Terms and Conditions
sivAquatics B.V. – Terms and Conditions
- sivAquatics B.V. : the company
- Participant: Any person (or parent/guardian if under 18) who is in attendance and/or participating in an activity organized by the company
- Activities including but not limited to: SeaBob tour / Hookah Diving / Snorkeling
By submitting a booking the participants represent to us that they have the authority to make the booking for themselves, their child or on behalf of a group and that they accept that the booking is subject to these ‘Terms and Conditions’. A contract exists as soon as the company issues ‘The Booking Confirmation Form’, either via email or through our ‘Online Booking Service Provider’. Participants should check the details of their booking carefully and promptly to ensure that it accurately reflects the arrangement they have requested. They should immediately inform us of any discrepancies. If participants are under 18 years, we will require their parent’s/guardian’s consent prior to them participating in any of our activities.
Activities’ prices are subject to change. However, once you have made your booking and paid the activity deposit (25% of the activity price subject to a minimum deposit of $ 50 or the price of the activity if less) against the price of your activity the price will not normally be subject to any change (invoice errors or omissions excepted). The balance of the price of the activity must be paid at least 2 weeks before the activity commencement date (or paid with order if the activity is less than 2 weeks after the booking’s date). If the balance is not paid in time, we may cancel your booked activity and retain your deposit.
Participants may cancel their activity at any time; a written notification from the ‘Lead Name in the group’ is required. Cancellations will only be accepted on payment of the cancellation charges as setout below. The following cancellation fees apply:
Less than 7 days before activity – loss of deposit
Less than 3 days before activity – 50% of price of activity
Less than 24 hours before activity – 75% of the price of activity
Less than 5 hours before activity – 100% of the price of activity
At our discretion, we may allow a forfeited deposit to be used towards an alternative activity run by us or the same activity on an alternative date. In each case, such a booking will be at the price prevailing at the time of re-booking and within 12 months from the initial activity date.
Cancellation or postponement due to circumstances
As your safety is our first concern, an activity may be cancelled, re-scheduled or curtailed by us in weather conditions which may in our view make the activity dangerous or unsafe or due to circumstances beyond our control (including staff illness). If you are unable or unwilling to accept these new dates then we will refund you the full cost of the activity less 15%.
We may also cancel, postpone or re-schedule an activity when there are not enough participants booked on the activity to make it viable. In appropriate circumstances the activity type and/or itinerary may be altered as necessary. Please contact us if in any doubt as to whether an activity can take place.
The company will not accept any liability for any other expenditure or costs incurred by prospective participants. The responsibility for obtaining relevant insurance to cover the cost of cancellation rests with the client.
Photographs & videos
The company takes photographs and/or video during sessions, which may appear on the company’s brochures, website and other (online) marketing materials.
If a participant wishes to decline permission, this should be raised with the company in writing before the session commences or be initialed on the form “ASSUMPTION OF RISK, RELEASE OF LIABILITY AND WAIVER OF CLAIMS”.
Damage by participants
All participants must comply with the safety regulations and instructions of the company’s staff.
As with other activity-based experiences, watersports activities contain an element of risk.
Participants, parents or guardians must accept that there are risks: inevitably bumps and scrapes can happen during the thrills and spills of fast moving activities. It must be understood that the participation in these activities is their decision and at their risk.
The activity leader and duty manager have primary responsibility for the safety of the participants and craft at all times and his/her decision is final. If any member of the party of participants commits an illegal or potentially dangerous act including carrying or taking of drugs during or before an activity, is under the influence of alcohol, persistently disregards the instructions of the activity leader or duty manager, or is disruptive or exhibits difficult behavior, the activity leader or duty manager reserves the right to terminate such persons’ participation in the activity. In such an event there will be no right to any refund and we reserve the right to make a claim for costs and losses incurred.
Should damage or loss to vessels, persons or equipment be caused as a result of willful damage or gross negligence by a participant, a participant under the influence of alcohol or drugs or as a result of refusal or failure to obey instructions given by the staff, then he or she will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge. Our policy provides full liability cover for third party. However we cannot be held responsible for any loss or damage to any person caused other than through our negligence or breach of contract or for damage to your property howsoever caused and we recommend that you take out appropriate insurance to cover yourselves for such uninsured losses.
Any complaint should, in the first instance, be addressed with the member of staff concerned. If they are unable to resolve the issue, the company Director is available to help ensure your experience with us is a positive one. If absence, complaints should be sent in writing to the Director of sivAquatics B.V., La Palapa Resort 28, Kleine Wereld, Curacao.