GENERAL TERMS AND CONDITIONS CONCERNING THE PROCUREMENT OF SCUBA DIVING- SAFARI-TOURS ON THE MALDIVES
These General Terms and Conditions regulate the services, rights and duties between the customer (hereafter: CUSTOMER) and the “Maldives Scuba Diving Pvt.Ltd.” m Reg C-204/2003, LuxLodge, Orchid Magu Male, Republic of Maldives (hereafter: MALDIVES LIVEABOARDS)
1.) Subject matter of the contract
Maldives Scuba Diving Pvt. Ltd. arranges as an agent under the trade name “MALDIVES LIVEABOARDS” offers for scuba diving-safari tours on the Maldives, which are carried out by external contractual service providers (operators).
2.) Services:
The services as an agent of MALDIVES LIVEABOARDS are principally by order of the respective operator/ship operator/airline, even if the issuing of the invoice takes places in their own name. Money received for the operator, therefore, can be paid back principally only with agreement of the operator.
3.) Payment terms:
A deposit of 15% of the total price is due upon conclusion of the travel contract. The remaining amount is due latest 40 days before start of travel. If the booking takes place within 40 days prior to the start of travel, the travel price is due immediately upon receipt of the written travel confirmation. In the event that MALDIVES LIVEABOARDS does not receive the total amount upon start of travel, MALDIVES LIVEABOARDS reserves the right to either deny the CUSTOMER the start of travel, or to request the remaining payments on site.
4.) Booking process:
Bookings can be made in written or oral form. Booking confirmations are only valid if confirmed in writing by MALDIVES LIVEABOARDS and a deposit was made.
a) Cancellation after partial or full payment: If the customer withdraws from the travel contract prior to the start of travel, MALDIVES LIVEABOARDS will charge for the flat rates according to the cancellation terms of the respective tour operators.
b) Price changes: If the operator introduces price increases in a legally allowed manner between travel confirmation and start of travel, the customer is obligated to pay for the difference. If the price increases exceed 5 % of the total price, the customer can withdraw from the contract within 10 days after notification of the increase without any cancellation fees.
5.) Legal representation:
A CUSTOMER, who makes bookings for himself or for a third party, is considered as the ordering party and, unless otherwise agreed, takes over the obligations resulting from order placement with MALDIVES LIVEBOARDS (payments, cancellation of the contract, etc.).
6.) Travel requirements:
The CUSTOMER has sole responsibility for compliance with the latest travel regulations. It is the CUSTOMER’S personal responsibility to clarify all questions concerning validity of the passport and visa regulations with his local authorities.
It is specifically pointed out that import of drugs, alcohol, pornography and religious material is punished extremely hard on the Maldives. Furthermore it is pointed out that export of marine animals, mussels and corals are subject of strict control and penalties. The expiration date of the passport must exceed the date of the departure date by at least 6 month.
7.) Services:
MALDIVES LIVEABOARDS will present the services to be provided by the travel operator or service provider with respect to the specifics of each placed contract to their best knowledge.
8.) Liability:
MALDIVES LIVEABOARD liability is limited to
the verifiable forwarding of notifications, declarations of intent and payments between the CUSTOMER and the arranging enterprise and vice versa (e.g. changes of agreed services and agreed price, notice of cancellation, complaints). This role as an agent is limited up to the first contact between the CUSTOMER and the operator.
If MADIVES LIVEABOARDS violates their duties as defined in the contract, they are obligated to the customer for compensation of the resulting damage unless they can not prove that they can be charged with intention or gross negligence. For breach of contract due to fault, MALDIVES LIVEABOARDS is obligated to the customer for compensation of the resulting damage only in the amount of the commission for the arranged business.
9.) Disclaimers of liability:
MALDIVES LIVEABOARDS is not liable for the delivery of their arranged or provided services. MALDIVES LIVEABOARDS must inform the customer upon travel confirmation about the company name (product name) and the address of the travel operator if the information is not provided in the brochure or on the homepage of “MALDIVES LIVEABOARDS” under http://www.maldivesliveaboards.com.
Claims for loss of services, accident and other circumstances, which make a contractual delivery of the booked services impossible, must be claimed from the operator directly and not from MALDIVES LIVABOARDS.
10.) Notifications:
All notifications and declarations of the CUSTOMER relating to the contract must be submitted in writing via mail, fax or e-mail.
11.) Subsidiary agreements:
Subsidiary agreements, including alteration of this contract, require explicit confirmation by MALDIVES LIVEABOARDS.
12.) Mutual acceptance
Both MALDIVES LIVEABOARDS and the CUSTOMER declare upon conclusion of reservations, bookings and payments, and receipt of the travel documents, these General Terms and Conditions remain as the only valid contractual regulation.
13.) Salvatorius clause
Should one of the contract clauses become invalid, the validity of the remaining provisions as a whole shall not be affected. Instead of the invalid clause, what comes closest to the economical purpose of the clause is then agreed. Place of jurisdiction and place of fulfilment, to the extent permitted by law, and in any case for bookings of non-consumers, is Male, Republic of Maldives. The agent contract is subject of the jurisdiction of the Republic of Maldives.
