1. Key Terms
“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). ScubaDiveMaps™ facilitates this Booking and holds no responsibility for the Dive Product or Accommodation supplied by the Host to the Diver.
“Dive Products” means service or product provided by property or dive operator operator like accommodations, scuba dives, dive cruises, dive courses and equipment rent which can be booked through ScubaDiveMaps™ website.
“Diver” or “Guest” or “You” means a website visitor who requests from a Host 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 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” or “Partner” means a Dive Center, Liveaboard or Property operator.
“Host Content” means all Content that a Hosts (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” means the online reservation system of ScubaDiveMaps™ through which Host (Dive Center/Liveaboard/Property operator) can make its Dive Products available for reservation, and through which Divers can make reservations and payments.
“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“Unpublished” means not Published Online.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. Scope of Terms and Conditions
2.0.1 By using the Website, you agree to comply with and be legally bound by these terms and conditions of these Terms. These Terms and conditions govern your access to and use of the Website. If you do not agree to these Terms, you have no right to continue using the Website.
2.0.2 The Website comprises an online platform through which Hosts (Dive Center/Liveaboard/Property operator) may create Dive Products and Divers (you) may learn about and book Dive Products directly from a Host. You understand and agree that ScubaDiveMaps™ is not a party to any agreement entered into between Hosts and Guests. ScubaDiveMaps™ has no control over the conduct of Hosts and Divers (you) disclaims all and any liability to this regard to the maximum extent permitted by law.
2.0.3 If you choose to make a booking of Dive Products via the Website, 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 Host Content, your offline activities with Host or any other matters related to your booking.
By using the Website, or by booking Dive Products, You confirm that you have read and understood the present Terms and Conditions and agree to be bound by them.
2.0.4 You warrant that you are at least 18 years old and possess the legal capacity to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You agree to be financially responsible for use of this website.
3. How the Website works
3.1 The Website can be used to facilitate the Booking of Dive Products. You may view and book Dive Products as a registered or unregistered visitor. You can register and login to your account with certain third-party social networking sites such as Facebook.
3.2 If you register and voluntarily provide personal data as part of such registration, data will be used to prefill the personal details form upon making a booking. If you are registered and logged in to your account, we will give you special discounts for a selection of Dive Products, based on your activities (past searches/posted reviews/purchased bookings).
3.3 Us a registered user you may post comments and reviews. You can cancel your registration with ScubaDiveMaps™ at any time.
3.4 ScubaDiveMaps™ makes available an online platform for Divers (you) and Hosts (Dive Center/Liveaboard/Property operator) to meet online and arrange for Bookings of Dive Products directly with each other. ScubaDiveMaps™ does not control the Host content, and is not responsible for any claims related to the Host Content, for which the Host bears full liability. 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.
3.5 All information’s about the Host (Dive Center/Liveaboard/Property operator) are based on the Host’s own content creation.
3.6 Itinerary information’s provided by the Host serves as sample itinerary only. The Host may choose to take a different itinerary based on weather conditions, specific requests by the group of Divers, force majeure events or for any other reason. ScubaDiveMaps™ is not responsible for content or itinerary changes.
3.7 ScubaDiveMaps™ is not an owner or operator of Dive Center/Liveaboard/Property. ScubaDiveMaps™ obligation is limited to the availability of the Website.
4. Contract, Prices and Payment
4.1 When you make a booking through the ScubaDiveMaps™ website the contract comes into force between the Diver (you) and the Host (Dive Center/Liveaboard/Property operator) of your choice. You pay the confirmed price directly to the Host (Dive Center/Liveaboard/Property operator). Any claims and obligations out of the contract only exist between you and the Host (Dive Center/Liveaboard/Property operator) chosen by you. ScubaDiveMaps™ is not, in any way, part of the contract between you and the Host.
4.2 Prices and rates for Dive Products are created by the Host (Dive Center/Liveaboard/Property operator). ScubaDiveMaps™ is not responsible for any errors on prices referring to a Dive Products. Prices should include all taxes. Please note, that a visitor’s tax might apply in certain locations. In some countries, a local tax and/or a service charge is levied on the Dive Products rate.
4.3 The price of the Dive Product will be as quoted on the website, except in cases of obvious error. ScubaDiveMaps™ is under no obligation to provide a Dive Product to you at an incorrect (obvious error) price, even after you have been sent booking confirmation. Prices are subject to change at any time, but changes will not affect bookings already confirmed.
4.4 Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Hosts will usually charge you at the time of your stay with the local currency.
4.5 With certain Hosts (Liveaboard) a percentage (mostly between 25% and 35%) has to be paid to confirm/keep the reservation. Typically the remaining part will be paid (mostly 90 to 60 days) before depart date. The Host reserves the right to cancel your booking if full payment is not received in a timely fashion.
4.6 The Host will often verify the validity of the payment card and the availability of funds on the payment card.
4.7 In case of Liveaboard booking, the Host has the right to change the cabin allocation depending on availability. If the boat is not in good shape to go out to the open sea, the Host has the right to replace the boat as long as the boat has similar standards and features. If the replaced boat lacks important facilities and features compensation can be made, but this is not an obligation and should be settled between You and the Host. ScubaDiveMaps™ will not be liable for disputes arising out of boat changes.
5. Best Price guarantee
We have an agreement with Hosts to get the best price available, so you will get the lowest price possible at the time of booking, guaranteed. If you find another website and/or agent providing lower rates (Dive Product with the same check-in and check-out dates, same cabins/rooms, same extras and the same booking conditions), contact us directly and we will match or even beat the price. You will need to contact us 7 days before check-in or departure date.
6.1 If you want to make a booking after your search, you will have to fill in personal details about You and your credit card details. The credit card details are required to guarantee your booking. By clicking the button “Complete booking” you make a binding offer to book the selected Dive Products. All payment and charges will be made directly to the Host (Dive Center/Liveaboard/Property operator).
6.2 Booking offers will be forwarded to the corresponding Host (Dive Center/Liveaboard/Property operator). They will receive your request, which will include the booked Dive Product details (dive product name, room/cabin booked, rate, dates, number of divers/non divers/children and other specific requests made by you). The Host will confirm or reject the Booking request within the next 24 hours, based on availability. Please, do not book your flights or any other bookings, until your request is confirmed.
6.3 If Host confirm your booking request within 24 hours, Host get access to your name, e-mail and phone number if provided. If you do not get confirmation from Host within 24 hours, your Booking request will automatically expire.
6.4 Dive Center and Hotels/Resorts payment policy: usually you pay to the Host by yourself at the time of your stay. Prepayment are rarely asked.
6.5 Live aboard payment policy: the Liveaboard operators will usually (according to their payment policy) charge your credit card with a percentage of booking value (mostly between 25% and 35%), the rest will be charged (mostly 60 to 90 days) before departure date.
6.6 By making a booking through the Website a direct contract and therefore legal relationship is created solely between You and the Host. The Host is bound to accept You as contractual party, and to handle the online booking in compliance with the Dive Product information and rate contained on the Website at the time the reservation was made and confirmed. Other than the published rate as set out in the confirmed booking shall not be charged to You (eg. administration fee, credit card charge …).
6.7 Complaints or claims in respect of the Dive Product offered by a Host or specific requests made by You are to be dealt with by the Host, without the mediation by or interference of ScubaDiveMaps™. ScubaDiveMaps™ does not bear any liability in respect of such complaints and claims.
6.8 The use of the ScubaDiveMaps™ reservation system is free of charge for You.
7. Cancellation Policy
7.1 You do not have an automatic right to cancellation unless such rights are provided by the Host under their specific cancellation and no-show policy which are provided to you during the reservation procedure and in the confirmation email. Cancellation and prepayment policies may vary according to the Dive Product you booked. Free cancellations can be made before the time and date shown on cancellation policy of the booked Dive Product, which are provided to you during the reservation procedure.
7.2 Please note that bookings which require prepayment (liveaboard dive cruises) may be cancelled if the relevant amount(s) cannot be collected on the relevant payment date in accordance with the payment policy of the booked Dive Product. Late payment, wrong or invalid debit or credit card details or insufficient funds are for your own risk and you will not get any refund.
7.3 If you do not show for the first night of your reservation, but plan to check-in for subsequent nights, you must inform the Host no later than the original date of check-in to prevent cancellation of the whole booking.
7.4 If in case of Liveaboard booking, you fail to reach the boat by the scheduled time of departure, you will be responsible for all costs involved in catching up with the boat or staying at onshore accommodation. We advise you to travel at least a day early and have an extra day on land at a Host recommended hotels.
8. User reviews
8.1 Confirmed reviews; You will be asked by ScubaDiveMaps™ to write reviews according to the booked Dive Products. However if you are registered and logged in you have the right to write unconfirmed reviews and comments.
8.2 You agree that ScubaDiveMaps™ reserves the right to post these comments. ScubaDiveMaps™ reserves the right to refuse, edit or remove reviews in case of obscenities or the mention of an individual’s name.
8.3 You agree that ScubaDiveMaps™ exclusively retains ownership of all rights to Your reviews.
9. Links to third-party sites
ScubaDiveMaps™ Website may contain hyperlinks to external accommodation booking engines or websites. ScubaDiveMaps™ does not control such websites and is not responsible for their contents or your use of them.
The ScubaDiveMaps™ website may have inaccuracies, spelling mistakes or typographical errors. ScubaDiveMaps™ and their affiliates do not guarantee the accuracy of and disclaim liability for the information, descriptions and photographs supplied by a Host. Ratings displayed on ScubaDiveMaps™ website are accumulation of confirmed and not confirmed reviews and should be used us a general guideline only.
12. Intellectual property
The Website is owned and operated by ScubaDiveMaps™. The content and information on this Website, as well as the infrastructure used to provide such content and software code is proprietary of ScubaDiveMaps™ or its suppliers and providers. However, the contents of this website may be downloaded, printed or copied for your personal and non-commercial use.
13. Governing law and place of jurisdiction
All legal relation between You and ScubaDiveMaps™ shall exclusively be governed by the laws of the State of Delaware-USA. If you act as a Diver and have entered into a contract while residing in another country, the application of mandatory law of such country shall not be affected by the previous sentence.
14.1 You are responsible for ensuring that you bring with You a valid passport with sufficient time left until expiry, a valid visa if required and/or a valid Yellow Fever vaccination certificate where necessary (you should inquire about immunization and prevention of tropical ailments with a doctor and follow their advice), as well as any other document that might be required to reach your destination.
14.2 We recommend that you obtain travel insurance cover against the usual risks associated with travel, from the time of booking your holiday until the time you return home. We recommend DAN and AquaMed diving insurance.
14.3 You should be fully qualified Open Water diver, and hold either PADI, BSAC, NAUI or other recognized certifying agency qualifications. You should have no health problems or other physical limitations which would limit or discontinue your diving.
14.1.4 ScubaDiveMaps™ reserves the right, to modify the Website or to modify these Terms at any time and without prior notice.
15. About SubaDiveMaps™
SubaDiveMaps™ company data:
ScubaDive Maps Inc.
8 The Green, Suite #6404
Dover, DE 19901
Registration Number: 7046167
Registration date: September 6th 2018