Introduction
This page outlines the terms of services of Dive and Cruise Limited (“Dive and Cruise Ltd.”, “Dive and Cruise”, “www.diveandcruise.com”, “www.dive-and-cruise.com”, “us”, “we”, “our”), owner of the websites including the country's extension and guarantor of the proposed services.
These terms of services are concluded with the company Dive and Cruise Limited and any of his business partners 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.
When using the websites and/or completing a reservation through Dive and Cruise Limited, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy policy). We may amend our terms of service or privacy policy and the update will be shown on this page without notification to our visitors.
If you do not agree to the Terms of Service or the Privacy Policy please cease using website and service immediately.
Scope of Service
Dive and Cruise Ltd has developed different platforms for the scuba divers and travelers in order to find a proper liveaboard for their 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 agents and they can provide us these services that we can add-on to your diving liveaboard bookings.
Dive and Cruise Ltd try to show you the widest range of diving liveaboards 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 operators 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 liveaboards 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 Dive and Cruise Ltd being aware of it. So, once again we try our best efforts to keep it updated but it can shows some mistakes.
Our booking forms on this website is for request only and doesn't book instantly book you a space on the boat. Our team of dive agents will write back to you and inform you about the availability of your chosen package and provide you the updated and confirmed infos regarding the one you chosen. Once you accept the offer with your respective dive agent from Dive and Cruise Ltd, then we will proceed to confirm your space(s) with the liveaboard operator, and send you an invoice to proceed the payment and confirm the booking.
www.dive-and-cruise.com website was our first domain 10 years ago and we updated it to represent better, and trying to offer another kind of navigation, infos and boat videos.
Definitions of Words
Agent:
Dive and Cruise Ltd. will act as the agent on behalf of the operator, thereby offering marketing and reservation services to the operator for an agreed commission rate.
Operator:
The entity that offers liveaboard diving trips, liveaboard adventure cruises or other products offered through the agent. The operator receives the guests and the money minus commission for those trips.
Diver(s) / Guest(s):
The people going on a trip offered by the operator, including if applicable the person that is making the reservation.
Package:
A liveaboard diving trip or a liveaboard adventure cruise including a place in the cabin and all features that are stated as included by the operator.
Price:
The amount of money shown to the guest on the website when making a reservation.
Lowest Price Guarantee:
This is the guarantee that Dive and Cruise Ltd gives to guests to make sure they pay the lowest price for their liveaboard diving or adventure cruise holiday online.
Availability:
The possibility to join on a liveaboard trip with space(s) left for reservation. The best way to check it efficiently is by contact us with our live chat system on all websites, send us an email, or fill the contact form.
Reservation:
Agreements between guests and operators. Dive and Cruise Ltd. facilitates this agreement and hold no responsibility for the package supplied by the operator to the diver/guest.
Cancellation Fee:
The amount charged to the guest in case a reservation is cancelled by the guest.
Special Circumstance:
An event that is beyond the control of the operator or the agent, such as international epidemic, natural disasters, political unrest, criminal attacks, acts of war etc.
Confirmation Voucher:
The voucher that is send to the guest and to the operator to confirm a reservation.
Reservations
I. Dive and Cruise Ltd provides a service as intermediary agent and charges a fee accordingly to the operator. The reservation forms an agreement between the guests and the operator. Dive and Cruise Ltd is not a party in this agreement.
II. Reservations are applied online through the website of www.diveandcruise.com, or www.dive-and-cruise.com are subject to the availability of the requested package of the operator.
III. Our service is free of charge and we will not charge you for our service or add any additional fees to the rate. Trip operators pay a commission to Dive and Cruise Ltd when you make a reservation with them through our website.
IV. Dive and Cruise Ltd is responsible for correct execution of the reservation process, but not for the packages supplied by the operator.
V. During the booking process, some personal information (for example, but not limited to passport photo copies, flight details, hotel reservations, emergency contacts etc.) is needed by Dive and Cruise Ltd to make a reservation complete. We hold the right to cancel the reservation according to the applicable booking policy for the particular booking in case this information is not supplied by the guest.
VI. Dive and Cruise Ltd will do our utmost to help our guests in need of assistance whilst on their trip, but we are in no situation responsible for such services.
VII. Dive and Cruise Ltd will do our best to help customers who are stranded in bad situations, but we are in no situation responsible for such services.
Special Requests
I. During reservation the guest can make special requests. These requests may need additional information and will be agreed upon in communication between the operator and the guest. Dive and Cruise Ltd is in no situation responsible for the availability or condition of rental gear, special dietary requests, specific extra cabin facilities, dive courses / private guide requested, special activities requested and other special requests.
II. Special dietary requests may be notified. We do advise however to limit these requests to necessary diet requirements only (e.g. due to religious beliefs or allergies). Please remember that you are participating in an adventure travel vacation that is occurring in a remote part of the world. Many of the modern conveniences, brands and pre-packaged goods we use at home are not available in remote destinations. As such, many special requests that are very specific are difficult to accommodate.
III. If guests wish to celebrate a special day such as birthday, anniversary, or other special life event please let us know during the reservation process.
Responsibility of our guests
I. By booking through our website, guests agree that they reviewed the standards and requirements of the boat operator show on official website (if not available, then you need to ask our dive agents to inform you about the requirements). 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.
II. Guests are responsible to meet the visa, health requirements to enter the country or countries where the trip is organized. You should check government website for these informations, Dive and Cruise Ltd are not entitled to provide these infos.
III. Guests are responsible for transportation to and from the mooring location of the liveaboard or cruise boat. Dive and Cruise Ltd may offer some suggestions for airlines, hotels and transfer option, but cannot be held accountable for their services.
IV. Guests are responsible for purchasing their own travel (trip cancellation) and dive insurance, ensuring its covers unforeseen circumstances and adventure travel related risks so as to be protected in case of dive/sports accidents or any unexpected events or circumstances.
V. To participate in diving activities requires certification by organizations such as PADI to make sure you have all necessary skills for safety and enjoyment during a diving trip. Guests are responsible to meet the minimum required logged dives standard of each diving trip. Guests are responsible to get relevant and appropriate training before going on any trip.
VI. Guests have to agree to respect to rules of the operator and acknowledges that if the rules of the boat are broken, the operator (or captain) has the right to deny entry on board, deny diving activities or any of the activities offered by the operator.
VII. Guests are responsible to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to their departure.
VIII. Guests should inquire about vaccination and prevention of tropical ailments with a doctor and follow their advice.
IX. If for any reason you are delayed in transit and fail to reach a liveaboard or cruise boat by the scheduled time of departure, you will be responsible for all costs involved in catching up with the boat (should it be possible to arrange this locally), staying at onshore accommodations, alternative diving arrangements etc. Dive and Cruise Ltd advise you to travel at least a day early and have an extra day on land before the day of the return flight and get covered by a travel insurance.
Lowest Price Guarantee
I. We have an agreement with our operators to get the best price available, so our guests will get the lowest price possible online at the time of booking, 100% guaranteed!
II. As liveaboard booking platforms, we MUST display the same price given by our partner - the liveaboard operators. No company is allowed to display a cheaper price to attract customer online.
III. When guest booked a trip from us, they automatically joined our loyalty programs. This will guarantee our guests get loyalty discount for their next holiday with us, even the possibility of win a contest and earn a special coupon.
IV. The lowest price guaranteed is the price you will pay to us. It will be provided to you in your invoice. And we guarantee it will be always lower than the market price, for the same services + a great team of dive agents behind you, plus an easy process with flexibility.
V. The price we show on our websites are using multi-currency application, so the price can sometimes be slightly different depends on the displayed currency.
VI. Prices and availability are accurate in most cases. In some cases, the operator may not have supplied us with the correct information on dates and availability and prices. We cannot be held responsible for that. We will do our best to ensure you will get the best price available.
VII. If you find any other website and/or agent providing lower rates, contact us directly and we will match or even beat the price. You just need to provide us the details of the other deals including a link to the website where it can be found. The deal should be for a same product (same boat, same dates, same cabins, same booking conditions, same included and excluded extras, etc.).
VIII. If the deal you found through another website and/or provides special membership rates, loyalty programs or if the other agent doesn’t display rates before you have requested them, our best price guarantee doesn’t apply. In any case we will do our best to make you an offer you cannot refuse.
Payments
I. Bookings are only valid when full payment is received.
II. A deposit payment is due within 5 - 7 days from confirmation of the reservation. The full amount may be due if the operator requires full payment or in case of a last-minute booking.
III. After payment has been received we will send a Confirmation Voucher to the email address you provided. The Voucher serves both as proof of your booking and as an invoice for your administration.
IV. Dive and Cruise Ltd holds a company bank account in Hong Kong which accepting multi-currencies (AUD, CAD, CHF, EUR, GBP, JPY, NZD, SGD, THB, USD) - We can make invoice by using your local currency if it is part of the listed currencies. (This will prevent you 2% loss from your local bank exchange).
V. Dive and Cruise Ltd holds a company bank account in the EU. It could be useful for our European guests, pay in EUR via SEPA network with no bank fees, as it is automated using IBAN+BIC with all Online Banking System in Europe. You just need to register our company in your list of Beneficiaries.
VI. Guests also can pay online by credit card (all major credit cards) and PayPal. Dive and Cruise Ltd relies on our partners for such payment and transactional services, we cannot be held responsible for their services or charges.
VII. Dive and Cruise Ltd can offer Alipay payment for our Chinese guests. Price will be converted by Alipay and charged in CNY.
VIII. Dive and Cruise Ltd also accept Digital currency payment (BTC, ETH).
IX. Dive and Cruise Ltd reserves the right to charge the costs incurred for payments that are not performed correctly (such as credit card chargebacks and or bank transfers).
IX. Any refund by Dive and Cruise Ltd will be made in the same currency as the original payment you made.
Cancellation and Amendments
I. All cancellations must need to be submitted in writing by email.
II. All cancellations made by guest to Dive and Cruise Ltd will be using the operator’s cancellation policies. Different cancellation policies may apply to each reservation and for each reservation the guest needs to agree with the specific booking conditions provided by the operator, which we include on your invoice.
III. In case of amendment or cancellation with a (partial) refund, all the exchange, credit card, bank transfer and/or handling costs incurred are the responsibility of the guest.
IV. Dive and Cruise Ltd will process the cancellation refund within 10 working days after receiving the cancellation refund from the operators. The actual time for the refund to arrive is subject to the processing time of each bank.
V. Dive and Cruise Ltd will not be able to refund any money without refunds from our partner - the operators. Therefore, we strongly recommend that all guests purchase comprehensive travel cancellation insurance prior to travel to minimize losses in the event of an accident. In the event of an accident, we will fully cooperate with our guest to apply claims from the insurance company.
VI. No show or early departure from a trip is considered to be the same as a cancellation after departure and no refund applies.
VII. In case of a booking amendment request we will do our best to help you as a guest to find a suitable alternative trip depending on availability of operators.
VIII. The operator depends on maintenance schedules (dry-dock) in their operating country. If the vessel is not in condition to sail or if there are any delays in the dry-dock, the operator has the right to operate the same itinerary with a different vessel. In this case the guests have to accept the change of vessel. If the standard of the vessel lacks important facilities compensation can be made, but this is not an obligation.
IX. The operator has the right to replace the vessel and operate the same itinerary as long as the vessel offers similar standards as the liveaboard or cruise boat that was initially booked by the guest. Dive and Cruise Ltd will not be liable for disputes arising out of the appointment of a different vessel.
IX. The operator has the right to change the cabin allocation depending on availability and the condition of the cabin for use.
XII. Should your trip be cancelled, operator policies will entitle you to a reschedule of the trip under the same conditions. Delayed trips entitle you to a trip reschedule and lengthened trips have no extra charge. Rescheduled trips are not subject to refunds.
XIII. Operator policies may change in case of Special Circumstances.
Special Circumstances
I. The operator has the right to cancel, reschedule or offer an alternative package in the event weather conditions make it unsafe to provide services at a date specified in the booking confirmation. In such case, Dive and Cruise Ltd will act in accordance with the applicable policy specified by the operator.
II. If the operator is permanently unable to provide the package as an act of God, such as international epidemic, natural disasters, political unrest, criminal attacks, acts of war etc. The operator will entitle you to a reschedule of the trip under the same conditions or provide a refund option.
III. In special circumstances, we will use commercially reasonable efforts to inform the you without delay. If there is any refund, we will not deduction any amounts collected from the operator.
Liability
I. The reservation forms an agreement between the guest(s) and the operator. Dive and Cruise Ltd or its affiliated companies, directors, employees, agents only serves as an intermediary and therefore cannot be held responsible for possible shortcomings in the operators’ performance.
II. The guest agrees to never in any case hold Dive and Cruise Ltd responsible for unforeseen circumstances. Liability waiver may need to be signed or entrance on the ship may be refused by the operator.
III. Dive and Cruise Ltd cannot be held responsible for any losses you suffer (including for example any missed flights) due to failure to allow sufficient time for your journey.
IV. Dive and Cruise Ltd cannot be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving, or any activity offered by the operator or as a result of acts or omissions of other third parties.
V. Dive and Cruise Ltd cannot be held accountable for wrong information published on partner websites.
VI. Dive and Cruise Ltd cannot be held liable for changes in vessel used by the operator, changes in cabin appointments or any other changes in how the operator chooses to execute the booked liveaboard or cruise holiday.
VII. Dive and Cruise Ltd reserve the right to amend reservations in case this is deemed necessary. This applies to the itinerary, the vessel and the cabin allocation. As long as the proposed alternative by Dive and Cruise Ltd is of similar value the reservation, considered to be valid and thus Dive and Cruise Ltd will not be liable for any disputes arising from the change of the vessel, itinerary or cabin allocation.
VIII. In case Dive and Cruise Ltd is held responsible for mistakes in the reservation services provided, the maximum liability shall not exceed the amount charged to the operator for the service provided (e.g. the commission amount).
IX. Dive and Cruise Ltd and/or the operator are not responsible and cannot be held liable for delays, changes or cancellation of service when the product cannot be executed partly or wholly owing to acts of god, political unrest as well as military or civil conflicts and terrorist activities, or due to other circumstances that are unforeseeable or beyond the operator’s’ control.
Complaints
I. As Dive and Cruise Ltd only acts as the agent, we cannot be held responsible for the quality of the service provided by the operators. In case the guest is dissatisfied with the service provided, the guest should step up to the captain immediately to communicate the complaint.
II. Dive and Cruise Ltd will do our best to channel complaints made after return into a constructive feedback for the operators to improve their services.
III. If the complaint is about the service provided by Dive and Cruise Ltd, please submit your complaints through our contact form. We will do our very best to follow-up and help you, as your satisfaction is our top priority.
IV. The original English version of these Terms of Use has been translated into other languages. In the event of a dispute about the contents or interpretation of these Terms of Use or discrepancy between the English version and any other language, the English language version to the extent permitted by law shall apply. The English version is available on our website (by selecting the English language).
For Visitors
I. 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 hot-link any information, content, services, products, images on the website without written consent from Dive and Cruise Ltd.
II. All of the information on this website is protected by copyright and cannot be duplicated, copied or used for any commercial purpose within the explicit and written consent of Dive and Cruise Ltd.
III. You will not make any speculative, false, or fraudulent booking using forms or attempt to advertise any services through posting comments or reviews.
IV. Dive and Cruise Ltd is the exclusive owner of all rights. By posting reviews or comments, you grant Dive and Cruise Ltd a non-exclusive right to use, reproduce your reviews or comments at its sole discretion for the purpose of informing future guests.
V. You agree that Dive and Cruise Ltd 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.
Dive and Cruise Ltd and his business partners are companies duly incorporated in different jurisdictions to Dive and Cruise Ltd is the one matters in accordance with the laws of Hong Kong.
Updated on 5th Nov 2022