BACKGROUND:

A. Divebooker.com Web Portal Inc. (“Divebooker.com”) has developed a website (the “Website”) and an online reservations system (the “Online Reservations System”) which enable individuals to browse, compare and reserve (the “Reservation”) diving services directly with a dive centre or a liveaboard (the “Diving Host”), including dives or diving packages, guided tours, liveaboard trips, courses, and equipment rental (the “Diving Services”).

B. By browsing, accessing and using the Website and by using the Online Reservations System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.

The Parties agree as follows:

Divebooker.com acts solely as an intermediary between you and the Diving Host and through the Online Reservation System enables you to make a Reservation directly with the Diving Host, and:
(a) Reservation created through the Online Reservations System will constitute a direct contract between you and the Diving Host in accordance with the terms and conditions set out in the Reservation, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the “Diving Host Terms”). You are solely responsible for reading and understanding the Diving Host Terms prior to making a Reservation. In parties of two or more people, the person who actually makes the Reservation is the person who constitutes the contract with the Diving Host and that person accepts responsibility for making all payments for all members of the party and following Diving Host’s terms and conditions. Conversely, this person will receive all documents and other information and will be responsible for ensuring that all other members of the party are kept fully informed.
(b) Divebooker.com does not charge you for the use of Website or Online Reservation System.
(c) Information displayed on the Website is based on information provided to Divebooker.com by the Diving Host (the “Diving Host Information”). The Diving Host represents that Diving Host Information is accurate, up to date, and not in any way misleading. Divebooker.com does not guarantee that the information is reliable, accurate, complete, or free from errors.
(d) Divebooker.com does not endorse any of the Diving Hosts and we make no representations with respect to the affordability, quality, safety, or suitability of the Diving Hosts, or their ability to deliver the Diving Services.
(e) The order in which information is displayed on the Website does not constitute an endorsement of any Diving Host. Divebooker.com will use an automatic ranking process, which will be based on objective and fair criteria.
(f) Divebooker.com will ask customers to comment on all aspects of the Diving Services, and may post such reviews on the Website.

Divebooker.com is committed to protecting and safeguarding your personal information. Please read our Privacy Policy to find out how we handle your personal information minimized and limited to the purposes that you use our services for. Divebooker.com will only collect, use, and disclose personal information in accordance with the Privacy Policy. By using the Website and Online Reservation System you confirm that you have read the terms of Divebooker.com’s Privacy Policy, and you agree and confirm that the terms of the Privacy Policy are reasonable.

All customers have the right to access, edit or delete their personal information along with the right to object to some processing of information. If you like to get, limit processing or delete your personal information you can do that by contacting us at [email protected] and we will respond within 24-48 hours. Please note that some personal information can’t be deleted immediately if any of your confirmed Reservations is still in progress.

For all our customers who are residents of the European Union we are the controller of personal information for the purposes of GDPR law.

Diving Hosts ensure that Diving Services displayed on Divebooker.com’s Website are offered at the lowest price available through any booking or reservation method with respect to the applicable dates, booking terms and inclusions in the Diving Services at the time of booking. Unless otherwise indicated in the Diving Host Terms, all rates and prices listed through the Online Reservations System include the entire cost for all services and charges related to the Diving Services, including but not limited to all surcharges, taxes and levies.

Surcharges, taxes and levies, if applicable, are indicated in the Online Reservations System during the Reservation process. They may be subject to change after the Reservation has been confirmed based on changes in local conditions and Diving Host decisions. Such change may require additional payment to be made and it does not give you the right to cancel a Reservation or claim compensation.

Diving Services displayed on Divebooker.com’s Website are subject to confirmation upon completing the Reservation through the Online Reservations System, and:
(a) For Diving Services quantified in days, Diving Host agrees to provide such services in strict accordance with the dates specified in the booking.
(b) For Diving Services expressed in units other than days, the Diving Host reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Diving Host has limited availability during the date range specified in the booking, the Diving Host agrees to notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.

In the case of booking daily diving with a Dive Centre, all fees, costs, charges, and taxes with respect to Diving Services are payable directly to the Diving Host in the currency indicated in the booking confirmation. The exchange rate on Divebooker.com Website is for informative purposes only; the applicable exchange rate is determined on the date of payment and may be different from the exchange rate at the time of booking. In accordance with the Diving Host Terms, Diving Host may charge deposit fee or request credit card details in order to confirm the Reservation. In such case, Diving Host will send guidelines and collect the credit card information directly. Divebooker.com will not collect or store the credit card information on its servers.

In the case of booking a liveaboard trip with a Liveaboard, all the fees, costs, charges, and taxes paid in advance according to the booking confirmation with respect to Diving Services are collected by Divebooker.com on behalf of the Liveaboard in selected currencies. Divebooker.com cannot be held responsible for any additional fee your bank or credit card provider might charge you.

The exchange rate on Divebooker.com Website is for informative purposes only; the applicable exchange rate is determined on the date of payment and may be different from the exchange rate at the time of booking.

Different cancellation policies may apply to each Reservation. By placing a Reservation, you agree with the specific booking conditions provided by the Diving Host. The Diving Host will clearly set out their cancellation policy in the Diving Host Terms.

The Diving Host will not charge a cancellation fee provided that the reservation is canceled during the no-charge cancellation period as set out in the Diving Host Terms.

No-shows for liveaboard trips are subject to cancellation fees and no refund applies.

In case of Reservation amendment or cancellation with a full or partial refund Divebooker.com reserves a right to apply a 5% administration fee to cover credit card & bank transfer processing fees incurred, in addition to the cancellation policy stated by Diving Host as described above. This fee is calculated on the amount of the refund.

Diving Host reserves the right to cancel or may suggest providing Diving Services at an alternative date in the event that weather conditions make it unsafe to provide Diving Services at a date specified in the booking confirmation. In such a case, the Diving Host will act in accordance with the applicable policy specified by the Diving Host.

The Liveaboard has the right to replace the vessel and operate the same itinerary as long as the vessel offers similar standards as the liveaboard that was initially booked. Divebooker.com will not be liable for disputes arising out of the appointment of a different vessel.

In case of Refund the scope of costs to be paid or reimbursed to the Diving Host Customer by the Diving Host is limited to costs directly related to providing Diving Services in accordance with the booking made through the Online Reservation System, including dives, diving packages, guided tours, liveaboard trips, courses, and equipment rental. The Diving Host is not to be held responsible for costs such as airfare, or any other costs that are not directly related to providing Diving Services.

Refund does not apply to circumstances beyond the Diving Host’s control. Diving Host may cancel your Reservation in the following circumstances: acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, or riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures or similar events beyond Diving Host’s control.

By booking Diving Services through the Online Reservation System, you agree that you reviewed the standards and requirements of the Diving Host, including but not limited to minimum diving certification requirements, diving insurance requirements, personal information that the Diving Host requires you to provide, and forms that the Diving Host requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with the requirements and we encourage you to enquire the Diving Host about requirements prior to making a reservation. Failure to comply with the requirements may result in your inability to use the Diving Services, and late cancellation fees may apply.

It is your responsibility to ensure that you have adequate insurance cover for your arrangements and activities and we can accept no responsibility if you fail to take out appropriate insurance in relation to these holiday arrangements. You must provide us with details of your insurance cover (insurer and policy number). Diving insurance is mandatory on all liveaboard vessels and we strongly recommend trip insurance to protect your trip investment in case unforeseen circumstances happen.

The Online Reservation System provides a communication channel through which you may contact the Diving Host directly to request additional information, or to confirm reservation details, such as the meeting time and location in the event that the Dive Centre provides transportation services upon your arrival. Divebooker.com is not responsible for verifying the accuracy of information provided by the Diving Host. To answer questions and to facilitate the communication with the Diving Host, Divebooker.com is responsible for administering a customer support team, which may be contacted through an online chat or at support@divebooker.com.

Divebooker.com may issue promotion codes applicable to eligible Diving Services as set out in the applicable terms. Promotion codes may be redeemed by entering them in the appropriate field during the booking procedure. In the event that a promotion code does not apply to one or more products selected during the booking process, a warning message will be displayed outlining the applicable term that limits the use of the promotion code. Divebooker.com reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to services reserved through Divebooker.com. The discount may be provided directly by Diving Host or you will be compensated by Divebooker.com for the amount of discount if Diving Host charges the full price at the time of payment for Diving Services.

Divebooker.com makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Website, the Online Reservations System, the Diving Host Information, the Diving Host Terms, the Diving Services, or otherwise. In no event will Divebooker.com or its affiliated companies, directors, employees, agents, or contractors (the "Representatives") be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to:
(a) viruses or harmful components in software on the Website, interruption, delay or inability to use the Website or the Online Reservations System, and damage to computer equipment or other property;
(b) implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
(c) inaccurate, incomplete, unreliable, or misleading Diving Host Information; or
(d) Any act or omission of the Diving Host or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the Reservation or the Diving Host Services.

You agree that you will not use the Website or the Online Reservations System for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or deep-link any information, content, services, products, images or software on the Website without explicit reference to Divebooker.com. You will not make any speculative, false, or fraudulent reservation using the Online Reservations System or attempt to advertise any services through posting comments or reviews.

Divebooker.com is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Website and the Online Reservations System. By posting reviews or comments, you grant Divebooker.com a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future customers. You agree that Divebooker.com may decide to remove your reviews or comments from the Website at its discretion, such as in the event that it deems your reviews or comments to be offensive.

Divebooker.com Web Portal Inc. is a company duly incorporated pursuant to the laws of British Columbia, Canada. These Terms and Conditions shall be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia.