Introduction

Thank you for visiting MadKap Limited website. By accessing and using this site you agree to be bound by the following terms and conditions (hereafter ‘terms’). Please read them carefully before proceeding. If it is not your intention to be legally bound by the terms and conditions outlined in this Agreement, do not access or use the site. This agreement applies solely to the services and facilities provided by MadKap Limited. These facilities are intended solely for the non-commercial use of MadKap Limited online customers. MadKap Limited reserves the right, at its discretion, to make changes to these terms at any time without notice or liability, subsequent to which your continued use of the site shall constitute acceptance of such changes. Please review this document periodically for changes. The headings in this agreement are provided solely for convenience and impose no limitations on the terms contained herein.

Disclaimer of Liability

The information contained in this site has been prepared specifically for the purpose of providing information about MadKap Limited and the products and services that it offers. MadKap Limited has made every attempt to ensure that information contained in this site is accurate; however, no warranty is given as to the completeness or accuracy of the same. Users should be aware that the site may contain errors, may be incomplete, or may have become outdated. Consequently, users should verify information if you have not received and email confirmation   obtained via the site. Please feel free to call us (see contact page) The site content is subject to change without notice or liability.

MadKap Limited disclaims all liability for communications malfunctions or system limitations that may be experienced during the use of the site. MadKap Limited does not guarantee, represent or warrant that your use of the MadKap Beach Experience website will be uninterrupted or error-free, and you agree that from time to time MadKap Limited may remove the MadKap Beach Experience product and services  for maintenances purposes which can be for a periods of time. Please note  if site is close down for maintenances, all purchase in the pipeline will be fulfill.

You expressly agree that your use of, or inability to use, the MadKap Beach Experience product and services is at your sole risk.

BY ACCESSING THIS SITE YOU AGREE THAT MADKAP LIMITED, OTHER PROVIDERS AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGE (WHETHER CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR CONNECTED WITH:

(1) THE USE OF THE INFORMATION ON THIS SITE;

(2) REGISTRATION IN OR RECEIVING E-MAIL FROM MADKAP LIMITED IS ONLINE BOOKING, OR SPECIAL PROMOTION SERVICES; OR

(3) THE PERFORMANCE OR NON-PERFORMANCE OF MADKAP LIMITED OR A PROVIDER, EVEN IF MADKAP LIMITED OR A PROVIDER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF DAMAGES.

The above limitations apply to the full extent permitted by law.

Intellectual Property

MadKap Limited and its affiliates have copyright interests in the contents of this site. Persons may copy any portion of the material presented in this site, provided the material is used for private or non-commercial purposes. Any such derivative work must retain the original copyright or other intellectual property notice. Site contents shall not be reproduced, published, distributed or broadcast to any third party by any means without the prior written approval of MadKap Limited except as is expressly authorized in this agreement.

Itinerary changes and Cancellations

Users will not be able to cancel or make modifications to their itinerary online. Such changes can only be made by contacting a local MadKap Limited ticket office or agent. See contact page

Cancellations made 7 days or more are eligible for a full refund, less a 20% processing fee.

Cancellations made within  6-2 days before your reserved date are eligible for a 50% refund.

Cancellations made within 24 hours from your reserved date will receive no refunds of any kind, regardless of whether or not the equipment is rebooked by another party.

NO SHOWS are charged in full for the rental period reserved. Any party that has not arrived by the scheduled time of the rental shall be deemed a NO SHOW.

We reserve the right to cancel your reservation for violations to our policies.

We reserve the right, solely at our discretion, to reschedule and/or cancel your reservation in the event of inclement weather. Reservations cancelled do to weather (or any other VALID and APPROVED reason) during the rental period will be given a voucher for credit toward use of same or similar piece of equipment at later date or time, or in the form of a dollar amount to be used on our alternative equipment, and such vouchers will be determined at the sole discretion of MadKap Limited Staff.

Substitutions:

It is inevitable that reserved equipment will occasionally be unavailable due to unforeseen circumstances at the time of your rental reservation. We reserve the right to offer you substitute equipment of equal or greater value in lieu of the originally reserved equipment at no extra cost to you. If no alternate equipment is available, we really have no choice but to reschedule or cancel your reservation at the sole discretion of MadKap Limited Staff.

Damages:

By booking your rental with MadKap Limited, you authorizing MadKap Limited to put a hold on your credit card on file in the amount of $200.00 per piece of equipment as a damage deposit, in addition to any applicable rental charges, booking fees, other taxes and fees,  or other incidentals, including additional fees for actual damages to equipment. In the event of damage, the default charge of $200 will be applied to the credit card on file immediately, or may be adjusted up or down by MadKap Limited Staff based on their assessment of actual or probable damage and other related costs, including but not limited to the actual or estimated costs of repair for physical damage to the equipment, cost of recovery to equipment/passengers, towing fees, staffing costs to trailer equipment to repair facility, and lost rentals, at that time based on their sole discretion.

MadKap Limited will have the damage further assessed by authorized third party repair facility (within approximately one weeks from the time that the damaged rental is returned) at which time the damage deposit charge may be adjusted accordingly. Final costs associated with damages, including those from the authorized repair facility, may be further adjusted after the repairs have been completed and the final invoice is paid by MadKap Limited. Providing the damage does not exceed the default deposit amount, the adjusted charges should be applied and the remaining deposit charges, if applicable, should drop off of the credit card on file within approximately 3-4 Weeks.

Renter is responsible for any and all losses and damages to MadKap Limited equipment while in their care, including but not limited to full cost of new replacement equipment, from causes including but not limited to trailering, launching, beaching or running aground, collision with other boaters or objects on or below the water, running engine or systems out of fluids or with low fluids causing premature wear to mechanical systems, weather loss, dockage, anchoring, or any other cause whether or not the renter is directly at fault.

Any adjustments will be made by credit back to the card on file.

Renter will get his/her damage deposit back if the equipment is returned unharmed as determined Solely by MadKap Limited staff.

Renter is solely responsible for ensuring the safety and passengers of the vessel during the rental period.

All damages or loss to equipment or injury to person or property must be reported to MadKap Limited.

Refunds:

All refunds will be made by method of payment used for the reservation, or by voucher at the discretion of MadKap Limited.

There is NO early return refund. MadKap Limited reserves the right to rent out the equipment to an alternative renter if returned early, and is NOT obligated to refund or credit the original renter under these circumstances. Late return of rentals will be assessed a prorated amount based on the applicable hourly rental rate for that piece of equipment (based on the standard hourly rental rate and NOT prorated based on the actual rental period), which will be rounded up to the next 15 minute interval (that is: 16 minutes will be charged for 30, 37 for 45, 55 for 60).

Renters are responsible not only for additional rental time but also for additional fees as mentioned above, including but not limited to taxes, fees, booking fees,  incidentals, and lost rental time. If another customer has the equipment booked for a time that immediately follows the reservation in question, and MadKap Limited loses that rental, and the equipment has been returned 15 or more minutes late, Renter will be responsible for lost rental time as well, regardless of the duration of the other rental. If the equipment has been returned a half hour late and MadKap Limited loses an 5-hour rental as a result, Renter will be responsible for the entire term of that rental including applicable fees and expenses relating to that rental which are referenced herein.

Site monitoring and privacy

MadKap Limited is under no obligation to monitor the information provided by or transmitted to this site or to act in response to any communications received concerning this site. Users of the site agree that MadKap Limited will periodically monitor the site content in compliance with laws, regulations or governmental requirements, or to protect itself as well as its users. Except as indicated in the siteís privacy policy, all information provided to MadKap Limited, including all communications sent to us by e-mail or otherwise, via this web site shall be deemed non-confidential and MadKap Limited is under no obligation to guard such information against disclosure.

Weather Policy:

MadKap Limited will not depart in unsafe weather conditions. The manager or boat captain will assess the weather and should the staff determine that the conditions are unsafe to run the tour/rental or send out a tour/rental may be postponed or it will be canceled. Every effort will be made to reschedule your tour during your stay. If you are unable to reschedule your tour, you will have the option of receiving a voucher for a future trip.

Reservation and Boarding Information:

Guests are required to arrive at the Madkap R&B 30 minutes prior to the scheduled time of activity. All non-motorized and motorized equipment will leave the dock promptly.

© 2015 Madkap  Beach Experience  – . All rights reserved. All photos and website components are not to be reproduced or used for commercial purposes and are Copyright Madkap Beach Experience.