For the purpose of these “Terms and Conditions” Seafari Adventures S.r.l. will be “the company” and the person
signing the booking form will be the “customer”.
Only the conditions set out in the company’s offer and the customer’s acceptance will be considered a contract.
The travel contract of this programme is regulated
by Law Nr. 1084 of December 27th 1977 under ratification and execution of the
International Convention relative to the Travel Contract signed in Bruxelles on April 23rd 1970.
The responsibility of the Organizer of the travel cannot, in any case, exceed the limits of the mentioned law.
BOOKING: a booking is not
secure until the company has received the appropriate
deposit and the completed signed booking form.
PAYMENT: the Company acts
in accordance with EEC Consumer Protection regulations
statutory instrument number 3288 and all monies paid by
clients for package holidays with the company will be
held in trust until the contract for that package has
been performed. On receipt of deposits the company will
reconfirm details of the full amount payable including
any insurance premiums.
The full amount must be paid 60
days prior to the departure date. Failure to pay by the given date will be considered as cancellation of the booking.
CANCELLATION CONDITION: in
case of cancellation, the following penalties will be
applied, counting back from the cruise departure date:
|
INDIVIDUALS
|
GROUPS
|
Before 120 days |
500 USD/Pax |
300 USD/Pax
|
119 - 90 days |
1000 USD/Pax
|
600 USD/Pax
|
89 - 60 days |
1500 USD/Pax |
1000 USD/Pax |
Less than 60 days |
NO REFUND |
NO REFUND |
For all combinations any reimbursement will be granted to
those customers who will not be present on departure or
will renounce during the course of the travel.
Any reimbursement will be granted to whom ever cannot carry out the travel for lack of or void
insufficiency on the foreseen personal documents for expatriation.
The customers who will renounce can be replaced from another person, but the communication of
the change must reach the Company in useful time for the variations, in any case, 15 days at least
before departure, but passport, visa, vaccinations or problems for different arrangements in the hotels
must not exist.
In the case of possible substitution, the Company will debit to the renouncing customer all the costs
caused by this substitution, included the non-reimbursable costs due to third parties and the registration
rights, if foreseen.
Insurance premiums are not refundable in the event of a cancellation.
CHANGE OF ORIGINAL BOOKING:
if the customer changes the original booking the company
will make every effort to accomodate the customer’s requirements.
However if it is not possible then the cancellation charges
will apply. A charge will be made of USD 50 per passenger
for changes in booking arrangements. He will also be available
to fulfil requests of the guests.
CORRESPONDENCE: all correspondence
concerning any booking will be sent directly to the customer
who has signed the booking form. It is the responsibility
of the person who signs the booking form to make these
conditions known to their accompanying party. A signed
booking form is deemed as acceptance of these terms and
conditions.
INSURANCE: the customer is
responsible for providing adequate insurance cover for
themselves. We ask all customers to send us a copy of
their policy when they make the final balance payment.
THERM AND CONDITIONS: of any
booking are subject to Italian Law and jurisdiction.
LIABILITY: the Company does
not accept responsibility for any loss, damage or expense
which may arise from any event for whatever reason over
which the company has no control. The company can only
accept responsibility for arrangements which are totally
under its control. The company has no control over the
supply of services from any supplier and, or their agents
servants or employees. The company will make every effort
to provide assistance to the customer in the event of
any reasonable complaint or claim.
BAGGAGE: baggage travels at
owner’s risk and the Organization Company is not responsible
for any loss or damage of the baggage.
PRICE CHANGES: the price may
be changed at any moment according to the variations of
the course of the exchanges and of the cost of the touristic
services. If the increase of the whole price exceeds 10%,
the participant can withdraw from the contract, but he
must inform the Company by a written paper within 48 hours
from the receipt of the communication relative to the
increase.
Individuals: a first deposit
of 500 USD/Pax is requested to confirm the booking.
A second deposit of 1000 USD/Pax must be received 180 days before departure.
Final payment 60 days before departure.
Groups: a first deposit of
3000 USD is requested to confirm the booking. A second
deposit of 5000 USD must be received 180 days before departure.
Final payment 60 days before departure. We cannot hold
reservations without deposits if the balance is not received
on time, we reserve the right to sell your spot(s).
We cannot guarantee any customer to board the boat if
the payment has not been received at least 15 days before
departure.
The Company advises all customers that scuba diving takes
place at their own risk and the company cannot accept
responsibility or liability in this respect. It is the
responsibility of the person who signs the booking form
to ensure that all members of their accompanying party
who take part in scuba diving are medically fit.
All clients will be required to sign a disclaimer form.
It is understood that due to the remote nature of the
Maldives, Seafari Adventures S.r.l. cannot compensate
for changes in planned diving or vessel itinerary due
to adverse weather conditions and equipment breakdowns;
vessel seizure or arrest; unavailability of labour due
to strikes, lockouts, political or labour disturbances.
Seafari Adventures S.r.l. reserve the right to cancel
any charter and refund all deposits.
No refunds can be made for cancelled diving arrangements
due to adverse weather or for substitution of facilities
and/or equipment or minor inconvenience once a trip begins.
RESPONSIBILITY RESTRICTIONS:
the compensation due from the Company cannot be in any
case higher than the compensation damages foreseen from
the International Conventions as regards the services,
the non-fulfilment of which, has determined the responsibility,
both as a contract and extra-contract title and precisely:
Varsavia Convention 1929 about the international air transport;
Berna Convention (civ. railway transport); Athen Convention
1974 (maritime transport); Paris Convention 1962 about
the hotel-keepers responsibility; Bruxelles Convention
1970 (c.c.v. about the responsibility of the Travel Company).
In any case the compensation limit for damages different
from those to the person cannot exceed “5.000 francs
gold germinal for any other damage” foreseen by
Art. 13 No. 2 c.c.v.
COMPLAINTS AND DENUNCIATIONS:
the Traveller, with penalty of lapse, must report in writing,
in the form of complaint, to the Company the distortions
and errors of the travel all included, as far as what
is attributable to the Company, as well as the non-fulfilments
in its organization or achievement when they occur, or,
if not recognizable immediately, within 10 days of the
re-entry date. The Traveller, allows the right to lapse,
if asking the Company the compensation of the possible
damages for money losses, objects of high economical value
and any title, if the Traveller has not reported in writing
these personal properties before the beginning of the
travel and consequently has not insured them.
COMPETENT COURT:
For any controversy the Court in Milan (Italy) will be competent.