1.2. You must keep us updated on any changes in your contact details at all times.
2.2 Subject to the provisions of clause 2.3, the price quoted to you on the date you confirm your booking(s) is the final price payable by you.
2.3 Any taxes or charges imposed by Government or other authorities, including the operator of an airport, which we are obliged to collect or pay in respect to you and your Booking(s) must be paid by you to us. These taxes and charges may include Government imposed taxes and charges, airport taxes, increased fuel costs in the form of a fuel surcharge or costs for emissions certificates or marine park and port fees or any other charge, fee, tax, cost or similar that has and/or may be imposed by any party, including but not limited to the Government or relevant authority.
2.3.1. Taxes and charges can change or can be introduced without our influence after your booking(s) has been confirmed by us. If such alterations to taxes and charges are made after the conclusion of the contract (i.e. after receiving confirmation of your booking(s) from us), we can claim a sum from you not exceeding the amount by which the booking(s) will increase as a result of the change.
2.4 We will make all reasonable efforts to ensure that Nitrox is available to you. There are no additional charges for the provision of Nitrox. We do not guarantee the provision of Nitrox and no refunds will be due in the event it is not available to you.
3.2. You must make payment of the remaining balance of your booking, to us, no later than 30 Days before your Travel Date.
3.3. Bookings made within 30 Days prior to your Travel Date must be paid in full at the time of booking, subject to availability.
3.4. We reserve the right to cancel your booking if full payment is not made in accordance with these Terms and Conditions.
3.5. Prices are charged in USD and any refund to be given in accordance with these Terms and Conditions will be paid in USD. Any currency fluctuation that takes place in the meantime is at your risk and will not be reimbursed by us.
4.1. In the event you cancel your booking with us, the following charges will apply.
b) 22 days to 60 days: 30% of your charter cost
c) 60 days or more prior to your Travel Date: An administrative fee of US$250 per person.
4.2. Any amendment made by you to your Travel Date will be deemed to be a cancellation, and will be subject to the charges set out in clause 4.1 above.
4.3. Should you fail to load in time for our scheduled departure for any reason, including medical problems, airline delays or bad weather, you will not receive a refund of your charter costs. The vessel departure will not be delayed due to your late arrival.
4.4. You will not receive any refund or compensation for any unused equipment or in the event you are unable to complete the entire charter.
5.2. A severe storm or named cyclone in the region may delay our departure or require the trip to be cut short or cancelled. If you are travelling in the cyclone season (November to April) you are advised to purchase, well prior to your Travel Date, insurance that covers force majeure events (being events outside the control of the parties, such as natural disasters).
5.3. In the event that the advertised itinerary is altered or the charter is cut short in accordance with clauses 5.1 or 5.2:
b) We do not accept any liability whatsoever for any loss or out of pocket costs suffered by you, howsoever caused (whether direct or indirect), as a result of the cancellation or change to the itinerary; or
c) You may choose one of the following options:
ii. Accept a replacement charter from us of equivalent standard and price that, subject to availability, might be offered by us at our absolute discretion.
5.4.In the event of a mechanical breakdown, you accept that we will only be obliged to refund fees on a pro rata basis, and will not be responsible for alternative accommodation or charters, nor will we be liable for any other direct or indirect loss, expense, inconvenience or disappointment.
5.5.You agree to accept that where we make a major change to your booking prior to your Travel Date, other than in accordance with clauses 5.1 or 5.2, our liability to you, if you are no longer able to complete the charter, will be limited to a full refund of your booking and we will not be liable for any other costs or expenses you have incurred in connection with your booking, including but not limited to additional trips, flights and hotels, or any loss or damage suffered by you as a result of the change.
6.2.If you respond YES to Questions 2, 3, or 4 on the Medical Statement, it is a requirement that you produce a dive medical clearance that was obtained from a doctor within the last 12 months, without which you will be unable to participate in scuba diving. We are not responsible or liable for any delays in medical related issues and any cancellation for medical reasons will be subject to the charges set out in clause 3.1 above.
6.3. Upon arriving at our vessel, and before commencing any dive activities, you will be required to complete our Diver Information Form. You will ensure that all information provided is strictly accurate.
6.4 If you hold a diving medical certificate you should bring this with you.
6.5 If we are unsure as to Your fitness to scuba dive, You may be required to undergo a medical examination locally.
6.6. If during the charter it becomes apparent that you have incorrectly completed the Medical Statement or our Diver Information Form, by omission or false statement, you agree that we have the right to prevent you from undertaking any scuba diving activities while on board our vessel. Any decision made in this regard will be at the absolute discretion of the Dive Instructor/Master aboard the vessel.
6.7 If you are 28 weeks pregnant (or more), on the Departure Date, you must provide us with a medical certificate demonstrating your fitness to travel and partake in scuba diving or other water activities.
6.8 Due to restrictions imposed by airlines, if you are 32 weeks pregnant (or more) you will not be permitted to travel by air.
7.2. We strongly recommend that you also purchase Evacuation and Medical cover for scuba diving. Scuba diving and In-water activities are not covered by all Travel Insurance Policies, and you must read the wording of your Policy carefully. It is important to note that in the event you require medical emergency services, the evacuation, medical, and vessel relocation expenses are your financial responsibility.
7.3. Divers Alert Network (DAN) www.diversalertnetwork.org & Dive Assure www.diveassure.com offer comprehensive insurance packages specifically for scuba divers. In particular, Dive Assure offer a liveaboard Rider (insurance) which includes coverage specific to liveaboard trips such as flight cancellations or delays resulting in missed liveaboard departures, vessel mechanical failures, medical inability to dive, inclement weather (in addition to named storms/cyclones) and other incidents. We recommend that you purchase the options that include coverage for the events outlined in clauses 3 and 4 above. It is our experience that many travelers undertaking scuba diving activities hold both general travel insurance and a specific dive insurance policy.
8.2.We require you to present a valid Certification Card and be equipped with a safety sausage, whistle and alternate air source (included in our Hire Equipment package). Failure to show your Certification Card may result in you not being able to dive on the charter.
8.3. Nitrox is offered as part of your dive charter at no extra cost. You must produce your Nitrox Certification Card if you wish to dive on Nitrox. Fills are supplied at a maximum of 32%. Your regulator must be compatible for use with Nitrox.
8.4.Our charters are subject to the risks and perils of scuba diving in changeable conditions in an open water environment. We reserve the right, for your safety and/ or the safety of our crew or other scuba divers, to prevent your participation in scuba diving if you are deemed physically or medically unfit to do so or in our sole discretion.
8.5.No compensation is offered if you should be unable to complete all offered dives
8.6.We strongly recommend a wait of 24 hours before flying after diving.
8.7.You must not participate in scuba diving or Snorkeling whilst under the influence of alcohol or any drugs. We shall have no liability to you if you participate in diving or snorkeling whilst under the influence of alcohol or any drugs. You agree to accept that we may refuse entry to the water in the event we have reasonable grounds to expect you have consumed alcohol or drugs within a timeframe that could, in any way, affect your ability to scuba dive safely. Any decision made in this regard will be at the absolute discretion of the Dive Master aboard the vessel.
8.8.If any equipment or property belonging to us is damaged or lost we reserve the right to charge you to make good the damage or loss.
8.9.To participate in scuba diving you are required to agree to, and sign, our Discharge of Liability. A copy of the Discharge of Liability is included within the Diver Information Form and is available online on our website.
12.2.It is a fundamental condition of this contract between you and us, that to the extent permitted by law, we (including our directors, employees, agents and independent contractors) are discharged and indemnified by you (including by your executor(s), administrator(s) and dependent(s)) from any liability for any loss, damage, death or injury whatsoever arising out of, or incidental to, this diving trip and other services provided by us, whether or not such damage or personal injury is caused or contributed to by us.
12.3. You acknowledge and agree that:
b) You are aware of the risks of injury associated with your participation in this diving trip and agree to voluntarily assume such risk; and
c) The use of any equipment hired or loaned to you by us is entirely at your own risk.
12.4. Notwithstanding the above, we reserve the right to rely upon any limitation of liability and/or defence available under any applicable law(s) and/or international convention(s) for any claim made by you against us.