TERMS AND CONDITIONS AMBA LIVEABOARD MALDIVES, TRIP BOOKING STORE PRIV.LTD

1.    Definitions

Amba Liveaboard Maldives, operated by Trip Booking Store private. ltd ., shall be construed to comprise “the Company“, as well as all affiliates, officers, agents, employees, directors and representatives.

2.    General
2.1.    All guests must show proof of diving certification from either PADI, SSI, CMAS, or equivalent certifying organisations.


2.2.    The Company is not permitted to dispense any medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified Medical Practitioner before engaging in scuba diving or similar activities.


2.3.    Upon signing up for any diving course, irrespective of previous experience or training, the Company requires each student to complete a Medical Questionnaire. If guests are planning to attend a course the company asks the guests to provide a medical certificate at the check in


2.4.    The maximum depth permitted on all Company vessels, and for any beach (recreational) dives is 30 metres, 99 feet for Open Water Divers with the Deep Adventure Dive certification, Advanced Divers, Rescue Divers, Divemasters and Instructors. Open Water Divers without any additional Deep training shall not be permitted to dive any deeper than 18 metres, 59 feet. To participate in any diving activities the guests must be certified to 30 meters and nitro certified


2.5.    Technical diving limits are governed by the maximum depth permitted by the gas mix being used, and in accordance with the standards and practices of the relevant Technical Diving Association governing the course or dive in question.However according to the Maldivian law, the maximum allowed depth is 30 meters, 99 feet in any case.The maximum diving time is 60 minutes including all safety stops.


2.6.    The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:

 

2.6.1.    the remoteness or inaccessability 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.     Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster); and
2.6.4.    other ensuing technical difficulties.

No refund shall be issued for any modification or cancellation resultant from such events.

2.7.    Customers or students who fail to participate in any snorkelling, fun dives on a trip, or any course component training dives, shall not be reimbursed by the Company for any unused or in completed portion(s) of the trip or course.

2.8.    Any course material or online enrolment registration fee´s provided to the student shall not be refundable

3.    Insurance
3.1.    Customers are strongly advised to secure, in advance of their trip, appropriate travel insurance, with a reputable insurance provider, applicable to all the activities they will be undertaking. Such insurance should provide comprehensive coverage of at least the following;, Medical, Travel, Personal Liability and Cancellation provisions. The Company shall not be held responsible for any resultant financial or personal loss or injury where customers choose not to secure such insurance.

3.2.    The Company shall not accept any liability for the loss or damage of any luggage or dive equipment whilst on board the boat, nor during the transfer(s) to or from the boat.

3.3.    It is mandatory that guests who undertake diving activities must have a valid scuba diving and evacuation insurance.

4.    Price and Payment
4.1.    The number of dives in any package is an estimate based on usual diving circumstances, and not a guarantee. Where circumstances arise, such as, but not limited to; adverse weather conditions, pandemic situations, personal illness, technical difficulties, dive site remoteness/inaccessability or personal choice, and cause a reduction in this estimated number,  there will be no partial refund in such circumstances.

5.    Customer’s Obligations
5.1.    Where the customer is negligent or irresponsible, and causes any damage to, or loss of property and equipment belonging to the Company, the customer shall recompense the Company in full, to the current market value of any loss or damage.
5.2.    The customer undertakes to be physically, emotionally and mentally prepared and fit to participate in the activities they have signed up for. Any resultant injury or discomfort borne out of any unfitness shall not provide any ground for a complaint or refund.
5.3.    The Company may prohibit an individual’s participation on a dive(s), where they are physically, mentally or emotionally unfit to dive, demonstrate a distinct lack of respect for any applicable rules and regulations, handle or harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.

6.    Force Majeure
6.1.    The Company reserves the right to modify, delay and/or cancel diving arrangements where the remoteness or inaccessability of the diving destination, local custom, Acts of God (including fire, pandemic situations, flood, earthquake, storm, hurricane or other natural disaster), war, political unrest and other hostilities (regardless of whether war is declared), or other technical difficulties cause the arrangements to become unsafe, perillous and/or impracticable.

6.2.    Where adverse weather conditions prevail, making it dangerous or inadvisable for customers or the boat to land on and enter port, the Captain and/or the cruise director shall reserve the right to delay or postpone sailing until more favourable conditions prevail. This may involve an adjustment to the itinerary, which may result in a cancellation of landing in a certain port, and/or the re-sequencing of island visits.

7.    Cancellation
7.1.    The Company reserves the right to postpone a trip where itself cancels a trip or course, other than for reasons set out above; the Company shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those stated above.

7.2.    Where a cancellation has been made, the Company reserves the right to offer the affected individual(s) another date or time for the dive(s) and/or course(s).

7.3.    If a customer requires emergency evacuation and the boat must return to land, the Company shall not accept any financial responsibility for any ensuing itinerary changes.

7.8.    Where a cancellation was made by a customer, whose booking was taken and processed by one of the Company’s Agents, the customer must contact that Agent for any kind of agreement. The Company will not be able to process any cancellation by, nor prepare any solutions for the customer in this instance.

8.    Severability
8.1.    Failure by either party to enforce one or more of the provisions in this agreement, because of the illegality, invalidity or unenforceability of that provision(s), shall not affect the validity or enforceability of any other provision in the agreement.

9.    Assignment
9.1.    The customer shall not assign any of its responsibilities or obligations, nor delegate any of its duties under this agreement without express written permission by the Company.

10.    Waiver
10.1.    The failure by either party to perform one or more of its obligations within in this agreement shall not be taken as a waiver of its contractual performance of any other obligation(s) in the agreement.

11.    Entire Agreement
11.1.    This agreement contains all the rights and obligations of both parties relating to the subject matter herein.  No other arrangements, agreements or undertakings shall be granted or implied from this agreement.

12.    No Third Parties
12.1.    Nothing in this agreement shall expressly or impliedly confer rights on any third party.

13.    Governing Law
13.1.    This contract shall be governed by, construed, and enforced in accordance with the laws of the Maldivian Country. Where any question or issue should arise under the agreement or any of its provisions, it shall be decided only in the courts or tribunals of the Country of Maldives, to the exclusion of any other courts or tribunals.