### TERMS OF SERVICE
These terms of services are concluded with the company Dive and Cruise Limited and any of his business partners named Dive and Sail Ltd or Dive Abroad Lp with main company registered office is at: Unit 702, 7/F, Bangkok Bank Building, No. 18 Bonham Strand West, Hong Kong operating under the Trade and Companies registration number : 1434283.
This agreement (“Agreement”) is between, Dive and Cruise Ltd (“Diveancruise"), his business partners cited above for any services provided by Diveandcruise represented online by our the Websites (www.diveandcruise.com, www.dive-and-cruise.com, www.diveabroad.com) as "Service(s)” and you (“you” or “user(s)”), a user of our website.
Throughout this Agreement, the words “Diveandcruise,” “us,” “we,” and “our,” refer to our company Dive and Cruise Ltd owner of the websites including the country’s extension and guarantor of the proposed services. Your ability to submit or transmit any information to the website, including but not limited to text, photos, comments, data will be referred to as “Content” throughout this Agreement
Diveandcruise has developed different plateform for the scuba diver traveler in order to find a proper liveaboard for his holidays, we are not a Travel Agency (as we operate as a diving agent) and not intend to act as one, we do not offer flight ticket, hotel, tours in our website but we do work with business partners around the world licensed as a IATA agent and they can provide us this services that we can add on your diving liveaboard booking.
By browsing, accessing and using the website and by using the Online Booking System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.
The Parties agree as follows:
### SCOPE OF SERVICE
www.diveandcruise.com website try to show you the widest range of diving liveaboard in the market, we do maintained the website as best as we can with new liveaboard operators and delete the ones that are not operating anymore, the informations provided are the ones we received from the boats and/or the ones we verified once we visit the boat. We are not liable for any mistake on the boat description, itineraries and photos provided by any liveaboard shown online. we are doing the schedule and price yearly for the boat that provided this informations and we update it every year in July/August. During the 12 months following, some changes by operators can have been made without Diveandcruise being aware of it, once again we try our best efforts to keep it updated but it can shows some mistakes. Our booking form on this website is a request only and doesn’t give you a space on the boat. Our team of dive agent will write back to you and inform you about the availability of your choosen package and provide you the updated infos regarding this one. Once you accept the offer with your respective dive agent from diveandcruise then we proceed to confirm your spaces with the liveaboard and send you an invoice to proceed the payment.
www.dive-and-cruise.com website was our first domain 10years ago and we updated it to represent better the group Diveandcruise trying to offer another kind of navigation, infos and boat videos. The main difference on this website is the display of the "Schedules and Prices" that are handled by the company SCUBADATES who are putting all his effort to reunite Diving Liveaboard Operators into one system where everyboat have to keep his date, prices, availabilities accurate. Like in any system so boat operators are doing it well and some are a bit slow to update it, so this give you a global idea of the trip available for you regarding the prices, the cabin details and availabilty and then you can use "Booking Request" if you are interresting to join a trip, as soon as we received it, we will check directly with the boat and get back to you with all updated details to confirm your booking. Once you agree with you dive agent quotation then the invoice will be sent to you for payment.
www.diveabroad.com website is the new Instant Booking Platform for Diveandcruise resulting after diver’s wishes to be able to quickly book their diving. Recently 2/3y some companies start allowing diver to do so online and we were precautious about it because we KNOW our liveaboard, our partners and how this whole world works, and what you see is not always what you CAN have.
There are NO Diving Liveaboard Broker website today displaying an automatic availability display, NONE.
Availabilities have to be enter by human regarding the Agent access we have with the boat so it can not be an 100% accurancy on the spaces avaialbilites you see anywhere, mistake exists as it’s a human team behind these availabilities input.
On this website we have 2 agent dedicated to update all the boat display every 24h in order to offer a 95%-99% accurancy on prices and spaces. It been tested for 2 months before opening to verify that the datas will be good enough for our divers to proceed instant booking. The Credit Card system used to proceed the booking is STRIPE and as this is one of the Payment Processing Leader nowadays, his system works as rental car company, it means your credit card are encrypted on there platform and verified to say either your credit card used is OK or NOT OK to proceed the booking. NO debit is done and no money is block when you entering these infos. This is only to confirm us your real intention to proceed for a Dive trip on a selected boat so then we can within minute contact the boat, place your booking and get back to you with our aggreement. Only at this stage you will confirm us to debit the credit card for the amount stated on your invoice or release your payment if you want to cancel (no fees) or pay with another method.
We guarantee you the lowest price for a similar dive trip you can find online, We as all other liveaboard platform MUST display the price given by our business partner "liveaboard Operator". No company is allowed to display a cheaper price to attract customer online. The price we show on our website try to be as close to the real price as possible but using multicurrency application it can sometimes be slighty different. The price you will have to pay is the one we provide you in your invoice and this one will be always the lower one on the market for the same services + a great team of dive agent behind you and an easy process with flexibility.
We do have a dedicated Agency access to most of the boat we display on our website, so the best way for you to know quickly and efficiently if a boat trip is available or not is to contact us with our Chat system on all the websites, this way we can check in real time PRICES & AVAILABILITY and for some of them we can already input your booking into the boat operator booking website. If you don’t use the Chat system then you can send us an email of fill the form and you will receive an answer in no more than 24h, usually we do answer really quick. Think about checking your spam folder within hours you wrote to us.
Diveandcruise is not charging any booking fees or services fees, the price you pay is the official price from the boat even cheaper if you are part of our rewarded member program or if you win any contest and earn a special coupon. We have company bank account in Hong Kong accepting multicurrencies (AUD,CAD,CHF,EUR,GBP,JPY,NZD,SGD,THB,USD) so we can invoice you in your currency if it is part of them (this prevent you 2% loss from you country’s bank exchange). We also have company bank account in Europe EU usefull for our European customers than can pay in EURO using SEPA network with no bank fees as this is automated using IBAN+BIC with all Online Banking System in Europe, you just need to register our company in your list of Beneficiaries.
We are using STRIPE Gateway processing to process the credit card payment, there are no credit card fees when you book a trip on www.divebroad.com. On demand booking request on www.diveandcruise.com, www.dive-and-cruise.com we use an automatic credit card invoicing fees. These fees may varies depending your booking and the trip selected. We do offer Alipay payment for our Chinese divers, prices displayed in USD and converted by Alipay in CNY. We do also accept Paypal and Digital currency payment (BTC, ETH, LTC, Bitcoin Cash)
All the cancellations made by you to Diveancruise for a diving trip you booked with us will be using the boat operators own cancellation policies as we are borned by them and when you book with us, you’ll become borned to the same cancellations policies. Every one being different we display each boat policies on your invoice for you to know them. While booking on www.diveabroad.com in Step 1&2 you have a DIRECT LINK to the Boat operator website where you can see all the informations from the boat, in term and conditions and more. We hope you come back with us to book but if you book with them we are happy to help.
### SPECIAL CIRCUMSTANCES
Diveandcruise reserves the right to cancel or may suggest to provide an alternative date in the event weather conditions make it unsafe to provide services at a date specified in the booking confirmation. In such case, Diveandcruise will act in accordance with the applicable policy specified by the Dive Operator. If Diveandcruise is permanently unable to deliver the Services as a result of acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, or riots, we will use commercially reasonable efforts to inform the you without delay and will provide a refund without deduction any amounts collected by us. The scope of costs to be paid or reimbursed to you by Diveandcruise is limited to costs directly related to diving services in accordance with the booking made through us. Diveandcruise is not to be held responsible for costs such as airfare, or any other costs that are not directly related to the diving liveaboard.
By booking through our website, you agree that you reviewed the standards and requirements of the boat operator show on his website or if not available then you need to ask our dive agent to inform you about them, including but not limited to minimum diving certification requirements, diving insurance requirements, personal information that the boat operator requires you to provide, and forms that the boat operator requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with these requirements and we encourage you to enquire Diveandcruise about requirements prior to making a booking. Failure to comply with the requirements may result in your inability to participate to the trip you booked with us and you could loose your trip. Our Agent will always provide you the files that need to be filled for the boat and forwarded everything to the boat.
Travel requirement as Visa and allowed days are all your responsability and you should check government website for these informations as we are not entitled to provide these infos.
Diveandcruise may issue promotion coupon applicable to qualifying trips on www.diveabroad.com. Instructions on how to redeem promotional codes may vary and will be set out in applicable terms. Diveandcruise reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to services booked through any of www.diveabroad.com.
In no event will Diveandcruise or its affiliated companies, directors, employees, agents, or contractors 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: viruses or harmful components on the websites, interruption, delay or inability to use the websites, and damage to computer equipment or other property; implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement; inaccurate, incomplete, unreliable, or misleading boat operator Information; or
any act or omission of the Diveandcruise or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the booking or Diveandcruise Services.
### PERSONAL USE ONLY
You agree that you will not use the websites for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or hotlink any information, content, services, products, images on the website without written consent from Diveandcruise. You will not make any speculative, false, or fraudulent booking using forms or attempt to advertise any services through posting comments or reviews.
### INTELLECTUAL PROPERTY
Diveandcruise is the exclusive owner of all rights. By posting reviews or comments, you grant Diveandcruise a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future customers. You agree that Diveandcruise may decide to remove your reviews or comments from the website at its discretion, such as in the event that it deems your reviews or comments to be offensive.
### LEGAL STRUCTURE AND GOVERNING LAW
Diveandcruise and his business partners are compamies duly incorporated in different juridictions so Dive and Cruise Ltd is the one matters in accordance with the laws of Hong Kong.
Updated on 10th November 2017