TERMS AND CONDITIONS
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR MAKING AN ONLINE RESERVATION. YOUR USE OF THE WEBSITE AND ONLINE RESERVATIONS SYSTEM CONFIRMS THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE OR THE ONLINE RESERVATIONS SYSTEM.
DIVEBOOKER.COM RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE UPDATED TERMS ON OUR WEBSITE. SUCH AMENDMENTS WILL IMMEDIATELY BECOME EFFECTIVE UPON POSTING.

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, diving safaris, 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:

1. Scope of Service

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.
(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.

2. Privacy

Divebooker.com is committed to protecting and safeguarding your personal information. 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.

3. Prices

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.

4. Availability


Diving Services displayed on Divebooker.com’s Website containing a ‘Book Now’ button are available for booking subject to immediate confirmation upon completing the booking 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.

5. Payment

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 verification in order to confirm the Reservation. In such case, Divebooker.com will collect the credit card information and transmit it to the Diving Host through a secure channel. In doing so, Divebooker.com will act as an intermediary and will not store the credit card information on its servers.

In the case of booking a diving safari with a Liveaboard at www.divebooker.com/liveaboards, 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 the currency indicated in the booking confirmation.

6. Cancellation

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 cancelled during the no-charge cancellation period as set out in the Diving Host Terms.

7. Special Circumstances

Diving Host reserves the right to cancel or may suggest to provide 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 case, the Diving Host will act in accordance with the applicable policy specified by the Diving Host in the Read Before You Go document. If the Diving Host is permanently unable to deliver the Diving Services as a result of acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, or riots, the Diving Host will use commercially reasonable efforts to inform the Diving Host Customer without delay and will refund to the Diving Host Customer without deduction any amounts collected by the Diving Host in payment for the Diving Services. 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, diving safaris, courses, and equipment rental. 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.

8. Responsibility

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 fee may apply.

9. Communication

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.

10. Promotions

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.

11. Disclaimer

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 Dive Centre 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.

12. Personal Use Only

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.

13. Intellectual Property

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.

14. Legal Structure and Governing Law

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.