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General Terms and Conditions of Liveaboard Diving UG

Please pay special attention to our terms and conditions which we send to all customers prior to make a booking, as with making a booking, you agree to and are bound by these terms and conditions. They apply to all package tours of Liveaboard Diving UG. They supplement the statutory provisions of §§ 651a-y BGB and Art. 250 and 252 EGBGB (Introductory Act to the BGB) and comply to them in full.


Definitions

Reservation - means one or more spaces, offered by an Operator, on board a liveaboard diving Vessel, that have been temporarily reserved by Liveaboard Diving UG on your behalf.

Booking(s) – means a reservation for you which has been confirmed by us with the Operator, and against which a payment has been made, in accordance with these General Terms and Conditions and the delivery of any other applicable terms and conditions which may be incorporated into the Booking(s) including the General Terms and Conditions of the Liveaboard Operator.

Booking Confirmation - means the electronic document that is sent to you and the operator to confirm your booking.

Booking Contact – means a person nominated at the time of Reservation(s) to act on behalf of and with the authority of, all other named persons on the Reservation(s).

Group Reservation – means a Reservation consisting of 8 spaces or more.

Guest(s) or Customer(s) - means the person or people who have booked on a trip offered by an Operator using Liveaboard Diving UG as Tour Operator or Travel Agent.

Operator - The person or company that owns and operates a liveaboard diving boat or diving business and organises the liveaboard trips (or other related products) that are offered via Liveaboard Diving UG. An operator receives guests and collects the money from the Liveaboard Diving UG, minus any commission offered to the us.

Payment(s) – means the funds from you, to us, that have been cleared on our account, for the service we have provided, using an accepted payment instrument and as set out by us within these General Terms and Conditions and on our website.

Significant Change – means an alteration to your Booking which may include, but is not limited to, a change of destination or a change of Vessel or Operator. It does not include departure or arrival delays occurring within 24 hours of the Departure Date.

We, us or our – means Liveaboard Diving UG.

You, your, yourself, the Customer or the client– means all actual and prospective customers of Liveaboard Diving UG.

 

1. Reservations and Bookings

1.1. For all booking channels (for example, directly with the organizer, by telephone, online, at our place of business, etc.) the following applies:

1.2. The basis of any offer is the tour description for the respective journey, as advertised on our website, and any additional information from Liveaboard Diving UG, as far as these are available to the customer at the time of booking.

1.3. When you make an initial Reservation request, we will ask you for a Booking Contact. The Booking Contact accepts and guarantees that they have the authority to accept these General Terms and Conditions on behalf of the whole party, in their entirety and without limitation. The Booking Contact undertakes that they have authority to act on behalf of all persons in relation to a booking. This includes accepting any communications, correspondence or notices issued, by us or the Operator, on behalf of all persons or members of the travelling party. The Booking Contact must not be younger than 18 years old. By providing a Booking Contact, and the relevant contact details, you consent to our use of these contact details in all later correspondence between you, us and the Operator.

1.4. If the content of the Reservation (pre-contractual information) sent by Liveaboard Diving UG differs from the content displayed in the advertised tour description, this is to be considered a new offer, to which Liveaboard Diving UG is bound for a period of 72 hours. A booking contract is concluded on the basis of this new offer, insofar as Liveaboard Diving UG has referred to the change and fulfilled his obligations to the customer with regard to pre-contractual information, within the binding period.

1.5. Any pre-contractual information provided by Liveaboard Diving UG regarding essential characteristics of the travel services, the travel price, any additional costs, the terms of payment, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 Number 1, 3 to 5 and 7 EGBGB) will not form part of the booking contract, if this is expressly agreed between the parties.

1.6. Upon receiving confirmation of your Reservation, the requested spaces have been reserved by us with the Operator, without charge, for a minimum period of 72 hours, on your behalf. Some operators may offer longer holding periods for a Reservation request. If you wish to continue and proceed with a booking, you will need to pay a deposit (more than 30 days before departure) or full payment (less than 30 days before departure), subject to the provisions of clause 2, within this 72 hour time period, or as specified by the operator. If no payment has been received within this time the reservation will be automatically cancelled, at no extra cost to you, and the spaces will no longer be reserved.

1.7. When we receive a payment from you for a reservation you made through our website, that reservation then becomes a booking. In making a payment, the guest offers Liveaboard Diving UG a binding contract for the completion of the travel package.

1.8. A booking contract transpires after the initial deposit, or full payment, according to clause 2, is made. Upon or immediately after conclusion of the booking contract, Liveaboard Diving UG will provide the customer with a booking confirmation Email, corresponding to the legal requirements, unless the guest is entitled to a written confirmation (in accordance with Art. 250 § 6 para. 1 sentence 2 EGBGB) because the conclusion of the booking contract occurred in the physical presence of both parties simultaneously, or outside of business premises.

1.9. Liveaboard Diving UG points out that according to the legal regulations (§ 312 Abs. 7, 312g Abs. 2 Satz 1 Nr. 9 BGB) in the case of package tour contracts which were concluded in accordance with § 651a and § 651c BGB (at a distance eg. letters, catalogues, telephone calls, faxes, e-mails, short messages (SMS), online services), there is no right of revocation of the booking contract, but only the statutory rights of cancellation and withdrawal, in particular the right of withdrawal in accordance with § 651h BGB (see also clause 5). A right of revocation exists, however, if a booking contract for travel services has been concluded outside of business premises in accordance with § 651a BGB, unless the verbal negotiations on which the contract is based were the conclusion of a previous reservation by the consumer; in the latter case there is no right of revocation.

2. Payment

2.1. Tour operators and travel agents may only demand or accept payments on the tour price before the end of the package tour, if there is an effective Insurance Policy (security certificate) in place safeguarding the customer’s money and the customer has been provided with the name and contact details of the insurance underwriter in a clear, understandable and highlighted manner.

To conclude the booking contract, a down payment of 30% (more than 30 days before departure) or full payment (less than 30 days before departure) of the travel price is due. Upon payment of the booking deposit, delivery of the security certificate will take place. With special travel, group travel or a full charter a down payment of 50% of the travel price is due to conclude the booking contract. In all cases, the final payment is due 30 days after the down payment has been made, provided that the security certificate has been issued and Liveaboard Diving UG's right of withdrawal, as stated in Section 8, can no longer be exercised. The required travel documents will be sent to the guest by e-mail, or on request by post, directly after the final payment has been made, and no later than 1 month before the start of the journey after receiving the final payment.

2.2. If the customer does not make the down payment and / or the final payment according to the agreed payment due dates, although Liveaboard Diving UG is willing and able to provide the contractual services properly, have fulfilled our statutory information obligations and no legal or contractual right of retention of the customer exists, then Liveaboard Diving UG is entitled to withdraw from the package travel contract and the customer will be charged with any relevant cancellation fees according to clause 5.

2.3. Payment of Booking with Credit Card
All trips booked at Liveaboard Diving UG can be paid conveniently and easily by credit card, or PAYPAL. We accept Mastercard, Visa, American Express and Diners Club. To take such a payment Liveaboard Diving UG requires a so-called "mandate", which allows us to charge your Paypal account  or your credit card with the price to be paid (initial and final payment). The mandate is part of the travel confirmation and travel contract acknowledged by you.

3. Changes to the content of the Booking Contract, prior to the start of travel, which do not concern the travel price

3.1. Deviations of essential characteristics of travel services from the agreed content of the booking contract, which become necessary after conclusion of the contract and were not brought about by Liveaboard Diving UG against good faith, are permitted to us before the start of the trip, as far as the deviations are insignificant and do not affect the overall layout of the trip.

3.2. Liveaboard Diving UG is obliged to inform the customer, in writing (for example by e-mail, or written letter), about significant changes in service immediately after having known about the reason for the change, in a clear, understandable and highlighted manner.

3.3. In the event of a significant change to an essential characteristic of a travel service, or a deviation from any special requirements of the guests, which had been a significant part of the booking contract, the guest is (within a specific and reasonable time limit set by Liveaboard Diving UG during notification of the change) entitled to:

• either accept the change
• or to withdraw from the package holiday contract free of charge
• or to request participation in a replacement trip, if Liveaboard Diving UG has offered such a trip.

The customer has the choice to respond, or not, to the notification of Liveaboard Diving UG. If the customer responds to Liveaboard Diving UG, he can either accept the contract modification, request participation in a replacement trip (provided this was offered), or withdraw from the contract free of charge. If the customer does not respond to Liveaboard Diving UG within the set deadline, the notified change is considered accepted. In this case, the customer must be referred to the declaration in accordance with clause 3.2. in a clear, understandable and highlighted way.

3.3.1. Changes of Service to liveaboard trips
There is no entitlement to price reduction for changes in the travel schedule, travel time and / or route taken by the local tour operator as determined by the local authorities / governments or by the captain's decisions due to natural disasters, weather conditions, diving accidents, general security conditions or other unavoidable, exceptional circumstances.

3.3.2. Half Occupancy in a Double Cabin
If the travelling participant requests half a double cabin, the Tour Operator (Liveaboard Diving UG), another travel agent (third party) or the liveaboard operator, is entitled to book another person in this cabin. Although we will try our best to accommodate guests according to specific wishes, we can not guarantee or influence allocation of a different gender sharing such a cabin.

3.4. Any warranty claims shall remain unaffected if the changed services are defective. If Liveaboard Diving UG had lower costs for the execution of the changed trip or replacement trip with the same quality, the difference is to be refunded to the customer according to § 651m Abs. 2 BGB.

4. Prices

4.1. All prices are subject to availability at the time of Reservation and cannot be guaranteed.

4.2. We receive pricing automatically via a Feed from Scubadates. The information in these feeds are controlled and inputted by the Operators themselves. In rare cases, the pricing or trip information supplied by the operator may not be up to date. Liveaboard Diving UG cannot be held responsible for price inaccuracies supplied by the Operator. In such cases, will will work with the Operator on your behalf to try and secure the advertised price or the next best possible deal.

4.3. Prices are supplied to us from our Operators in Euro or US Dollars. We conduct all our transactions, however, in Euro only. Any other prices or currencies you may choose to show via our currency switcher, including US Dollars, are made on the fly using our currency conversion tool, connected directly to the ECB (European Central Bank) and are for reference only. When you make your payment to us, the amount, in Euro, will be converted by your bank or our payment service provider, at the current rate, at the time of payment. We cannot be held liable for any slight fluctuations of the price you expected to pay when using the currency converter.

4.4. Subject to the provisions of clause 4.3, the price quoted to you on the date you confirm your Reservation and make a booking is the final price payable by you.

4.5. Any local taxes or service charges imposed by a Government or other authorities, including the operator of an airport, or which a Liveaboard Operator is obliged to collect or pay in respect of you and your Booking(s), must be paid by you locally and are not included in the price of your Booking with us. These taxes and charges may include, but are not limited to, Government imposed taxes and charges, airport taxes, costs for emissions certificates or marine park and port fees or any other charge, fee, tax, cost or similar that has or may been imposed by any party, including but not limited to the Government or relevant authority.

4.6. Where a Liveaboard Operator offers free services, it is the responsibility of the Operator, and not Liveaboard Diving UG, to make all reasonable efforts to ensure that these services are available to you. We do not guarantee the provision of these services and no refunds will be due in the event that the Operator cannot fulfill his commitments.

4.7. In the event of a missed departure we will not be held responsible for any extra charges incurred by you and/or any members of your Booking Group in your efforts to embark the vessel at another port.

4.8. Changes of price, after the conclusion of a contract.

Taxes and charges can change or can be introduced without our influence after your Booking(s) has been made. If deemed necessary, Liveaboard Diving UG can increase the travel price after conclusion of the booking contract only in very specific circumstances, as according to german law § 651f (4) BGB, (eg kerosene price, foreign exchange costs, taxes). Price changes after the conclusion of the booking contract are only permissible if there are more than four months between the conclusion of the contract and the agreed travel beginning and the circumstances leading to the increase were unforeseeable for Liveaboard Diving UG before the conclusion of the booking contract. If such alterations to taxes and/or charges are made after you have receiving your Booking Confirmation from us, these charges must be paid by you to us, the Operator or relevant third parties and we are not liable for any extra costs or charges that might occur as a result of the change.

Conversely, the guest has the right to a price reduction if the corresponding costs decrease. In the event of a subsequent change in the travel price, Liveaboard Diving UG must inform the guest immediately. Price increases from the 20th day before the agreed departure date are ineffective. With price increases of more than 8%, the guest can withdraw from the contract. He may instead, as in the case of a cancellation by Liveaboard Diving UG, request participation on another equivalent trip of the same value, if Liveaboard Diving UG is able to offer such a trip from it’s current sortiment at no extra cost to the guest. The guest has to assert these rights immediately after the declaration of price increase/decrease by Liveaboard Diving UG.

5. Withdrawal by the guest before the begin of travel / cancellation costs

5.1. The customer can withdraw from the booking contract at any time prior to departure. The withdrawal is to be explained as soon as possible, in full, to Liveaboard Diving UG. The customer is advised to declare his withdrawal in written form, e.g. a letter or EMail.

5.2. If the customer cancels the contract before the start of the journey, or if he does not start the journey, Liveaboard Diving UG loses the right to the travel price. Instead, Liveaboard Diving UG may demand reasonable compensation if the cancellation is not our fault or if extraordinary circumstances occur which considerably impair the execution of the travel contract or the carriage of persons to the destination; Circumstances are considered unavoidable and extraordinary if they are not under the control of Liveaboard Diving UG, and their consequences could not have been avoided, even if all reasonable precautions had been taken.

5.3. The amount of the compensation is determined by the tour price less the value of the expenses saved by us and less what we acquire through other use of the travel services, which must be justified by us at the customer's request. Liveaboard Diving UG has determined the following compensation lump sums taking into account the period between the notice of withdrawal and the commencement of the journey as well as the expected savings of expenses and the expected acquisition through other uses of the travel services.  The compensation will be calculated after the date of receipt of the cancellation as follows with the respective cancellation scale:

• up to 06 months before departure 30% of the travel price
• up to 90 days before departure 50% of the travel price
• from the 89th day until departure 100% of the travel price

Some types of travel, in particular for certain scheduled and charter flights as well as many liveaboard operators, will be treated with regard to the consequences of cancellation in accordance with the principles set out in their own Terms & Conditions, deviating from the above mentioned fees, and often with stricter cancellation conditions. In these cases, special cancellation conditions can be used, which have to be announced separately, before conclusion of the contract. It is the responsibility of Liveaboard Diving UG to include these special cancellation conditions in the respective travel descriptions (website, brochures) and the travel booking enquiry or travel confirmation.

5.4. In any case, the customer shall be entitled to prove that the reasonable compensation due to Liveaboard Diving UG is substantially lower than the standard compensation rates demanded by Liveaboard Diving UG.

5.5. Liveaboard Diving UG reserves the right to demand a higher, individually calculated compensation instead of the aforementioned compensation flat-rate, insofar as Liveaboard Diving UG can prove that significantly higher expenses were incurred, than the respectively applicable standard rate. In this case, Liveaboard Diving UG is obliged to quantify and substantiate the required compensation taking into account the saved expenses, and any purchases made through the booking of any other travel services.

5.6. If Liveaboard Diving UG is obliged to refund the travel price as a result of a cancellation, we must immediately, and in all cases within 14 days after receipt of the declaration of cancellation, pay the refund amount.

5.7. The legal right of the customer according to § 651e BGB to demand from the tour operator (by notification on a permanent data carrier) that a third party takes over the rights and obligations of the package tour contract, instead of the customer, remains unaffected by the above conditions. Such a declaration is in any case timely if it reaches the us 30 days before the start of the trip.

6. Changes to bookings / replacement persons

6.1. After conclusion of the contract, the customer is not entitled to any changes to the travel date, destination, place of departure, accommodation or mode of transport (rebooking).

This does not apply if a rebooking is necessary because the tour operator has not provided the traveller with any information, insufficient information or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking is possible free of charge.  If in all other cases a rebooking is made at the customer's request, the tour operator may charge a rebooking fee.

In addition, the following applies:

In the event of a change in carriage, accommodation or travel date, the travel price for the changed services will be completely recalculated on the basis of the current valid prices and conditions at the time of change. In the case of a change within the booked liveaboard (eg change of cabin category, type of meal or occupancy of booked cabin), the price of the changed services will be re-calculated on the basis of the previous prices and conditions. Additional costs incurred by our service providers (eg airlines and liveaboard operators) will be charged separately.

For special travel, group travel or individually prepared travel, flight changes, changes of travel date, and travel destination are only possible after withdrawal from the travel contract according to the conditions in section 5.3. and must be made with a simultaneous new reservation request.

6.2. Within a reasonable period of time prior to departure, the guest can declare in writing (eg. written letter or email) that a third party is willing to enter into the travel contract on his behalf and willingly assumes the rights and obligations under the travel contract. The declaration is considered in all cases timely, if it reaches Liveaboard Diving UG at least 30 days before departure.

Liveaboard Diving UG may object to the entry of the third party, instead of the guest, if the third party does not fulfill all contractual travel requirements. If a third party replaces the registered participant, Liveaboard Diving UG is entitled to charge a flat rate of 50 € for the administration costs incurred by the replacement person. Actual additional costs incurred by service providers (eg airlines or liveaboard operators) will be charged separately. Liveaboard Diving UG must provide the guest with proof of the amount of additional costs incurred due to the arrival of the third party. The registered participant and the replacement person are jointly liable for the travel price and the costs incurred by the transfer of the contract to the replacement person.

6.3. Operator Changes
The Liveaboard Operator has the right to replace the vessel and operate the same itinerary as long as the vessel has similar standards as the liveaboard that was initially booked by you. We will not be liable for disputes arising out of the appointment of a different vessel.

6.3.1. The Operator has the right to change your cabin allocation depending on the condition and/or availability of the cabin that had been booked for you.

6.3.2. We cannot guarantee the Departure times of our Operators and they form no part of your contract with us.

6.3.3. If, after receiving confirmation of your Booking(s), the Operator finds it necessary to make an alteration to your Booking(s), we and/or the Operator will make all reasonable efforts to get in touch with the Booking Contact using the details provided to us at the time of Booking.

6.3.4. In the event that an Operator makes a Significant Change to a confirmed Booking before you travel, we cannot be held liable for such changes and we will not be liable for any other costs or expenses you have incurred in connection with your Booking(s) including but not limited to, travel insurance, additional trips, flights, hotels, transfers with other suppliers or other ground arrangements including car hire. Please refer to the Terms and Conditions of the Operator regarding refunds, rebooking and/or new arrangements in the event of a Significant Change.

7. Unused services

If the guest, for reasons attributable to himself, does not make use of any individually specified travel services for which Liveaboard Diving UG or a liveaboard operator was willing and able to carry out, he shall not be entitled to a partial reimbursement of the travel price, as far as such reasons would not have entitled him (according to legal regulations) to free cancellation or termination of the booking contract. Liveaboard Diving UG will however endeavor to reimburse any expenses saved by our service providers. This obligation does not apply if the expenses are considered to be insignificant.

8. Cancellation and termination by Liveaboard Diving UG

8.1. Liveaboard Diving UG can terminate the travel contract without notice if a guest sustainably disrupts the execution of the trip despite a corresponding warning from us or the operator. The same applies if a guest behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. However, Liveaboard Diving UG retains the right to the tour price. Any additional costs for return transport shall be borne by the person causing the disturbance himself. Liveaboard Diving UG will allow ourselves, however, to be credited with the value of saved expenses as well as those advantages which are obtained from another use of services not used, including possible reimbursements by service providers.

8.2. Liveaboard Diving UG can withdraw from the trip up to 4 weeks prior to departure if the minimum number of participants specified by a liveaboard operator is not met. Liveaboard Diving UG will of course endeavour to inform the guest, if it becomes apparent at an earlier time that the minimum number of participants can not be reached. The declaration of withdrawal will be forwarded to the guest without delay. Paid travel prices will be refunded immediately, but in any case within 14 days after receipt of the cancellation notice. A further claim for damages does not exist.

8.3. Liveaboard Diving UG may withdraw from the contract prior to departure if we are prevented from fulfilling the contract due to unavoidable, exceptional circumstances; in this case, we must declare the resignation immediately after knowledge of the reason for resignation. If Liveaboard Diving UG withdraws from the contract, he loses the claim to the agreed travel price.

8.4. If you do not arrive on time and miss the departure or disembark the vessel before the given disembarkation date, this is considered to be a cancellation and no refunds will be due.

8.5. Travel advice from the German Federal Foreign Office can be found on the Internet at www.auswaertiges-amt.de or by calling (030) 5000-2000 (German language)

9. Failure of service, remedial action and termination.

9.1. If the trip is not provided free of deficiencies, the guest can request immediate remedial action. Liveaboard Diving UG can refuse the remedial action if it is impossible or if it incurs disproportionate costs.

9.2. The guest may request a reduction of the travel price if travel services have not been rendered free of deficiencies and he has not negligently failed to report the deficiency immediately (without culpable hesitation).

9.3. As far as Liveaboard Diving UG could not remedy the situation due to a culpable omission of the notice of defects, the guest can neither assert reduction claims (according to § 651m BGB) nor claims for damages (according to § 651n BGB).

9.4. If a package tour is considerably impaired by a travel deficiency and Liveaboard Diving UG does not remedy the situation within a reasonable period, the traveller can cancel the travel contract. In his own interest and for reasons of preserving evidence, a written form is recommended. The determination of a period for the remedy is not necessary only if remedy is refused by us or if an immediate remedy is necessary. If the contract is cancelled thereafter, the customer retains the right to return transport, provided that the contract covered the carriage. He only owes Liveaboard Diving UG the part of the tour price that is attributable to the services used or still to be provided to complete the package tour.

10. Damages

10.1. In the event of a travel deficiency, the traveller may, without prejudice to the reduction of the travel price or to termination, claim damages, unless the travel deficiency
• is the fault of the traveller

• is the fault of a third party who is neither a service provider nor otherwise involved in the provision of the travel services covered by the travel contract and was not foreseeable or unavoidable for the tour operator

• was caused by unavoidable, extraordinary circumstances.

He may also claim reasonable compensation for wasted holiday time (annual holiday allowance) if the journey is prevented or significantly impaired.

10.2. Limitation of Liability
The contractual liability of Liveaboard Diving UG for damages, which are not bodily injuries, is limited to three times the tour price, insofar as damage to the customer is caused neither intentionally nor grossly negligently or insofar as Liveaboard Diving UG is responsible for damage caused to the guest solely due to the fault of a service provider.

10.3. Claims for damages due to misconduct
For all claims for damages directed against Liveaboard Diving UG resulting from unlawful acts, which are not based on intent or gross negligence, the liability for property damage is limited to the amount of three times the tour price. These maximum liability sums apply per traveller and trip. Any further claims under the Montreal Convention or the Air Traffic Act shall remain unaffected by this limitation.

10.4. Liveaboard Diving UG shall not be liable for service disruptions, personal injury and damage to property in connection with services which are merely brokered as third-party services (e.g. excursions, sporting events, visits to the theatre, exhibitions, transport services to and from the advertised place of departure and destination), if these services are expressly and clearly marked as third-party services, stating the brokered contractual partner, so that they are not part of the package tour in a way recognisable to the traveller.

A claim for damages against Liveaboard Diving UG is limited or excluded to the extent that a claim for damages against a service provider can only be asserted under certain conditions or restrictions, or is excluded under certain conditions on the basis of international conventions (or statutory provisions based on such conventions) and applicable to the services to be provided by a service provider.

§ 651b, 651c, 651w and 651y BGB remain unaffected by this. However, Liveaboard Diving UG shall be liable if and to the extent that the damage suffered by the traveller was caused by a breach of our duties to inform, explain or organise.

10.5. Participation in sports such as scuba diving and other holiday activities must be your own responsibility. Sports facilities, equipment and vehicles should be checked before use. For accidents that occur during sporting events and other holiday activities, Liveaboard Diving UG is liable only if it is our fault. Liveaboard Diving UG recommends taking out an extra an accident insurance.

10.5.5. Liveaboard Diving UG are not liable for damages that occur as part of any flight services provided by any of our affiliate merchants (see clause 12.2), we are merely acting as an affiliate or referral partner for this merchant. In the event of delays, cancellations, loss luggage etc, please refer to the merchant with whom you made the flight booking.

10.6. Contractual Obligations, Complaints

10.6.1. Every traveller is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions in order to avoid or minimise any damage.

The customer must inform Liveaboard Diving UG if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period specified by the tour operator.

Each traveller is responsible and liable for his own punctual arrival at the airport of departure, unless a delay is due to an intentional or grossly negligent breach of duty by the tour operator.

10.6.2. If, contrary to expectations, you have reason to complain, it must be reported immediately to a local representative, cruise director or ship’s management as laid out in clause 13, or to a contact person at Liveaboard Diving UG, and request remedial action. You will find the necessary telephone and fax numbers as well as e-mail addresses in your itinerary, booking confirmation or in the description of services.

Liveaboard Diving UG does not accept liability for damages, or delays in delivery, of baggage and goods for air travel. We strongly recommend reporting such incidents to the airline immediately at the airport, or at the latest within 7 days after the damage has been discovered. In the case of a baggage delay, please file a damage report (PIR) with the responsible airline no later than 21 days after the Baggage or the goods have been returned to you. Airlines usually refuse refunds if this claim has not been completed. As an extra precaution, the loss, damage or misdirection of baggage should also be reported to Liveaboard Diving UG or the local agent of Liveaboard Diving UG.

The transport of special baggage such as diving equipment, surfboards, wheelchairs, etc. is not part of the travel contract concluded with Liveaboard Diving UG. The transfer of special baggage from the airport to the hotel / accommodation / ship and the return transport  are the sole responsibility of the customer, unless otherwise agreed.

10.6.3. Tour guides or cruise directors are not allowed to agree to or negotiate liability claims. Liveaboard owners/operators are allowed to negotiate and agree to claims, if he accepts liability and if he so wishes, and arrange any damages payable to the guest at his own discretion, if the complaint or misconduct lies within his own responsibility.

10.6.4. Although we do our best to help resolve any complaints you might have, the final decision for the resolution of your complaint lies ultimately with the Liveaboard Operator, if the complaint lies within the scope of the services he has supplied. In such cases, any claims will be made in compliance with the Operator’s own Terms and Conditions. We cannot be held liable or responsible if you are not happy with the outcome of your complaint. If a complaint or dispute against an Operator results in court proceedings, the law of the country in which the Operator is registered is likely to be the governing law, as laid out in the Operators’ own Terms and Conditions.

 

11. Diving courses and sporting activities

11.1. By signing up to scuba diving courses or recreational diving activities, the guest declares that there are no medical concerns about participation in diving of any kind. During diving courses and programs the diving instructors, supervisors and dive guides are to be obeyed at all times. Violations will result in immediate exclusion without any right of reimbursement. Participants who book a non-limit diving program, or specialist diving itineraries, must have the appropriate diving experience.

11.2. The participant dives at his own risk. This also applies for other sporting activities, adventure travel or local excursions accordingly. Liveaboard Diving UG assumes no liability for the use and transport by submarines. Unused diving services will not be refunded, unless any non-use is based on an intentional or grossly negligent breach of duty by Liveaboard Diving UG.

12. Flight promotion

12.1. Operating air carrier / Community list
In the rare event that flights are booked via Liveaboard Diving UG, EU Regulations require us to inform the customer of the identity of the operating airline (of all air traffic services to be provided during the journey) at the time of booking. If at the time of booking, the operating airline is not yet determined, we are obliged to name the airline (or airlines) that will likely make the flight or flights. Once the operating airline, or airlines, is known to Liveaboard Diving UG, we must inform the customer immediately. If the airline referred to the customer as the operating airline changes, we must inform the customer about the change. We must also take all reasonable steps to ensure that the customer is informed of the change as soon as possible.

The list of EU companies banned from operating ("Black List") can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban/

12.2. Affiliate Marketing Disclosure
Liveaboard Diving UG has financial relationships with one or more merchants providing flight booking services mentioned on this site. Liveaboard Diving UG may be compensated if consumers choose to book a flight using the links located throughout the content on this site and generate sales for the said merchant. You are not obligated to click on any link or buy any products that are advertised.

13. Organised travel services / Group tours / Unaccompanied Travel

Organised travel
In the case of organised group tours, you will be looked after by a local tour guide employed by Liveaboard Diving UG; this must be explicitly stated in the relevant travel description. If the tour guide is, however, for any reason not available, there is no entitlement to a reduction of your travel price.
Unaccompanied travel
If your trip is unaccompanied, please find contact details and important phone numbers in your booking confirmation. In the case of complaints, please observe the special instructions under section 10.6.2.

14. Making claims; Addressee; Consumer Dispute / OS Platform

14.1. Claims according to § 651i Abs. 3 Nr. 2, 4-7 BGB have to be made by the customer / guest to Liveaboard Diving UG. The claim can also be made through the travel agent if the package holiday was booked through a travel agent. A claim in writing (Email or written letter) is recommended.

14.2. Liveaboard Diving UG points out that, in the light of the Law on Consumer Dispute Settlement, that it does not take part in a voluntary consumer dispute settlement. Therefore, the OS platform can not be used by our customers. If a consumer dispute settlement becomes mandatory for Liveaboard Diving UG after the travel conditions have been printed, Liveaboard Diving UG will inform the customer accordingly in a suitable manner. Liveaboard Diving UG refers to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic commerce.

15.Passport, visa and health rules and regulations

15.1. Liveaboard Diving UG provides information on our website about general passport and visa requirements as well as health formalities of the destination country, including the approximate time limits for obtaining any necessary visas prior to the conclusion of the contract and any changes that may occur prior to departure. Although we endeavour to keep this information up to date, for all nationalities, we cannot be held responsible for errors or omissions beyond our reasonable control. Liveaboard Diving UG recommends all our customers to always check with a local immigration office for the destination they are travelling to, well in advance of booking your trip.

15.2. The customer / guest is responsible for procuring and carrying the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any drawbacks arising from non-compliance with these regulations, for example the payment of cancellation fees, are charged to the customer / guest.

15.3. Liveaboard Diving UG is not liable for the timely issue of necessary visas, by the respective diplomatic representation, if the customer has entrusted him with the procurement, unless Liveaboard Diving UG has violated his own obligations. To obtain visas etc. from the competent authorities, you must expect an approximate period of about 8 weeks.

15.4. Liveaboard Diving UG requires all customers / guests to travel with a passport. If you do not have a passport and would like to know if an ID card is sufficient, you will need to inform yourself at the relevant diplomatic embassy for the destination you are travelling to. Please ensure that your passport, or ID card, is valid for the trip. Children will also need their own travel documents.

15.5. Customs and foreign exchange regulations are handled very strictly in different countries. Liveaboard Diving UG has included information on our website about the various destinations we travel to. Please inform yourself carefully, not just from our website but from a number of different sources, and strictly follow any regulations and requirements that are necessary.

15.6. Certain countries and states require specific vaccination certificates that are not younger than 8 days and not older than 3 years (smallpox) or 10 years (yellow fever). Such vaccination certificates can also to be necessary when returning to your own country from some other countries (eg Africa, Middle East). Liveaboard Diving UG provides health and vaccine information about your chosen destination, to the best of our knowledge, before and during the reservation and booking process.

We strongly recommend, however, that customers consult a qualified travel physician about current and up to date regulations of the country you are visiting. Vaccinations must be personalized according to the individual traveler’s immunization history, the countries to be visited, the type and duration of travel, and the amount of time available before departure. Ideally, the health care provider should be consulted 2 to 3 months in advance of travel in order to allow sufficient time for optimal immunization schedules to be completed.

15.7. If a Liveaboard Operator, or the Cruise Director on board your boat, is unsure as to your fitness to scuba dive, you may be required to undergo a medical examination locally. Any costs for such an examination must be paid locally by you, are not included in the travel price and we cannot be held liable for them.

15.8. If you already hold a diving medical certificate you should take this with you on your Holiday and present it to the Operator on request.

15.9. If you are 28 weeks pregnant (or more), we do not recommend that you participate in a Holiday on board a liveaboard diving vessel and you certainly should not be diving. Due to restrictions imposed by airlines, if you are 32 weeks pregnant (or more) you will not be permitted to travel by air. Any costs incurred or forced cancellations due to pregnancy must be accepted and paid in full by you.

16. Travel Insurance

16.1. Liveaboard Diving UG recommends the conclusion of a comprehensive travel insurance package, in particular including a travel cancellation insurance (to be booked separately) as well as an insurance to cover the repatriation costs in case of accident, emergency or illness. It is also recommended to have a comprehensive Dive Travel insurance, covering the costs of Hyperbaric Chamber treatment in the unfortunate event of a diving accident. Liveaboard Diving UG assumes no liability for the loss of luggage during your travel. Remember to pack the necessary diving documents such as brevet, logbook and valid medical diving certificate.

16.2. Please ensure you have adequate Health and Holiday insurance. If you need to cancel your Holiday due to medical reasons, your Insurance should cover any charges associated with cancelling your trip. Neither Liveaboard Diving UG nor the Liveaboard Operator can be liable for costs arising from cancellation due to bad health, injury or pregnancy.

17. Conduct while on board

17.1. During your Holiday, you will be staying in close proximity to fellow guests. If you conduct yourself in an abusive, inappropriate or threatening manner or in any other way so as to make yourself objectionable to other guests or staff, the Operator may reserve the right to terminate your Holiday, forthwith and without any liability to you.

17.2. Some of the Activities offered by a Liveaboard Operator can be dangerous, in particular some diving activities. It is extremely important that you listen to the advice and guidance given by Operator staff, Dive Guides or Local Representatives. Liveaboard Diving UG will not be held liable to you if you participate in Activities that go against the advice or guidance of the Operator, Dive Guide or Local representative.

17.3. You should not participate in any Activities whilst under the influence of alcohol or any drugs. Liveaboard Diving UG will not be held liable to you if you participate in Activities whilst under the influence of alcohol or any drugs or prescribed medicine.

18. Governing Law and Jurisdiction

18.1. Unless contrary to any prevailing national or international legislation, any dispute arising out of or in connection with these General Terms and Conditions (including all non-contractual disputes) shall be subject to the exclusive jurisdiction of the German Courts.

18.2. If a complaint or dispute is made against one of our suppliers for a service they have provided, (e.g a Liveaboard Operator), results in court proceedings, the law of the country in which the Operator is registered is likely to be the governing law, as laid out in the Operators’ own Terms and Conditions.

19. Data Protection

The personal data you provide us with is electronically processed and used to the extent necessary for the performance of the booking contract. All your personal data will be processed according to German and European data protection law. Further information on the handling of your data can be found in our privacy policy at:
https://liveaboard-diving.com/privacy/

20. Contact

20.1. Your Contact Details
At the time of Booking(s), you shall provide us with a name, address, email address and telephone number of the Booking Contact.

20.2. Our Contact Details
All enquiries relating to prospective or current Reservations or Bookings, as well as after sales enquiries, should be directed to:

Liveaboard Diving UG
Winckelmann Straße 16, 50825 Köln, Germany
Or via email to: info@liveaboard-diving.com

21. About liveaboard-diving.com

The Website liveaboard-diving.com is owned and operated by:
Liveaboard Diving UG (haftungsbeschränkt)

Winckelmann Straße 16
50825 Köln
Germany

www.liveaboard-diving.com

Tax ID Nr: DE309671583, Finanzamt Köln
Business Register: Amtsgericht Köln, HRB 88831
Managing Directors: Dean Osborne, Helge Dittrich

These Terms and Conditions apply to Liveaboard Diving UG
Published on 20.05.2019
© Liveaboard Diving 2019