Terms and Conditions
| General business conditions |
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1 conclusion of Tour-contract With the registration, the customers offer Seawolf-divers a binding contract, which can be concerned not only themselves but also a third party. The registration can be conducted per post, fax or E-Mail and be carried out by customers themselves and on behalf of all participants named on the list. The customers take full responsibility for the obligations of the contract for themselves and the other participants on the list, and carry over the separate agreements. The contract is valid as soon as it is accepted by Seawolf-Divers. The acceptance requires no certain form. Seawolf-Divers will send an invoice to the customer immediately after conclusion of the contract. This invoice is also valid as confirmation. 2 Payments A deposit of 20% should be paid by following confirmation of booking. The outstanding payment should be conducted in full at least 5 weeks before departure date, as described in the invoice, providing that the holiday is not cancelled according to the clauses 6.a) or 6.b). For any bookings which are made within 4 weeks to departure the customers are obliged to pay the full amount immediately. If the full amount has not been paid up till the agreed date, then Seawolf-Divers is uncommitted from their obligations and can demand the equivalents cancellation’s costs, unless there is a valid reason for the non-payment. 3 activities’ rearrangements and price change Changes or deviations to the services and activities in the agreed contract, which are necessary after conclusion of the contract and are not against the good faith of Seawolf-Divers, are only allowed, as far as the changes or deviations are not relevant and the whole package deal is not impaired. Guarantee claims can possibly remain unaffected, except as the changed services are liable for defects. Seawolf-Divers are obligated to inform the customers immediately about any changes or deviations to the services. If necessary, the customer will be offered a free rebooking or a cancellation at no charge. There should be a more than 5% price increase after conclusion of the contract or in the case of a considerable change to an important part of the travel arrangements, the customer can be allowed to do the cancellation at no charge, or be offered a similar alternative, if Seawolf-Divers is in a position to offer such a trip without additional costs for the customers from their bookings. 4 Cancellation by the customer, rebooking, replacement 4.1 The customers can at any time cancel the trips or services before departure date. Decisive is the date which Seawolf-Divers received the cancellation. The customer will be advised to give a cancellation in writing. If the customer withdraw the contract, or fail to show up for the trip or any of the services, so that Seawolf-Divers will demand the customers for the trip, find a replacement and cover their expenditure. With the charge of the replacement, it will be considered if they will be spared the otherwise customary expenditure for the travel services. Using the subdivision below, and depending upon the closeness to the departure date that the replacement has been found, Seawolf-Divers can perceptually proportionate the travel price as follows: • more than 30. days before departure 20 % per person • 22. - 29. days before departure 40 % per person • 15.- 21. days before departure 60 % per person • 2. - 14. days before departure 75 % per person • 24 hours before departure 100 % per person 4.2 Following booking, should the customer wish to change/rebook anything, such as the date of departure, the destination, the airport, the accommodation or the form of transportation, Seawolf-Divers can charge a rebooking fee per person. 4.3 Up till the departure, or before a trip or service begins, the customer can request that a third party take over his rights and obligations for the booking. If a third party take over the contract, he and the original customer are jointly responsible for all travel costs, and any further costs which may be then occurred. If the booking will be cancelled for reasons which Seawolf-Divers cannot be responsible for, or the customer does not appear for departure, or does not appear at the agreed time for any of the services, then these are no reasons for a rebooking, then the customer is responsible for the full travel costs. 5 Withdrawal and termination by Seawolf-Divers Seawolf-Divers can withdraw the contract for any of the following reasons before the departure date: a) Up to 2 weeks before departure. According to the travel description or the local officials specifies a minimum number of a group, if this can not be reached. In either case, Seawolf-Divers is responsible for immediately informing the customers about this prerequisite, that the journey is therefore unable to take place, and to immediately forward him the cancellation forms. The customer will immediately receive any paid deposit. If it is obviously earlier than this, that the minimum number required will not be fulfilled, then Seawolf-Divers must inform the customer immediately. b) Up to 4 weeks before departure. If all possibilities from Seawolf-Divers are exhausted, the trip would therefore be unreasonable executed, the booking amount is so less that the costs of Seawolf Divers for this trip could exceed financial limit. Seawolf-Divers would then only have the right to cancel when the circumstances, which are leading to this, have not been represented (e.g. no mistakes in the calculations) and when the customers have turned down a similar appropriate proposal. If the trip is cancelled due to this reason, then the deposit will immediately be paid back to the customer. In addition to this, Seawolf-Divers will reimburse the customer all in rate, if he doesn’t make use of any alternatives offered by Seawolf-Divers. 6 cancellation of the contract due to reasons beyond our control Following booking, should the holiday become endangered, spoilt or at risk for reasons which are beyond our control, then either Seawolf-Divers or the customer can cancel. (Namely: war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events). If the contract is cancelled, then Seawolf-Divers can demand appropriate compensation for the services, which is already brought or for those services which have yet to be taken. 7 Guarantees a) Remedy if the provided services are not according to the contract, then the customer can take remedial action. When unreasonable expenditure is involved, Seawolf-Divers can refuse. Seawolf-Divers can also offer a solution in the manner that they offer a similar service. b) Price Reduction The customer can demand a reduction in the trip price for the duration of the time in which the booked services have not been fulfilled. The trip price can be reduced by comparing the value of the original fault free condition with that of the now faulty condition. If the customers fail to report the fault, then the reduction could not be fulfilled. c) Cancellation of contract If the trip is considerably spoilt due to a fault, Seawolf-Divers Diving Centre does not offer a suitable solution with an appropriate alternative, then the customer can make a written cancellation of his booking contract within the legal requirements in his own interests and with the proven reasons. This is also the case, when due to the faults the customer has a valid reason for cancelling the trip. The period required for a solution, is only then unnecessary when it is impossible or when this has been refused by Seawolf-Divers or when the immediate cancellation of the contract for a particular reason by the customer is justified. He then owes Seawolf-Divers for the services used as part of the travel costs, if the trips or services were interests for him. d) Compensation The customer can claim compensation for unfulfilled services regardless of any reduction or cancellation, unless of course the problem has not been caused through any fault of Seawolf-Divers. 8 Co-operations responsibility The customer is committed within the legal representation that by the appearance of any problems in the services, they should help, in order to avoid any damages completely or to at least keep them to a minimum. The customer is particularly required to inform the Rep. of his complaint immediately. He is then appointed to organise a suitable solution, if this is possible. If the customer fails to report a fault, then he has no right to get any reductions. 9 Ineffectiveness of individual requirements The ineffectiveness of any parts of the contract does not mean that the whole contract is then ineffective. 10 Court of jurisdiction The customer can only sue Seawolf-Divers at their headquarters. If Seawolf-Divers sues the customer, then his place of residence is decisive, unless the complaint is against a business merchant (a merchant who has been entered as such in the commercial register) or someone who has since completing the contract, either changed his address or his usual place of residence is abroad, or either his address or usual place of residence is unknown. In this case the headquarters of Seawolf-Divers is decisive. 11 Conditions for services by which Seawolf-Divers acts as intermediary a) The following applies for travel services, hotel holidays or flights: Seawolf-Divers acts exclusively as intermediary for individual transportation (e.g. flights), other individual tourist services (e.g. Hotels ) as well as foreign organisers and other package trip organisers. In the case of a booking, then the contract for the trip/service is between the customer and the Tour Operator/Service Provider. The following conditions therefore only apply for our work in the organisation and have no influence on the conditions of the organised trip/service. In this respect, the general terms and conditions should be referred to. As far as the services are supplied by a foreign company (Service Provider, Tour Operator), it comes to the conclusion to use the foreign rights and rules for the contracts of these trips/services. The contractual duty of Seawolf-Divers is to ensure the proper arrangement of booked transportation or the booked individual tourist services. To provide the booked services as such, is not a part of the duties of Seawolf-Divers. For trips and tourist activities, which are organised by Seawolf-Divers, are valid for the rest, and a continuation of the above mentioned conditions. (These will have been identified separately as such). b) Liability of Seawolf-Divers as Agent the details about arranged transportation or arranged tourist services are concerned exclusively in the responsibility for the Service Provider in comparison to Seawolf-Divers, they present no assurance from Seawolf-Divers with regards to the customer. The liability of Seawolf-Divers extends to the careful selection of the respective Organisations or Service providers, the impeccable purchase of services including an appropriate information and the handing out of all travel documents for the customer, the forwarding of information, the professed intention and payment between the customer and the tour operators and vice versa. Seawolf-Divers is not liable for providing the organised services, which are arranged by himself from the Tour Operator/Service Provider. c) Rebooking / Cancellation of booked service the customer can withdraw the trip/service at any time before departure date, although we must point out, that the Tour Operator or Service Provider may impose a cancellation fee of up to 100% of the cost of the trip (see the appropriate terms and conditions from the Tour Operator or Service Provider). Any cancellations or rebooking can only be made through Seawolf-Divers or at the contact address of our booking centre the Tourist market which will be found on the confirmation form. The cancellation can be made by E-Mail, quoting the booking number. The rebooking of a service can only be made by cancelling the service and making a new booking, providing that the Service Provider is unable to offer the customer a cheaper alternative. Seawolf-Divers retains the right to charge their customers a handling charge of up to 25 Euro per person for any rebooking/cancellation costs which they have to process for the Tour Operators. The customer remains at liberty to prove that Seawolf-Divers have sustained little damage or no damage d) Payment of booked services Payment must be made before the departure date or at the latest when the documents are handed out for all holidays or trips organised by Seawolf-Divers. When no payment has occurred either before or at the collection of the documents, then the documentation will either not be sent or handed over. Whether and when a deposit is to be paid and how much this is, will be noted on the confirmation of booking form. By Charter tickets, the usual conditions of payment of the respective Tour Operator are valid. e) Limitation of liability by organised services for damages in connection with the organisation, alike whatever the legal justification, Seawolf-Divers can only be made responsible when these have been made with intent or has been committed in an act of culpable negligence. By general negligence Seawolf-Divers can be held responsible only for providing that by the booking a charge has been executed and a cardinal duty of the contract has been damaged; in this case the liability is restricted to the price of the trip. The limitation of liabilities is invalid for injuries of persons. f) The ineffectiveness of travel conditions by an organised service the ineffectiveness of one requirement of the organisers’ contract does not mean that the whole contract is then ineffective. The ineffectiveness of the organised travel contract does not affect the organisers’ contract g) Court of jurisdiction The customer can only sue Seawolf-Divers at their headquarters. If Seawolf-Divers sues the customer, then his place of residence is decisive, unless the complaint is against a business merchant (a merchant who has been entered as such in the commercial register) or someone who has since completing the contract, either changed his address or his usual place of residence is abroad, or either his address or usual place of residence is unknown. In this case the headquarters of Seawolf-Divers is decisive. 12 essential Information about boat diving To the same level with CMAS*/PADI-Open Water, higher level than CMAS*/PADI-Open Water or equal certification, If the last dive was dated back to one year, so that check dive will be fulfilled without cost. If the last dive was dated back more than two years, even without logbook, then the check dive is obligated to do scuba review program on the beach with cost. |
