Please carefully read our general booking, cancellation, payment and other terms
1. Definitions
The following booking terms & conditions form the basis of your contract with Zamerdius Dive (“the Company”) of Wescom Road, Puerto Princesa City, Palawan, Philippines. Your contract will be with the Company. Your contract with the Company is made once the specified deposit has been paid and the Company has signified, in writing, its acceptance of the booking and you have been sent written confirmation by email from the Company.
These terms and conditions and the booking form will form the entire terms of the contract between the Company and the “Client” for individual booking, or the person making the booking (the lead “Client”) for group booking or boat charters, who will be deemed to agree to the booking for and on behalf of all other persons named on it. The agreement to the booking by the Client or the lead client will constitute acceptance of these conditions by all the Clients and the parties named on it and as confirmation that the lead client has authority to act on behalf of all other persons named on the form. If you have any special requests outside the services offered the Company will endeavor to assist but is not obliged to do so. These must be notified to the company in writing before booking. After booking they will be treated as an alteration and a corresponding fee will be charged (see Clause 6). Any additional costs of a special request and any additional provisions and expenses for any alteration of the tour from the original itinerary must be borne by the Client.
2. General Booking
2.1. All clients must show proof of diving certification from PADI, SSI, CMAS, or an equivalent certifying organization and be able to produce a valid logbook.
2.2. All clients must complete and sign a Liability Release and Assumption of Risk Form.
2.3. The Company is not permitted to offer any medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified Medical Practitioner before engaging in scuba diving or similar activities.
2.4. The maximum depth permitted on all Company vessels is 30 meters, 100 feet for Open Water Divers with the Deep Adventure Dive certification, Advanced Divers, Rescue Divers, Divemasters and Instructors. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 meters, 60 feet.
2.5. Technical diving limits are governed by the maximum depth permitted by the gas mix being used, and in accordance with the standards and practices of the Technical Diving Association, and/or other technical diving organizations.
2.6. The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:
- Adverse weather conditions;
- Personal illness;
- Technical or mechanical failures not arising from negligence;
- The remoteness or inaccessibility of a diving destination;
- Local custom, war, political unrest and other hostilities (regardless of whether or not war is declared);
- Acts of God (including flood, earthquake, storm, hurricane or other natural disaster); and
- Any other ensuing technical or mechanical difficulties.
No refund shall be issued for any modification or cancellation resultant from such events.
2.7. Clients who do not complete the number of dives per day as indicated in Section 8.1 for any reason whatsoever, cannot be refunded for a portion or the remainder of the tour.
2.8. All cabins shall be shared with another Client. Single occupancy is only available if Clients request and pay for a private cabin.
3. Insurance
3.1. Clients are required to secure appropriate travel insurance with a reputable insurance provider that is applicable to the activities they will be undertaking. Such insurance should provide comprehensive coverage of at least the following; diving, medical, travel, personal liability and cancellation provisions. Said insurance coverage is mandatory for all Clients aboard all boats and premises’ of the Client. The Company shall not be held responsible for any resultant financial or personal loss or injury where Clients fail to secure such insurance.
3.2. The Company shall not accept any liability for the loss or damage including, but not limited to property (luggage or dive equipment), profit, revenue or business, whilst on board the boat, nor during the transfer(s) to or from the boat or on any of The Company properties. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.
3.3. The Company shall assist in any legal investigation the Client may need to identify the responsible actor for the loss and damage of the Client’s properties. Likewise, the Client shall assist in any legal investigation the Company may need to identify the responsible actor for the loss and damage of the Company’s properties.
4. Reservations and Deposits
4.1. Deposits for Individual Bookings
All reservations must be made by electronic mail, if possible with the appropriate form that can be accessed on www.zamerdius.com, and state the tour date to which the reservation refers, the number of berths required, all passenger names and any special requirements. All prices published on the website are meant as cash prices, exclusive of any applicable charges when money is wired via bank transfer.
A deposit of 20% of the total price per person is to be sent to confirm the booking (payment details in Clause 5.5) no later than 10 days after the date the receipt of the invoice. If this booking fee is not received within the stated period of time, then your reservation is nullified and we cannot guarantee you that your required berths will be available for your desired tour.
4.2. Deposits for Boat Charters
A non-refundable deposit of 20% of the total price is to be sent to confirm booking. Another nonrefundable 20% deposit is due 90 days before the tour departure.
4.3. Payment of the Balance
Payment of the balance for individual booking or boat charters must be made to The Company 45 days before departure. If full payment of the balance is not received by this date then The Company can cancel the booking and enforce cancellation policy as set out in Clause 7.
4.4. Short Notice Bookings
Full payment must be made to The Company at the time of booking if the reservation is made less than 45 days prior to departure. Please refer to payment instructions in Clause 5.5.
4.5. Payment Instructions
4.5.1. Bank Transfers
Payments can be made by transfer to our bank account in the Philippines. Account details will be provided in the corresponding invoice. Transfers should mention the tour reference and passenger(s) full name(s).
4.5.2. On Board Payment
On board payments have to be done in cash in full before departure. Only Philippine Pesos and US Dollars are accepted.
5. Alterations
5.1. It is vitally important that your requirements be clearly stated at the time of booking. If, once the booking has been accepted by the Company, you wish to make any alterations to the booking details, e.g. change of name, date, accommodation, duration etc., the company will do all it can to assist you although it is under no obligation to make any alterations other than to allow you or any member of your party who is prevented from travelling to transfer his/her booking to someone else, provided that written notice is given to the Company not less than 35 days before the departure date with full details of the transfer. The transferee(s) must satisfy all the requirements for a diving holiday as set out in these terms and conditions and the marketing materials.
5.2. The Lead Client must send a written alteration request to the Company at least 8 weeks prior to departure. You will be required to pay any additional costs arising from your alteration. However, any alterations made by you less than 8 weeks prior to departure may be treated at the company’s discretion as a cancellation and the charges set out in Clause 7 above will apply.
5.3. Any changes you wish to make to your trip once the trip has commenced are your sole responsibility. The Company will not be responsible for the additional cost of any changes you make whilst on holiday and these must be paid for by you.
5.4. If a client or lead client wishes to cancel or change a reservation in any way, it must be done by electronic mail to The Company at the following email address: cancellations@zamerdius.com
5.5. Amendment Charges
An administrative charge of 100 USD will be charged if any changes are made to your booking 90 days or less prior to departure date. Changing of a tour date will be treated as cancellation and new booking of a tour. The date that the Company receives the alterations to your booking by electronic mail or registered post will be the date used to determine whether a fee will be charged. On Saturdays, Sundays and public holidays, the next working day will count.
5.6. Substitute Passengers
If for any reason a passenger cannot make a trip that has already been booked, then the reservation can be transferred to another person. The new passenger will be subject to the contract conditions of The Company. Passenger substitution will be allowed up to 3 days, or less depending on the tour, prior to the day of departure. The Company takes no responsibility for changes to any bookings not made by The Company on behalf of the passenger (i.e. air tickets, hotel reservation etc.).
6. Booking Cancellation
6.1. If a Client wishes to cancel their tour, written notification must be given to the Company by the Client, for individual booking, or by the Lead Client, for group and boat charter booking. The date that The Company receives the alterations to the reservation by electronic mail will be the date used to determine whether a fee will be charged. On Saturdays, Sundays and public holidays, the next working day will count.
6.2. Cancellation Fee Policy for Individual Bookings
6.2.1. If the reservation is cancelled 121 days or more prior to the departure date then a 100 USD cancellation fee per person per booking will be deducted from the deposit and the remaining amount returned or credited against any future bookings.
6.2.2. The following cancellation fees are charged for cancellations within 120 days or less prior to departure:
· More than 90 days, 10% of the tour price will be deducted from the deposit.
· 90 to 46 days prior to departure, 20% of the tour price cancellation fee applies.
· 45 days or less prior to departure 100% of the tour price.
6.3. Cancellation Fee Policy for Boat Charters
· More than 90 days, 10% of the tour price cancellation fees applies
· 90 to 46 days prior to departure, 30 % of the tour price cancellation fee applies.
· 45 days or less prior to departure 100% of the tour price.
6.4. Travel Cancellation Insurance
It is highly recommended that all Lead Clients and Clients purchase travel cancellation insurance.
6.5. The Company reserves the right to cancel any trip if there are less than 5 guests. The Company will do their utmost to transfer the guest to a vessel they deem to be of equal or better standard. Alternatively, the Company may ask the guest to transfer to the date before/after the tour. In the event none of these options are possible, we will offer a full refund (allow maximum 1 week processing time).
6.6. The outstanding balance must be paid in full to the Company before the time the trip or course is due to commence. Additionally, all equipment rental fees and National Marine Park fees must be paid prior to departure. The deposit and the outstanding amount will be non-refundable where a cancellation is made less than 45 days before the trip is due to depart, or the Client is a no-show on the day of departure.
6.7. Where a cancellation was made by a Client, whose booking was taken and processed by a third party agent acting as a Lead Client, the Client must contact that Lead Client for any kind of refund. The Company will not be able to process any cancellation by, nor prepare any refund for the Client.
6.8. Where a refund is owed, the exchange rate to be used will be that as at the day of the refund itself. Any fees resultant from the refund, and/or bank transaction fees will be deducted from the refund, and paid for by the Client, not the Company.
7. Inclusions and Exclusions
7.1. Inclusions
· Accommodation in a double-bed, twin-, triple- or four-sharing cabin.
· Full board including food and drinks on board (excluding beer, spirits, wine)
· Four daily dives. On relocation tours, long passage time can reduce the number of dives available.
· Food and drinking water for 12 guests
· Service boat
· Full tanks (exceeding 180 bar) for 12 guests
· Weights and weight belts
· Transfer from the airport to the boat and back to the nearest airport only (depending on tour destination).
Note: All the dives are subject to weather conditions and transit time. Only 2 dives are allowed the day before departure for Clients flying the next day.
7.2. Exclusions
· Park Conservation Fees (These fees are subject to changes, new fees could be introduced).
· NITROX supplement (subject to availability)
· Scuba diving courses
· Diving and snorkeling gear
· Beer, wine and spirits
· Souvenirs, laundry, massage service on board, use of satellite phone
· Crew gratuities
· Domestic flights to or from the departure airport.
· Domestic airport-taxes and departure tax
· Insurance for cancellation fee
7.3. Services not specified under Clause 8.1 may be requested from the Company for additional fees and subject to local availability.
8. Diving
8.1. Proof of diving qualification by a recognized agency is compulsory. Clients must submit their diving qualifications to the dive master before diving can commence. All clients on the booking form participating in scuba diving must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetic or recent surgery and agree to discontinue diving if respiratory congestion or a head cold or any other medical condition takes place during the holiday. If the client has any medical condition contrary to these requirements he/she must produce a diving medical certificate of fitness, prior to diving. Failure to provide satisfactory diving qualifications or medical certificates will not result in any liability whatsoever on the part of the Company.
8.2. The Company makes every effort to ensure the highest standards of diving etiquette and safety. However, clients are advised that diving takes place at their own risk and they must behave in a fitting and proper manner at all times, in accordance with all recognized diving practices and procedures and take proper responsibility for their own safety. Clients are advised that certain diving sites are very remote, either by distance or time or both, from a recompression chamber.
8.3. The Company reserves the right to require to withdraw from the holiday any person whose actions or conduct is considered by the Company in its absolute discretion to be incompatible with the comfort and safety of the company’s other clients or to be offensive to them. In the event of such conduct, no liability whatsoever will be owed to that person by the Company upon withdrawal from the tour.
9. Dive Boat Charters
9.1. The Company hereby agrees to let and demise the Vessel and the Lead Client agrees to hire the Vessel on boat charter basis upon the terms and conditions and for the consideration hereinafter set forth, the said boat from the afternoon of the first day of the tour to the morning of the last day of the tour as set out in Clause 2.1 for the total sum indicated in Clause 2.1 of which shall be paid in full 7 days before boarding. Cancellations, alterations and amendments to the booking arrangements are governed under the provisions of Clauses 5, 6, and 7.
9.2. The Company warrants that Vessel, when delivered to the Lead Client, shall be in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the condition of the Vessel.
9.3. The Lead Client hereby authorizes the Company as the sole agent to perform the following services and functions on behalf of the Lead Client.
· Arrange the Charter on Motor Yacht “Zamerdius”;
· Arrange for a qualified Captain to operate the Motor Yacht;
· Arrange for crew members to provide on board services for the Charter;
· Arrange for the purchase of fuel, water and other provisions; and
· Arrange for any special equipment needed for the Charter to be aboard.
9.4. The Lead Client shall maintain Vessel in good order and condition, reasonable wear and tear excepted. The Lead Client shall not be responsible for repairs to Vessel except to the extent that the need for such repairs arises from the negligence or willful misconduct of the Lead Client, its officers, agents, employees, students, invitees or guests.
9.5. The Company agrees to furnish any necessary maintenance materials needed by the Client in order for the Lead Client to fulfill its obligation to maintain Vessel in good order and condition. The Company agrees to make any repairs needed to keep Vessel in good seaworthy condition and in compliance with all applicable laws and regulations to the extent the need for such repairs does not arise from the negligence or willful misconduct of the Lead Client, its officers, agents, employees, invitees or guests. Vessel shall be subject to inspection at any reasonable time by the Company or its agent or employee provided the Company has furnished reasonable advance written notice to the Client of its intent to make such inspection.
9.6. The Lead Client expressly agrees that the operation of said Vessel will be limited to the areas and waters of Tubbataha National Marine Park.
9.7. The Lead Client further agrees that the operation of said Vessel be limited to any areas in waters specified in any insurance policy provided pursuant to Clause 10.6, and any insurance policy which has been disclosed to the Lead Client prior to execution of this Agreement."
9.8. The Lead Client is highly recommended to secure and keep in force during the entire term of this Charter, a standard marine insurance policy including hull coverage, to full value, and protection and indemnity coverage in such form, with such carrier or carriers so as to protect the Company against any and all liability incident to the operation of the Vessel. Said protection and indemnity coverage shall not apply to liability or loss to the extent such liability or loss arises from the negligence or willful misconduct of the Company, its officers, agents or employees. Said policy or policies of insurance with respect to the negligent acts or omissions of the Lead Client, shall name the Company as an additional insured, and shall obligate the carrier or carriers to notify the Company at least 30 days prior to cancellation of or changes in said policy or policies of insurance.
9.9. The Lead Client shall indemnify, defend and hold harmless the Company, its officers, agents and employees from and against any claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of said Vessel including without limitation, claims, damages, expenses or liabilities for loss or damage to any property, or from death or injury to any person or persons, in proportion to and to the extent such claims, damages, expenses or liabilities arise from the negligence or willful misconduct of the Lead Client, its officers, agents, or employees.
9.10. The Company shall indemnify, defend and hold harmless the Lead Client, its officers, agents, and employees from and against any claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of said Vessel including, without limitation, claims, damages, expenses or liabilities for loss or damage to any property, or from death or injury to any person or persons, in proportion to and to the extent such claims, damages, expenses or liabilities arise from the negligence or willful misconduct of the Company, its officers, agents, or employees.
9.11. The Lead Client agrees that the Vessel shall be employed exclusively for research and for the sole and proper use of itself, researchers, students, and guests, during the term of this Charter. The Lead Client further agrees not to transport merchandise for hire or carry passengers for hire, or engage in any trade, or in any way violate any laws of the Philippines or of any other government within the jurisdiction of which the Vessel may be at any time during the Charter.
9.12. The Lead Client shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully-executed copy of this Charter Agreement shall be carried aboard the Vessel with the ship's papers at all times during the term of the Charter and shall be exhibited by the Lead Client to any person having business with the Vessel which might give rise to any lien. The Lead Client shall redeliver said Vessel free from any liens incurred as a result of the operation of the Vessel under this Charter Agreement, and shall indemnify and hold harmless the Company or its agent against any lien not incurred by the Company or covered by insurance arising out of the possession, use, or operation of said Vessel or by any persons aboard said Vessel by invitation of the Lead Client.
9.13. The Lead Client shall not sub-charter or assign this Charter without obtaining the consent of the Company in writing. If at any time the Lead Client fails to remedy any default with respect to any of the provisions, covenants or conditions of this Charter to be kept or performed by the Client within 90 days after notice thereof, or such additional time as is reasonably required to cure such default, the Company shall have the right to terminate this Charter by giving written notice of such termination to the Client.
9.14. The Company shall not be responsible for failure to deliver the Vessel at commencement of the Charter if such failure is caused by reasons beyond the control of the Company or by reason of said Vessel having been lost or disabled. Should such delivery not be made within one day after specified date, this Agreement may be canceled by the Client and any deposits or amounts theretofore paid on charter hire shall be returned by the Company to the Client.
10. Client’s Obligations
10.1. Where the Lead Client or Client is negligent or irresponsible, and causes any damage to, or loss of property and equipment belonging to the Company, the Lead Client or Client shall reimburse the Company in full, to the current Retail price of any loss or damage.
10.2. The Lead Client or Client undertakes to be physically, emotionally and mentally fit to participate in the activities they have signed up for. Any resultant injury or discomfort from these activities, due to any unfitness shall not be accepted as grounds for complaint or refund.
10.3. The Company may prohibit a Client’s participation on a dive(s), where they are physically, mentally or emotionally unfit to dive, demonstrate a distinct lack of respect for National Marine Park rules and regulations, handle or harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.
11. Force Majeure
11.1. The Company reserves the right to modify, delay and/or cancel diving arrangements where the remoteness or inaccessibility of the diving destination, local custom, acts of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war, political unrest and other hostilities regardless of whether war is declared, or other technical or mechanical difficulties cause the arrangements to become unsafe, perilous and/or impracticable.
11.2. Where adverse weather conditions prevail, making it dangerous or inadvisable for Clients or the boat to land on and enter port, the captain shall reserve the right to postpone sailing until more favorable conditions prevail. This may involve an adjustment to the itinerary, which may result in a cancellation of landing in a certain port, and/or the re-sequencing of island visits.
12. Trip Cancellation
12.1. The Company will refund all monies paid by the Client to the Company where the Company itself cancels a trip, other than for reasons set out in Clause 12. The Company shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those stated above.
12.2. If a Client requires emergency evacuation and the boat must return to land, the Company shall not accept any financial responsibility for any ensuing itinerary changes.
13. Changes to Brochure Description and/or Website, Changes to Rates and Transportation Costs
13.1. Changes Before Conclusion of the Contract
The Company reserves the right to make alterations and changes to brochure information, service descriptions and prices in the brochures and pricelists at any time before the time of booking. Should the necessity arise, The Company will inform the agent or individual client prior to entering the contract. The date the contract is entered is the date that a booking fee is received by The Company.
13.2. Changes to Price After the Contract has been Entered
In rare circumstances, it is possible that prices must be increased. The circumstances under which this may occur are as follows:
i. Increases in transportation costs (including fuel costs)
ii. Increases in state taxes and duties (i.e. embarkation/disembarkation fees, sales taxes etc.)
iii. Currency fluctuations.
The Company reserves the right to raise the agreed price up to 45 days prior to departure.
13.3. Itinerary and Service Changes After Booking and Before Departure
The Company reserves the right to change the itinerary and particular services if required due to unforeseen or unavoidable circumstances. The Company will make every effort to offer equivalent alternatives of a comparable standard. The Company will inform the agent or individual client of such changes at the earliest possible date and the effect they will have on price.
13.4. Government Policy Changes
National Park, Port and visa fees are subject to increase and/or be due to amendment by government policy change, and are out of the control of the company.
14. Confidentiality
The Company acknowledges that it does not own any data or research results collected or gathered by the Client, and agrees not to publish photographs on any media or use the same for advertising purposes without expressed permission of the authors and copyright holders of the materials.
15. Severability
The failure by either party to enforce one or more of the provisions in this agreement, because of the illegality, invalidity or unenforceability of that provision(s), shall not affect the validity or enforceability of any other provision(s) in the agreement.
16. Assignment
The Client shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without expressed written permission by the Company.
17. Waiver
The failure by either party to perform one or more of its obligations contained in this agreement shall not be taken as a waiver of its contractual performance of any other obligation(s) in the agreement.
18. Entire Agreement
This agreement contains all the rights and obligations of both parties relating to the subject matter herein. No other arrangements, agreements or undertakings shall be granted or implied from this agreement.
19. No Third Parties
Nothing in this agreement shall expressly or impliedly confer rights on any third party.
20. Governing Law
This contract shall be governed by, construed, and enforced in accordance with the laws of the Republic of the Philippines. Where any question or issue should arise under the agreement or any of its provisions, it shall be decided only in the courts or tribunals of the Republic of the Philippines, to the exclusion of any other courts or tribunals.
21. Judicial Relief
Should any of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount equivalent to One Hundred Percent (100%) of the amount claimed in the complaint as attorney's fees, which shall in no case be less than Fifty Thousand Pesos (Php50,000.00), Philippine Currency.