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TERMS & CONDITIONS

Anchor to Member T&C's


These Terms of Use ("Terms") govern your use of our website located at https://www.pelagicdivetravel.com/ (the "Site") and form a binding contractual agreement between you, the user of the Site, and Pelagic Dive Travel Pty Ltd (ACN 601 077 294) (“PDT”).

You may use the Site to find, book and pay for dive travel services (in each case called the “Trip”). PDT provides a service as an intermediary agent and charges a fee accordingly to the operator. The booking forms an agreement between you and the operator (each called a “Service Provider”). PDT does not itself operate Trips.

These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and that you agree that these terms and conditions and all communications between you and PDT together form the contract (“Contract”) between you and PDT and that you agree to be bound by the Terms. If you do not agree to the Terms, please do not use the Site.

No Contract between you and PDT exists until confirmation in writing is issued by PDT to you and any Contract created commences on the date shown on the written confirmation.

BOOKING PROCEDURE AND CONDITIONS


1. To make a booking for a Trip you must acknowledge acceptance of the Contract in the manner provided for on our Site. Service Providers have their own payment and cancellation policies. This will be clearly outlined in a two-step process on the booking. First through a pop-up window which will include the payment & cancellation policy’s which you must then authorize before moving on. Then the second will be on the final payment, with all details listed on your booking confirmation. Where the booking is made you agree to pay a deposit as required by the Service Provider of the Trip which is to be booked through the Site. If the departure of the Trip is to occur within the cancellation period, you must pay the full price.


The following is an example of a Service Provider’s booking policy:

Upon booking: you must pay a 10% deposit, and
(i) 120 days before departure, you must make a 2nd further payment of 20% of the total booking; and
(ii) 90 days before departure, you must make full Payment: of the outstanding balance of the total booking.



2. If a booking is on a “TBA” basis (i.e., to be confirmed), your credit card will be pre-authorised with your credit card provider, then when your booking is confirmed by the Service Provider, the payment will be charged to your credit card.


3. Payments must be made by credit card or PayPal. You agree that PDT may pass on to you the cost that it incurs from its bank or credit card payment provider. For payments made by credit card, you will pay an additional charge of 2.9% for Visa and Master Card and 3% for Diners and American Express Cards and that those charges may be added to the invoice for the booking of the Trip by you. PDT may vary these charges to cover any costs that it incurs in accepting payment by credit card.


4. If having paid a deposit, you do not pay the balance of your price of the Trip within the time required by the Service Provider of the Trip, your booking of the Trip will be cancelled, and you will not then be entitled to any refund of the deposit that you have paid.


5. You agree to arrange and maintain dive accident and evacuation insurance to cover the full period of your Trip. These details will need to be uploaded into your booking and will be sent to the Trip Service Provider no later than 7 days before the date of departure. If you do not have dive accident and evacuation insurance, the Trip Service Provider will not allow you to board the vessel or undertake any in water activities and you will, for the purposes of this agreement be deemed to have given notice of cancellation of the Trip on the day of departure.


6. You must carry valid proof of citizenship and proper identification including a current Passport. You must also have and make available to PDT a current, valid scuba certification card issued by an internationally recognized SCUBA diving certification association acceptable to both PDT and the Trip Service Provider. You agree that if you are not able to provide to PDT and the Trip Service Provider with your current passport and any necessary visas and to permit PDT and the Trip Service Provider to take a scanned copy of those documents, that you will not be permitted to depart on the booked Trip. You accept that It is your responsibility to verify your necessary travel documents.

CANCELLATION POLICY

Notification of cancellation of a booking of a Trip may only be made to PDT by e-mail. The arrival date of the e-mail will be the day of cancellation.

The trip Service Provider will clearly set out their cancellation policy in their Service Provider Terms. The Service Provider will not charge a cancellation fee provided that the booking is canceled during the no-charge cancellation period as set out in the Service Provider Terms. Each provider has their own terms and this will be clearly stated for you at the time of booking. It will require you to authenticate a tick box before booking.

Pelagic Dive Travel does not charge a cancellation fee on top of any trip Service Provider cancellation fees.


The following is an example of a cancellation policy:

If you cancel your Dive Travel Package booking, the following cancellation charges will be made. If:

  • written notification of cancellation is received at our offices between the date on which you make your booking and 120 days before departure, the amount of deposit paid;
  • written notification of cancellation is received at our offices between 119 days and 91 days before departure, the cancellation charge will be 40% of the total booking per person;
  • written notification of cancellation is received at our offices less than 90 days before departure (or failure to join the Trip), then the cancellation charge will be 100% of the Dive Travel Package cost;

GENERAL TERMS & CONDITIONS

Licence to use the Site
PDT grants you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.
  • You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
  • You must not add any content to the Site:
    • unless you hold all necessary rights, licences and consents to do so;
    • that would cause you or PDT to breach any law, regulation, rule, code or other legal obligation;
    • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
    • that would bring PDT, or the Site, into disrepute; or
    • that infringes the intellectual property or other rights of any person.
  • The Site contains links to other websites as well as content added by people other than PDT. PDT does not endorse, sponsor or approve any such user-generated content or any content available on any linked website.
  • You acknowledge and agree that:
    • PDT retains complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
    • the Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
    • Intellectual Property Rights
      • Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and PDT, PDT owns all intellectual property rights in the Site.
      • By posting or adding any content on to the Site, you grant PDT a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit PDT to authorise any other person to do the same thing.
      • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  1. Warranties
    • You represent and warrant to PDT that:
      • you have the legal capacity to enter these Terms; and
      • you have complied and will continue to comply with these Terms,
  1. Liability
    • To the full extent permitted by law, PDT excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    • To the full extent permitted by law, PDT excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • You understand and acknowledge that travel in connection with and participation in the Trip is arranged at your request by PDT;
      • may involve risk and potential exposure to injury and possibly death.
      • You specifically acknowledge and recognize the potential for injury and death which can result from swimming, snorkelling, or SCUBA diving, including the malfunction of dive equipment, the natural environment, animal or sea life, currents and other changing conditions, decompression sickness, embolism or other hyperbaric injuries.
      • You realize and acknowledge that diving with compressed air, Nitrox, tri-mix, or other gases involves risks and requires specific training.
      • You certify that you have been properly trained for the breathing mixtures that you will use and understand the risks involved.
      • You also realize and acknowledge that risk and dangers may be caused by the negligence of the owner, directors, employees, contractors, subcontractors, officers or agents of PDT or the negligence or participation of other participants, contractors and/or subcontractors to PDT.
      • You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge the existence of the risks, dangers and hazards and that they are an inherent part of recreational activities and may arise during your Trip.
    • In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity and that you alone are responsible for your own activities while engaged in snorkelling, swimming or SCUBA diving. You are willingly and knowingly electing to participate in this Trip in spite of the potential risk of danger and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the Trip Service Provider, or any directors, agents, officers, employees, contractors or subcontractors of PDT.
    • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, PDT limits its liability in respect of any claim to, at its option:
    • Notwithstanding any other term of this Contract, if PDT is held or found to be liable to you for any matter relating to or arising out of, or in connection with this Contract, whether based on an action or claim in contract, equity, negligence, tort or otherwise, the amount of damages recoverable against PDT for all events, acts or omissions shall be limited in the aggregate to 10 percent of the price paid by you for the Trip.
    • Under no circumstances will PDT be liable to you for any lost profits, incidental, special, punitive or consequential damages arising out of, relating to or connected with this Contract irrespective of the cause of action.
    • The information contained in on the Site is correct to the best of our belief, but we accept no liability for any inaccuracies contained therein. Any information or advice provided by us on matters such as what marine animals can be seen, permits, visas, vaccinations, climate, clothing, baggage and suggested special equipment, is given in good faith but without responsibility on our part, and you accept responsibility for obtaining any necessary visas and travel documents required for the Trip. As a certified diver, you are aware that any marine animal may be seen in any destination at any time of year but there is no guarantee that you will see any animal.
  2. Termination
    • These Terms terminate automatically if, for any reason, PDT ceases to operate the Site.
    • PDT may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
    • The consent and licence in respect of moral rights granted in these Terms will survive any termination of these Terms.
  3. Dispute Resolution

If a dispute arises then any Disputing Party may give written notice to the other Disputing Party or Parties specifying the nature of the dispute (a “Dispute Notice”), and the following provisions of shall apply;

  • No Disputing Party may commence any proceedings on the dispute (except where the Disputing Party seeks urgent interlocutory relief) unless it has first complied with this clause.
  • If a Dispute Notice is served:
    • the Disputing Parties will each nominate one representative with authority to settle and resolve the dispute; and
    • such representatives will enter into negotiations in good faith to attempt to resolve the dispute within 5 Business Days (or such longer period as the Parties may agree) of the date of the Dispute Notice (the “Negotiation Period”).
  • In the event that the dispute remains unresolved at the end of the Negotiation Period, or an appropriate alternative dispute resolution process is not agreed, then the parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of a dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative.
  • The Resolution Institute Mediation Rules shall apply to the mediation.
  • It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
  • This clause will remain operative after the contract has been performed and notwithstanding its termination.
  • Nothing in this clause will prevent any Party from taking immediate steps to seek urgent interlocutory relief before an appropriate court.
  1. Privacy
    • PDT will not use or disclose any Personal Information for a purpose other than discharging its obligations under this agreement. LawOnline further agrees to comply at all times with the National Privacy Principles contained in Schedule 3 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as the Customer would have been required to comply had it been directly responsible for performing the act or practice concerned. PDT will take all necessary steps to protect Personal Information in its possession against misuse or loss and it will return all such information to the Customer (or if requested by the Customer, destroy or de-identify such information) upon termination or expiry of this agreement. This clause will survive the termination or expiry of this agreement.
    • For the purpose of this clause, Personal Information means information or an opinion about an individual as defined in s 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by PDT for the purposes of this agreement.
    • Notwithstanding the provisions of this clause, any likeness or image of you secured or taken during your participation in a Trip may be used by us without charge in all media (whether now existing or in the future invented) for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
    • You also agree that, if necessary, PDT may pass your contact details to any third party connected with the operation of the Trip which you have booked. You accept that international airlines are required by applicable laws to give border control agencies access to passenger data. Any information that PDT hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary or to which you may be diverted.
  2. General
    • You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
    • In the event of any conflict or inconsistency between this Agreement and any other contract, arrangement or understanding between PDT and you, or, in the event that a conflict arises in the interpretation of any such provision, this Agreement shall prevail, as between the parties. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • This Agreement is governed by the laws of the State of Queensland in Australia and each party submits to the jurisdiction of the courts of Queensland.
    • In the event of acts of God or of a public enemy, or strikes, fire, flood, natural disaster, or control exercised by any governmental entity, any of which render performance under the Contract impossible for a Party, that Party's failure based on these conditions during such period shall be excused and shall not be considered a breach under the terms of the Contract.
    • The Parties hereto agree that the terms of the Contract are reasonable; however, if any of the provisions of the Contract are held to be unenforceable, it is expressly understood and agreed between the Parties hereto that the court or agency making such determination shall be empowered to modify such provision to make it enforceable, if possible, but to the least extent necessary for that purpose, and such provision shall then be applicable in such modified form.

Information & Warnings


  1. PDT reserves the right to refuse and to cancel a reservation made by:
    1. a person under the age of eighteen (18) years of age (on the date of departure)
    2. a person not certified by an internationally recognized SCUBA diving certification association, acceptable to us or by the supplier.
  2. PDT advises you to purchase travel/baggage and travel cancellation insurance. A wide range of insurance policies are available to guard against accident or loss. PDT however, acts only as a sales agent and all claims and legalities must be dealt directly with the Insurance Company.
  3. Any flights forming part of or associated with the Trip arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline's liability to the passenger in accordance with international law and conventions.
  4. Airline baggage fees are additional and collected by the carrier upon check-in for your
  5. For information regarding possible dangers at international destinations, please check with your local government travel websites and relevant departments for more information.
  6. Divers and snorkelers should take all equipment consistent with their activity, with the exception of air tank and weights. Gear for hire other than air tank and weights is not available at all destinations. Scuba divers should be qualified to recognised "Open Water" standard and be medically fit to participate in scuba diving activities. Proof of qualification and fitness will be requested by on-site service providers. Qualifications should be carried. If in doubt as to qualifications or ability, you should discuss the requirements with staff at PDT. However, PDT staff are not medically qualified to answer any medical related questions.
  7. If a dive vessel or boat liveaboard has been booked as part of the Trip you agree to respect the rules of the Service Provider and acknowledge that if the rules of the vessel or boat are broken the Service Provider has the right to deny you entry on board or to prohibit you from undertaking diving activities.
  8. If for any reason you are delayed in transit and fail to reach a dive vessel or boat liveaboard by the scheduled time of departure of the Trip, you will be responsible for all costs involved in catching up with the boat (should this be possible to arrange locally), staying at onshore accommodations, alternative diving arrangements etc. We advise you to travel at least a day early and have an extra day on land before the day of the return flight.
  9. A no-show for the departure shall be deemed a cancellation and the cancellation policy will apply.

PELAGIC DIVE TRAVELS MEMBERS AREA


A community of scuba diving enthusiasts dedicated to sharing the wonders of our underwater world. Through the use of this area, we want to provide an informative place which is friendly, safe and informative.

When posting, sending messages or uploading, you agree to abide by the following:

TERMS OF SERVICE (TOS)

Pelagic Dive Travel Members Area, is a friendly forum (interactive computer service) based on mutual respect. All user-generated content are the opinions of their respective authors and do not necessarily reflect the views of Pelagic Dive Travel(PDT). PDT is not responsible for posts' content, authenticity or accuracy, PDT retains copyright privileges to all user-generated content. PDT also reserves the right to edit, remove, or retain any post.

The Moderators are employees of Pelagic Dive Travel Pty Ltd and while Moderators will do their best to keep the forum civil, its impossible for them to review every post. If any post seems to violate the spirit of mutual respect, please use the "Report Post" button to notify the moderation team. The Moderators have the last word in any dispute and are responsible for interpreting the TOS. When they deem it in the best interest of Pelagic Dive Travel, they may edit or delete any content posted on the site.

They may suspend users when they deem it is necessary. 

You agree to not use the Member area, to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity or otherwise violates any laws.

All Content you submit or upload may be reviewed by staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). The booking area attached to each member is private and confidential. This information will be used only in a booking with Pelagic Dive Travel. Do not submit any Content that you consider to be private or confidential and any open posts.

We reserve the rights to remove or modify any Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the Service at any time.

You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content.

No post should exceed a "PG" rating (link). Profane, racial, bigoted, insulting or mean-spirited language is simply not allowed here and this includes any sort of harassment or cyberbullying. Sexism is a form of bigotry and is not tolerated by Pelagic Dive Travel. Content portraying anyone in a sexual or demeaning manner will be deleted. Images must be no more revealing than those found in a typical travel magazine. Threats of any sort are not tolerated and the member will be suspended. There is never sufficient reason to resort to personal attacks. If you feel that you have been attacked, please do not retaliate, instead, use the "Report Post" to notify us. Trolling posts or off-topic posts (hijacking) may be moderated or removed. 

Whilst a minor amount of off-topic posting may be overlooked, the general rule is your posts or threads must be relevant to the forum or thread in which you are posting.

Spamming or attempting to recruit our membership (by PM, Visitor Message or otherwise) other than through the authorized use of our commercial (marketplace) forums is expressly forbidden. The creation of multiple accounts for one person is prohibited.

We are dedicated to keeping our users' information private and will never sell it to a third party.


PELAGIC DIVE TRAVELS MEMBER AREA - PRIVACY POLICY

Moderators may at their discretion, remove any post which advocates unsafe diving practices as defined by the major certification agencies of the scuba diving world. Pelagic Dive Travel believes in safe diving practices but, you and you alone are responsible for your diving safety.

Membership is a privilege, and Pelagic Dive Travel reserves the right to deny service to any person with or without cause or notification. If a member who has been denied service or whose content has been moderated feels that these actions were unfair, an appeal may be sent by e-mail to infor@pelagicdivetravel.com. Each appeal will be reviewed by senior moderators who were not previously involved in the issue that led to the appealed suspension or moderation decision.

PDT reserves the right to add to or amend the TOS without any prior warning or consent from its users. By completing your registration, you agree that your Pelagic Dive Travel Member area participation will conform to any such additions or amendments to the TOS. If you do not agree to these terms, please do not register or use this Service. If you wish to close your account, please contact us at info@pelagicdivetravel.com