DIVING SAFARI/ LIVEABOARD CONDITIONS OF PARTICIPATION ON THE DIVING SHIP SAFARI PARADIVE OPERATED BY TRIP BOOKING STORE PRIVAT.LTD. LOCATED IN MALE IN THE MALDIVES AND THE DIVE GUEST

 

1. Definitions

 

 

The Liveaboard Safari Paradive, operated by Trip Booking Store. ltd. includes "the company" as well as all affiliated companies, executives, agents, employees, directors and agents.

 

 

 

2. General

 

 

2.1. All guests must provide proof of diving certification from PADI, SSI, CMAS or equivalent certification organizations. Certification to a depth of 30 meters and Nitrox is mandatory on board the diving ship. Non-certified guests must take an Advanced Open Water course and / or a Nitrox course before they can participate in diving activities.

 

2.2. The company is not permitted to provide medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified medical practitioner before attempting any diving or similar activity.

 

2.3. When enrolling in a diving course, regardless of previous experience or training, the company requires each student to complete a medical questionnaire. Certified divers must complete a medical questionnaire prior to diving activities, and if YES is checked, they must be able to show a medical certificate confirming that there are no restrictions on scuba diving. A diving medical examination is strongly recommended in any case. This can also be done at short notice in the airport clinic in Male for around 100 euros.

 

2.4. The maximum permissible depth on all the company's ships and for all beach (recreational) dives is 30 meters. The maximum dive time is 60 minutes including all decompression and safety stops. Diving guests are never allowed to dive deeper or in front of the dive guide and undertake to dive in the so-called dive partner system. The dive guide is never responsible for the air consumption or the no-decompression limit of a diver. The responsibility lies solely with the diver and the diving partner. It is explicitly pointed out that every dive guide of the company is responsible to show the underwater world and the underwater tour, but the guide can only do this if the diving guests strictly adhere to the rules.

 

2.5. The company reserves the right to change and / or cancel diving arrangements for the following reasons, without being limited to:

 

2.6.1. the remoteness or inaccessibility of a diving destination.

 

2.6.2. local custom, pandemic, war, political unrest and other hostilities (regardless of whether war is declared).

 

2.6.3. Act of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster); and

 

2.6.4. other resulting technical difficulties

 

2.6.5. Weather conditions in which the captain of the ship or the tour leader prohibits further voyage.

 

No refund or compensation will be given for changes or cancellations resulting from such events. In any case, any requests must be directed to the tour operator with whom the booking was made.

 

2.7. Course material or registration fees for online registration that are made available to the course participant will not be reimbursed under any circumstances

 

 

 

3. Insurance

 

 

3.1. It is compulsory for customers to take out adequate travel insurance with a reputable insurer prior to their trip, covering all activities they will undertake. Such insurance should provide comprehensive coverage of at least the following provisions: Covid 19, quarantine measures, health, travel, liability, and cancellation provisions, diving related injuries, hyperbaric chamber treatments, emergency evacuations. The company will not be responsible for any resulting financial or personal loss or injury if customers choose not to purchase such insurance.

 

3.2. The company is not responsible for any loss or damage to luggage or diving equipment on board the boat or during transfer to or from the boat.

 

 

 

4. Price and payment

 

 

4.1. The number of dives in a package is an estimate based on normal diving circumstances and is not a guarantee. There is no entitlement to a price reduction or repayment for:

 

- pandemic situations

 

- adverse weather conditions
- personal illness
- technical difficulties

 

- Distance / inaccessibility of the dive site

 

 

 

5. Obligations of the customer

 

 

5.1. If the customer acts negligently or irresponsibly and causes damage or loss of property and equipment to the company, the customer must compensate the company in full at the current original price of any loss or damage.

 

5.2. The customer undertakes to be physically, emotionally, and mentally prepared and able to participate in the activities for which they have signed up. Any resulting injury or discomfort due to incapacity cannot constitute grounds for a complaint or a refund.

 

5.3. The Company may prohibit anyone from participating in one or more dives on which they are physically, mentally or emotionally incapable of diving, demonstrate a clear lack of respect for applicable rules and regulations, deal with or harm marine life, consume alcohol between dives, or fail to adhere to general international standards and practices for safe diving.

 

5.4 The customer undertakes to use complete and freshly serviced equipment for each dive. This equipment must contain the following items: buoyancy control device, mask, snorkel, wet suit with positive buoyancy and sufficient temperature protection, fins, regulator set consisting of the first stage, two second stages, pressure gauge or sensor pressure gauge, inflator hose, diving knife or cutting tool, diving lamp or other light signal, surface buoy with spool or at least 10 meters of cord, signal whistle.

 

5.5 The customer undertakes to inform himself about the valid prices on the diving provider website www.amba-malediven.com . Only these prices are valid.

 

 

 

6. Force Majeure

 

 

6.1. The company reserves the right to change, delay and / or cancel diving arrangements if the distance or inaccessibility of the diving destination, local customs, acts of God (including fire, pandemic situations, floods, earthquakes, storms, hurricanes, or other natural disasters) War, political unrest and other hostilities (regardless of whether the war is declared) or other technical difficulties make the agreements unsafe, dangerous and / or impracticable.

 

6.2. If adverse weather conditions prevail that make it dangerous or inadvisable for customers or the boat to enter port, the captain and / or the cruise director reserve the right to delay or postpone the onward journey until conditions are more favorable. This can include an adjustment of the travel route, which can lead to a cancellation of the entry in a certain port and / or a new order of the dive sites.

 

 

 

7. Cancellation

 

 

7.1. The company reserves the right to postpone a trip if a trip or course itself is canceled, except for the reasons stated above. The company assumes no financial responsibility for changes or cancellations of itineraries resulting from circumstances beyond the company's control, such as: B. the above.

 

7.2. If a cancellation has been made, the company reserves the right to offer those concerned a different date or time for the dives and / or courses.

 

7.3. If a customer requires an emergency evacuation and the boat has to return to shore, the company will not be financially responsible for any resulting changes to the itinerary.

 

7.8. If a customer has made a cancellation whose booking has been accepted and processed by an operator, the customer must contact that operator to reach an agreement. In this case, the company cannot process a cancellation by the customer or prepare solutions for the customer.

 

 

 

8. Severability Clause

 

 

8.1. Failure by either party to enforce one or more provisions of this Agreement due to the illegality, invalidity, or unenforceability of such provision (s) shall not affect the validity or enforceability of any other provision in the Agreement.

 

 

 

9. Assignment

 

 

9.1. The customer may not assign any of its responsibilities or obligations or delegate any of its obligations under this agreement without the express written approval of the company.

 

 

 

10. Waiver

 

10.1. Failure by either party to perform one or more of its obligations under this Agreement shall not be deemed a waiver of contractual performance of other obligations in the Agreement.

 

11. Standard Procedures for Safe Diving - Consent Form

 

11.1. This statement informs you about the existing and best practices for safe diving while snorkeling and scuba diving. Your knowledge and acceptance of these procedures should increase your safety and well-being while diving. It is required that you are aware of these safe diving procedures.

 

I understand that, as a diver, I should consider and obey the following:

 

11.2 be and stay mentally and physically fit. Avoid the influence of alcohol or dangerous drugs when diving. Keep practicing my diving skills, improve them through further training and refresh them in controlled conditions if I have not been diving for a long time, keep myself up to date with my course materials and refresh important information.

 

11.3 Be familiar with my dive sites. If this is not the case, get an orientation from a qualified person on site. If the conditions are worse than my experience, postpone the dive or choose another dive site with better conditions. Tailor my diving activities to my level and experience.

 

11.4 Dive only with complete, well-maintained, reliable, and familiar equipment, and check that it is correctly positioned and functioning before each dive. When scuba diving, you have the following: A buoyancy compensator, an inflator to control my buoyancy, a pressure gauge, an alternative air supply and a Nitrox capable dive computer. Refuse to use my equipment for divers who are not certified (ie without a diving license)

 

11.5 Listen carefully to preliminary dive briefings and instructions and follow advice from those responsible for supervising my diving activities. Be aware that additional training is recommended for special diving activities, for diving in unfamiliar areas and if I have not dived for more than 6 months.

 

11.6 Practice the partner system ("buddy system") on every dive. Plan all dives with your buddy - including communication, what to do in the event of separation from your buddy and emergency measures.

 

11.7 Master the dive planning (using a dive computer or dive tables). Carry out all dives as no-stop dives with a safety margin. Have instruments to measure depth and time underwater. Match the maximum depth to my level of training and my experience. Ascent at a maximum of 18 meters / 60 feet per minute. To be a "SAFE" diver ( S lowly A scend F rom E very dive) - that is, to emerge SLOWLY after every dive and, as an additional precaution, make a safety stop at 5 meters / 15 feet for at least 3 minutes.

 

11.8 Pay attention to good buoyancy. Adjust the buoyancy gauge on the surface so that there is neutral buoyancy without air in the buoyancy compensator. Maintain neutral buoyancy control underwater. Create positive buoyancy while swimming and resting on the surface. Easy access to the buoyancy control lead for quick release, creating buoyancy in an emergency underwater. Carry at least one surface signal device with you (signal buoy, whistle, signal mirror).

 

11.9 Breathe properly while diving. When breathing compressed air, never hold your breath or practice sparing breathing, while snorkeling avoid excessive hyperventilating. Avoid overexertion in and under water and dive within my limits.

 

11.9.1 Whenever possible, use a boat, float, etc. use other things for support on the surface.

 

11.9.2 Know and obey local diving laws and regulations, including fishing and diving flag laws.

12. Disclaimer of Liability and Acceptance of Risk

 

I understand that snorkeling and scuba diving are physically strenuous activities and that I will use the most strenuous dives on these dives, and I expressly state that if I am injured from a heart attack, panic, hyperventilation, drowning, or any other cause I will take the risk of the injuries and will not hold the exempted parties responsible for them.

 

I also declare that I am of legal age and legally authorized to sign this disclaimer and risk assumption declaration or that I have received the written consent of my parents or legal guardian. I understand that these terms and conditions are part of the contract and are not simply mentioned, and I declare that I have signed this document of my own free will and hereby waive my statutory rights. I further declare that I agree that if any clause of this Agreement is unenforceable or invalid, the corresponding clause will not apply. The remainder of this agreement will be interpreted as if the non-enforceable clause had not been included in it from the outset.

 

I understand and agree that I will not only give up my right to bring legal action against the indemnified parties, but also any rights my heirs and other legal successors or beneficiaries may have against the indemnified parties as a result of my death. I also declare that I am entitled to do so and that my heirs and other legal successors or beneficiaries will be prevented from making any other claims on the basis of my statements to the exempted parties.

 

I HEREBY RELEASE ALL DIVE GUIDES AND OTHER EMPLOYEES OF TRIP BOOKING STORE PRIVATE LTD. AS WELL AS THE SAFARI PARADIVE BOAT

 

I hereby confirm that I understand that snorkeling and scuba diving carry risks that can result in serious injury or death.

 

I know that diving with compressed air involves certain risks; these include, but are not limited to, decompression sickness, embolism, or other pressure-related injuries that require treatment in a hyperbaric chamber. I also know that dives are planned that can take place at a remote dive site where no pressure chamber is available in the vicinity or cannot be used promptly. I would like to take part in such dives, although a pressure chamber may not be available near the dive site.

 

I hereby waive the diving guides and the diving ship Safari Paradive operated by Trip Booking Store privat ltd., Its subsidiaries or affiliated companies as well as their representatives, employees, executives, agents, contractual partners or authorized agents (hereinafter referred to as "liability exempted parties") Claims of any kind, in the event of damage that may arise as a result of my participation in these dives or due to the negligence of any party, including the parties exempt from liability, regardless of whether this is passive or active. This waiver applies in particular to injuries of all kinds, even if they should lead to my death; as well as for other damages with the proviso that my dependents and my heirs cannot assert any claims against the parties exempt from liability with regard to this waiver.

 

As soon as I participate in diving activities, I hereby assume all foreseeable or unpredictable risks associated with this program that may arise as a result of my participation.

 

 

13. EXCLUSION OF LIABILITY AND DECLARATION OF TAKEOVER FOR DIVING WITH "ENRICHED AIR" (NITROx)

 

I hereby confirm that I was advised and informed in detail about the dangers of snorkeling and scuba diving as well as the special dangers of scuba diving with "Einriched Air" (ie oxygen-enriched air / "Nitrox") when I did my course. I am also aware of the possible dangers of scuba diving with enriched air at this point in time.

 

I understand that enriched air diving involves risks including oxygen poisoning and / or improper breathing gas mixtures. I also understand that the risks inherent in scuba diving can occur including, but not limited to, decompression sickness, air embolism, drowning, or other injuries that may require treatment in a hyperbaric chamber.

 

I waive all claims of any kind against my dive guide, the dive center or dive boat through which my diving activities will take place, as well as their representatives and employees (hereinafter referred to as "liability exempted parties") in damage cases in connection with my participation can enter this "enriched air" dive. The waiver applies to injuries of all kinds, even if these should lead to my death, and it also applies to all other damage, with the proviso that my family, heirs, or legal successors with regard to this waiver to the "parties exempt from liability “Cannot assert any claims.

 

At the same time, I declare that I myself, my family, heirs or legal successors will not raise any legal claims against the dives that have been made or the "parties exempt from liability".

 

I understand that snorkeling and scuba diving are physically demanding activities and that I will exert myself on this course, and I expressly state that if I should be injured due to a heart attack, panic, hyperventilation, etc., I take the risk of such Injuries and I will not hold the named persons and companies responsible for them.

 

I declare that I am of legal age and can therefore legally sign this declaration, or that I have obtained the written consent of my parents or legal guardian.

 

I understand that these terms and conditions are part of the contract and are not merely mentioned, and that I have signed this document of my own free will.

 

14. Entire Agreement

 

14.1. This agreement contains all rights and obligations of both parties with respect to the subject matter contained herein. No other agreements, arrangements, or commitments are made or implied under this agreement.

 

 

 

15. No third parties

 

15.1. Nothing in this Agreement gives any rights, express or implied, to any third party.

 

 

 

16. Governing Law

 

16.1. This contract is governed by, construed, and enforced in accordance with the laws of the Maldives. Should questions or problems arise from the agreement or one of its provisions, this will only be decided before the courts of the country of the Maldives to the exclusion of other courts.

 

 

 

I KNOW THAT THESE DECLARATIONS WILL ISSUE MY DIVING INSTRUCTORS, DIVE GUIDES, THE DIVE CENTER, INTERNATIONAL PADI, INC. AND PADI EUROPE AS WELL AS ITS REPRESENTATIVES AND EMPLOYEES FROM ANY LIABILITY FOR DAMAGE OF ANY KIND , INCLUDING PECULIARITY, WHICH COMES TO ME, MY FAMILY, INHERITORS OR SUBSIDIARIES THROUGH MY AIR.

 

I HAVE FULLY INFORMED ME ABOUT THE CONTENTS OF THIS DISCLAIMER AND RISK ASSUMPTION STATEMENT BY READING EVERYTHING CAREFULLY BEFORE I MAKE THE STATEMENT FOR ME AND BINDING STUDIES.