GENERAL CONDITIONS

The following GENERAL CONDITIONS are the legal relationship between you or your company as a client and the company DIVING CRUISES SEYCHELLES (PTY) LTD and its representative INDIAN OCEAN YACHTING (hereinafter referred to as DC SEY) and are part of your contract with DIVING CRUISES SEYCHELLES LTD. By registering, each client acknowledges these conditions to be mandatory and applies to himself and on the person on whose behalf a registration is made.
Our Terms and Conditions can be viewed online www.diving-cruises.com. These may be subject to change.

1. PRICES

1.1 The prices quoted on any promotional material provided are not classified as a contracted price.
For contract purposes the following documentation will be provided: a detailed quotation valid for 15 days indicating what the price will or will not include and requiring confirmation by the client, a description of the services provided, a copy of these general conditions and a registration form.

1.2 DC SEY rates are calculated on a lump sum basis including a number of nights spent on site, and not necessarily a specific number of days. It is therefore possible that the first and / or last night as the first and / or last day is devoted to transportation. There shall be no refund in case of late departure and/or early return.

1.3 Depending on flight schedules, a client’s program may be shortened and / or extended. In this case, any additional charges shall be at the charge of the client.

1.4 All prices for cabin charters quoted are based on double occupancy. Price for Double Cabin for Single Use is subject to + 70% supplement or rate based on double occupancy. For Aft Cabins (Therese and Conception only) a +40% single use supplement applies.

2. BOOKINGS FOR CABIN CHARTERS

2.1. Reservations
Reservation requests are handled by mail.
Please include your name, date of the cruise, the number of places reserved, the names of the passengers and any special requests.

2.2 Your reservation is confirmed on receipt of your signed contract documents in their entirety: registration form and General Conditions sent to DC SEY / your agent reservation center via mail, accompanied with your first payment (deposit).

2.3 In case of unavailability or change by DC SEY, a non- binding new proposal shall be made to the client. If the client accepts the new proposal, it is then considered as a new registration.

2.4 Reservations passengers in addition to a confirmed cruise In the case of a cruise already confirmed; the remaining available accommodation may be reserved up to 5 days before departure.

2.5 Children aboard
Children on Cabin Charters are accepted aboard from the age of 12 years old. During the cruise we remind you that children remain the total responsibility of their parents. Parents are required to ensure that the children respect all safety procedures and do not disturb the peace and quiet of the other passengers, or the effective management of the cruise. No babysitting services are offered onboard.

2.6 Cruise departures are guaranteed with a minimum of 8 participants.

3. SERVICES INCLUDED – ITINERARY EXPLORER

3.1   Cruise Services
7 Nights Cruise – Explorer Itinerary
Embarkation on Saturday at 13:00 pm,
Disembarkation on Saturday at 8am.

3.2 Accommodation:
- A Double or Double for Single Use cabin on board. All beds are double and cannot be separated.
- A private bathroom with shower (hot / cold water) and toilet,
- Individually controlled air conditioning,
- Sheets and blanket (sheets changed twice a week) Bathroom – towels (changed twice a week),
- Deck Towels available to passengers for use on board.

3.3 Full board (meals buffet-style or set menu) including drinking water, coffee and tea.

3.4 Complimentary nominative Dives – 10 per week

3.5 Diving equipment
12 Lt aluminum tanks (Din or Int),
Weights and belts, Inflation tanks (Air).

3.6 A diving guide
3.7 A total of 6 crew members
3.8. Ancillary costs
Entrance to nature reserves (as per program Explorer),
Port taxes, Government taxes.
3.9 Other Activities: Snorkeling Fishing, Kayak, paddles free of charge.

4. SERVICES NOT INCLUDED

4.1 International flights to and from Mahé
4.2 Meals and drinks before and after boarding
4.3 Insurance for diving, cancellation, travel and repatriation
4.4 Tips for the crew
4.5 Expenditure and any personal services not mentioned in “Included Services”

5. SERVICES NOT INCLUDED – On request only

5.1 Meet and greet at Airport
Welcoming at the airport of clients by DC SEY, or one of its representatives or Agencies, will be indicated by a sign bearing the name “Galatea” unless otherwise speicified in voucher sent.

5.2 Transfers
All transfers Airport/ Hotel to and from the boat are the responsibility of the client, either organized by themselves, their tour operator, hotel or by DC SEY at their request.

5.3 Accommodation before and after the cruise
If necessary and depending on the day and time of arrival or return flight, it will be proposed a “Day-use” and / or an extra night at the expense of passengers. Clients who want DC SEY to assist in organizing their accommodation, are invited to provide the necessary information upon registration.

5.4 Beverages:
Sodas, beer, alcoholic beverages and espresso.

5.5 Rental of diving equipment:
To request at least 10 days before the boats’ departure.

5.6 Additional dives (including night dives):
Additional dives are possible depending on the request of the client, the number of participants, logistical capabilities, weather conditions, and local regulations and subject to the discretion of the skipper and captain. Any additional or extra dives shall be paid for.

5.7 All Ashore Excursions.

6. BOOKINGS FOR FULL CHARTERS (ITINERARY EXPLORER)

6.1 It is possible to charter the boat completely. In the case the conditions and price are determined on the basis of a special group offer.

6.2 Depending on availability of the boat, DC SEY guaranteed departure for groups if registration takes place up to 5 days before departure.

6.3 Cruise routes, the number and locations of dives and ashore excursions can be changed within certain limits and in accordance with the terms of DC SEY. These changes are to be requested at time of booking. However, the dates, the port of embarkation and disembarkation, and the number of nights on board, cannot be changed.

6.4. A passenger or third party who makes a reservation for other participants must ensure the obligations of their traveling parties (specifically in the respect to payment) as with their own individual obligations. The contractual obligations and general conditions are applicable to all the traveling party.

6.5 When booking for a group, the organizer agrees to take full responsibility for the proper conduct of all participants during their vacation / cruise, as well as to ensure that they have insurance in connection with the sport they want to engage in.

6.6 Group members are jointly responsible for any damage caused.

7. BOOKINGS FOR PRIVATE CHARTERS (Inner Islands, Outer Islands or outside Seychelles waters)

7.1. It is possible to charter the boat for special destinations and itineraries, outside our normal program, under the following conditions:

The additional relocation costs of the vessel are added to the cost of the vessel. This will depend on the normal program location of the vessel both before and after the reserved charter.
The price of the relocation will be communicated to the client before the deposit is made.
All quoted relocation costs must be paid at the time of the invoice.

7.2 In the event of charter for special events and / or special groups that do not require an overnight stay on board the number of persons permitted on board is to be assessed according to the needs of the event.

8. TERMS OF PAYMENT

8.1 Cabin Charters & Full Charters – Itinerary Explorer
To confirm a reservation, a deposit of 30% of the price must reach DC SEY within 10 days of receipt of invoice. After this time, DC SEY reserves the right to propose the requested cabin/boat with other passengers.

20% is payable 180 days before date of departure.
50% is payable no later than 60 days before date of departure. After this period, we reserve the right to cancel the reservation.

If the reservation is made less than 60 days before departure, full payment is due upon confirmation of booking.

8.2 Private Charters (Inner Islands, Outer Islands Charters and Special Itineraries out of Seychelles waters):

30% of the charter fees + delivery fees if applicable and additional fees upon signing of contract, 20% of the charter fees 180 days before the charter and the balance will be paid 90 days before the start day of the charter.

If the reservation is made less than 90 days before departure, full payment is due upon confirmation of booking.

9. METHODS OF PAYMENT

9.1 Bank Transfers
Bank transfers are made in euro on designated bank account (references on invoice). All bank fees are borne by sender.

9.2 Payments by credit card
A Bank fee of 5% applies to credit card payments with PayPal

9.3 Payments on board
Payments can be made both in cash and credit card. Only the following currencies are accepted: Euros, Seychelles Rupees and United States Dollars. A bank fee of +3% applies to credit card payments.

10 CANCELLATIONS

All cancellation requests must be made by mail.
Following the date of receipt of the application, cancellation penalties apply:

We highly recommend taking out a Travel insurance.

10.1 Cabin Charters & Full Charters – Itinerary Explorer

Bookings cancelled till 180 days before date of departure:30% of the total of the cruise.
Between 179 and 60 days before the boat’s departure: 50% of the total of the cruise.
Between 59 and 30 days before the boat’s departure: 75% of the total of the cruise.
Less than 30 days before the boat’s departure: 100% of the total of the cruise.
Cancellation charges also apply on transfers and hotel reservations. Hotel cancellation policies may differ from boat cancellation policy.

10.2 Private Charters : Inner Islands, Outer Islands and specific itineraries out of Seychelles waters:

Should the Charterer give notice of cancellation after signature of the Yacht Charter Agreement on or at any time before the commencement of the Charter Period some or all of the Charter Fees may be retained by DC SEY determined as follows:

After the Yacht Charter Agreement is signed but before the final instalment is due to be paid, DC SEY shall be entitled to retain the first instalment.
After any subsequent instalments are due to be paid, the DC SEY shall be entitled to retain the first instalment and any subsequent instalments due.
If any of the instalments are due to be paid but have not been paid then DC SEY shall have a claim against the Charterer for the amount so due.

11. INSURANCE

We highly recommend an insurance policy covering accidents and repatriation as well as a travel insurance.

11.1 Travel cancellation insurance protects the covered expenses in case of many unforeseen circumstances. For a fraction of the trip cost, you can alleviate the risk of losing money if something unforeseen gets in the way.

11.2 All divers should be covered by a specific diving insurance:

This insurance should take into consideration the costs involved in accident treatment including hyperbaric treatment. In the case of a diving accident, or other accident, where the accident was not caused by a service provided by DC SEY or their employees, DC SEY /your agent will not be held responsible and any requests for compensation will be refused.

The Charterer acknowledges that trip cancellation insurance to help protect you and your trip investment. has been recommended and that she/he has the choice of either subscribing or not subscribing such insurance.

12 DISABILITIES

The client by confirming the reservation through payment, certifies that he or she does not suffer from any mental or physical disability or illness that may constitute a danger to himself and / or other passengers on the boat.
DC SEY reserves the right to refuse the contracted services to a passenger presenting these risks during a charter.

13. SCUBA DIVING SAFETY

13.1 The diver accepts their responsibility to be technically capable of participating in the activity of scuba diving and fully accepts the risks associated.

13.2 The diver certifies that he/she does not have mental and/or physical disability, that will prevent him/her from taking part in the diving program during their cruise.

13.3 The diver shall be held liable for any damage caused to himself and others

13.4 It is the client’s responsibility, as a certified diver, to respect and follow the guidelines given by the guides and instructors on board, plus to follow the regulations stipulated by their certification agency.
Ignoring the directions given by the guides, or not presenting certification card, logbook or valid medical paperwork may cause a limitation or disqualification from scuba diving on the cruise.

13.5 We reserve the right, for safety reasons, and at the discretion of the boat guides, to refuse access to one/several dives if they do not have the necessary competence to participate safely.
Exclusion without compensation from certain dives with technical difficulties will be applied or can be provided an additional support and assistance at cost. No refund or compensation is due if a passenger fails to benefit of all dives offered/purchased for whatever reasons.

13.6 All divers shall sign a disclaimer prior to scuba diving during their cruise with DC SEY.

Recommendation: wait 24 hours after diving before taking the airplane.

13.7 Divers Level

Minimum AOWD (or equivalent) with more than 50 logged dives.
For OWD, or equivalent, the limitations of the certification may preclude a few dive sites. A personal dive guide can be requested at the price of 60 euro per day;
Availability to be confirmed 15 days before departure.

14 LEGISLATION IN SEYCHELLES

14.1 General

For the “recreational diving” the laws of Seychelles limits the diving at 30 meters and within the safety curve (without decompression diving).

14.2 Documents to be submitted

- A Certificate of diving level, A Logbook,
- A medical certificate of less than one year allowing the practice of diving,
- A certificate of diving insurance (such as Dan, Aqua Med etc.) in course of validity.

14.3. Suggested equipment

- A dive computer,
- A decompression buoy,
- Surface emergency visual or audible signaling device.

15. RENTAL AND USE OF EQUIPMENT

Every client is responsible for damage caused when using equipment provided by DC SEY. If equipment belonging to DC SEY or belonging to one of its suppliers is damaged or lost, DC SEY reserves the right to charge the passenger concerned.

DC SEY takes no responsibility for any personal effect belonging to a client or third party whether its lost, stolen or damaged.

16. ACCOMPANYING NON-DIVERS

16.1 All non-divers participating in aquatic activities must ensure they are in good physical condition.

16.2 The activities for non-divers involved on board will take place according to the availability of guides, logistical constraints and scheduled activities.

16.3 The supervisors may impose for reasons of safety, the use and / or wear specific equipment in relation to the activity carried on, as a snorkel vest, fins / mask / snorkel, etc. Similarly, and without compensation of any kind, it is up to the supervisors decided to regulate or not an activity and participation of non-divers to them (depending on the level of participants and the level of difficulty of activities).

17 PRICE REVISION

17.1 DC SEY rates have been determined based on economic information available at the time of their establishment. They include:
- Cost of transport (including fuel costs),
- Cost of food commodities,
- Taxes of marine parks,
- Exchange Rates.

In case of significant changes (more than 10%) in these information, DC SEY reserves the right to modify its prices up to 31 days before departure date.

18. PROMOTIONS

DC SEY can launch promotions to fill any remaining accommodation on a given cruise. Promotions do not apply to existing and confirmed bookings.

19 CHANGES

19.1. In the case of a request for change of date after booking, DC SEY may grant the request subject to availability and the tariff applicable for the period shall apply. If it is not possible for DC SEY to attend to the request, the cancellation policy will apply.

19.1.2. Replacement of a passenger if for some reason the client is unavailable to travel, they have the right in principle to transfer their cruise to another person up to 5 days before the departure date.

In this case the following conditions need to be met:
a) The person replacing you accepts to assume the contract entered into with DC SEY . The other companies involved in your voyage accept to make these changes (airline companies and hotels if applicable).
b) The person replacing you must meet all the conditions required for the voyage. (Valid passport, visa, dive level etc.)
c) The person replacing you must sign all the necessary contracts and general conditions for the voyage.
d) The person replacing you agrees to pay the balance of the voyage remaining and any additional charges, which occur due to the name change.
e) In the case of a transfer, the client transferring their voyage place must inform DC SEY by mail no later than 7 working days before the departure date, and, indicate the reason for the changes, and present the replacement participant. A new contract will be entered into with the new client in the fastest delay possible.

However, DC SEY cannot be held responsible for any other bookings made by the client or by DC SEY on his/ her behalf.

19.1.3. Changes before and/or after conclusion of contract DC SEY reserves the right to modify at any time the cruise programs, services, itineraries, and prices on all types of communication media (print and web). In this instance DC SEY /your agent will advise the client leading up to the conclusion of the contract. The validity date for the contract is based on the date of receipt of the payment deposit.

19.1.4 Change of itineraries and services DC SEY reserves the right to change the itineraries of cruises and / or certain services on a cruise for any reason it deems necessary or unavoidable circumstances (weather, safety of passengers and the boat). Any form of compensation will not be allowed.

DC SEY /your agent will notify the client as soon as these circumstances are known and also how these circumstances may have an eventual effect on the price and will make every effort to propose an equivalent alternative.

20. CHARTER CANCELLATIONS

20.1 Lack of Participants
DC SEY reserves the right to cancel a departure for any cruise, due to insufficient number of participants (less than 8 participants), the decision will be made 30 days prior to departure and clients will be informed. DC SEY will offer clients an alternative. If this does not suit them, the clients will be refunded the money they have paid but cannot claim any other compensation (flights, hotels, or any other fees). Any form of additional compensation will not be allowed.

20.2 Force majeure
DC SEY reserves the right to cancel, modify or interrupt a charter or certain services when unforeseen events are imposed on the company or when the security of the passengers and /or the boat may be compromised without the client being entitled to any compensation

These may include but are not limited to : refusal or cancellation of flight landing rights, cancellations, suspensions and deletions of a means of transport, strikes, civil or international war, political or economic disturbances, terrorist threat or activity, fire, seismic or volcanic events, natural disasters, epidemics, strikes, riots, technical problems and weather phenomena.

DC SEY assumes no responsibility for material losses and physical incidents occurring in any situation related to unforeseen events and force majeure.

In any case you will be informed by DC SEY /your agent as soon as is possible. In these particular cases, the traveller may not apply for reimbursement from DC SEY /your agent. Travelers, who have foreseen travel insurance taking these unforeseen events into consideration, may request reimbursement directly with their respective insurance company.

20.3. No show of passenger
General Conditions DC SEY apply in case of failure of the client to appear and participate in the trip / cruise purchased.
DC SEY shall not in any way compensate a client in the event of cancellation of services.
DC SEY advises clients to take out travel cancellation insurance.

20.4 Cancellation of charter caused by the behavior or state of a client DC SEY reserves the right to cancel a reservation or to disembark a client when the actions or behavior justify this action. In this case DC SEY will not reimburse any of the amounts already paid. All complaints against DC SEY will be contested.

20.5. Cancellation of charter caused by injury and / or medical reasons. In case of injury and / or medical problems occurring during the charter and requiring medical attention and/or medical evacuation of a client, all costs incurred by DC SEY shall be refunded by the client.

20.6. Damage to illness, injury or death during the cruise DC SEY disclaims all liability for damages resulting from illness, injury or death that may occur during cruise, which could be the consequences:
For transport borrowed (airplane, boat, car, bike etc.)
Accommodation before and after the cruise (hotels, lodges, etc.),
Excursions during the cruise / vacation if the necessary obligations were respected.

21 CLAIMS AND COMPLAINTS

If you have observations, complaints or requests for reimbursement, you shall contact us within 10 days of the return from your voyage.
After this time a customer shall not request a refund of any nature whatsoever.

All requests for reimbursement relating to additional services, or services invoiced but not provided, will be studied on presentation of documentation and additional information.

In case of a dispute that cannot be settled amicably, the court having jurisdiction shall be the country of registration of DC SEY.

22. USEFUL INFORMATION

Defibrillator, Oxygen and a pharmacy are available on board. However, it is recommended that passengers carry with them a small personal pharmacy, cream and other antihistamine as prescribed by a doctor, sunscreen and mosquito repellent.

22.1 Passport

A passport with a validity of at least 6 months after return date is mandatory and must be presented when passing through customs.

23 OBLIGATIONS

DC SEY has the obligation to ensure that the boat is in good working condition for the purpose of a cruise, and equipment made available to passengers are in good condition. DC SEY cannot be held responsible for the use of the equipment, if they are being mishandled or have been misused, nor is DC SEY responsible for any disagreements among passengers, crew, etc.

24 DOCUMENTATION EDITING

This current document was last updated and verified 15th April 2016
I undersigned _________________________________
Accept and approve the above General Conditions.

Date :

Signature:

Accept and approve the above General Conditions.