Terms and Conditions
StackAttack Fishing Charters Limited: Terms of Service
1. Introduction
This document ("Agreement") governs the relationship and sets out the terms and conditions ("Terms") between you ("You" or "Your") and StackAttack Fishing Charters Limited, hereafter referred to as "StackAttack," "Company," "We," or "Our."
2. Formation of Contract
By submitting a deposit and being recognised as the charterer, you confirm that you have read, understood, and agreed to be legally bound by these Terms. The contract is formed once your deposit payment is received by StackAttack.
3. Services Provided
StackAttack, operating under the Maritime Operator Safety System (MOSS), offers specialised fishing charter services, employing custom-built vessels and professional guides.
4. Financial Terms
4.1. Pricing: All prices are in New Zealand Dollars (NZD) and valid for one (1) year from the reservation date.
4.2. Deposit: A deposit, typically 25% of the total charter cost, is required to confirm your booking.
4.3. Adjustments: StackAttack reserves the right to adjust pricing as necessary to maintain service viability.
4.4. Refund Policy: Deposits are non-refundable unless cancellation is due to adverse weather conditions. If a fully paid charter is cancelled, a refund will be issued minus the deposit amount.
5. Payment Methods
All bookings require a deposit to secure your spot. Once your charter is confirmed, full payment is due the night before departure. You can pay using one of the following methods:
-
Credit card (a secure payment link will be provided)
-
Bank deposit
-
Cash on the day
Please note: credit card payments are our preferred method. However, a 3% service charge applies, which is set by the payment provider.
All payments must be received before the boat leaves the harbour. If payment hasn't been completed by then, your booking may be forfeited.
6. Cancellations and Changes
6.1. Client Cancellations: Cancellation within 14 days of the scheduled charter will result in forfeiture of your deposit.
6.2. Company Cancellations: StackAttack reserves the right to cancel or reschedule charters due to unforeseen circumstances, in which case you may elect for a full refund or rescheduled date.
6.3. Weather or Safety Adjustments: In cases of early termination due to weather or safety concerns, partial refunds may be issued proportionate to the unused portion of the charter.
7. Safety and Conduct
7.1. Mandatory Compliance: All passengers must adhere to safety instructions provided by the skipper or crew. Failure to comply may result in trip termination without refund.
7.2. Health and Fitness: Those with known health concerns (including seasickness) should seek medical advice before booking.
7.3. Behaviour: Excessive alcohol consumption or disruptive behaviour will not be tolerated and may lead to immediate trip termination without refund.
8. Equipment and Sustainability
8.1. Use of Equipment: Loss or damage to fishing gear or other equipment due to negligence will incur replacement or repair costs.
8.2. Sustainable Fishing Practices: StackAttack supports sustainable fishing. Catch limits apply (typically one kingfish per person) and must be strictly observed.
9. Media Ownership and Usage
9.1. Captured Content:
By boarding StackAttack and participating in activities, you consent to photographs, video recordings, or other media content ("Content") being captured by or on behalf of Nick Stack ("Owner"). All rights, title, and interest in such Content, including copyright and related intellectual property rights, shall belong exclusively to the Owner.
9.2. Consent to Use:
You irrevocably grant the Owner the right to use, reproduce, edit, publish, and distribute the Content in any medium for lawful purposes including marketing, promotional, and advertising activities, without further permission from you or compensation to you.
9.3. No Ownership Rights:
You acknowledge you have no ownership rights or financial claims over the Content and waive any rights to inspect or approve the final use of the Content.
9.4. Restrictions on Personal Release:
You agree not to publicly release or distribute any Content you personally capture on StackAttack without prior written permission from the Owner, unless that Content has already been published publicly by StackAttack.
9.5. Waiver and Indemnity:
You release and discharge the Owner, their representatives, assigns, employees, and third parties involved in the creation or publication of the Content from any claims, demands, or causes of action related to defamation, invasion of privacy, or infringement of moral rights.
10. Data Protection and Privacy
10.1. Privacy Commitment:
Personal information collected is securely stored and used solely to facilitate bookings, improve services, or as otherwise legally required. Personal information will not be shared with third parties without your consent except where required by law.
11. Limitation of Liability
To the extent permitted by New Zealand law, StackAttack and its representatives shall not be liable for any indirect, incidental, punitive, exemplary, special, or consequential damages arising from or relating to your participation in any charter activities.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
Any disputes arising from or relating to this Agreement shall be referred to and finally resolved by arbitration in New Zealand, in accordance with the Arbitration Act 1996.
13. Maritime Transport Operator Plan (MTOP)
CONTACT INFORMATION
-
Website: www.stackattack.co.nz
-
Email: info@stackattack.co.nz
-
Phone: +64 027 635 4975