Terms of service

Effective Date: [Insert Date]

OVERVIEW

This website is operated by ETHICAL FISHING EXPERIENCES LTD, trading as Lake Como Fishing (“Lake Como Fishing”, “we”, “us”, or “our”). Throughout these Terms of Service, the terms “we”, “us”, and “our” refer to ETHICAL FISHING EXPERIENCES LTD.

By accessing our website, browsing our content, making an enquiry, or booking any experience through our website, you agree to be bound by these Terms of Service, together with our Privacy Policy, Cancellation Policy and any other policies referenced on this website.

If you do not agree with these Terms, you must not use our website or book any services through us.

We reserve the right to amend these Terms at any time. Updated versions will be published on this page. Continued use of our website following any changes constitutes acceptance of the revised Terms.

IMPORTANT LEGAL NOTICE

Please read this section carefully as it limits our liability and explains the contractual relationship between you, Lake Como Fishing, and your fishing guide.

Our Role

ETHICAL FISHING EXPERIENCES LTD, trading as Lake Como Fishing, operates solely as an independent booking agent and marketing platform.

We do not provide guided fishing experiences ourselves.

Our role is limited to introducing customers to independent professional fishing guides (“Guides”) and facilitating bookings on their behalf.

Your contract for the fishing trip is entered into directly between you and the individual Guide who will conduct your experience.

Lake Como Fishing is not a party to that contract and is not responsible for the operation, management or delivery of the fishing trip.

Deposits and Payments

The booking deposit paid through our website is a reservation fee which secures your chosen date and Guide.

Unless otherwise stated, the remaining balance for the fishing experience is payable directly to the Guide in accordance with their payment instructions.

Once your booking has been confirmed, responsibility for the delivery of the fishing experience rests solely with the Guide.

Independent Guides

All Guides advertised through Lake Como Fishing operate as independent businesses.

Each Guide is solely responsible for:

conducting the fishing trip;
ensuring compliance with all applicable laws and regulations;
maintaining all required licences and permits;
maintaining appropriate insurance where legally required;
providing suitable vessels, equipment and safety equipment;
making decisions regarding weather, safety and navigation;
determining whether a trip should proceed, be postponed or be cancelled.

Lake Como Fishing does not supervise, employ or control the Guides and cannot guarantee the quality, legality, safety or suitability of any Guide’s services.

ASSUMPTION OF RISK

Fishing, boating and outdoor activities involve inherent risks.

By booking a fishing experience you acknowledge and voluntarily accept that these activities may involve risks including, but not limited to:

slips, trips and falls;
deep water and drowning;
adverse weather conditions;
boat movement and instability;
fish hooks and fishing equipment;
sharp objects and knives;
wildlife and insects;
allergic reactions;
sun exposure and heat-related illness;
mechanical failures;
accidents during transport or navigation;
personal injury or death.

You voluntarily participate entirely at your own risk.

CUSTOMER RESPONSIBILITIES

You agree that you are responsible for:

assessing your own physical fitness before participating;
informing your Guide of any relevant medical conditions or disabilities;
following all safety instructions given by the Guide;
wearing any required safety equipment;
behaving responsibly at all times;
complying with local laws and regulations;
ensuring that any children under your supervision are properly supervised throughout the experience.

Failure to follow safety instructions may result in your participation being terminated without refund where reasonably necessary for safety.

MINORS

Children are welcome only where permitted by the relevant Guide.

Any person under the age of 18 must be accompanied throughout the experience by a responsible parent or legal guardian unless otherwise agreed in writing.

The accompanying adult accepts full responsibility for the safety, conduct and supervision of the minor during the entire experience.

Lake Como Fishing accepts no responsibility for supervising minors.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, ETHICAL FISHING EXPERIENCES LTD, trading as Lake Como Fishing, together with its directors, officers, employees, contractors, agents, affiliates, partners and representatives, shall not be liable for any injury, illness, death, accident, loss, theft, delay, inconvenience, property damage or any direct, indirect, incidental, consequential or special damages arising from or connected with:

participation in any fishing experience;
acts or omissions of any independent Guide;
acts or omissions of other participants;
weather conditions;
mechanical failure;
transport delays;
force majeure events;
loss or damage to personal belongings;
cancellation or alteration of any trip;
any advice or information provided by an independent Guide.

Nothing in these Terms excludes liability where such exclusion is prohibited by applicable law.

RELEASE OF LIABILITY

By booking a fishing experience through Lake Como Fishing, you agree, to the fullest extent permitted by law, to release, discharge and hold harmless ETHICAL FISHING EXPERIENCES LTD, trading as Lake Como Fishing, together with its directors, employees, contractors, affiliates and agents from any claims, liabilities, actions, losses, damages, costs or expenses arising from your participation in any fishing experience arranged through our website.

ACCURACY OF INFORMATION

We make reasonable efforts to ensure that information published on our website is accurate.

However, information relating to Guides, boats, availability, fishing opportunities, pricing, equipment and itineraries may change without notice.

While we endeavour to keep all information current, we cannot guarantee that all content is accurate, complete or up to date.

Customers should contact us or their Guide if clarification is required before booking.

THIRD-PARTY SERVICES

Our website may contain links to third-party websites or services.

We are not responsible for their content, availability, accuracy, products or services.

Your dealings with any third party are entirely at your own risk.

ACCEPTANCE OF THESE TERMS

By accessing this website or booking any experience through Lake Como Fishing, you acknowledge that you have read, understood and agreed to these Terms of Service in full.

PART 2 – BOOKINGS, PAYMENTS, WEBSITE USE & CUSTOMER OBLIGATIONS

SECTION 1 – ELIGIBILITY

By using this website or making a booking, you confirm that:

you are at least 18 years of age or have the authority of a parent or legal guardian;
you have the legal capacity to enter into a binding contract;
all information you provide is true, complete and accurate;
you are booking on behalf of yourself and any other members of your party with their authority.

If you make a booking for another person, you confirm that you have informed them of these Terms of Service and that they agree to be bound by them.

SECTION 2 – BOOKINGS

A booking request does not constitute acceptance.

A booking is confirmed only when:

the required deposit has been received (where applicable); and
you receive written confirmation from Lake Como Fishing or the assigned Guide.

We reserve the right to refuse or decline any booking request at our sole discretion.

Where a booking cannot be accepted, any deposit paid directly to Lake Como Fishing will be refunded unless otherwise stated in the applicable cancellation policy.

SECTION 3 – PRICES

All prices displayed on our website are subject to change without prior notice.

Although we make every effort to ensure pricing accuracy, errors may occasionally occur.

If an obvious pricing error is discovered after a booking request has been made, we reserve the right to:

cancel the booking and refund any payment received; or
offer the booking at the correct price.

You may then choose whether to proceed.

SECTION 4 – PAYMENTS

Where applicable, a deposit is payable at the time of booking to secure your chosen date.

Unless otherwise stated:

deposits are paid to ETHICAL FISHING EXPERIENCES LTD as booking agent;
the remaining balance is payable directly to the Guide;
payment methods accepted by individual Guides may vary.

Failure to pay any remaining balance when due may result in cancellation of your booking.

SECTION 5 – CUSTOMER INFORMATION

You agree to provide accurate and up-to-date information, including:

your full name;
contact details;
emergency contact information where requested;
details of all participants;
any relevant dietary requirements, accessibility needs or medical conditions that could affect the experience.

Failure to provide accurate information may prevent the Guide from safely delivering the experience.

Lake Como Fishing accepts no responsibility for losses resulting from inaccurate or incomplete information supplied by customers.

SECTION 6 – CANCELLATIONS AND REFUNDS

Cancellation terms are governed by our published Cancellation Policy, which forms part of these Terms.

Where a Guide cancels a trip due to weather, safety concerns, mechanical failure or circumstances beyond their reasonable control, the Guide may:

offer an alternative date;
offer an alternative experience;
provide a refund where appropriate.

Refund decisions relating to the fishing experience remain the responsibility of the individual Guide unless otherwise stated.

Booking fees retained by Lake Como Fishing for administrative services may be non-refundable where permitted by law.

SECTION 7 – WEATHER CONDITIONS

Fishing experiences are weather dependent.

The Guide has sole authority to determine whether weather or water conditions make the trip unsafe.

Customers agree to accept the Guide’s professional judgement regarding:

cancellation;
postponement;
modification of the itinerary;
shortening of the trip.

Safety decisions are final.

SECTION 8 – FORCE MAJEURE

Neither Lake Como Fishing nor the Guide shall be liable for failure or delay in performing obligations caused by circumstances beyond reasonable control.

These include, but are not limited to:

severe weather;
flooding;
fire;
natural disasters;
epidemics or pandemics;
government restrictions;
strikes;
civil unrest;
terrorism;
accidents;
transport disruption;
mechanical failure;
harbour closures;
utility failures.

Where possible, reasonable efforts will be made to rearrange affected bookings.

SECTION 9 – CUSTOMER CONDUCT

Customers are expected to behave respectfully towards Guides, staff, other guests and members of the public.

The Guide reserves the right to terminate a trip immediately without refund if a customer:

behaves aggressively or abusively;
is intoxicated by alcohol or drugs;
creates a safety risk;
damages property or equipment;
refuses to follow safety instructions;
engages in illegal behaviour.

Customers remain responsible for any damage they cause.

SECTION 10 – EQUIPMENT

Unless otherwise agreed, fishing equipment supplied by the Guide remains the property of the Guide.

Customers are expected to exercise reasonable care when using equipment.

Customers may be responsible for repair or replacement costs arising from deliberate damage, misuse or negligent handling.

Normal wear and tear is excluded.

SECTION 11 – PERSONAL BELONGINGS

Customers are solely responsible for their personal belongings.

Lake Como Fishing and the Guide accept no responsibility for lost, stolen or damaged property, including but not limited to:

mobile phones;
cameras;
watches;
jewellery;
wallets;
passports;
clothing;
fishing equipment brought by the customer.

Customers are encouraged to carry appropriate travel and personal insurance.

SECTION 12 – OPTIONAL THIRD-PARTY SERVICES

Our website may provide access to third-party services, software, booking systems or payment providers.

These services are provided “as available” without warranties of any kind.

We are not responsible for the availability, security, functionality or performance of third-party platforms.

Your use of such services is subject to the terms and privacy policies of the relevant provider.

SECTION 13 – USER SUBMISSIONS

If you voluntarily submit reviews, comments, photographs, testimonials, suggestions or other content to Lake Como Fishing, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, publish, edit, translate and display that content for marketing, promotional or business purposes.

You confirm that:

you own the content or have permission to submit it;
the content does not infringe the rights of any third party;
the content is not defamatory, unlawful, abusive or misleading.

We reserve the right, but not the obligation, to remove any user content at our sole discretion.

SECTION 14 – WEBSITE AVAILABILITY

We make reasonable efforts to ensure that this website remains available and functional.

However, we do not guarantee uninterrupted access.

We may suspend, withdraw, modify or restrict access to all or part of the website at any time without prior notice.

We are not liable for any losses arising from temporary interruptions or technical issues.

SECTION 15 – INTELLECTUAL PROPERTY

Unless otherwise stated, all content published on this website, including text, logos, graphics, photographs, videos, designs, branding and software, is owned by or licensed to ETHICAL FISHING EXPERIENCES LTD.

No material may be copied, reproduced, distributed, modified or used for commercial purposes without our prior written consent.

Unauthorised use may result in legal action.

SECTION 16 – PHOTOGRAPHY AND VIDEO

During our experiences, Lake Como Fishing or the Guide may occasionally take photographs and videos for promotional, editorial and marketing purposes.

Where you are identifiable, we will only use your image where we have an appropriate legal basis under applicable data protection law, including your consent where required.

Images may be used on:

our website;
social media channels;
printed promotional material;
blogs and newsletters;
advertising campaigns.

If you do not wish to be photographed or filmed, please notify your Guide before or at the start of your experience.

Where you have provided consent, you may withdraw it at any time by contacting us. We will cease future use of your identifiable images where reasonably practicable, although we cannot guarantee removal from material already published or distributed before your request.

Nothing in this section affects your statutory rights under applicable data protection legislation.

PART 3 – LEGAL PROVISIONS

SECTION 17 – PROHIBITED USES

You agree not to use this website or our Services:

for any unlawful purpose;
to encourage or facilitate unlawful activity;
to breach any applicable local, national or international law or regulation;
to infringe the intellectual property rights of Lake Como Fishing or any third party;
to harass, threaten, abuse, intimidate, discriminate against or defame any person;
to submit false, misleading or fraudulent information;
to upload or transmit viruses, malware or any malicious code;
to interfere with the security or operation of this website or any connected systems;
to scrape, crawl, harvest or extract data from this website without our written permission;
to use automated systems, bots or software to access the website except through publicly available search engine indexing;
to impersonate another individual or organisation;
to interfere with another customer’s enjoyment of our Services.

We reserve the right to suspend or permanently terminate access to our website or Services without notice if we reasonably believe these Terms have been breached.

SECTION 18 – WEBSITE CONTENT

Although we make every reasonable effort to ensure that information on this website is accurate and current, we do not guarantee that all content is complete, accurate or up to date.

Descriptions of Guides, destinations, species, equipment, boats, accommodation, prices and availability may change without notice.

Nothing on this website constitutes professional, legal, financial or medical advice.

SECTION 19 – NO WARRANTIES

Except where required by applicable law, this website and all Services are provided on an “as is” and “as available” basis.

We make no representation or warranty that:

the website will always be available;
the website will be free from errors;
the website will be secure;
the website will be free from viruses or harmful software;
information published will always be accurate or complete;
fishing conditions or catch success will meet expectations.

Fishing is influenced by weather, water conditions and natural wildlife, and no guarantee of catching fish is given.

SECTION 20 – LIMITATION OF LIABILITY

personal injury;
illness;
death;
property damage;
theft;
delays;
travel disruption;
loss of income;
loss of profits;
loss of enjoyment;
indirect losses;
consequential losses;
incidental damages;
punitive damages;
special damages,

arising directly or indirectly from:

your use of this website;
your booking through Lake Como Fishing;
the acts or omissions of an independent Guide;
participation in any fishing experience;
weather conditions;
cancellation or postponement of trips;
mechanical failures;
transport delays;
force majeure events;
third-party services.

Nothing in these Terms excludes or limits liability where such limitation is prohibited by applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such liability cannot legally be excluded.

SECTION 21 – INSURANCE

Customers are strongly encouraged to obtain appropriate travel insurance before travelling.

Depending upon your circumstances, you should consider insurance covering:

cancellation;
medical expenses;
emergency assistance;
personal accident;
personal belongings;
travel disruption.

Lake Como Fishing does not provide travel insurance.

SECTION 22 – INDEMNITY

You agree to indemnify, defend and hold harmless ETHICAL FISHING EXPERIENCES LTD, trading as Lake Como Fishing, together with its directors, officers, employees, contractors, affiliates, Guides, partners, licensors and agents against all claims, actions, liabilities, damages, losses, expenses and legal costs arising from:

your breach of these Terms;
your negligence;
your unlawful acts;
damage caused by you during a fishing experience;
claims brought by members of your booking party;
infringement of third-party rights.

This obligation survives termination of these Terms.

SECTION 23 – SEVERABILITY

If any provision of these Terms is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be deemed severed.

The remaining provisions shall remain in full force and effect.

SECTION 24 – NO WAIVER

Failure by Lake Como Fishing to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights available to us.

Any waiver must be made expressly in writing.

SECTION 25 – TERMINATION

We reserve the right to suspend or terminate access to our website or Services immediately if we reasonably believe you have breached these Terms.

Termination does not affect any rights or obligations that accrued before termination.

Any provisions intended to survive termination, including liability limitations, indemnities, intellectual property rights and governing law, shall continue to apply.

SECTION 26 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Cancellation Policy and any policies expressly incorporated by reference, constitute the entire agreement between you and ETHICAL FISHING EXPERIENCES LTD regarding your use of this website and our Services.

They replace all previous agreements, representations or understandings, whether oral or written.

SECTION 27 – GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.

Nothing in these Terms affects any mandatory consumer rights available under applicable law.

SECTION 28 – DISPUTE RESOLUTION

If a dispute arises, both parties agree to attempt to resolve the matter amicably before commencing legal proceedings.

If a dispute cannot be resolved through negotiation, it shall be submitted to the courts of England and Wales, unless mandatory consumer protection laws require otherwise.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where appropriate.

SECTION 29 – CHANGES TO THESE TERMS

We reserve the right to amend these Terms of Service at any time.

Updated versions will be published on this website with a revised effective date.

Your continued use of our website or Services following publication of updated Terms constitutes acceptance of those changes.

SECTION 30 – CONTACT DETAILS

If you have any questions regarding these Terms of Service, please contact:

ETHICAL FISHING EXPERIENCES LTD
Trading as Lake Como Fishing

Email: store@whieldonflyfishing.com

SECTION 31 – ACKNOWLEDGEMENT

By accessing this website or booking any experience through Lake Como Fishing, you confirm that you have read, understood and agreed to these Terms of Service.

Where you make a booking on behalf of other participants, you confirm that you have the authority to accept these Terms on their behalf and that you have made them aware of these Terms before the experience takes place.

PART 4 – ADDITIONAL TERMS

SECTION 32 – HEALTH AND MEDICAL CONDITIONS

Customers are responsible for ensuring they are medically fit to participate in the booked experience.

You agree to inform your Guide before the trip if you have any medical condition, allergy, disability, injury or other circumstance that could affect your safety or the safety of others.

Neither Lake Como Fishing nor the Guide is responsible for medical issues that arise due to undisclosed conditions.

The Guide reserves the right to refuse participation where they reasonably believe a customer’s medical condition presents a safety risk.

SECTION 33 – ALCOHOL AND DRUGS

Customers must not participate while under the influence of illegal drugs or excessive alcohol.

The Guide may refuse boarding or terminate the experience without refund if a participant appears intoxicated or impaired.

SECTION 34 – SAFETY EQUIPMENT

Customers agree to use any safety equipment provided by the Guide, including life jackets or personal flotation devices, whenever instructed.

Failure to comply with safety instructions may result in immediate termination of the experience without refund.

SECTION 35 – CUSTOMER DAMAGE

Customers are responsible for any loss or damage caused through deliberate acts, reckless behaviour or negligence.

This includes damage to:

boats;
engines;
fishing equipment;
electronic equipment;
vehicles;
accommodation;
marina facilities;
third-party property.

Customers may be required to reimburse the Guide or property owner for repair or replacement costs.

SECTION 36 – ANIMALS

Unless specifically agreed in writing, pets are not permitted on fishing experiences.

Where assistance dogs are required by law, customers should notify us before booking so that appropriate arrangements can be discussed with the Guide.

SECTION 37 – PHOTOGRAPHY PROVIDED BY CUSTOMERS

During your fishing experience, Lake Como Fishing and/or the independent Guide may take photographs and videos for promotional, editorial and marketing purposes.

By making a booking, you acknowledge that photography and videography may take place during your experience and, unless you notify us otherwise in writing before the commencement of your trip, you consent to the use of photographs and video in which you may appear for promotional purposes.

Such media may be used on, but is not limited to:

the Lake Como Fishing website;
social media platforms (including Instagram, Facebook, YouTube and similar platforms);
blogs and newsletters;
printed marketing materials;
digital advertising and promotional campaigns.

If you do not wish to appear in photographs or videos, you must notify Lake Como Fishing in writing before your scheduled experience or inform your Guide before photography begins. We will make reasonable efforts to ensure that you are not included in promotional photographs or videos.

Where you have previously consented to the use of your image, you may withdraw that consent at any time by contacting us in writing. Upon receiving your request, we will cease using your identifiable image in future promotional material where reasonably practicable. Withdrawal of consent will not affect any lawful use made before your request was received, and we cannot guarantee removal of content already published, shared by third parties, printed or otherwise distributed.

All photographs, videos and other media created by Lake Como Fishing or its authorised representatives remain the intellectual property of ETHICAL FISHING EXPERIENCES LTD unless otherwise agreed in writing.

SECTION 38 – FISHING LICENCES AND LEGAL REQUIREMENTS

Customers are responsible for obtaining any fishing licence, permit or authorisation required by law unless expressly stated that it is included as part of the booked experience.

Customers agree to comply with all applicable fishing regulations, catch limits, protected species legislation and local environmental laws.

SECTION 39 – ENVIRONMENTAL RESPONSIBILITY

Lake Como Fishing promotes responsible and sustainable angling.

Customers agree to follow the Guide’s instructions regarding environmental protection, wildlife conservation, litter disposal and fish handling.

Deliberate environmental damage or unlawful fishing practices may result in immediate termination of the experience.

SECTION 40 – LANGUAGE

These Terms of Service are drafted in the English language.

Where translations are provided for convenience, the English version shall prevail in the event of any inconsistency or dispute.

SECTION 41 – ELECTRONIC ACCEPTANCE

By ticking the acceptance box during the booking process, making a payment, submitting a booking request or otherwise using our Services, you acknowledge that you have read and accepted these Terms of Service.

Electronic acceptance shall have the same legal effect as a handwritten signature.

SECTION 42 – PRIVACY

Your personal information is processed in accordance with our Privacy Policy and applicable data protection legislation, including the UK GDPR and, where applicable, the EU General Data Protection Regulation.

Please read our Privacy Policy before making a booking.

SECTION 43 – SURVIVAL

Any provisions of these Terms which by their nature are intended to survive termination, including but not limited to limitation of liability, indemnity, intellectual property, governing law, dispute resolution and privacy obligations, shall continue in force after termination.

FINAL ACKNOWLEDGEMENT

By accessing this website, making an enquiry or booking an experience through Lake Como Fishing, you acknowledge that:

you have read and understood these Terms of Service;
you agree to be legally bound by them;
you understand that ETHICAL FISHING EXPERIENCES LTD acts solely as a booking agent introducing customers to independent professional Guides;
your contract for the fishing experience is entered into directly with the independent Guide;
you voluntarily accept the inherent risks associated with fishing and boating activities;
you accept responsibility for complying with all safety instructions and applicable laws during your experience.