SIMPLY CUBA TOURS – STANDARD TERMS AND CONDITIONS
These terms and conditions and Appendix containing an Agreement and Waiver form (Terms) set out the terms under which you (the Client, you or yours) make travel bookings with us (Company, we, us or our). All bookings are made with Simply Cuba Tours Pty Ltd (ABN 32 640 156 690) (Company, we, us or our). By booking a trip with us, you are deemed to have agreed to these booking conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your Booking Confirmation Invoice.
Please take the time to read and understand the conditions of booking set out below prior to booking a trip with us. We strongly recommend that you also read the Essential Trip Information relating to your trip prior to booking to ensure you understand the itinerary, style and physical demands of the trip you are undertaking.
- BOOKING confirmation invoice
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.
- 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.
- 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 & SURCHARGES
Our trip prices are based on twin share rooms. Should you wish to have a single room, a single room surcharge will apply.
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.
- CLIENT OBLIGATIONS
- 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.
- 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.
- 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.
- You acknowledge and agree that:
- 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.
- TRAVEL INFORMATION
The Client acknowledges and agrees that they have read and signed the Agreement and Waiver located in Appendix A.
- CANCELLATION FEES
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:
- 50% of the monies paid in connection with the booking will be held as credit. The other 50% will be retained by us.
- 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,
- 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.
- If you cancel some or all of your booking, the following cancellation terms will apply:
- BOOKING AMENDMENTS
- 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.
- TOUR SPECIFICS – All Tours
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.
The price of the tour includes:
- all accommodation as listed in the Essential Trip Information;
- all transport listed in the Essential Trip Information;
- sightseeing and meals as listed in the Essential Trip Information; and
- the services of a group leader as described in the Essential Trip Information.
The price of the tour does not include:
- international or internal flights unless specified;
- airport transfers (unless stated otherwise in the Essential Trip Information), taxes and excess baggage charges unless specified;
- meals other than those specified in the tour itinerary;
- Visa and passport fees;
- travel insurance; or
- optional activities and all personal expenses.
- MINIMUM AGE
- A minimum age of 18 applies to all trips excluding family trips. All family trips must include a child under the age of 18.
- All travelers under the age of 18 (‘minor’) must be accompanied by a legal guardian.
- Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
- MAXIMUM AGE
- For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
- We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
- GROUP MAXIMUMS
- The following maximums are enforced:
- Diving Tour – maximum 8 persons
- Bird Watching Tour – maximum 8 persons
- Photo Tour – maximum 8 persons
- All other tours not listed have a maximum of 12 persons
- The following maximums are enforced:
If you would like to know how many people are on your tour, please contact us prior to making your booking.
You acknowledge that the nature of this type of travel requires considerable flexibility and alternatives must be allowed for. The itinerary provided for each trip is representative of the types of activities planned, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice at our behest.
- CHANGE OF ITINERARY
- While we endeavor to operate all trips as described, we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
- (Major Change) For the purpose of this clause a’ Major Change’ is deemed to be a change affecting more than one full day in five of the itinerary.
- Before Departure: If we make a Major Change prior to departure, we will inform you as soon as reasonably possible if there is time before departure. When a Major Change is made you may choose to either accept the change, reschedule or accept an alternative tour offered.
- After Departure: We reserve the right to change an itinerary after departure due to local emergency circumstances or events outside of our control. In such circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as visas, vaccinations or non-refundable flights.
- AUTHORITY ON TOUR
- Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveler or staff member on the trip.
- If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked.
- You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited,
- You agree to travel in accordance with our responsible travel guidelines.
- OPTIONAL ACTIVITIES
- Optional activities not included in the trip price do not form part of the trip or this contract.
- You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
- PHOTOS AND MARKETING
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes
- tour specifics – live aboard experience only
- 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.
- ACCEPTANCE OF RISK
- 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.
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).
- LIMITATION OF LIABILITY
- Our services which include 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. This 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:
- these Booking Conditions; or
- any additional terms applicable to providing the Services,
except to the extent that such loss or damage as 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 agent 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.
- 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,
- A notice or other communication to a party under this agreement must be:
whichever is earlier.
- DISPUTE RESOLUTION
- 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.
- 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.
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.
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.
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.
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
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.
- (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)
|Signed by the Client:|
|Company (if applicable)||Date|
APPENDIX A – AGREEMENT AND WAIVER
|SIMPLY CUBA TOURS WAIVER AND AGREEMENT
1. You request to participate in the Tours that are provided by Simply Cuba Tours Pty Ltd ABN 32 640 156 690 (Simply Cuba Tours) or third parties hired by Simply Cuba Tours in accordance with the Simply Cuba Tours – Standard Terms and Conditions. This document flags some of the key risks you need to accept to participate in any of the Tours, requires you to waive some the rights you would otherwise have, indemnify Simply Cuba in certain circumstances and release Simply Cuba Tours and from liability.
2. You acknowledge and agree that participating in the Tours may involve you travelling to remote areas that may expose you to (sometimes unpredictable) risks, may have rough terrains and may be distant from medical care. You acknowledge that you may be exposed to these areas during the wet season which may make the areas more dangerous to travel to.
3. You also acknowledge that the Tours may expose you to forces of nature, accidents, wildlife encounters, drowning, natural or other disasters and as a result you may suffer loss of personal property, serious injury and even death and you agree to participate in the Tours at your own risk.
4. You agree that you are solely responsible for any personal property (including but not limited to your photography gear, electronic equipment and travel documents) and that Simply Cuba Tours will not be liable for any loss or damage to such personal property.
5. You agree that your participation in the Tour may involve risks including but not limited to accidents which occur during transportation or travel from destinations on the Tour itinerary; falls while getting into or out of boats; overturning of boats; loss of balance; impact or collisions with trees, logs, other boats and equipment; changing weather conditions and encounters with domestic or wild animals.
6. If you are participating in a Scuba Diving Tour, you agree that you have the relevant scuba diving licence which qualifies you to engage in all scuba diving activities. You also understand the hazards of scuba diving, which include dangers of boat travel to and from a dive location, equipment failure and wildlife dangers.
7. You understand that your participation in the scuba diving tours, and other tours provided by Simply Cuba Tours Pty Ltd may expose you to heart attack, sun stroke, sun burn, air expansion injuries, decompression sickness, embolism or other hyperbaric injuries.
8. With knowledge of the above dangers and risk, you agree to participate in the Tours at your own risk. You exclude Simply Cuba Tours Pty Ltd and its officers, employees and contractors, and any other persons involved in your participation in the Tour with Simple Cuba Tours Pty Ltd (Releasees) from any demand, claim, or other proceeding in relation to any injury or loss or damage to your person or property in connection with your participation in the Tour provided by Simply Cuba Tours Pty Ltd, whether or not caused by the negligence of a Releasee.
9. You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Tours provided by Simply Cuba Tours Pty Ltd where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of Simply Cuba Tours Pty Ltd Waiver and Agreement.
10. You agree that should any part of this Agreement and waiver be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this Agreement and waiver will remain in full force.