TERMS AND CONDITIONS OF BOOKINGS
The terms `Vacationmaldives’, and ‘the Company’ means Voyages Maldives Pvt Limited, trading as “Vacationmaldives” , a company incorporated in the Maldives , with registered company number C-0613/1980 and whose registered office is at ‘Narugis’ Chaandhanee Magu, Male 20-02, Republic of Maldives.
1. A signed booking form approved by the Company and a deposit of 20% of total booking in USD$ made at time of booking is required. At times, such as in the event of a group booking, a higher deposit maybe required which will be advised at the time of booking. If a booking is made 45 days or less prior to the client’s arrival date, the full payment of the cost of the booking is required with the signed booking form. The booking is binding on the Company only when it has issued a confirmation in writing.
2. The Company reserves the right to decline any bookings.
3. The Company is not under any obligation to dispatch tickets, vouchers or documents until full payment of the booking has been received by the Company.
2: Payment of Full Balance
The total cost of any booking shall be paid so as to be received by the Company not later than 45 days prior to the scheduled arrival date. In the event that the payment is not received by the Company by that date, the Company may choose to treat the booking as cancelled by the Agent in which event the cancellation fees listed in 3 shall apply. In the case of non-payment of the balance by the due date, the Company reserves the right to cancel the booking and cancellation charges will apply. Payment of the deposit and full amount is required by SWIFT TT bank transfer. SWIFT bank transfers may be subject to a bank handling which shall be borne by the Agent.
3: Cancellation by a client
If a client wishes to cancel a booking, the Agent shall notify the cancelation in writing to the Company within the period stated below. The following percentages of the entire cost of the booking will be charged. However, some Products have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which the Agent will have to pay in the event of cancellation. The Agent will be advised at the time of booking if it is applicable to the booking.
45 days – 90 days = charged at 25%, 31 days – 44 days charged at 50%, 15 days – 30 days = charged at 75%, No show or 0 – 14 days = charged at 100%
It is strongly recommended that clients take comprehensive travel insurance which includes cover against cancellation charges. Depending on the reason for the cancellation, the client may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the Agent is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the Agent cannot transfer or add these charges to another booking or use any amounts paid to the Company in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining clients.
4: Modification of a booking
Should the Agent wish to make a change to an existing booking the Company will arrange it, subject to availability, an administration charge will only be applied to bookings involving domestic flight ticketing. An administration charge of USD$25 per person booking changed may be charged. Dates of travel, accommodation or tour selected can be modified up to 45 days prior to arrival date.
Short notice alterations are not always possible and should the Agent find it necessary to cancel a booking the cancellation charges listed in 3 above will apply. Any amendment charges imposed by suppliers will be charged to the Agent.
5: Modification by the Company
1. While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries provided by email or described at any time before or after a booking is confirmed. Most changes are minor. Occasionally, the Company may have to make a significant change. If a significant change has to be made, the Company will inform the Agent as soon as reasonably possible, if there is time before departure. In the case of any material modification or of cancellation, the Company will, if possible, offer alternative arrangements or, if these are not acceptable, a full refund of monies will be paid. When offering alternative arrangements the Company will, if accommodation is affected, endeavor to provide an alternative in the same area. If the Company is only able to offer a lower classification of hotel it will refund the difference in the price.
2. A significant change, as mentioned in 5a above, is one which has a significant effect on the client’s holiday, such as change of accommodation to a different resort or to any inferior classification in the same resort, a change of departure or return timings of more than 20 hours which will cause substantial inconvenience to the client.
3. Force Majeure: Except where otherwise expressly stated in these conditions, the Company cannot accept liability or pay any compensation where the performance or prompt performance of the Company’s obligations under this Agreement is prevented or affected by or the client otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which the Company or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside the Company’s control.
4: Cancellation By The Company
4.1. The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 45 days before the start of the holiday except for force majeure (see clause 5c), or the Agent’s failure to make all payments (including the final balance and any surcharge) when due. Please note, some tours require a minimum number of participants to enable the Company to operate them (cruises for example). If any tour does not have the minimum number of participants required to make it commercially viable, the Company is entitled to cancel it. The Company will notify the Agent of cancellation for this reason not less than 45 days before the start of the tour. If the Company has to cancel, the Company will inform the Agent as soon as possible.
If there is time to do so before departure and the cancellation does not result from failure of payment, The Company will offer the Agent the choice of purchasing another available tour from the Company (paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid. The Company cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by the Company.
4.2 Similarly, it is advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge, The Company cannot pay any cancellation, amendment of other charges a client may incur in relation to any transport or other arrangements which the client has to change or cancel as a result of the cancellation of the tour.
5: The Company’s liability to Clients
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in water activities, diving, travelling by public transport and that they undertake the holidays featured in the Company’s program at their own volition. Each person wishing to participate in such activities may be asked by the supplier to sign additional forms and in all cases must adhere to the restrictions imposed by the supplier.
5.1 The Company shall ensure that the tour arrangements agreed to make perform or provide, as applicable, as part of the Agent are made, performed or provided with reasonable skill and care. This means that, subject to these conditions the Company will accept responsibility if the contracted tour arrangements are not provided as agreed or prove deficient as a result of the failure of the Company, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, the contracted tour arrangements. Please note, it is the client’s responsibility to show that reasonable skill and care has not been used if a client wish to make a claim against the Company In addition, the Company will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work the Company had asked them to do (for agents and suppliers).
5.2 The Company will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 3 above.
5.3 The Company cannot accept responsibility for any services which do not form part of the booking. This includes, for example, any additional services or facilities which any supplier agrees to provide for the client where the services or facilities are not advertised by the Company and the Company has not agreed to arrange them as part of the booking. Excursions or activities booked during the holiday do not form part of the booking made under this Agreement.
5.4 The representations about the services the Company agreed to provide or arrange as part of this Agreement – and the laws and regulations of the country in which a claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport a tour involves and may be lower than or different to those applicable in a client’s own country. This is particularly important where live aboard dive boats are concerned, when the clear limitations of being on such a small vessel must be accepted. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of a client’s home country which would have applied had those services been provided in a client’s home country. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question.
5.5 The Agent must ensure the clients have appropriate travel insurance to cover all risks associated with traveling on holidays.
5.6 The Company cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to the Company by the Agent concerning the booking prior to the Company accepting it, the Company could not have foreseen the client would suffer or incur if the Company breached the Agreement or (2) which did not result from any breach of contract or other fault by the Company or its employees or, where the Company is responsible for them, the Company’s suppliers.
Additionally the Company cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings of the client.
5.7 The Agent must provide the Company and the Company’s insurers with all assistance that may reasonably require. The Agent must also notify the Company and the supplier concerned about the claim or complaint as set out in clause
6. If asked to do so, the Agent or the client must transfer to the Company or the Company’s insurers any rights the Agent or the client has against the supplier or whoever else is responsible for the claim or complaint (if the person concerned is under 18, their parent or guardian must do so). The Agent must also cooperate fully with the Company and the Company’s insurers if the Company or insurers want to enforce any rights which are transferred.
The Company reserves the right to make changes to and correct errors in advertised prices at any time before a booking is confirmed. The Company will advise the Agent of any error of which the Company is aware and of the then applicable price at the time of booking. Once the price the of the booking is confirmed, then subject to the correction of errors, the Company will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in taxes or fees payable for services such as landing taxes, embarkation or disembarkation fees at ports or airports, Maldives Tourism Tax or Maldives Guest Service Tax. Any variation in cost will be calculated on the divergence from the exchange rates on which quoted prices are based. Any variation in cost will be calculated on the divergence from these exchange rates. Variation in taxes or port fees, where they are included in the package price, will be calculated and amended at cost. The Agent has 14 days from the issue date printed on the surcharge invoice to inform the Company if it wants to cancel or purchase an alternative tour. If the Agent do not do so, The Company is entitled to assume that the Agent will pay the surcharge. Any surcharge must be paid with the balance of the cost of the tour. Please note that tour arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your tour due to contractual and other protection in place.
7: Cancellation in view of behavior
Clients booked through the Agent should agree to accept the authority and decisions of the Company’s employees, tour leaders, representatives, and agents whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot, hotel manager, dive guide / dive instructor or dive center manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards the Agent or the client (including any return travel arrangements) and the Company will not meet any expenses or costs incurred as a result of the exclusion.
In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage, bringing alcohol on to a local island) the client may be excluded from the tour and the Company shall cease to have responsibility to/for the client as above. No refund will be given for any unused services. When the Agent makes a booking, the Agent must ensure that the client accepts responsibility for any damage or loss caused by the client. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to the Company as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, the Agent must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. The Agent will also be responsible for meeting any claims subsequently made against the Company and all costs incurred by the Company (including the Company’s and the other party’s full legal costs) as a result of a client’s actions. The Agent must ensure that the client has the appropriate travel insurance to protect the client if this situation arises. If a client has any medical condition or disability which may affect the client’s active participation in a tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), the Agent must inform the Company the company confirms a booking so that the Company can assist the client in considering the suitability of the proposed tour and/or making the booking. In any event, the Agent must give the Company full details at the time of booking and whenever any change in the condition or disability occurs. The Agent must also promptly advise the Company if any medical condition or disability which may affect a client’s active participation in a tour or the tour arrangements of any other person develops after a booking has been confirmed.
8: Transfer of Bookings
If a client is prevented unavoidably from utilizing a booking by circumstances such as those which would entitle the client to make a valid claim under a conventional insurance policy, then, on giving the Company notice no less than 30 days before departure, the client will be entitled to transfer the booking to another person deemed acceptable to the Company. In such a case the Agent shall be liable for all monies due to the Company, including all charges and reasonable fees consequent upon such transfer, such as cancellation costs imposed by suppliers and charges imposed by airlines for name changes.
The Company and the Company’s representatives may provide the client with information (before departure and/or when the client is on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. The Company has no involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by the Company. The Company has no knowledge as to whether such activities or excursions and their operators comply with local legal requirements or have any insurance. Some activities/excursions involve the risk of personal injury. They are provided by local operators or other providers who are entirely independent of the Company. They do not form any part of the booking contract with the Company even where the Company suggests particular operators/providers and/or assist the client in booking such activities or excursions in any way. Where a tour leader collects payment for or otherwise assists in booking any such activity or excursion for a client, The Company and the tour leader act solely as booking agent for the local operator/provider of the activity or excursion with whom the client will have a contract. The local operator/provider’s terms and conditions will apply. The Company will not accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 5.1 of the booking conditions will not apply to them. The Company does not, however, exclude liability for the negligence of the Company or its employees resulting in your death or personal injury.
10: Customer Complaints
Should the client have a complaint about any of their tour arrangements, the client must inform both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on tour the Agent should notify the Company in writing within 28 days of their return from tour.
Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear etc.) is given in good faith but without responsibility on the part of the Company. The Company cannot accept any liability if a client is refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on the Company, the Agent will be responsible for reimbursing the Company accordingly.
Travel Insurance is mandatory for all clients whilst on a tour organized by the Company. The Agent should ensure that the clients have the required insurance. The Agent should forward to the Company details of the clients insurance for the Company’s records. Insurance cover taken shall include personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover for personal injury, death and health. The policy taken shall not have limiting or excluding protection for the type of activities included in the client’s holiday. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be. Clients together with their personal property including baggage are at all times solely at their own risk.
Clients are responsible for arranging, paying and confirming return flights to destination. Details of arrival and departure flight numbers and times must be communicated to the Company upon payment of final balance. The Company cannot accept any liability for any change, cancellation or delay in the transportation from or to the client’s home country or during the tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside the Company’s control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover.
14: Dive Qualification, Dive Experience and Diving Log Book
Some destinations or live aboard itineraries require a minimum level of qualification and/or diving experience. It is the client’s responsibility to ensure that the client’ diving experience and/or qualification meet these requirements. If on arrival in resort the client is deemed not to have the level of experience and/or qualification required for the trip booked, the client will not be able to participate in the diving activities advertised. If this is the case, the Company will not have any liability for any missed diving or costs paid for the holiday.
15: Local Island Guidelines
The Maldives is a Muslim country and care needs to be taken in relation to the dress code on local islands. Whilst it is acceptable for men to wear T Shirts and shorts or swim shorts; females should avoid causing offence by maintaining a more conservative approach to clothes by wearing T Shirts, shorts or sarongs and avoid wearing bikinis and swimwear unless on an un- inhabited island, picnic island, sandbank, dive boat or resort island. Alcohol and pork is also restricted on local islands. If a client commits an illegal act (including, for example, causing any damage, bringing alcohol onto a local island from a resort island) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services.
16: Data Protection and Privacy Statement
16.1 In order to process a booking, and trip information requests, provide your tour and to help the Company give the client a more personal service, the Company need to collect certain personal details from the client. These details will include, where applicable, the names and contact details of party members, credit or debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose client’s religious beliefs. If the Company need any other personal details, prior notification will be given to the client. The Company may need to pass on a client’s personal details to the companies and organizations who need to know them so that the tour can be provided (for example your hotel, other supplier, credit/debit card company or bank). The Company may store and use your personal details for future marketing purposes (for example, sending the client a promotional information or details of new features, tours or special offers which the Company think may be of interest to the client, including by email). All details in connection with your booking (including those relating to any disability or medical condition or religious beliefs) given to the Company will be kept but the Company will use only names and contact details for marketing purposes (unless the client has indicated that the client does not wish the Company to do so.
The Company respects the client’s privacy and will not sell, rent, trade or give away any of the client’s personal information for any purpose. Occasionally the Company hire other companies to provide services on our behalf, for example to mail information to the client. The Company only provide those companies with the personal details relating to the client which they require in order to deliver the service the Company asks them to deliver. They are prohibited from using that information for any other purpose. The Company will ensure that anyone to whom the Company pass the client’s details for this reason agrees to treat it with the same level of protection the Company is obliged to provide. If the client does not want the Company to do any or all of these things, notice should be given to the Company as soon as possible. Clients are generally entitled to ask the Company (by letter or e-mail) what details of the client are being held or processed, for what purpose and to whom they may be or have been disclosed. The Company will charge a fee to respond to such a request. The Company will respond to such requests within 40 days of receiving it together with the fee. In certain limited circumstances the Company is entitled to refuse the request. If the client believes that any of the personal details which inaccurate or incorrect please the Company should be informed as soon as possible. . As the Company’s privacy statement may change due to developments in the law, the Company encourages clients to reread the Company privacy statement from time to time so that the client is aware of any changes in how the Company gathers and use personal information.