Scuba Diver Life Expeditions LLC, is a tour agent specializing in scuba diving and snorkeling tours. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. The terms “we”, “us”, “our”, and “SDLE” refer to Scuba Diver Life Expeditions, LLC. The term “you” “participant” “customer” refers to the customer visiting our website, and/or booking a reservation through us.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements. The lead participant assumes the responsibility of sharing these Terms and Conditions with each trip participant, including payment of all amounts when due. It is the responsibility of each participant to read our Terms and Conditions in its entirety. SDLE is not responsible for any participant’s unawareness of the Terms and Conditions due to the failure of the lead participant to share this information with all other participants/customers. If you do not agree with our terms and conditions you must NOT make a booking with us.
You acknowledge and agree that we may change these terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel or cancellation, whichever applies. You agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
BOOKING
Before a booking will be confirmed, these terms and conditions must be signed and a nonrefundable deposit of $1500 USD must be paid to Scuba Diver Life Expeditions LLC. Payments must be made according to booking terms and conditions. The balance of the tour price must be paid no later than 120 days prior to departure. It is the responsibility of the participant to determine that the final payment reaches SDLE on time. For bookings made within 90 days of departure date, full payment is due at time of reservation. No booking will be considered confirmed until deposit and/or full payment is received by SDLE. If we do not receive any payment due in full and on time, Scuba Diver Life LLC may treat the booking as being canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received. Reservations are non-transferrable.
PRICES AND PAYMENT
SDLE prices are quoted on our website in the currency indicated and are subject to change without notice. Scuba Diver Life Expeditions LLC reserves the right to implement a surcharge or price change without prior notice in the event of changes occurring in currency exchange rates, air fares, surcharges, room rental rates or any other charges applicable to this tour.
For your convenience, we accept all major credit cards including Visa, Mastercard, American Express and Discover. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause whatsoever, including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. There is a processing fee for all credit card payments of 3.9%.
Air Travel is not included in the price of the Tour and cancellation charges for Air Travel will be governed by the terms and conditions of the airline. Tour participants must NOT purchase air travel tickets to or from the destination until notified by SDLE. If participants purchase air travel before confirmation is received and the trip is then canceled either by the guest or by SDLE, SDLE will not be responsible for the expense of the ticket.
BOOKING DOCUMENTS, ACCURACY AND LEGAL NAMES
Guests are required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, accommodations, and organized activities on your booking receipt. Please notify us immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
WHAT’S INCLUDED IN YOUR TOUR?
- Accommodations: Accommodations are on a double occupancy basis, standard twin-bedded room or queen bed rooms, with private facilities will be provided at the property specified in your itinerary or similar. Rooms will be assigned by the respective supplier/s on a run-of-the-house basis.
Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request.
Guests should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
- Experienced Skipper and Guide: The skipper and crew for your tour have years of experience and have been selected by SDLE to provide services for SDLE groups. Our guides are all experts in the field and hand selected, and are all third-party vendors.
- Meals: Some of our tours do not include meal, please check your specific itinerary.Special diets should be requested when you book your tour; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, SDLE and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels and suppliers of your request but we cannot guarantee their availability. With proper notice, SDLE can cater for special requests and diet requirements, within their control.
- Transfers: Some of our adventures do not include airport transfers and so we recommend you arrange a taxi on arrival (this is the most economical and efficient way of getting you to your hotel). If you would prefer a pre-arranged transfer these are usually available at an additional cost – please contact us for more information.
Should we provide transfers, you must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
- Days at Sea: Your trip itinerary details the number of days at sea. This number is weather permitting and may be changed at the sole discretion of SDLE. There are no refunds for sea days missed because of weather conditions.
CHANGES TO ITINERARIES
SDLE reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control or of interest of the tour logistics. In such cases, we will arrange for the substitution of comparable services. As an example, significant changes do not include the following, change of accommodation to another of any standard, any change in the itinerary due to holiday, facility closure or weather, and any minor itinerary change where we make a reasonable substitute. Scuba Diver Life Expeditions will not be responsible for delays prior to the departure of this tour, during this tour or at any time and will not be responsible for any additional cost or loss which may be caused as a result of these delays.
Should bad weather prevent our vessel to go out on an expedition day, no refunds or extra days will be offered. It is understood that these trips are based on nature, and swim/encounters and water visibility cannot be guaranteed.
WHAT’S NOT INCLUDED
Any items and matters not referred to in your itinerary are not included in the tour price. This includes, but is not limited to items such as airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
CANCELLATIONS, CHANGES
Cancellation of a booking must be made in writing via email and is not effective until Scuba Diver Life Expeditions LLC receives notification of such cancellation. If it becomes necessary for you to cancel your trip, the following fees will apply to canceled trips, computed as of the date of receipt of written cancellation notice:
- 120 Days or more 20% + Initial Deposit ($1500 USD)
- Less than 120 Days = 100% Cancellation Fee
Cancellation schedules for certain suppliers are often stricter (please contact us for specific terms & conditions or cancellation policies for any specific supplier). Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including hotels or other suppliers used in the itinerary. We highly recommend that all clients purchase a trip protection plan. No partial refunds are possible for unused portions of a trip. SDLE is not responsible for any expenses incurred by trip members in preparing for a canceled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements.
We have no responsibility for cancellation for airfare. Such cancellation is your responsibility and you are subject to the terms and conditions of the air carrier.
CANCELLATION BY SDL
If for any reason SDLE cancels your trip, excepting in case of a force majeure, an alternative trip of a similar standard will be offered to you. If this is not acceptable to you, then all moneys paid by you to SDLE will not be refunded. Beyond the trip costs paid to us, SDLE is not responsible for any loss or damage that arises out of any cancellation for any reason whatsoever.
FORCE MAJEURE
Scuba Diver Life Expeditions cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
TRAVEL PROTECTION PLAN
The client is responsible for arranging his/her own insurance and for the cost thereof. Trip insurance is mandatory. It is recommended that when this insurance is arranged, it is ensured that there are no exclusion clauses limiting protection for this type of tour. The client must also ensure that this insurance is comprehensive travel insurance that covers but not limited to, cancellation, cancel for any reason, curtailment, medical, emergency travel and personal accidents, and damage or loss to personal belongings. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
SDLE is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. SDLE cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. SDLE cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason.
Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses however arising, for which trip protection plan coverage would otherwise have been available.
INTERNATIONAL TRAVEL AND DOCUMENTATION
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such a destination is safe or without risk. It is the responsibility of the traveler to become informed about the most current travel information, advisories and warnings by referring both to the U. S. State Department’s travel website at www.travel.state.gov/ and by accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. If the traveler still chooses to travel to the locale of a warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of or which relates to the type of events warned against.
It is the client’s responsibility to ensure that they have the necessary and current valid passport, visa and vaccinations and inoculations which may be required. Scuba Diver Life Expeditions, LLC shall not be liable for any loss or damage sustained as a result of the client not researching needed visas for entry into the destination country. Passports must be up to date with an expiry at least 6 months after the trip return date. Many countries also require that your passport have at least two completely blank pages. For up to date visa requirements US citizens should visit www.travel.state.gov.
When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification.
It is essential that you see your physician before booking your trip and before traveling to make sure that you have taken all necessary health precautions. Some vaccinations require more than one visit with a period of weeks between injections. You should visit your physician at least 6 weeks before departure. For up to date medical advice we strongly recommend that you visit the Centers for Disease Control and Prevention (CDC) travelers’ health page: www.cdc.gov/travel or for non-US citizens, your country’s equivalent.
It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Any failure of a participant to have proper visas and/or passport will likely result in the participant not being able to leave the country or enter a destination and no refund will be available in any such case and the Tour Operator will have no liability in such case.
Disinsection: Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page on their website at the time of booking for further information. https://airconsumer.dot.gov/spray.htm.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES
The nature of many of the destinations we travel to and the activities involved means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of creating a tailor-made itinerary for you that takes into consideration your level of mobility.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Full details must be confirmed in writing at the time of booking and whenever any change in the condition or disability occurs. SDLE will make all reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
The tour guides and tour leaders are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with. Participants with disabilities must notify SDLE in writing no later than the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
YOUR CONDUCT/RESPONSIBILITY
Scuba Diver Life Expeditions LLC reserves the right to ask any participants to leave the group should he/she behave in a way that is insensitive to the marine life, the environment, local people, staff, crew or other group members or continually not follow the guides’ directions in the water. Scuba Diver Life Expeditions staff and management also reserve the right to move those guests to other accommodation at the guests’ expense. No refund will be given.
If the Scuba Diver Life Expeditions Tour Leader and/or the guide or skipper, is not satisfied with your fitness, agility and snorkeling ability, they have the right to refuse you entry to the water, as your lack of ability may endanger yours and the lives of others.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. SDLE is not responsible for any costs incurred concerning a guest removed from a vacation/holiday. Guests agree not to hold SDLE or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
The client bears the onus of confirming the time and dates of departure and undertakes to do so. Should a client fail to join the tour or fail to use the accommodation or services booked by Scuba Diver Life Expeditions, LLC for any reason whatsoever, no refund will be paid by Scuba Diver Life Expeditions, LLC and no liability will be accepted by Scuba Diver Life Expeditions LLC for this failure.
NON-RESPONSIBILITY
Scuba Diver Life Expeditions, LLC and its employees, shareholders, representatives, and agents (hereinafter “SDLE”) is a tour operator and uses third-party suppliers to arrange hotel accommodations, s, diving and snorkeling experiences/equipment, water crafts, tours and transportation, whether by air, railroad, motorcoach, steamship, boat or other means. SDLE is an independent contractor and is not an employee, agent or representative of any of these suppliers. SDLE does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. SDLE is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of SDLE. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither SDLE, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of SDLE. Therefore, SDLE, hold themselves free of responsibility for any damage(s) from any cause(s) whatsoever. SDLE will not be responsible for any damage, expense or inconvenience caused by late air, rail or boat arrivals or departures or by any change of schedules or other conditions; nor will they be responsible for the loss of, or damage to baggage or any article belonging to the passenger. The right is also reserved to decline to accept or retain any person traveling under our auspices. The carriers concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their plane, boat, or conveyance. The passenger contract used by the carriers concerned, when issued, shall constitute the sole contract between the carriers and the purchasers of this tour and/or the passengers.
ADDITIONAL RISKS
Additional risks and dangers may arise including, but not limited to, the hazards of scuba diving and snorkeling including risks associated with equipment failure, perils of the sea, as well as acts of fellow divers which could result in you serious injury or death; diving with compressed air involves certain risks and injuries that can occur including decompression sickness, embolism, other hyperbaric/air expansion injury, oxygen toxicity and/or improper mixtures of breathing gas which require treatment in a recompression chamber or other facility which may require a great distance of travel; hazards of travel by boat, train, automobile, aircraft and other means of conveyance, animal interactions, interactions with sea life and plant life; forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with SDLE to participate in such trips and activities you agree you will not make a claim against SDLE, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release SDLE, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
PHOTOGRAPHIC/VIDEOGRAPHIC LIKENESS
SDLE may take photographs or video of its trips and trip participants. I grant SDLE permission to do so and for it to use the same for promotional or commercial use without payment of any compensation to participants.
SEVERABILITY
If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.
JURISDICTION
These terms and conditions form the agreement between Scuba Diver Life Expeditions LLC and the client, wherever made and shall be governed and construed according to the laws of the State of Nevada without respect to conflicts of law principles, and shall be subject to the jurisdiction of the Courts in the state of Nevada.