TERMS AND CONDITIONS OF USE AT DSDIVERS.COM

TECHNICAL ORGANIZATION:

The technical organization of this website is made and developed by the platform DSDIVERS.COM affiliated member of the company DiversAround S.L. with offices in Sharm El Sheikh, Madrid, Miami, Buenos Aires. 

DiversAround S.L. includes different diving travel platforms within its society, DiversAround S.L. . 

DSSDIVERS is an affiliate member of DiversAround's affiliate program.

The DSDIVERS platform is legally within the DiversAround affiliate program. DSDIVERS can be considered a multiplatform within the DiversAround platform. Owners of multiplatforms such as DSDIVERS are affiliated members of DiversAround.

DSDIVERS.COM as an affiliate of DiversAround, DSDIVERS is not responsible for all content, including tourist services and their respective offers. This website contains links and offers to a variety of dive services for which we display ads on the DSDIVERS website. In addition to being a sponsor, DSDIVERS recommends this site, but is not responsible for the content or privacy policies of DiversAround or third party advertisers, even if they use the DSDIVERS website logo as part of a co-branding agreement, or how information about their users is handled.

DiversAround.com Affiliate Agreement. This DiversAround Affiliate Agreement ("Agreement") sets forth the terms and conditions that apply to DSDIVERS' participation as an affiliate member ("Affiliate") of the DiversAround Affiliate Program ("Program").

ORGANIZATION

Booking a trip on DSDIVERS as with any of the brands, members of DiversAround S.L.'s affiliate program or travel websites is governed by the following conditions and implies acceptance by the customer of the following conditions.

The technical team of all this platform are all professionals recognized within the diving industry at international level with decades in the industry.

This legal regulation is applicable to the travel contract and acceptance of the General Conditions. The contractual relationship between the organizing agency and the client is governed by the clauses of the travel contract, the technical sheet detailing its final content and by these general conditions, subject to the provisions of the Royal Legislative Decree.

Likewise, the contracting parties submit to the resolution of the conflicts as well as to resolve the discrepancies or claims that raise the interpretation or the execution of the contract of combined trip and of these general conditions, and with resignation to any other jurisdiction, to the competent courts and tribunals in each case.

The reservation of any of the trips whose technical organization is the responsibility of DSDIVERS implies full acceptance of these general conditions, which will be considered automatically incorporated into the contract without the need for transcription written in it.

The reservation of any of the trips whose technical organization is the responsibility of DiversAround S.L., online reservation engine title, implies the total acceptance of these general conditions, which will be considered automatically incorporated into the contract without its transcription being necessary.

TERMS OF SERVICE

Welcome to the Terms of Service for the DSDIVERS website and any associated services. This is an agreement ("Agreement") between DSDIVERS, the owner and operator of www.dsdivers.com (the "Site"), the DiversAround software ("Software") and any service provided by DiversAround or a service provider represented on www.diversaround.com.

Throughout this Agreement, the words "we," "we," "us," and "our" refer to our companies, DSDIVERS and DiversAround our Software or any Service, as applicable in the context of use. Words. Your ability to send or transmit any information to the Site and the Service, including, but not limited to, text, photos, photos, comments, designs, data or videos, will be referred to as "Content" in this Agreement.

By using our Site, Service or any Software, you agree to these Terms of Service and the Privacy Policy. We may modify our Terms of Service or Privacy Policy and we may notify you when we do so.

If you do not agree to the Terms of Service or Privacy Policy, please stop using our Software, Site and Service immediately. Users of our Service must be 18 years of age or older. If you are under the age of 18, please stop using our Site and Service immediately.

BACKGROUND

DSDIVERS and DiversAround have developed the Site and an online booking system (the "Online Booking System") that allows people to navigate, compare and book (the "Booking") life cruise ship trips on board, accommodation and diving services directly with a service provider (the "Service Provider"), including dive packages or diving, guided tours, diving safaris, courses, rooms and equipment rental (the "Services").

By browsing, accessing and using the Site and by using the Online Booking System, you acknowledge and agree that you have read, understood and accepted these terms and conditions.

 The Parties agree as follows:

SCOPE OF SERVICE

DSDIVERS and DiversAround act solely as an intermediary between you and the Service Provider and, through the Online Reservation System, allow you to make a reservation directly with the Service Provider, and:

The reservation created through the Online Reservation System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set forth in the reservation, which include, but are not limited to, charges, costs, charges and taxes, and any cancellation or otherwise. Show charges (the "Service Provider Terms"). You are solely responsible for reading and understanding the Service Provider Terms before making a reservation.

DSDIVERS and DiversAround does not charge you for use of the Site or the Online Booking System.

The information displayed on the Site is based on information provided to DSDIVERS and DiversAround by the Service Provider (the "Service Provider Information"). The Service Provider represents that the Service Provider's information is accurate, current, and not in any way misleading. DSDIVERS and DiversAround do not warrant that the information is reliable, accurate, complete or error-free.

DSDIVERS and DiversAround does not endorse any of the Service Providers and makes no representations regarding the affordability, quality, safety or suitability of the Service Providers, or their ability to provide the Services.

The order in which information is displayed on the Site does not constitute an endorsement by any Service Provider. DSDIVERS and DiversAround may use an automatic classification process, which will be based on objective and fair criteria.

DSDIVERS and DiversAround will ask customers to comment on all aspects of the Services, and may post such revisions on the Site.

PRICING

Unless otherwise stated in the Service Provider Terms, all rates and prices listed through the Online Booking System include the cost of basic service, excluding surcharges, taxes and levies. Mandatory surcharges, taxes and levies, if any, are indicated through the Online Booking System and, in particular, during the payment process.

AVAILABILITY

The services displayed on the Site are available for booking and are subject to confirmation within 48 hours after completion of the booking through the Online Booking System, and:

For services quantified in days, the service provider agrees to provide such services in strict accordance with the dates specified in the reservation.

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 receipt of the reservation request. In the event that Service Provider has limited availability during the date range specified in the reservation, Service Provider agrees to notify you immediately of availability on specific dates within the date range so that you can plan accordingly or make alternative arrangements.

DIVERAROUND PAYMENTS

All charges, costs, charges and taxes related to the Services are paid to DiversAround in the currency indicated on the booking confirmation. Once a user makes a reservation using the Online Booking System, DiversAround will pre-authorize the user's credit card. The user's credit card will be charged 24 hours after confirmation has been obtained from the Service Provider.

CANCELLATION

The Service Provider shall clearly state its cancellation policy in the Service Provider Terms.

Cancellation and Amendments

Different cancellation policies may apply to each booking and for each booking the guest must agree to the specific booking conditions provided by the operator.

Non-presentation or early departure of a trip is considered the same as a cancellation after departure and no refund applies.

In the event of a reservation modification request, we will make every effort to assist you in finding a suitable alternative trip depending on the availability of operators.

In case of modification or cancellation with a (partial) refund, we will apply an administrative charge of 3% to cover the costs incurred on our credit card, bank transfer and/or handling, in addition to the cancellation policy as described. This fee is calculated on the total amount of the reservation. Cancellations should always be sent in writing by email (reservas@diversaround.com) to avoid misunderstandings.

The operator depends on the maintenance programs (dry dock) in his country of operation. If the boat is not seaworthy or if there are delays in the dry dock, the operator has the right to operate the same itinerary with a different boat. In this case the customers have to accept the change of boat. If the ship's standard lacks important facilities, compensation can be made, but this is not an obligation.

The operator has the right to replace the vessel and operate the same itinerary as long as the vessel offers standards similar to those of the liveaboard or cruise that was initially booked by the guest. diversaround.com will not be liable for disputes arising from the designation of a different vessel.

The operator has the right to change the cabin assignment according to the availability and condition of the cabin for use.

According to the industry standard, trips cancelled by the operator entitle you to a refund. Reduced trips entitle you to a proportional refund, delayed trips to a refund option or rescheduled trip, and extended trips have no additional charge.

BEFORE YOU TRAVEL

Make sure you meet the requirements for your nationality and entry into the country you are visiting,

Make sure your passport is valid for at least six months after the date you plan to leave the country

Dive insurance is mandatory for divers of all ages on all our trips: bring your certificate as proof

It is strongly recommended to take out a travel insurance that is appropriate for the type of dive vacation booked

Check the electrical standards (such as what plugs are used) in your destination country before you travel and bring the appropriate adapter if necessary.

Itinerary and number of dives are indicative and subject to weather and conditions: safety always comes first

The operator of the vessel is not responsible for civil unrest, terrorism, strikes, illness, epidemics, accidents, injuries, damage, loss and theft, quarantine, customs regulations, changes to flight schedules, delays, deportation or refusal of entry by immigration authorities and other circumstances beyond our control.

In the event of a change in the cruise itinerary due to a major cause there is no refund, if there would be a refund if the duration of a cruise were to change, the affected passengers will be offered a credit or refund of the cruise fare pro-rated for the number of days of reduction of the cruise itinerary that was scheduled.

In the event that a cruise is cancelled, the ship will make every effort to provide a suitable alternative including, the option to participate in another available ship.

If no alternative offered is accepted by the affected cruise passengers, the ship reserves the right to provide a refund of the amount of the cruise fare paid or not.

All divers must provide their dive certification card 

Dive computers are mandatory 

Local rates, fuel surcharges, distance rates, port fees, etc. may change without notice due to changes in government policy, changes in oil prices, etc. Changes are beyond our control and increases must be paid upon request. We will endeavor to inform you of any changes as soon as possible. A change in these rates does not give you the right to cancel the trip.

SPECIAL CIRCUMSTANCES

Service Provider reserves the right to cancel or may suggest providing Services on an alternative date in the event that weather conditions make it unsafe to provide Services on a date specified in the booking confirmation. If Service Provider is unable to deliver Services permanently as a result of acts of God, volcanic eruptions, tornadoes, tsunamis, floods, natural disasters, fires, acts of war or disturbances, Service Provider will make a commercially reasonable effort to inform Service Provider's Client without delay and will reimburse Service Provider's Client without deduction for amounts received in payment for Services. The scope of costs to be paid or reimbursed to the Service Provider's Client by the Service Provider is limited to costs directly related to the provision of Services in accordance with the reservation made through the Online Reservation System, including dives, dive packages, guided tours, diving safaris. courses, rooms, and equipment rental. The Service Provider is not responsible for costs, such as airfare, or any other costs not directly related to the provision of Services.

LIABILITY

By booking Services through the Online Booking System, you agree that you have reviewed the Service Provider's standards and requirements, including, but not limited to, minimum certification and dive experience requirements, dive 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 Agreement, Release from Liability, or Assumption of Risk forms. You are responsible for understanding and complying with the requirements and we recommend that you consult the Service Provider about the requirements before making a reservation. Failure to meet the requirements may result in your inability to use the Services, and a late cancellation fee may apply.

PROMOTIONS

DSDIVERS and DiversAround may issue promotional codes applicable to qualifying Services. Instructions on how to redeem promotional codes may vary and will be set forth in the applicable terms. DiversAround reserves the right to modify or cancel promotional codes at any time. Discounts apply only to services booked through any of the DSDIVERS and DiversAround Sites. The service provider may provide the discount directly or DSDIVERS and DiversAround will compensate you for the discount amount if the service provider charges the full price at the time of payment for services.

WAIVER

DSDIVERS and DiversAround make no warranties, representations or warranties, express, 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 shall DiversAround or its affiliated companies, directors, employees, agents or contractors (the "Representatives") be liable for any cost, loss, damage or injury (including, but not limited to, personal injury or death, punitive damages).This includes, but is not limited to, the generality of the foregoing, the cost, loss, damage or injuries associated with: viruses or harmful components in the Site software, interruption, delay or inability to use the Site or the Online Backup System, 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 service provider information; or any act or omission of the Service Provider or its directors, officers, agents, employees or contractors, including, but not limited to, all claims relating to the Service Provider's Reservation or Services.

PERSONAL USE ONLY

You agree that you will not use the Site or the Online Booking System for any purpose other than personal, non-commercial use. You will not use the information for competitive use and will not copy, publish, display, download, reproduce, resell, scrape or link to any information, content, services, products, images or software on the Site without DiversAround's written consent. You will not make any speculative, false or fraudulent bookings using the Online Booking System or attempt to advertise any service by posting comments.

INTELLECTUAL PROPERTY

DiversAround is the exclusive owner of all rights, title and interest in and to all intellectual property with respect to the Site and the Online Booking System. By posting reviews or comments, you grant DiversAround a non-exclusive right to use, reproduce and modify your revisions or comments in its sole discretion for the purpose of informing future customers. You agree that DiversAround may decide to remove your revisions or comments from the Site in its sole discretion, such as if it finds your revisions or comments offensive.

LEGAL STRUCTURE AND APPLICABLE LAW

Diversaround.com Web Portal Inc. is a company duly incorporated in accordance with international laws. These Terms and Conditions shall be construed in accordance with the laws applicable to a tour operator.