General Terms and Conditions for the Participation of Diving Services
Maldives - North Male Atoll - Kanifinolhu - Club Med Kanifinolhu - Indian Ocean
The following regulations apply for the participation of all diving services booked with us. For all-inclusive services the travel conditions of the tour operator apply additionally with reference to the services offered there and the surrounding General Terms and Conditions.
1. Booking of diving services / conclusion of the contract
The receipt of the booking data confirms that we accept the booking from you, subject to your fitness of taking part in diving, and consequently also that we accept the booking and reservation of the diving services. After presentation of the diving voucher we are obligated to perform the diving services you have booked and therewith to accept your contract offer, provided that you fulfil the requirements as per the particulars given below which pertain particularly to your safety.
The services offered and the extent thereof arise from the scope of supply described in the offer and the booking documents, which after an on-line reservation by mail or/and eMail you receive in advance and which you must submit with us on commencement. Any additional agreements over and above are to be made in writing and require confirmation by the agent/organizer or us. Diving packages/courses are personal and can not be shared in between several people.
3. Participation of Diving
If you are already a diver you have to present a valid and internationally recognized diving license (Brevet) and your logbook on location. If you should not have carried out any diving activity for longer than 3 month, or not have submitted a logbook, we reserve the right to carry out a refreshment dive dive with you. This refreshment dive is provided for free by Euro Divers.
4. Medical Form / Medical
4.1. Medical Form
Our customers are requested to complete and to sign a medical form before diving. In case of doubt you have to consult a doctor to get the respective certificate of medical fitness to dive. To avoid possible delays we recommend getting this certificate prior to your arrival. On your booking confirmation you will find the details about the link regarding the medical questionnaire.
If locally a valid medical certificate has to be presented which confirms your diving fitness following regulations would apply additionally
not older than 2 year(s), if you are under 40 years of age,
not older than 1 year(s), if you are 40 years of age or older.
(Basics are the Medical Examination and Assessment of Divers (MA1))
5. Diving and Health
The sport of diving is a demanding activity with physical stress. Unfortunately, if you had illnesses already beforehand or still have, you may not participate in diving courses. In principle the following always applies:
Neither alcohol or drugs may have been taken 12 hours before diving. Diving may no longer be carried out 24 hours before the start of an air flight. No diving - 24 hours before flying.
Diving under medication is to be clarified before and with the responsible physician.
6. Confirmation of Suitability for Diving
The participant declares by his/her on-line reservation and/or registration that no reasons exist to prevent participation in diving activities due to any health reasons.
7. Diving for Children
Children from the age of 8 may dive with us with permission from their parents / legal guardian. Children under the age of 18 years need the written permission from their parents / legal guardian. A precondition however is the individual evaluation locally by a certified diving instructor, who examines your child for fitness (size and fitting of the available equipment). Possible justified refusals are binding and are not open to objection. The decision of the respective diving instructor is final.
8. Special Diving Courses / Diving Routes
Special diving courses and diving routes are dependent on the number of the participating persons and on weather conditions. You will be informed of any possible necessary changes.
9. Exclusion of the Participation in Diving Services
During the diving programs the instructions of the diving instructors or/and the responsible person must be obeyed as well the safety rules. Any offence against direct instructions or safety rules will result in not being able to participate in any further diving activities without claim of reimbursement for the service.
10. Payment Conditions / Cancellations / Changes
The payment has to be made to the respective company (name) indicated in the invoice. The General Terms and Conditions indicated for payment -, change and cancellation regulations of the agent apply and must be confirmed when booking any diving services. This pre booking is only valid if pre paid prior to arrival to the given account details. In case this booking is not paid prior to arrival - the booking will automatically be cancelled on your arrival date.
11. Reimbursement of Diving Services already paid for
Diving services which for safety reasons, e.g. weather conditions, are cancelled or can not be carried out, may be scheduled again and repeated by us at a suitable date/time.. If diving services is rescheduled for safety reasons, the dates will be agreed upon locally with the participant. Changes of dates for the aforementioned reasons are not open to objection. The possibly entitled repayment of diving services already paid only exist in case of sickness after presenting a medical certificate signed by a doctor or in case of no show of the complete diving service.
In principle the participant dives and participates in diving services and possible transport services thereby connected at his/her own risk. We recommend the conclusion of a diving insurance.
13. Obligation to Co-operate
The participant is obliged to cooperate in arising defaults in the context of the legal regulations to avoid or keep possible damages small. The participant is in particular obliged to inform us of his objections immediately locally, so that we can provide for remedy, as far as this is possible.
Complaints against diving providers are to be raised at his registered office. For complaints of the diving provider against the participant the domicile of the participant is relevant, unless the complaint is directed against registered traders or persons, who changed their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time of raising the complain. In this case the registered office of the diving provider is relevant.
Corrections of mistakes as well as printing and calculation errors in brochures, on-line offers and any other offers remain reserved, as far as these were not already confirmed. Additional agreements and ancillary agreements require written confirmation by us and/or the agent.
16. Final Clause
If individual clauses of the contract with the customer including these general trading conditions should be or become totally or partly ineffective, then the validity of the remaining clauses is not thereby affected. The totally or partly ineffective clause is to be replaced by a clause, whose commercial result approaches as near as possible the ineffective clause.
25. May 2007