume such risks and dangers (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) and further agree to release Cap’n Fish’s Cruises, Capn Fish Holdings, LLC, Capn Fish Real Estate Holdings, LLC, its parents, subsidiaries and affiliated entities (including their directors, officers, and employees) from all liability, claims or demands arising from bodily injury or damage to property. On behalf of my guests and any other person who uses tickets issued to me to attend an event, I also irrevocably waive and release on behalf of them, their attorneys, agents, successors, heirs and assigns all Released Claims against all Released Parties, notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. I further agree that I will defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by me, my guests, or any other person who uses tickets issued to me to attend events at CFH, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
I agree that I am responsible for my own conduct and the conduct of each person who enters the premises of CFH (including the waiting area, docks, and boats), using tickets issued to me, and that I and/or each person who enters the premises of CFH using tickets issued to me may be refused admission without refund, including if any of us are disorderly or fail to comply with any applicable rules.
CRUISE PARTICIPATION AND PHOTO SHARING
By participating in a CFH Cruise, you consent to the use of your voice, name, and/or likeness in photographs, films and videos, to be used without compensation, for advertising or promoting CFH. Furthermore, you release CFH, its parents, subsidiaries and affiliated entities (including their directors, officers, and employees) from any liability whatsoever and of any nature with respect to the use of your voice, name, and/or likeness for advertising or promoting CFH.
By submitting any media content to CFH or their directors, officers, and employees, you represent and warrant that: You are the sole author, creator and owner of the copyright and other intellectual property rights thereto and that you voluntarily waive any and all “moral rights” that you may have in such content; All content that you post is accurate; You have the permission of any and all persons whose photographs/likeness appear in the content to submit for our use.
All images and videos on this site are taken in compliance with established whale watching guidelines and regulations.
This site, available as https://www.boothbayboattrips.com, https://www.boothbaywaterfront.com, https://www.capnfish.com, https://www.mainemusiccruises.com, https://www.mainepuffin.com, and https://www.mainewhales.com is owned by CFH. Use of this site signifies your agreement to all Terms and Conditions.
We work diligently to keep all information up-to-date. However, prices, listings, and other information are subject to change and are for informational purposes only. CFH assumes no responsibility for errors or omission noted on this site. This site may contain hyperlinks to sites operated by parties other than CFH. CFH does not control such sites and is not responsible for their contents.
This Agreement shall be construed and enforced in accordance with the laws of the State of Maine, without regard to the conflict of laws provisions of such law.
On behalf of myself, my guests, or any other person who uses tickets issued to me to attend an event, I agree that any dispute between or among me, my guests, or any other person who uses tickets issued to me to attend an event, CFH, and any of their parents, affiliates, subsidiaries, owners, directors, employees, and independent contractors relating to my tickets or any issues that may arise in connection with any event shall be resolved by arbitration. I specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. I understand that the arbitrator’s decision will be final and binding, and that other rights that I may have if I went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable in such jurisdiction, and shall be construed in order to carry out the intentions of this Agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. I agree that this Agreement constitutes the sole and entire agreement between me and CFH with respect to attendance at a CFH event and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
If I have any questions or if I wish to communicate with CFH, I understand that I can send such communications to:
Capn Fish Holdings, LLC
75 Washington Ave, Suite 2D
Portland, Maine 04101