STANDARD TERMS AND CONDITIONS

These terms will apply to all the Client’s dealings with Company, including being incorporated in all agreements, quotations or orders under which Company is to provide services to the Client together with any additional terms included in the Booking Confirmation Invoice.

In the event of any inconsistency between these terms and conditions and any Booking Confirmation Invoice, the clauses of these terms and conditions will prevail to the extent of such inconsistency.

• By making a booking you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
• If you are making a booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.
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• You are required to pay a non-refundable deposit in the amount and in the currency specified at the time of your booking (Deposit).
• You are required to pay the Deposit via Electronic Funds Transfer (EFT) to the Company’s bank account.
• If payment is not made in accordance with clause 3(b), we reserve the right to cancel your booking and any cancellation charges outlined at Clause 8.3 (Cancellation by You) will apply.
• Should you need to cancel your trip (up to 60days before departure or up to 6 months before departure where you have booked a Live Aboard Experience), you can transfer your deposit to another available trip or receive a credit note to hold your deposit on file indefinitely, should you need to cancel your trip.

Dates and itineraries are valid as agreed between the parties in writing.

1. • GENERAL
     • If we accept your booking, you will be issued with a booking confirmation statement (Booking Confirmation).
     • Once the Deposit has been paid in accordance with clause 3, the Company will provide you with an invoice detailing the specific amounts payable as outlined in clause 2(b) (Invoice).
   • PAYMENT METHOD – ALL TOURS
     • This clause 2 will apply to all travel bookings, except bookings made for the Live Aboard Experience. The relevant payment method for the Live Aboard Experience is set out at clause 5.3.
     • You are required to pay the remaining balance to the Company via credit card or EFT to the Company’s bank account at the time set out in the Invoice.
     • If payment is not made in accordance with this clause 2 prior to tour commencement, we reserve the right to cancel your booking and any cancellation charges outlined at Clause 8.3 (Cancellation by You) will apply.
   • PAYMENT METHOD – LIVE ABOARD EXPERIENCE
     • This payment clause 3 will only apply to travel bookings for the Live Aboard Experience.
     • You must pay the Deposit to the Company at least six (6) months and two (2) weeks prior to your departure date.
     • You are required to pay the remaining balance at the times and amounts set out in the Invoice or as otherwise communicated to you.
     • If payment is not made in accordance with clauses 3(b) and 5.3(c) prior to tour commencement, we reserve the right to cancel your booking and any cancellation charges outlined at Clause 8.3 (Cancellation by You) will apply.
   • ONLINE PAYMENT PROVIDER

We may use third-party payment providers (Payment Providers) to collect payment. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. TravelPay’s terms and conditions are available here: https://travelpay.com.au/travelpay-public-webpay-terms-conditions/

• FLEXIBLE PAYMENT

Interest free payment plans are available on the Company website. For any alternative payment arrangements, a request may be made to the Company for consideration.

• NO CHANGE FEES

You are able to change your trip with no change fee up to 60 days before the scheduled departure date or up to 6 months before departure where you have booked a Live Aboard Experience.

• PRICING

Our trip prices are based on twin share rooms. Should you wish to have a single room, a single room surcharge will apply.

• SURCHARGES

You acknowledge and agree that:

(a)      All prices are subject to variable and seasonal pricing. This means trip prices may vary at any time in accordance with demand, market conditions and availability.

(b)      Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply.

(d)      Prices are based on currency exchange rates. Therefore, prices may vary depending on which currency the booking is made.

(e)      We reserve the right to impose surcharges up to 56 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.

(f)       A surcharge may be applied to all purchases made by credit card.

• • TRAVEL INFORMATION
    • Prior to making a booking with us, we strongly encourage you to contact the Department of Foreign Affairs and Trade (DFAT) or visit their website to obtain information and advice about Cuba and make an assessment of the suitability of such a destination.
    • You must tell us on or prior to booking, if you have any special travel requirements, such as dietary requirements.
  • PASSPORT AND VISAS
    • You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip.
    • Your passport must be valid for 6 months beyond the duration of the trip.
    • It is solely your responsibility to ensure that you have a passport and any relevant visas and/or permits that comply with any entry requirements necessitated by the country you are entering. (Please refer to the Essential Trip Information for further details).
    • Company will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.
  • INSURANCE
    • You acknowledge that travel insurance is not included in the trip price and must be acquired separately.
    • It is solely your responsibility to obtain any insurance that will cover your travels.
    • Travel insurance is mandatory for all our travellers and should be taken out at the time of booking
    • Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover.
    • Your travel insurance must also provide COVID19 cover, otherwise you may be required to purchase such cover separately in order to be permitted on the trip.
    • We strongly recommend tour cover extends to cancellation, curtailment, personal liability and loss of luggage and personal effects.
    • You must provide your travel insurance policy number and the insurance company’s 24 hour emergency contact number on the first day of your trip. You will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
  • HEALTH
    • You acknowledge and agree that:
      • it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination;
      • you might be denied entry to some countries if you do not present certain health-related documentation (such as proof of vaccinations).
    • Prior to booking travel to an overseas destination, we strongly encourage you to consult the DFAT’s website for health-related information and see your general practitioner for any required vaccinations and other recommended health treatments.
  • SELF-ASSESSMENT FORM
    • On more demanding trips we require the completion of a self-assessment form, including information relating to COVID19 and any symptoms you may have been experiencing.
    • Failure to provide requested details may result in additional charges or non-refundable cancellation of your booking.
  • WAIVER
    • The Client acknowledges and agrees that they have read and signed the Agreement and Waiver located in Appendix A.

This clause 8 will apply to all travel bookings, except bookings made for the Live Aboard Experience. The cancellation fees for the Live Aboard Experience are set out at clause 11.

• CANCELLATION BY US
  • Our trips are guaranteed to depart once they have two fully paid travelers unless minimum group size specifically states otherwise.
  • We may cancel a trip at any time prior to departure if, due to external events including but not limited to terrorism, natural disasters or political instability, it is not viable for us to operate the planned itinerary. Except when your trip is cancelled due to a Force Majeure Event (refer to Clause 8.2), you are entitled to transfer amounts paid to an alternate departure date or receive a refund upon cancellation.
• FORCE MAJEURE
  • A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.
  • If a trip is cancelled due to a Force Majeure Event, the following can be claimed:
    • a 100% credit of all monies paid for the trip; or
    • a refund (excluding unrecoverable costs).
  • If a trip is cancelled due to a Force Majeure Event that occurs after a trip has commenced, the following can be claimed pro-rata:
    • a 100% credit for the days that remain of the trip; or
    • a refund (excluding unrecoverable costs) for the days that remain of the trip.
  • Any credit resulting from a cancellation under this Clause 8:
    • does not have an expiry date and may be applied towards any other available trip offered by us;
    • is not redeemable for cash;
    • excludes flights or insurance as they will have their own booking conditions.

In such circumstances, neither party will be able to claim damages against the other. We are not responsible for any incidental expenses you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

• CANCELLATIONS BY YOU
  • If you cancel some or all of your booking, the following cancellation terms will apply:
    • If you cancel at least 60days prior to departure, the deposit amount will be held as credit.
    • If you cancel with less than 60days until departure:
      1. 50% of the monies paid in connection with the booking will be held as credit. The other 50% will be retained by us.
      2. if the cancellation is due to you having COVID-19 or ‘flu-like symptoms’, we will hold 100% of monies paid by you in connection with the booking as credit. This must be supported by a medical certificate,
      3. Any credit resulting from a cancellation under this Clause 8.3 does not have an expiry date and may be applied towards any other available trip offered by us. This credit is not transferable or redeemable for cash. This credit excludes flights or insurance as they will have their own booking conditions.
    • You are strongly advised to take out cancellation insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you do not join your trip, join it after departure, or leave it prior to its completion, no refund will be available. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees.

• Transfers to a third party or an alternative trip are at our discretion.
• Third party transfers will only be permitted where the transferee meets all the requirements in relation to the trip. Certain transfer fees may apply.
• No amendments are permitted to your booking within 60days of departure or within 6 months before departure where you have booked a Live Aboard Experience.

This clause 10 will apply to all travel bookings, except bookings made for the Live Aboard Experience. The tour specifics for the Live Aboard Experience are set out at clause 11.

• If you have booked a Live Aboard Experience, you acknowledge and agree that the terms and conditions of Avalon Outdoor will apply. Those terms can be accessed here: https://cubandivingcenters.com/downloads/Terms-and-conditions.pdf (Avalon Outdoor Terms).
• We are not responsible for the acts and omissions, whether negligent or otherwise, of Avalon Outdoor. Any disputes between you and Avalon Outdoor, are to be resolved solely between you and Avalon Outdoor.

• You acknowledge that the nature of the trip involves a degree of personal risk. You may be visiting places where the political, cultural and geographical landscapes present dangers and physical challenges greater than those present in your country of residence.
• You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
• We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

• If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within thirty (30) days of the end of the tour.

• Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the operation of a trip. In making this booking, you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the trip to send you marketing material in relation to our events and special offers.
• You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes.

We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion upon written notice to You (including notice via the Website).

1. • Our services, including our trips (“Services”), may come with guarantees that cannot be excluded under Australian Consumer Law.
   • “Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
   • (Limitation of Liability) To the maximum extent permitted by law (including the CCA), we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. Clause 15(c) does not limit or exclude your rights under the CCA.
   • Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the Services supplied again.
   • (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
     • your access or use of the Services, this includes your delegate’s access or use of the Services; and
     • any breach by you (or your delegate) of:
       1. these Booking Conditions; or
       2. any additional terms applicable to providing the Services, except to the extent that such loss or damage is a direct result of our fraud or wilful misconduct.

• (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors, and individuals to assist in the running of our trips as agents for these third parties (‘Third Party Supplier’). Third-party suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
• We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
• (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.

1. • A notice or other communication to a party under this agreement must be:
     • in writing and in English; and
     • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
   • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
     • 24 hours after the email was sent; or
     • when replied to by the other party, whichever is earlier.

1. • A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
   • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
   • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
   • If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into this agreement.
   • If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

1. • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

• COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

• COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

• ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

• INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation;
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  • (currency) a reference to USD or EUR, is to United States Dollar or Euro currency, unless otherwise agreed in writing.

By signing below, the Client agrees to the above Terms.

Executed as an agreement on _________________ (date)