Terms of service

1. Acceptance of these terms

By opening a TransomBooking account, by using the service, or by paying a subscription invoice, you accept these terms on behalf of yourself and of the business you represent. If you are agreeing on behalf of a company, a partnership or a vessel owning entity, you confirm that you have the authority to bind it. If you do not accept these terms, do not use the service. We may publish a revised version of these terms as described in section 12.

2. What the service is

TransomBooking is a web based charter trip booking and administration service for charter fishing captains, marine tour operators and the dock offices that dispatch them. The service allows a subscriber to publish trip types and availability, take bookings by phone or through a public booking page, authorize and capture deposits on a customer's payment card, attach a written weather cancellation rule to every trip, assign mates to trips, produce a split sheet, and generate a float plan document from the passenger manifest and vessel details entered by the subscriber.

The service is administrative software. It is not a navigational aid, not a weather service, not a safety system and not a legal or regulatory compliance service. A float plan generated by TransomBooking is a document assembled from what the subscriber typed in. Deciding whether to sail, verifying passenger counts against a licence, carrying required safety equipment and complying with United States Coast Guard rules and any federal, state or local permit remain entirely the responsibility of the operator and the captain in command.

3. Accounts and eligibility

You must be at least eighteen years old and operating a lawful business to hold an account. You are responsible for the accuracy of the account details you give us, for keeping your login credentials confidential, and for everything done under your account by your captains, mates and office staff. Tell us promptly at jimenezjulien42@gmail.com if you believe an account has been used without your permission. One subscription covers the number of vessels stated in your plan.

4. Acceptable use

You agree not to use the service to store or send unlawful content, to send unsolicited bulk messages to people who never contacted your business, to attempt to gain access to another subscriber's data, to probe or interfere with the operation of the platform, or to resell access to the service to a third party operator without a written agreement with us. You also agree not to use the service to take payment for trips you do not intend to run. We may suspend an account that puts the platform, our host or other subscribers at risk, and we will tell you why.

5. Subscription plans and billing

Three plans are available and each one is billed monthly in United States dollars. One Boat costs $29 per month and covers a single vessel. Two Boats costs $69 per month and covers two vessels. Charter Fleet costs $149 per month and covers up to twelve vessels under one dispatch board. Prices are exclusive of any sales tax or value added tax that may apply to your business, which is added where required by law.

The subscription begins on the day you first activate a plan and renews automatically on the same day of each following month until you cancel. Payment is taken by card on the renewal date. There is no setup fee, no minimum term and no commission taken on the fares or deposits you collect from your own customers. If a payment fails we will retry it and contact you; if it remains unpaid for fourteen days we may suspend access until the balance is settled. Moving to a larger plan takes effect at once and is charged on a prorated basis for the remainder of the month; moving to a smaller plan takes effect at the next renewal.

6. Cancellation

You can cancel at any time from the account screen without contacting support and without giving a reason. Cancellation stops the next renewal and your access continues to the end of the period you have already paid for. Monthly payments already made are not refunded, since the service was available to you throughout that period. Your records remain available for export for ninety days after the final billing date, after which they may be deleted. We may terminate an account for a serious or repeated breach of section 4, and in that case we refund the unused portion of the current month.

7. Your data

Everything you put into TransomBooking belongs to you: your trip types and rates, your customer list, your booking history, your deposit records, your manifests and your generated float plans. We claim no ownership over any of it and we never sell, rent or share it with another operator or with an advertiser. We process it only to operate the service for you, to provide support when you ask for it, and to produce aggregate statistics that never identify a subscriber or a passenger.

You can export your records to CSV at any time while the account is open and during the ninety day window after it closes. Payment card numbers are handled by a licensed payment processor and are never stored in full on our systems. You are the controller of any passenger personal data you enter and are responsible for having a lawful basis to collect it and for telling your passengers how you use it.

8. Availability and support

We aim for the service to be available at all times other than planned maintenance, which is scheduled outside the peak booking hours of the North American season wherever that is possible, and announced in advance in the application. We do not guarantee uninterrupted availability, because parts of the platform depend on third parties such as our host, the payment processor and the messaging gateways. Support is provided by email for every plan and by telephone seven days a week in season for the Charter Fleet plan.

9. Warranty disclaimer

The service is provided on an as is and as available basis. To the fullest extent permitted by applicable law, we disclaim all implied warranties including merchantability, fitness for a particular purpose and non infringement. We do not warrant that the service will meet every requirement of your business, that it will be free of defects, or that any float plan, report or document generated from the data you enter will satisfy a particular regulator, insurer or counterparty. You remain responsible for reviewing what the software produces before you rely on it.

10. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, for lost profits, for lost bookings, for lost fuel or bait costs, or for loss of goodwill. Our total aggregate liability arising out of or in connection with the service in any twelve month period is limited to the total subscription fees you actually paid to us during that period. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

11. Indemnity

You agree to indemnify and hold harmless MLJ, SASU, its director and its personnel against any third party claim, damage, loss or reasonable expense arising from your use of the service in breach of these terms, from content you upload, from your treatment of your own customers and passengers, or from your failure to comply with a law, licence or permit that applies to your charter operation.

12. Changes to these terms

We may update these terms to reflect a change in the service, in our pricing or in the law. Material changes are notified by email to the address on the account and published here at least thirty days before they take effect. If you do not accept a change, you may cancel before it takes effect and the previous terms apply until the end of your paid period. A price change never applies to a month you have already paid for.

13. Governing law and jurisdiction

These terms are governed by French law. Any dispute that cannot be settled amicably falls under the exclusive jurisdiction of the competent courts of Paris, France. If any provision is held to be invalid or unenforceable, the remainder of the terms continues in force. Our failure to enforce a provision on one occasion is not a waiver of our right to enforce it later.

14. Contact

Questions about these terms, about an invoice or about an account should go to Jimenez Julien, publication director, at jimenezjulien42@gmail.com. Postal and registration details for the publisher are listed on the legal notice page, and you can read about who maintains the product on the author page.