We want you to experience a fantastic diving holiday. To assure this, we set out easily understood Terms and Conditions, which you should read very carefully before finalizing your diving trip as they are part of your contract. The Terms and Conditions of the contracting travel agency apply to the entire vacation booked through them. The Terms and Conditions set out below apply specifically to your diving trip on our ship Wellenreng and should be read in conjunction with those of the contracting travel agency:
1. Services and Costs
The scope of the contracted services and total costs are as specified in your quotation and in the booking confirmation. In the event that the details in our initial offer differ from those in the booking confirmation, the latter are considered to be agreed. All verbal agreements must be confirmed in writing. The diving organizer reserves the right to change or alter particular services provided as outlined in the booking confirmation should this become necessary e.g. bad weather, provided it is not due to the diving organizer failing to act in good faith and as long as the changes or alterations are not considerable and do not negatively impact on the services of the whole diving trip as booked. In the exceptional event that such an alteration should become necessary, we will immediately advise you of the required changes to your services. However, no funds are given if you do not take advantage, either wholly or in part of particular services included in your diving trip as booked e.g. due to an early return or for any other reason. We are of course, nevertheless, prepared to try to find a mutually acceptable solution. The content of our web site is provided for general information only and without guarantee. As our valued customer, you also agree to the electronic recording and processing of your data.
The diving organizer is obliged to exercise due care and diligence as required in the normal course of doing business. We undertake, therefore, to provide the services of the diving package with the assured quality and without impairments. In the event that the diving organizer, or his assistants, culpably violates his duties under the contract, he will be obligated to recompense you for any damage incurred. No liability is assumed for items which normally are not taken along in luggage. The liability of the diving organizer is limited to the three times the price of the diving trip. The diving organizer is not liable for unsatisfactory services provided by third parties which the diving organizer merely facilities on behalf of its diving customers (e.g., excursions, tours). Every diving participant participates in the diving trip and any connected activities at his own risk and is individually and wholly responsible for his own person. He has to take the required safty precautions in particular situations, e.g., securing his person below deck and on deck, in the water and on land, putting on lifebelts or life jackets. The diving trip participant declares, furthermore, that he will forego any liability claim and any claims for compensation for damages to life, limb and property against the diving trip organizer and his employees as well as other participants on the diving tripexcept in cases of intentional misconduct or gross negligence. This also applies to damages due to participation in the diving trip as well as to all risks connected with compressed air-diving. For compressed air-diving you require a Brevet, certification or the badge, of a recognized diving organization, such as PADI. It is in your own interest to be sufficiently qualified and able to show your Brevet at all diving activities. All duties and rights of the ship’s owner, diving teacher and crew are not affected by this agreement. In the event that a dive is not advisable or dangerous to the health and the life of the diving participants or in case of danger for the ship or crew on account of bad weather, dangerous seas, acts of God, a political incident and events over which Wellenreng Dive Indonesia has no influence, the ship’s owner, the captain as well as the diving instructor may delay or cancel a diving trip on his own discretion. This applies as well during the course of a diving trip. In such an emergency all diving participants must abide by the decision of the ship’s owner, diving instructor or the captain and to follow their orders. Furthermore, during a dive and during all other activities pursued on a diving trip, any and all instructions of the diving guide and his assistants must be carried out. In the event that a participant fails to abide by such instructions, the diving guide may exclude such participant from the dive or activity. It is generally forbidden to dive alone. The participants in a dive always must stay together, dive and surface together and part again from their diving partners on returning to the starting point (beach, boat, etc.) only. This applies to assigned diving partners as well. The participants agree to observe all diving rules and security standards.
Participants must honor the maximum diving depth permitted by their Brevet or diving certification or the relevant national legal regulations. The maximum depth may not, however, under any circumstances exceed 30 meters. Any violation will lead to the exclusion from the dive and in case of recurrence of such a violation from the diving trip, without the right to reclaim the travel expenses or any part thereof. The diving organizer assumes no liability in case of theft, damage or loss of diving equipment or any other personal property. The diving participant, however, is liable for any damage to or loss of equipment that has been provided. The diving participant agrees to ascertain before every dive the proper functioning of any equipment he will use. The diving participant acknowledges that he received the provided equipment in the good condition and working order and agrees to return it in functioning order. To pursue or harpoon fish or other creatures in or under water during a dive is forbidden. Violators will be excluded from further dives.
3. Fuel surcharge
We did our best to calculate accurate rates for a charter day but in case that the price of oil is going through the roof we need to charge our guests to guarante that the trip runs. The fuel surcharge is payable on board.
- if the price for one barrel Crude Oil (Brent) rises to more than 120 USD we need to charge every guest with 100 Euro per trip.
- if the price for one barrel Crude Oil (Brent) rises to more than 130 USD we need to charge every guest with 150 Euro per trip.
- if the price for one barrel Crude Oil (Brent) rises to more than 140 USD we need to charge every guest with 200 Euro per trip.
4. National Park fees
Please be aware that the national park fees can be changed by the local government or national park offices without any advance notice prior to your trip.
5. Cancellation of the Contract by the Diving Organizer
Wellenreng Dive Indonesia reserves the right to cancel a diving trip on the grounds of force majeure (strikes, war or warlike circumstances, epidemics, natural disasters, etc.), i.e. due to unusual and unforeseeable events which we cannot influence. In the event that a diving trip is cancelled for any of the aforementioned reasons the total amount paid will be returned to you. If the diving trip you booked should have to be cut short, you will receive a proportionate refund. Changes in the diving program or diving plan do not justify a refund.
In the event that we have to cancel a diving trip due to the unlikely event of too low participation with only 4 participants the diving trip is guaranteed you will be informed as soon as possible. Should this occur we will provide you with an alternative offer or refund the amount paid if you so wish. There will be no refunding in addition to this. The diving organizer will be no longer obliged to fulfill the contract when, during a diving trip a diver seriously disrupts the trip by gross improper behavior despite being warned to desist by the diving guide. In this case the diving customer, if culpable, must also make good any damages incurred by the diving organizer. In the event that the diving trip or a dive is broken off by the participant himself, there will be no claim to a refund.
6. Diving Fitness
We also recommend that you have a doctor examine you to assure that you are fit to participate in diving activities before embarking on your diving trip. During the diving program the instructions of the diving instructor and attendants in charge must be followed. You will, dear diving customer, surely understand that any failure to do so will result in immediate exclusion without the right to claim a refund. Every diving customer must produce the required diving qualification. He has to present a medical certificate, indicating that his doctor has no objection to diving with compressed air. The doctor’s certificate may not be older than a year. The responsible diving teacher on the spot has the right to check the diving qualifications of the diving customer and to change the booked diving program in case of lacking diving qualifications. We emphasize once again that every diving participant will dive at his own risk.
No alcohol is permitted at least 12 hours before every dive and any medication, illness or medical condition has to be brought to the attention of the diving guide. The diving guide will make the final decision before every dive as to whether the diver is fit to dive or not. If the diver is not fit, the diving guide will exclude him/her from the dive and no claim may be made in this case for any compensation for the missed dive.
If the diving trip is arranged without the cooperation of a travel agency, the following Terms and Conditions are also considered as agreed:
- Within 10 working days after conclusion of the contract a deposit of 30% of the total price has to be made.
- 180 days prior to the trip another deposit of 20% of the total price has to be made.
- The balance must be deposited into our account at the latest 90 days before departure.
Please keep in mind that occasional lengthy transfer durations should be taken into account. If, however, you book less than 180 days before the departure date, you have to deposit 50% of the total price. If, however, you book less than 90 days before the departure date, the price has to be paid immediately on receipt of the confirmation. The customer is responsible for any currency or transfer fees incurred when making payments as these are additional to the cost of the trip on the Wellenreng. Any deposit made is not refundable.
9. Customer’s Withdrawal from the Contract
Customers are entitled to cancel their contract before embarking upon the booked diving trip. Cancellations must be in writing and delivered by registered mail; In the event of a cancellation we must, unfortunately, charge as compensation for measures already taken and costs incurred at the following flat rates:
- more than 180 days before departure: 30% of the total price
- 180 – 91 days prior to the departure: 50% of the total price
- 90 – 0 days prior to the departure: 100% of the total price
The date of cancellation is defined as the time the letter is received at Wellenreng Dive Indonesia. If diving customer fails to appear at departure time because he is unwilling to travel or when prevented from doing so by misadventure, a 100% cancellation fee has to be paid. In the event that essential elements of the concluded contract will (have to) be changed by Wellenreng Dive Indonesia, the customer is entitled to withdraw from the contract at no cost to himself. We undertake to inform you immediately of any changes to the contract as well as of your choice to either withdraw from the contract or accept the change. Dear diving customer you then have 18 days to communicate your choice verifiably and in writing.
10. Passport, Visa and Other Regulations
Diving customers bears sole responsibility for compliance with all applicable passport, Visa, custom, foreign currency, airport and health regulations and for the completeness of their travel documents. The diving customer bears all costs due to non-compliance with these regulations even when these regulations are changed after the booking. Minors may participate only when accompanied by an adult with parental authority. Dear diving customer, you should inform yourself in time about infection protection and vaccinations as well as other prophylactic measures.
Dear diving customer we recommend urgently that you take out travel cancellation, luggage, travel accident as well as travel health insurance.
12. Ineffectiveness of Particular Contract Terms
The ineffectiveness of particular terms of the contract does not invalidate the whole contract. We reserve the right to correct mistakes as well as print and calculation errors. Verbal agreements are effective only with our written confirmation.
Every diving participant may sue the diving organizer at his place of business. Legal proceedings are to be pursued by the diving organizer against a diving participant at the latter’s place of residence.
14. Exclusion of Claims
Each diving participant must report any shortcomings immediately to the captain on board of the diving ship. Every diving customer must, furthermore, deposit any claims on account of non-performance or performance not in keeping with the terms of the contract of any diving services in writing within a month after completion of the diving trip.
* all pictures and content are under copyright from Michael Christ & Adrian Sch?ne