1. Terms of Service
1.1. Travel To Dive PTY Ltd. (“Travel To Dive”, “traveltodive.com”, “we”, “us” and/or “our”) maintains the website (“Site”) located at traveltodive.com, including any other traveltodive.com branded web sites owned and controlled by us as a service to our users and visitors. Our Site and the services we offer, both through the Site and otherwise are referred to, collectively as the “Travel To Dive Platform.” By using the Travel To Dive Platform, you agree to comply with and be legally bound by the following terms of use (“Terms”). Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from the Site or otherwise continue using the Travel To Dive Platform. Failure to use the Travel To Dive Platform in accordance with the following terms of use may subject you to civil and criminal penalties.
1.2. This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully as they contain important information about limitations of liability and resolution of disputes through arbitration. If you do not agree to the Terms of Use, please do not use or make any bookings through this Website, or our call center agents.
1.3. As a condition of your use of this Website, you warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation.
- You will only use this website to make legitimate reservations for you or for other persons (“associated third-party travellers”).
- You will inform such associated third-party travellers about the Terms of Service that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto, and that their acceptance and use of the booking made on their behalf by you is understood to serve as their affirmative acceptance of the Terms of Use herein:
- All information supplied by you on this website is true, accurate, current, and complete.
2. Backgrounds
2.1 Travel To Dive has developed the Site and an online booking system (the “Online Booking System”), which enable individuals to browse, compare and book (the “Booking”) various services, including but not limited to accommodation, diving safaris, fun dives, diving packages, guided tours, scuba diving courses and equipment rental (the “Services”), with a service provider (the “Service Provider”).
2.2 By browsing, accessing, and using the Site and by using the Online Booking System, you acknowledge and agree that you and any associated third-party travellers have read, understood, and agreed to these terms and conditions.
The Parties agree as follows:
3. Scope of service
3.1 Travel To Dive acts solely as an intermediary between you and the Service Provider and through the Online Booking System enables you to make a Booking with the Service Provider, and:
3.2 Bookings created through the Online Booking System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the “Service Provider Terms”). You are solely responsible for reading and understanding the Service Provider Terms prior to making a Booking.
3.3 You the Service Provider listed on this website are not agents or employees of Travel To Dive or of its parent company or any affiliate. Travel To Dive is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Travel To Dive has no liability in the event of any delay, cancellation, overbooking, strikes, force majeure or other causes beyond Travel To Dive’s direct control, and Travel To Dive has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
3.4 Travel To Dive does not charge you for the use of Site or Online Booking System.
3.5 Information displayed on the Site is based on information provided to Travel To Dive by you and does not guarantee that the information is reliable, accurate, complete or free from errors. If any errors are listed, it is up to you to provide us with the changes to be made.
3.6 Travel To Dive does not endorse any of the Service Providers and makes no representations with respect to the affordability, quality, safety, or suitability of the Service Providers, their infrastructure and equipment, nor their ability to deliver the Services.
3.7 The order in which information is displayed on the Site does not constitute an endorsement of any Service Provider.
3.8 Travel To Dive will offer the opportunity for customers to comment on all aspects of the Services, and has the right to post such reviews on the Site.
4. Bookings
4.1 Bookings made online through the traveltodive.com website are subject to the availability of the requested Services by the Service Provider. Bookings are only confirmed once full payment has been made and has reflected, and a confirmation email including a confirmation invoice has been sent to you. Travel To Dive advises you to make other related travel arrangements, including flight arrangements, only after bookings are confirmed.
4.2 Travel To Dive is responsible for the correct execution of the reservation process, but not for the product supplied by the Service Provider. In some cases, additional information, including but not limited to passport copies, evidence of guest insurance, health certificates, etc. are required by Travel To Dive to make a booking complete. You are obliged to provide this information as detailed as possible within 12 hours of making the booking for all the guests covered under the booking. We hold the right to cancel the booking according to the applicable booking policy in case this information is not provided by you or is provided too late.
4.3 Where some itinerary information is provided by the Service Provider, this should be considered as sample itinerary only and is not binding by the Service Provider. At all times, the Service Provider may choose to take a different route based on weather conditions, specific requests by the group of customers, force majeure even or for any other reason.
5. Prices
5.1 Unless otherwise indicated in the Service Provider Terms, all rates and prices listed through the Online Booking System include the cost of the base service, excluding mandatory surcharges, taxes and levies. Unless indicated otherwise, mandatory surcharges, including surcharges for national parks, boat dives, night dives, special trip supplements or dive gear, are not included in the prices listed through the Online Booking System.
5.2 Taxes and levies (“Surcharges”), if applicable, are indicated in the Online Booking System during the checkout process for informational purposes. These Surcharges may be subject to change after the booking has been completed based on changes in local conditions beyond Travel To Dive’s control. A change in Surcharges does not give you the right to cancel a booking.
6. Availability
6.1 Services displayed on the Site are available for booking and subject to confirmation upon completion of a booking through the Online Booking System, and:
6.2 For Services quantified in days, the Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
6.3 For Services expressed in units other than days, the Service Provider reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Service Provider has limited availability during the date range specified in the booking, we will notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.
7. Payment
7.1 All fees, costs, charges, and taxes with respect to Services are payable to Travel To Dive in the currency indicated in the booking confirmation. Some Travel Products may also be sold in another currency than the one present or chosen by you on the Site. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company or bank) may charge conversion or other fees and apply another date’s currency rate. Payment will need to me made in full within 24 hours of receipt of the invoice or as stipulated on the invoice sent.
7.2 In order to secure your full booking Travel To Dive require a 30% non-refundable deposit in advance. Full payment is required 60 days prior to arrival, unless stated otherwise in email communications or as stated on invoice sent. We accept the payment via PayPal and Electronic Bank Transfers (EFT) Please note, that every payment platform and/or payment service provider applies different charges on the transaction.
8. Cancellations
8.1 Different cancellation policies may apply to each service booked and by making a booking, you agree to each of their separate payment and cancellation policies as well as Travel To Dive’s. A no-show for a trip is considered to be the same as a cancellation and no refund applies. Should you start a trip and choose not to finish it, no refund applies.
8.2 The Service Provider will clearly set out its cancellation policy in the Service Provider Terms when booking.
9. Special Circumstances
9.1 The Service Provider reserves the right to cancel a booking, or suggest providing Services at an alternative date in the event that conditions, including but not limited to, poor weather, acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, riots, pandemics, epidemics, and government actions resulting from the pandemic or epidemic, or other circumstances make it unsafe or impractical to provide Services at the date(s) specified in the booking confirmation.
9.2 The Service Providers, which are independent businesses from Travel To Dive, have the rights and responsibility to make their own decisions as regards to offering refunds or rescheduling options when they deem a cancelation or re-scheduling necessary. If a refund applies in relation to a cancelled booking, the costs to be paid or reimbursed to the Customer by Travel To Dive shall be limited to the actual, direct cost amounts paid by the Customer to Travel To Dive in relation to the cancelled booking. Travel To Dive shall not be held responsible for indirect or ancillary costs such as airfare, or any other costs that are not directly related to its providing Services. Travel To Dive recommends taking out private travel insurance.
10. Responsibility
10.1 By booking Services through the Online Booking System, you agree that you have reviewed the standards and requirements of the Service Provider, including but not limited to minimum diving experience and certification requirements, diving insurance requirements, personal information that the Service Provider requires you to provide and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. Should you not meet the requirements to dive or be fit to dive, you agree to notify us within 12 hours of booking.
10.2 You acknowledge that most Service Providers offering services and/or activities such as scuba diving may require you to sign their liability waiver, medical release forms and other forms prior to participating in the service and/or activity they offer. You understand that any violation of any such Service Provider’s rules and restrictions may result in cancellation of your reservation(s), in you being denied access to the product or services you booked, and in you forfeiting any monies paid for such reservation(s). Such waivers may be provided by the Service Providers at the start or during the trip.
10.3 You are responsible for understanding and complying with the requirements, and Travel To Dive advises you to enquire about requirements prior to making a booking. Travel To Dive may request you to sign off on our standard release and liability forms prior to your trip date. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fees may apply.
10.4 You are responsible for ensuring that you meet foreign entry requirements for the countries of travel and that your travel documents, such as passports and visas, are in order, and any other foreign entry requirements are met. Travel To Dive urges customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
10.5 Should you include DAN dive insurance in your booking, this constitutes a direct contract between you and DAN World in accordance with the terms and conditions set out in the Booking. You are solely responsible for reading and understanding DAN World’s Terms prior to making a Booking.
10.6 If for any reason you are delayed in transit and fail to reach a liveaboard, cruise or other boat by the scheduled time of departure, you are responsible for all costs associated with continuing your trip or making alternative trip arrangements.
11. Promotions
11.1 Travel To Dive may issue promotion codes applicable to qualifying Services. Instructions on how to redeem promotional codes and the specific terms related to each code may vary and will be set out in applicable terms. Travel To Dive reserves the right to modify or cancel promotion codes at any time.
12. Privacy Policy
12.1 Please click here to review the Travel To Dive Privacy Policy, which also applies to your use of the Travel To Dive website, and is incorporated, by reference, to provide you understanding of our practices.
13. Liability Disclaimer
13.1 Travel To Dive makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Site, the Online Booking System, the Service Provider Information, the Service Provider Terms, the Services or otherwise. In no event will Travel To Dive or its affiliated companies, directors, employees, agents, or contractors (the “Representatives”) be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to:
I – viruses or harmful components in software on the Site, interruption, delay or inability to use the Site or the Online Booking System, and damage to computer equipment or other property; II – implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
III – inaccurate, incomplete, unreliable, or misleading Service Provider Information including pricing errors; or
IV – any act or omission of the Service Provider or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the Booking or the Service Provider Services.
13.2 Travel To Dive cannot be held liable for and will not accept responsibility for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving, or any activity offered by the Service Provider or as a result of acts or omissions by third parties.
14. Legal structure and governing law
14.1 Travel To Dive PTY Ltd is a company duly incorporated pursuant to the laws of South Africa. These Terms of Service shall be construed in accordance with the laws of South Africa.
14.2 We are committed to customer satisfaction, so if you have a problem or a dispute with the services provided by Travel To Dive, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us or our Privacy Policy (“Claims”), by contacting Travel To Dive Customer support at [email protected] or +27 78 542 4718 If we are not able to resolve your Claims within 60 days, you may seek relief through Arbitration. Any and all claims will be resolved by binding arbitration, rather than in court.