Terms & Conditions – Business partners

1. Key Terms

“Account set-up” means the process of uploading Host content by the Host.

“Best Price Guarantee” means the guarantee issued by ScubaDiveMaps™, stating that ScubaDiveMaps.com offers the best rate for a Dive Product and that no lower rate can be found online for the equivalent Dive Product with the same check-in and check-out dates and the same booking conditions.

“Booking” means the agreement between Diver and Host (Dive Center/Liveaboard/Property operator). ScubaDiveMaps™ facilitates this Booking and hold no responsibility for the Dive Product or Accommodation supplied by the Host to the Diver.

“Diver” or “Guest” means a website visitor who requests a a Dive Product or accommodation from a Host with a booking reservation via the Website.

“Force Majeure Event” means any unforeseeable circumstance that impedes fulfilling the contract, cases of Force Majeure are, by way of example, but not limited to, the following events: war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, prolonged shortage of energy supplies, and acts of state or governmental action.

“Host” and and “You”means a Liveaboard, Dive Center or Property operator, who completes the account registration and account set-up process.

“Host Content” or “Content” means all Content that a Host (Dive Center/Liveaboard/Property operator) posts, uploads and makes available through the Website.

“Published” means Published Online.

“ScubaDiveMaps™” is a registered trademark and is the property of ScubaDive Maps Inc. and includes Website and Services.

“Service” or “Services” means the online reservation system, powered by ScubaDiveMaps™ through which Host (Dive Center/Live-aboard/Property operator) can make its Dive Products and or Accommodation available for reservation, and through which Divers can make reservations and payment.

“Dive Product” means a product provided by property or dive operator like accommodations, dive trips, liveaboard dive cruises, dive courses, equipment rentals which can be booked through ScubaDiveMaps™ system.

“Tax” or “Taxes” mean any sale taxes, value added taxes (VAT), goods and service taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation taxes, fees that a Host may be required to collect by law and remit to governmental agencies, and other similar fees and taxes.

“Unpublished” means not Published Online.

“Website” means the ScubaDiveMaps™ website(s), including all pages, applications and platforms on which the Service is made available.

2. Terms of the partner agreement

2.1 By using the Website, the Host (you) agree to comply with and be legally bound by the present Terms and Conditions – business partners (“Terms“). These Terms govern your access to and use of the Website. If the Host (you) does not agree to these Terms, the Host (you) has no right to continue using the Website.

2.2 The Website comprises an online platform through which Host (you) may create rates for Dive Products and Divers may learn about and book Dive Products directly from Host (you). You understand and agree that ScuBaDiveMaps™ is not a party to any agreement entered into between Host and Diver (guest). ScubaDiveMaps™ has no control over the conduct of Hosts and Divers (guests) disclaims all and any liability to this regard to the maximum extent permitted by law.

2.3 If the Host (you) choose to create Dive Products on ScubaDiveMaps™, you understand and agree that your relationship with ScubaDiveMaps™ is limited, as the latter is an independent third-party contractor, and you act exclusively on your own behalf and for your own benefit. ScubaDiveMaps™ does not control and has no right to control your Dive Products, your offline activities or any other matters related to your Dive Products.

By using the Website, or by posting Host content, the Host (you) confirms that you has read and understood the present Terms and agrees to be bound by them.

3. Modification

3.1 ScubaDiveMaps™ reserves the right, to modify the Website or to modify these Terms, including the amount of the Commission, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and/or provide you notice of the modification by email.

3.2 We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Website will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, you have to cease using the Website. If you do not close your ScubaDiveMaps™ account, you will be deemed to have accepted the changes.

4. How the Website work

4.1 ScubaDiveMaps™ makes available an online platform for Divers (guests) and Hosts to meet online and arrange for Bookings of Dive Products directly with each other.
4.2 If the Host (you) wishes to create Dive Products, it must register and open a Host account.
(you)4.3 ScubaDiveMaps™ does not control the Host content, and is not responsible for any claims and liability related to the Host Content. The Host and the Diver bear full and exclusive liability for any Bookings made or accepted between them, and they also bear all relevant risks; any Bookings made are at the Host and Diver (guest) risk.

4.0.4 ScubaDiveMaps™ is not an owner or operator of Dive Center/Liveaboard/Property. ScubaDiveMaps™ obligation is limited to the availability of the Website.

5. Account Registration

5.1 In order to access certain features of the Website, you must register to create a Host account. The Host account enables you to upload Host content, list Dive Products and accept bookings from Divers (guests). The Host account is verified and approved manually by SubaDiveMaps™ before being published online.

5.2 The Host account should be setup by the Host with Host Content. The Host (you) agrees to provide accurate, current and complete content during the account setup process and to update such content to keep it accurate, current and complete.

5.3 If the Host (you), as a dive or property operator own several different Dive Centers/Liveaboards (Vessels)/Properties, you can have only one account.

5.4 ScubaDiveMaps™ reserves the right to suspend or terminate your Account and your access to the Website if any information provided during the Account setup process or the Host Content posting or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

5.5 You are responsible for safeguarding your password.

6. Account Setup / Host Content

6.0.1 When you get a Host account you should setup your account with Host content.

6.0.2 Account setup consist of subsections like; Dive Centers, Liveaboard, Dive Courses, Hotels/Resorts, Cabins/Rooms and Dive Sites. Subsections are generated based on facilities you operate. Each subsections should be filled up with Host Content. There is a minimum amount of information necessary for each subsection. If that minimum information is not entered, ScubaDiveMaps™ system will not allow activating the relevant section. Only subsections activated by you will be shown on the Website and made available for Divers (guests).

6.0.3 Host Content should not contain any telephone numbers, email, social media website links or any other links. ScubaDiveMaps™ reserves the right to edit or exclude such content.

6.4 Each subsection has its own forms to post Host content.

6.1 Dive center

If you operate several dive centers on different locations you can manage all of them under a single account (this option is recommended). Or you can open a separate account for each dive center (not recommended).

6.2 Dive Sites/Dive Map

If the Host (you) add 3 Dive Sites ore more to its Host account, a dive map will be generated.

6.3 Cabins/Rooms

Cabins/Rooms subsection is available for liveaboard or property operators only.

6.4 Dive packages, Stay and Dive Packages and Rates

6.4.1 Stay and Dive Packages are generated automatically based on associated property long-stay or group discounts and associated dive center discount policy. The Host (you) should make associations within your account.

6.4.3 High/Low/Middle season prices will be generated based on your settings.

6.4.4 All rates shall be inclusive of all Taxes.

6.4.5 The Host shall give SubaDiveMaps™ Rates and Conditions that are the same or better for the same dive product, same dates, same policies such as reservation changes and cancellation policy.

6.4.6 ScubaDiveMaps™ shall be entitled to give a discount on dive products and accommodations prices at its own expense to its closed user group members.

6.5 Ranking

6.5.1 The Host (you) agrees that the placement/ranking of Dive Center/Liveaboard/Property and the placement/ranking of Dive Sites and Dive Products is determined by ScubaDiveMaps™ and it is automated. Ranking depends on a variety of factors, including but not limited to the commission percentage to be paid by the Host (you can change commission percentage in host account), number of bookings made, number of visits and outside links to your content, number of Divers (guests) reviews and their scores and the quality of Host Content (descriptions, images quality, tagged images, information on marine life …).

6.5.2 Host (you) has the possibility to influence its own ranking by changing the commission percentage for certain periods and improving Host Content. The automated Ranking system uses on-time payment as a factor, so failure to pay Commissions on-time will result in a reduced Ranking.

6.6 Diver reviews

6.6.1 For confirmed reviews; divers will be asked by ScubaDiveMaps™ to write reviews according to the Dive Product they have booked.

6.6.2 For standard reviews; logged visitors have access to write reviews/comments.

6.6.3 The Host (you) agree that ScubaDiveMaps™ reserves the right to post the mentioned reviews and comments. ScubaDiveMaps™ is not a publisher of these reviews without any obligation to verify them. However ScubaDiveMaps™ reserves the right to refuse, edit or remove reviews in case of obscenities or the mention of an individual’s name. ScubaDiveMaps™ will not enter into any discussion, negotiation or correspondence with the Host in respect of the Diver reviews. ScubaDiveMaps™ shall not have and disclaims any liability and responsibility for the content and consequences of published reviews.

6.6.4 ScubaDiveMaps™ exclusively retains ownership of all rights to the Diver reviews.

6.7 Marketing and advertising

6.7.1 ScubaDivesMaps™ is entitled to promote/advertise the Host and Dive Products using the Host’s name(s), Host images or Host Content in any form in online/offline/print marketing, email marketing and for promotion within the Website (included but not limited to home page/region pages/marine life pages). ScubaDiveMaps™ runs marketing/advertising campaigns at its own expense.

6.8 Miscellaneous

6.8.1 Divers (guests) will be able to book your Dive Products via the Website, based upon the information provided in the Host Content. The Host (you) understand and agree that once a Diver (guest) requests a Booking of your Dive Products, you may not request the Diver (guest) to pay a higher price than in the Booking request.

6.8.2 The Host (you) acknowledges and agree that it is responsible for the Host Content it posts. The host (you) agree that ScubaDiveMaps™ does not act as an insurer or as your contracting agent. Any agreement you enter into with a Diver (guest) is between the Host (you) and the Diver (guest) and ScubaDiveMaps™ is not a party to it.

7. Bookings

7.1. Booking request and confirmation

7.1.1 If Booking is requested for your Dive Products via the Website, you will receive a request via e-mail with a link to the Host Account, which include booked Dive Product’s details (dive product name like accommodation/liveaboard dive cruise/dive voucher/dive package/dive course, rate, dates, number of divers/non divers/children and other specific requests made by the Diver). You will be required to either confirm or reject the Booking request within the next 24 hours, otherwise the Booking request will automatically expire. Countdown starts from the date/time when the Diver’s (guest) booking confirmation e-mail has been sent to You and not from date/time when you open and read the mail.

If booking request is confirmed by the Host (you), you will get access to the Divers (guests) data like; name, e-mail, phone and encrypted Divers (guest) credit card details, to secure the payment.

7.1.2 ScubaDiveMaps™ is not responsible for the correctness and completeness of the information (including credit card details) and dates provided by Divers (guest). ScubaDiveMaps™ is not responsible for the payment obligations of the Diver (guest) relating to his booking.

7.1.3 By making a booking through the Website a direct contract and therefore legal binding relationship is created solely between the Host and the Diver (guest). The Host is bound to accept a Diver (guest) as its contractual party, and to handle the online booking in compliance with the Dive Products information and rate contained on the Website at the time the reservation was made.

7.1.4 Other than the published rate as set out in the confirmed booking, the Host shall not charge the Diver (guest) any administration fee or charge for the use of any payment method like credit card charge.

7.1.5 Complaints or claims in respect of the Dive Product offered by the Host or specific requests made by Divers (guests) are to be dealt with by the Host, without mediation by or interference of ScubaDiveMaps™. ScubaDiveMaps™ is not responsible for and disclaims any liability in respect of such claims.

7.1.6 In the event of a valid claim from a Diver (guest) under the Best Price Guarantee, ScubaDiveMaps™ is entitled to promptly notify the Host of such claim and provide the relevant details of the claim. The Host (you) shall immediately adjust rates on the Website, so that the lower rate is available for relevant Diver (guest) and for further bookings. Upon check out of the Diver (guest), the Host shall offer the Dive Product for the lower rate and shall either settle the difference between the booked rate and the lower rate by charging the Diver (guest) for the lower rate, or refund to the Diver (guest) the difference between the two rates.

In the event of a valid claim from a Diver (guest) under the Best Price Guarantee, the Host (you) will be charged with commission, which calculation is based on the booking price and not reduced (adjusted) rate.

7.2. Overbooking and cancellation

7.2.1 The Host (you) shall provide the booked Dive Products. If the Host (you) is not able to provide Dive Products booked for any reason whatsoever, the Host shall promptly inform ScubaDiveMaps™ and the Diver (guest).

In such case the the Host (you) shall try to procure alternative Dive Products of equal or superior quality at its own expense and in the event that this is not possible (no Cabins/Rooms available on arrival), the Host will:
– find a suitable alternative Dive Product of an equal or better standard as the one that has been booked
– provide free private transportation to the alternative dive-center/liveaboard/property for the Diver (guest)
– reimburse and compensate the ScubaDiveMaps™ and the Diver (guest) of all reasonable costs and expenses (such as, but not limited to costs of alternative accommodation, transportation, phone costs) paid or incurred by the Diver (guest) and/or by ScubaDiveMaps™, caused by the overbooking. Any amount charged by ScubaDiveMaps™ to this respect shall be paid within 14 days from the receipt of the relevant invoice.

7.2.2 The Host is not allowed to cancel any, by the Host (you) already confirmed booking.

7.2.3 Cancellations made by the Diver (guest) before the time and date beyond which a cancellation fee applies will not attract commission. Cancellations made by Diver (guest) after the time and date beyond which a cancellation fee applies will attract commission.

7.3. Credit Card guarantee

7.3.1 Guarantee of the booking is based on the credit card details provided by the Diver (guest). The Host (you) shall accept all major credit cards like Master Card, Visa and American Express for guarantee of a booking. The Host is responsible for the verification of the validity of these credit card details, the (pre) authorization of the credit card and the limit of credit. The Host shall upon receipt of a booking verify and pre-authorize the credit card. If the credit card offers no guarantee, the Host will immediately notify ScubaDiveMaps™, which subsequently shall invite the Diver to guarantee the booking in an alternative manner. If the Guest is unable or unwilling to do this, ScubaDiveMaps™ may cancel the booking. If the credit card is not valid for any reason, this shall always be at the risk and for the account of the Host.

7.3.2 Hosts which select option to take payment from the credit card before the date of check-in, must ensure that the up-front payment conditions are clearly explained to Diver (guest) within the Host Account setup and viewed in Dive Product description.

7.3.3 Host is responsible for charging the Diver (guest) for the booked Dive Product, no show fee or charged cancellation. Credit cards shall be charged in the USD/EUR currency. If this is not possible, the Host may charge the credit card of the Diver in a different currency with a reasonable and fair exchange rate.

7.4. Force Majeure Event

In the event of a Force Majeure Event, the Host (you) shall not charge the Diver (guest) any fee or costs.

8. Commission

8.1 Commission rate

8.1.1 For each confirmed booking made by a Diver (guest) for Dive Services, the Host shall pay ScubaDiveMaps™ a Commission set in contract (usually 20%) of the booked value (including all Taxes and surcharges).
If ScubaDiveMaps™ must pay VAT on their invoice – for instance in case of country on country payments – is VAT comprised in the 22% rate, or will the invoice be issued for 22% + VAT.

8.1.2 Host (you) can change commission percentage within his account for a selected time/date period in favor of improved rankings.

8.1.3 ScubaDiveMaps™ will charge the Host (you) the Commission in the event of no-show (unless the Host has notified ScubaDiveMaps™ of the relevant no-show within 2 business days after the scheduled date of check out of the Diver) or charged cancellation. Commission is calculated us a percentage of the booked value including all taxes.

8.1.4 In your Host Account you may view all reservations and the corresponding Commissions.

8.2 Commission payment

8.2.1 Invoices for Commissions are processed on a monthly basis. Invoices include bookings in a calendar month that contain the departure (check-out) date of the Diver (save for free cancellations made through ScubaDiveMaps™).

8.2.2 Invoice shall be paid by the Host within 14 days from the invoice date. Payment shall be made by the Host to ScubaDiveMaps™ bank account. The Host shall bear all and any costs as charged by the banks for the transfer of the funds. Commissions must be paid in full amount without any deductions. Commissions shall be paid in EUR or USD currency.

8.2.3 In the event that payment is carried out through the ScubaDiveMaps™ payment applications (i.e. not through Host POS terminal), or if Host (you) charges guests directly through ScubaDiveMaps™ payment applications, the Host (you) expressly authorizes ScubaDiveMaps™ to withhold the commission that will be paid directly to the ScubaDiveMaps™ bank account, whereas the remaining amount will be paid to the Host bank account. Paid commissions will be deducted from the Host’s (your) monthly invoice. The Host (you) specifically agrees that if credit card costs and/or bank costs and/or Stripe/Brain-tree/PayPal costs will incur, such costs will be bore by the Host (you) and they will be deducted from the amount that will be paid to Host’s (your) bank account. You may disable the option for automatic Commission charges within your Account.

8.2.4 In the event of a dispute between SubaDiveMaps™ and the Host (e.g. on the amount of the Commission), the Host shall not withhold payment of the Commission due to ScubaDiveMaps™ in light of the present Terms. If the dispute arises on the amount of the Commission, the Host shall not withhold payment of any undisputed amount of the Commission.

8.2.5 In the case of late payment, ScubaDiveMaps™ reserves the right to claim statutory interests and temporarily or permanently close the Host’s Account.

9. Termination

Either party may terminate this Agreement notice at any time upon prior written notice of at least 14 days. The Host (you) agrees to complete any pending bookings made through the Website prior to termination, and to pay any amounts due to SubaDiveMaps™ according to the present Terms.

10. About SubaDiveMaps™

SubaDiveMaps™ company data:

ScubaDive Maps Inc.
8 The Green, Suite #6404
Dover, DE 19901
USA

Registration Number: 7046167
Registration date: September 6th 2018
EIN: 38-4092961