Terms & Conditions
GENERAL TERMS & CONDITIONS OF Big Ccean Dive (BOD)
GROSSMAN OPENWATER SDN. BHD.
Please take the time to read and understand the set out below prior to booking a trip with us. We strongly recommend that you carefully read all information relating to your trip on our website prior to booking to ensure that you understand the itinerary, level of comfort and physical demands of the trip you are undertaking.
- OUR CONTRACT
All bookings are made with Big Ocean Dive (BOD hereafter). By booking a trip with us in writing, by telephone, electronically (online), or in person, you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. It is also the customer’s responsibility upon receipt of an invoice/ a confirmation to check that the information on it is complete and correct. Any inaccuracies must be immediately reported to BOD. Costs resulting from a failure to report shall be borne by the customer.
Services which are not arranged or provided by BOD are governed by the terms and conditions of carriage and the general terms and conditions of the provider concerned.
Dates, itineraries and prices are valid from 01 January 2020 until 31 December 2020. The booked services are valid only on the dates indicated in the invoice/confirmation.
- PAYMENT REQUIREMENT
At the time of booking you are required to pay invoice amount in full.
- ACCEPTANCE OF BOOKING AND PAYMENTS
If we accept your booking, we will issue a confirmation invoice. A contract will exist between us from the date we issue the confirmation invoice. If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled.
- YOUR DETAILS
In order for us to confirm your travel arrangements you must provide all requested details. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Your booking cannot be confirmed without provision of these details.
- CANCELLATION BY THE TRAVELLER
If you cancel a trip:
60 days to 30 days prior to departure a 50% refund will be given.
30 days or less prior to departure we will retain full payment.
A full refund may be given if the trip can be resold.
If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services.
If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.
- CANCELLATION BY US
We may cancel a trip at any time up to 30 days before departure, subject to clause 13. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
- BOOKING AMENDMENTS
No amendments are permitted to your booking within 10 days of departure.
Any changes in bookings must be requested by the customer in writing.
The land price of your trip includes:
- all accommodation as listed on the website
- meals as listed on the website
- all transport listed on the website
- diving as listed on the website
- the services of a trip leader as described on the website
The land price of your trip does not include:
- international or internal flights unless specified
- airport transfers, taxes and excess baggage charges unless specified
- meals other than those specified on the website
- Visa and passport fees
- travel insurance
- Optional activities and all personal expenses
- PRICES & SURCHARGES
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability.
- SMALL GROUPS
Our trips are guaranteed to depart once they have four fully paid traveller unless minimum group size specifically states otherwise. In case minimum group size is not met, BOD reserves the right to cancel the trip until 30 days before starting date. In that case we endeavour to offer you a choice between an alternative trip or a refund.
- PASSPORT AND VISAS
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the website for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
- TRAVEL INSURANCE
It is recommended that you obtain travel and dive insurance for your trip or annual insurance if you are a frequent traveller. Combination travel and dive insurance can be obtained through BOD upon request.
You appreciate and acknowledge that the nature of this type of trips requires a small amount of flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
- CHANGE OF ITINERARY
While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
- AUTHORITY ON TOUR
Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
- ACCEPTANCE OF RISK
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate.
However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
Applicant understands that acceptance on this trip is predicated on Applicant’s presentation that he/she is physically fit to engage in ocean SCUBA diving and/or diving courses and has had sufficient training to engage in ocean SCUBA diving and understands the risks involved and willingly assumes all risks whether foreseen or unforeseen.
It is understood that Big Ocean Dive is a Malaysian business and is independent of and has no business association, as partner, joint venture, owner or otherwise, with any resort, hotel carrier, boat operator, or other person or firm furnishing any service or facility in connection with the subject dive trips and/or training.
It is expressly understood and agreed that Big Ocean Dive assumes no responsibility or liability for service, transportation, or equipment made available by any resort, hotel or other person, either as to its availability or as to its safety, quality or condition, nor for the acts of any employee or agent of such establishment. It is also understood and agreed that Big Ocean Dive does not by acceptance of this Applicant, assume any responsibility or liability for the safety of any participating individual, particularly while such individual is engaged in underwater activities whether alone or in groups, under the supervision of a dive guide, or otherwise. The dive guide is not acting in the capacity of instructor unless specifically indicated.
Each of the undersigned further agree that in consideration of the price at which the said trip is offered and conducted and other good and valuable consideration and in order to induce Big Ocean Dive to accept the Applicant under the age of majority, to release Big Ocean Dive and its owners, operators, instructors, employees or other agents, from damages resulting from death or personal injuries, including loss of services which the undersigned may sustain on account of, or in connection with said trip including ownership, maintenance, use or operation of any automobile ship, airplane, boat, hotel or common carrier.
Applicant also agree and realise that an emergency medical situation may arise and hereby provide written authorization to Big Ocean Dive and its employees or representatives, to provide emergency medical care, or necessary evacuation, and agree to hold such parties harmless and indemnify them for any such action taken on behalf of the undersigned and the costs incurred thereof. The applicant agrees that this Release of Liability also binds the spouse, family, heirs and legal representatives.
- LIMITATION OF LIABILITY
BOD is not liable if the non-performance or bad performance of the contract is due to:
- a failure to act on the side of the customer;
- an unforeseeable and unavoidable omission by a third party, which is not involved in providing the contractually agreed services;
- force majeure or an event, which BOD or a service provider could not have foreseen or avoided, notwithstanding the exercise of due care.
BOD therefore is not liable for changes in an itinerary caused by strikes, social unrest, weather conditions, decisions taken by the authorities, third-party delays, etc., or for changes in schedule due to flight schedule changes.
- OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
- CLAIMS & COMPLAINTS
If you have a complaint about your trip please inform your group leader or our local team member at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
- REGISTERED ADDRESS
A-1-9, Plaza Damas 3, 63 Jalan Sri Hartamas1, 50480 Kuala Lumpur.
- UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at any time, and it is the Clients responsibility to be familiar with them. The latest terms and conditions can always be found on the Company website www.BigOceanDive.com and will supersede any previous versions.