Fishulo Terms and Conditions


BOOKING TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between you and Fishulo, LLC (“Fishulo”). By booking a Canadian adventure with Fishulo, you agree to be bound by these Terms and Conditions. Please read them carefully. By booking your trip with Fishulo, and by accepting and agreeing to be bound by these Terms and Conditions, you accept and agree to be bound on behalf of yourself, and all other members in your party (hereinafter referred to collectively as your “Party”), whether such Party members are minors or adults, and whether any member of your Party is under any physical or mental disability.

1. Description of Service Provided. Fishulo is a web-based travel agent for anglers and hunters planning Canadian fishing and hunting adventures. Fishulo makes recommendations to clients, such as yourself, based on its knowledge of particular Canadian lodges, resorts and outfitters with whom Fishulo has working relationships (the “Affiliates”). At the time of booking a trip (your “Trip”), with Fishulo, you will be required to make a deposit (the “Deposit”) of not less than thirty percent (30%) of your total Trip Price. Upon Fishulo’s receipt of payment of your Deposit, Fishulo shall send you an e-mail confirmation (the “Confirmation E-Mail”). All of your final arrangements, including payment of the remaining balance due, shall be made or paid directly by you with or to the particular Affiliate with whom Fishulo has booked your Trip. If at any time, during or after your Trip, you need assistance which is not otherwise available from, by, or through the Affiliate, you should contact Fishulo, directly, at 110 s. Washington St, Green Bay WI 855-FISHULO (347-4856)

2. Trip Price. The Trip Price is as set forth in Fishulo’s Confirmation E-Mail. The price quoted to you (the “Trip Price”) in your Trip Confirmation E-Mail, or in any other communication from Fishulo, are in U.S. funds unless otherwise noted. If, at any time before, during, at the end of, or after your Trip, a dispute or disagreement arises between you and any Affiliate with whom your Trip was booked, including any dispute or disagreement involving an Affiliate charging you an amount greater than any amount set forth in your Confirmation E-Mail, then you must notify Fishulo of such dispute or disagreement, in writing, within thirty (30) days of the last day of your Trip, as stated on your Trip itinerary (the “Trip Itinerary”). Said written notice shall include sufficient facts to apprise Fishulo of the full extent of such dispute or disagreement. Fishulo reserves the right to make a determination, in its sole discretion, with respect to any price adjustment, refund, or other remedy to your dispute or disagreement with the Affiliate. You agree to be bound by any and all decisions that Fishulo may make with respect to such dispute or disagreement. Fishulo’s determination shall be binding and conclusive upon you and may result in a price adjustment, refund, or no refund.

3. Quotations and Deposits. Any quotation for a Trip which you receive from Fishulo shall be valid for seventy-two (72) hours from the date and time it was sent to you by Fishulo (the “Quotation”). Your failure to timely accept or confirm a Quotation, in accordance with and pursuant to the terms of the Quotation itself, shall render such Quotation null and void. No Quotation is binding upon Fishulo until after it has sent to you your Confirmation E-Mail. Within seventy-two (72) hours of the date and time of Fishulo’s transmittal to you of your Confirmation E-Mail to you, you shall cause to be deposited with Fishulo, your Deposit in the amount set forth in your Confirmation E-Mail. Failure of Fishulo to have timely received, such receipt being determined in Fishulo’s sole discretion, your Deposit shall render your Confirmation E-Mail null and void, and Fishulo and its applicable Affiliate shall be under no obligation to you, or to any member of your Party, with respect to the Trip or any other matter whatsoever.

4. Taxes. You, and the members of your Party, are liable for and responsible to pay all United States and Canadian federal, state, provincial, local and other taxes on all products and services included in your Quotation and related to your Trip, whether or not such taxes are set forth in your Quotation or your Confirmation E-Mail. Taxes due on the sale or provision of the products and services provided during your Trip shall be included on your final invoice provided by our Affiliate and shall be payable at the same time and in the same manner as final payment for your Trip. Any references to taxes included on your Quotation or Confirmation E-Mail are estimated taxes only and are provided for your convenience.

5. Surcharges. In rare instances, such as large price swings due to currency variations between the U.S. and Canadian dollars, or large swings in the price of fuel, Fishulo may find it necessary to assess a surcharge to the cost of your Trip (the “Surcharge Notice”). If Fishulo determines that a surcharge is necessary, Fishulo shall notify you, in writing, not less than thirty (30) days prior to the departure date of your Trip as set forth on your Trip Itinerary. Within seventy-two (72) hours of your receipt of the Surcharge Notice you may cancel your Trip, without any liability to Fishulo or its Affiliate, by providing written notice to Fishulo stating your clear and unambiguous intent to cancel your Trip (the “Cancellation Notice”). Within five (5) business days of Fishulo’s receipt of your Cancellation Notice, Fishulo shall refund to you your entire Deposit.

6. Unused Services. You shall not be entitled to any refund, reduction, or adjustment to your Trip Price arising out of or related to products or services which you do not use or receive during your Trip, through no fault of Fishulo or its Affiliate. This limitation includes unused services arising out of or related to your voluntary or involuntary termination of your Trip due to sickness, death of yourself or a family member, death of a member of your Party or a family member of a member of your Party, late arrival to or from an airport, boat landing, or other location, or your departure from our Affiliate’s location prior to your departure date as set forth on your Trip Itinerary.

7. Extended Stays. You acknowledge that neither Fishulo, or its Affiliate, has control over weather conditions which may require, due to safety, travel limitations, or other issues, your stay at our Affiliate’s facility beyond the departure date of your Trip as indicated on your Trip Itinerary. During the period of any such extended stay, you, and the members of your Party, shall be responsible for and shall pay for all products and services rendered or provided to you, or the members of your Party, by our Affiliate including payment for additional meals, lodging, boat, motor, gas, guide, incidentals, and other such products and services.

8. Not Included in Trip, Quotation, or Trip Price. Unless otherwise set forth specifically in your Confirmation E-Mail as “INCLUDED”, the following are not included in your Trip, Quotation, or Trip Price, and may or will result in additional expense to you and to the members of your Party: airfare, of any kind, fishing or hunting licenses, meals, maid service, guide service, boat use, motor use, gas, bait, fish or game processing, fly-outs, beverages, fishing or hunting equipment, gratuities, passport costs, travel insurance, baggage charges, excess or otherwise, airport taxes and fees, laundry, medical expenses, optional activities, excursions and side trips, ground transportation, hotel accommodations prior to and after your arrival and departure dates on your Trip Itinerary, and other incidentals acquired or utilized by you, or any member of your Party, during your Trip and any incidental travel costs prior to or after your arrival and departure dates on your Trip Itinerary. Only those products and services specifically identified on your Confirmation E-Mail are included in the Trip Price and your Trip.

9. Assumption of Risk. You acknowledge that as a travel agent, Fishulo is only providing recommendations to you of hunting and fishing destinations and outfitters, and that other than serving as a booking agent for its Affiliates, Fishulo has no legal relationship with its Affiliates. You further acknowledge that Fishulo’s Affiliates are remote, isolated, and far removed from medical care facilities found in urban and rural areas of the United States. Fishulo’s Affiliates operate in areas where standards of accommodation, transportation, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you or the members of your Party, are used to. By accepting these Terms and Conditions, you acknowledge for yourself and the members of your Party, that participation in your Trip involves inherent risks that may not be present were you to be traveling on a more conventional or less demanding trip. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to person and to property, inconvenience and discomfort. The possibility of experiencing all or any of these risks is inherently higher on your Trip because access to the remote wilderness locations of our typical Affiliate is often reached via gravel, dirt, and unapproved roads, including logging roads, with little or no safety standards, and/or by small private or commercially operated aircraft and, in some circumstances, by small privately operated boats. You further acknowledge that the locations of Fishulo’s typical Affiliate are remote from any regional or local weather forecasting facilities or service. In addition, certain of Fishulo’s Affiliates are located in areas populated by dangerous wildlife, including moose, black bears, grizzly bears, brown bears, wolves, and other wildlife which can do and are known to occasionally do harm to persons and their property. By accepting these Terms and Conditions, you acknowledge having been informed of the risks associated with your Trip, as described in this Section 9, and you and the members of your Party agree to assume all such risks of personal injury or damage to property associated with such risks. When determining whether or not to book a trip with an Affiliate, through Fishulo, it is your responsibility to educate yourself and take proactive measures to insure your safety. Fishulo recommends that you, or a member of your Party, take advanced first aid training (based on your and the members of your Party’s needs) prior to your Trip, in order to be prepared in case of medical emergency. While near any water, including at all times while occupying a boat, you and the members of your Party, agree to wear personal floatation devices. In the event of your and any members of your Party hunting from an elevated tree stand during your Trip, you and the members of your Party agree to wear, at all times while occupying such tree stand, a safety belt or harness capable of supporting the individual wearer in the event of a fall.

10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS TO THE CONTRARY, FISHULO SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR ANY MEMBER OF YOUR PARTY ARISING OUT OF OR RELATED TO YOUR TRIP. IN ADDITION, FISHULO SHALL NOT BE LIABLE TO YOU, OR TO ANY MEMBER OF YOUR PARTY OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED AS A RESULT OF OR IN CONNECTION WITH YOUR TRIP, THESE TERMS AND CONDITIONS OR FISHULO’S OBLIGATIONS HEREUNDER. FISHULO’S ENTIRE LIABILITY TO YOU OR ANY MEMBER OF YOUR PARTY FOR ANY DISPUTE, CLAIM, CAUSE OF ACTION, OR OTHER CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR TRIP SHALL BE LIMITED TO NOT GREATER THAN THE TOTAL AMOUNT OF YOUR DEPOSIT. TO THE EXTENT PERMITTED BY LAW, FISHULO SHALL NOT BE LIABLE TO YOU OR TO ANY MEMBER OF YOUR PARTY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DEATH, INJURY OR DAMAGE, TO PERSON OR PROPERTY, HOWEVER CAUSED, INCLUDING RESULTING FROM ANY INDIVIDUAL OR ENTITY’S NEGLIGENCE, WHICH YOU, OR ANY MEMBER OF YOUR PARTY, MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS OR PARTICIPATION IN YOUR TRIP, OR IN RESPECT OF A FAILURE OR OMISSION ON THE PART OF FISHULO TO COMPLY WITH ITS OBLIGATIONS PURSUANT TO ITS AGREEMENT WITH YOU, INCLUDING, BUT NOT LIMITED TO, THESE TERMS AND CONDITIONS, OR IN RESPECT OF ANY OTHER ACT OR OMISSION OF FISHULO UNDERTAKEN IN CONNECTION WITH YOUR TRIP.

To the fullest extent permitted by law, you hereby release Fishulo, its officers, directors, members, managing members, employees, agents, Affiliates, and representatives (hereinafter referred to collectively as the “Fishulo Parties”) from all costs, liabilities, losses, and damages incurred by you and any member of your Party, in connection with your participation in your Trip and you hereby waive any associated claims that you may have against the Fishulo Parties, individually or collectively, as a result of your participation in your Trip. Where legislation or laws of any governmental authority having jurisdiction over these Terms and Conditions, or the relationship between Fishulo or any Fishulo Party and you, implies any condition or warranty, and under circumstances where such legislation prohibits Fishulo or any Fishulo Party from excluding or modifying the application of such implied condition or warranty, any such implied condition or warranty shall be deemed included within these Terms and Conditions, but Fishulo’s and any Fishulo Party’s liability with respect to any alleged breach of such implied condition or warranty shall be limited to the total amount of your Deposit.
Fishulo is not responsible for the acts or omissions of others, including, but not limited to, guides, airlines, flying services, accommodation providers, or its Affiliates for any loss, damage, death, injury or expense, including reasonable attorneys’ fees, which you, or any member of your Party, may incur as a consequence of said party’s acts or omissions. You acknowledge that you have not relied upon any representation made by Fishulo, or any agent of Fishulo, other than as has been expressly stated in these Terms and Conditions.

Any independent arrangements made by you, or any member of your Party, that are not specifically referenced in your Confirmation E-Mail, are entirely your responsibility and at your risk.

11. Cancellation by Fishulo or Affiliate. Notwithstanding anything contained in these Terms and Conditions to the contrary, Fishulo reserves the right to cancel your Trip by providing you with not less than thirty (30) days prior written notice of such cancellation (the “Fishulo’s Cancellation Notice”); provided, however, that if the reason for cancellation is an event of Force Majeure, under Section 20, below, said notice may be provided to you at any time prior to your departure date as set forth on your Trip Itinerary. In the event of such cancellation, Fishulo shall endeavor to work with you to book an alternative trip with the same or a different Affiliate (the “Alternate Trip”); provided, however, that Fishulo shall be under no obligation to do so and shall incur no liability to you if the Alternate Trip is not successfully booked. If Fishulo offers to you the Alternate Trip, after cancellation of a confirmed Trip, at an Affiliate’s facility whose accommodations, products, and services are, in Fishulo’s sole discretion, the same as or better than the accommodations, products, and services to have been provided by the Affiliate of your cancelled Trip (which such Alternate Trip, Affiliate, accommodations, products, and services shall be reasonably described in Fishulo’s Cancellation Notice and if you fail to accept and book said Alternate Trip, then Fishulo’s sole obligation and liability to you, with respect to the cancellation of your Trip shall be to return your Deposit, less any costs and expenses already incurred by Fishulo in contemplation of your Trip.

Acceptance (as evidenced by a confirmed booking) or rejection (no response being deemed a rejection) of an Alternate Trip shall be delivered to Fishulo within one hundred twenty (120) hours after Fishulo’s transmittal to you of Fishulo’s Cancellation Notice. Upon booking of an Alternate Trip, Fishulo shall deliver to you a Confirmation E-Mail with respect to such Alternate Trip.

12. Cancellation by You. In addition to your right to cancel, as set forth in Section 5, above, you may cancel your Trip by delivering to Fishulo, notice of such cancellation, at any time prior to six (6) months before the date of your departure as set forth on your Trip Itinerary and, under such circumstance, receive a full refund from Fishulo of your Deposit. If you cancel your Trip within less than six (6) months, but greater than ninety (90) days prior to your departure date as set forth on your Trip Itinerary, you shall have twelve (12) months from the date Fishulo receives notice of such cancellation within which to apply your Deposit to another trip booked through Fishulo. Failure to book another trip with Fishulo within said twelve (12) month period shall result in the forfeiture of your Deposit. If you cancel your Trip less than ninety (90) days prior to your departure date as set forth on your Trip Itinerary, your entire Deposit will be forfeited, retained by Fishulo, and you shall have no opportunity to apply such Deposit to a future trip. Further, any cancellation of your Trip, by you on less than ninety (90) days notice to Fishulo prior to your departure date as set forth on your Trip Itinerary will subject you to the cancellation policies, procedures, and liabilities of our Affiliate and may result in you being liable to our Affiliate for one hundred percent (100%) of the remaining balance of the entire Trip Price for your Trip. Fishulo highly recommends that you purchase travel insurance, from a reputable travel insurance company, to mitigate your loss in the event of having to cancel a Trip.
You shall not be entitled to any refund or forgiveness of any Deposit, or amount due from you to Fishulo or any Affiliate if you or any member of your Party terminates your or their participation in your Trip prior to your departure date as set forth on your Trip Itinerary.

13. Affiliate Authority. You acknowledge that at all times during your Trip, after arrival at our Affiliate’s facility, our Affiliate has authority to make decisions, binding upon you and the members of your Party, on all matters likely to affect your safety and well being during the Trip. These decisions include decisions involving the ongoing participation of you and the members of your Party on the Trip, including certain activities and excursions that comprise part of the Trip. If you, or a member of your Party, fail to comply with any decision or directive made or communicated by our Affiliate to you, or interfere with the implementation of any such decision or directive, then our Affiliate reserves the right to immediately, and without advance notice, terminate your Trip or the participation in your Trip of any member of your Party, and order you, or any member of your Party, to leave the Affiliate’s facility without any right or opportunity for a refund or Trip Price reduction.

By accepting these Terms and Conditions, you acknowledge that the nature of your Trip requires considerable flexibility and you accept the likelihood of reasonable alterations to your Trip Itinerary by our Affiliate. Your Trip Itinerary has been provided to you as a representative of the type, dates, and times of travel. You acknowledge that your routes, schedules, and modes of transportation may be subject to reasonable change with little or no notice due to, without limitation, weather conditions, flight cancellations and conditions, illness, injury, or border crossing difficulties.

14. Travel Insurance. As referenced above, Fishulo strongly recommends you purchase travel insurance. Travel insurance, in many instances, covers trip cancellation risks due to weather, accidents, injury, illness and death, medical emergencies, including any related to pre-existing medical conditions, and other insured risks. By booking your Trip with Fishulo, you HAVE NOT purchased any travel insurance.

15. Admittance into Canada. Fishulo assumes no responsibility with respect to your, or any member of your Party’s, admission across the U.S. Canadian Border into Canada or re-entry back into the United States. You and the members of your Party are solely responsible for all documentation (typically a passport), required to be displayed at the U.S. Canadian Border for admission into Canada and re-entry into the United States. For complete information on entry into Canada, visit the following website [INSERT WEBSITE]. For complete information on re-entry into the United States, visit the following website [INSERT WEBSITE]. Be advised that a passport, which is valid for less than six (6) months beyond the duration of your Trip, may cause Canadian entry problems. Be further advised that convictions for driving under the influence of intoxicants and other prior criminal arrests are likely to affect an individual’s ability to enter Canada. Fishulo is not under obligation to refund or reduce any portion of your Trip Price to you or any member of your Party as a result of your or any member of your Party’s inability to cross the U.S. Canadian Border.

16. Notices. All notices under these Terms and Conditions, shall be in writing and shall be considered delivered in all respects when they have been, in the case of Fishulo’s transmittal, upon transmission, and in the case of Fishulo’s receipt, upon its actual receipt, as follows:
To Fishulo at: 110 S. Washington St
Green Bay WI
855-FISHULO (347-4856) info@fishuloadventures.com
To you: at the e-mail address to which your Confirmation E-Mail is sent.

17. Governing Law and Venue. These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Wisconsin. Any legal proceeding initiated by you, or any member of your Party, involving Fishulo and in connection with these Terms and Conditions, your Trip, or any other matter, shall be brought in a forum consisting of either the United States District Court for the Eastern District of Wisconsin, located in Green Bay, Wisconsin, or in the Circuit Court for Brown County, Wisconsin. These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the State of Wisconsin.

18. Complete Agreement. All agreements, obligations, and understandings between Fishulo and you, and the members of your Party, are set forth in these Terms and Conditions, your Quotation, and your Confirmation E-Mail, and there are no other warranties, obligations, covenants or understandings between Fishulo and you, and the members of your Party. No amendment, alteration, modification or waiver of all or any part of these Terms and Conditions, your Quotation, or your Confirmation E-Mail shall be of any force or effect unless in writing and acknowledged by Fishulo and you.

19. Invalid Provisions. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any applicable present or future laws, such provision shall be fully severable and these Terms and Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

20. Force Majeure. Fishulo and its Affiliates shall not be liable to you, or any member of your Party, and shall not be in default with respect to any term, condition or obligation set forth herein, in the event that Fishulo, or any Affiliate, is delayed, hindered or prevented from the performance of any act required hereunder by reason of any act of God, strikes, lock-outs, labor disputes, power failure, governmental laws or regulations, riots, insurrection, war, terrorism, weather conditions, or other reasons not the fault of Fishulo or its Affiliate.