TERMS AND CONDITIONS
DEFINITIONS: “Company” is defined as Brett Stanley Photography, sole trader in terms of the laws of California, United States of America. “Company Affiliated Parties” is defined as the Company, its directors, members, partners, employees, agents, consultants, suppliers, and contractors. “Guest” is defined as any person or persons placing a booking (whether provisional or confirmed) with the Company and who contracts with the Company for any of the Services together with his/her spouse, dependents and companions. “Services” is defined as the provision of accommodation, transport, transfers, scuba diving and snorkeling activities, tours or any other activities or services provided by the Company and the procurement by the Company of the provision of accommodation, transport, transfers, scuba diving and snorkeling activities, tours or any other activities or services by any Third-Party Contractors.
GENERAL: Price based on double occupancy group rate, unless listed otherwise. Single supplement, extensions, additional services, and all other items not listed in itinerary are not included. All prices subject to change without notice. A US$500.00 deposit per person is required with each Guest reservation. Company reserves the right, without advance notice, to make changes or cancellations, in part or in whole, as circumstances dictate. Any deposit or payment made to Company or any representative of Company shows acceptance and acknowledgement of the terms and conditions as stated herein.
CHANGES TO RESERVATIONS: Any request by Guest to amend or change a booking once it has been confirmed, may be accommodated by Company subject to availability. If Company is able to assist, a reasonable administrative fee may be charged. Any such administrative fees shall be invoiced to the Guest and must be settled as per the standard terms applicable to the booking. If the invoice is not paid within such time, Company may construe such non-payment as an act of cancellation on the part of the Guest and the provisions of the cancellation clause shall apply. All reservations, confirmed bookings, and Company’s services are non-transferable.
CANCELLATIONS TO RESERVATIONS: Refund (less cancellation fee) may be issued if reservation is cancelled four months prior to departure date and if another Guest can fill the vacancy. All authorized refunds will be assessed a $500.00 cancellation fee. No refund or credit will be made for Services not utilized by Guest. No cancellations shall be accepted within 30 days of trip departure.
FORCE MAJEURE: “Force Majeure Event” is defined as any event which is beyond the control of the Company, including, but not limited to a national strike, act of war, armed conflict, insurrection, civil commotion, terrorism or the threat of terrorism; any act of God including but not limited to lightning, earthquake, flooding, fire, cyclone, hurricane, typhoon, tidal wave, storm, volcanic eruption, pandemic and other unusual and extreme adverse weather or environmental conditions; any event which falls within any of these categories that is suffered by Third-Party Contractors of the Company, who are involved in the receipt or provision of the Services; and or any other cause or contingency beyond the control of the Company. The Company shall not be deemed to be in breach of any of its obligations to Guest due to any Force Majeure Event. If the Company is affected by a Force Majeure Event, it may in its sole and absolute discretion, amend or cancel any of the Services or the remainder thereof, or to make any alteration in route, accommodation, transportation or arrangement in the event of the Services or any part thereof being rendered impossible, illegal or inadvisable.
All claims or disputes by either party from or under this Agreement will be submitted to arbitration using the service located at www.judge.me (the “Arbitration Service”) and according to the rules of that Arbitration Service. Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. Parties will be their own costs, save that any fee charged by Arbitration Service to submit the case to Arbitration Service may be recovered from the other party in an arbitration award.
GUEST INSURANCE: Company requires guests to have valid travel insurance and diving Guest to possess a dive accident insurance policy prior to using any of Company’s Services. Information on dive accident insurance can be found at the Divers Alert Network’s website: www.diversalertnetwork.org. Company recommends trip insurance in the event a Guest must cancel the trip. Information on trip insurance can be found at the Divers Alert Network’s website: www.diversalertnetwork.org or the DiveAssure website: www.diveassure.com.
RESPONSIBILITY: Company acts only as agents for the Third-Party Contractors providing transportation, accommodations, diving and other Services. All tickets and vouchers issued constitute the sole contract between the Guest and Company. Company or its representatives shall not at any time be responsible in any way for loss, injury, or damage arising from any Force Majeure Event, act of government, theft, sickness, customs regulations, delay, cancellation error, or any cause beyond its control. Company or its representatives accepts no liability for the consequences of the personal activities of any Guest who is personally responsible for decisions concerning health, safety, fitness for diving and snorkeling, or any other circumstances beyond its control.