Terms of use

GENERAL INFORMATION ON TERMS AND USE AGREEMENT

This Website at www.mydivingholidays.com (the “Website”) is owned by Api Street (“we”, “us”). By registering and/or using this Website, You agree to the following terms, rules and regulations without limitation or qualification (“Terms and Conditions”).

We may at any time revise these Terms and Conditions. You are bound by such revisions and should therefore periodically review these Terms and Conditions. Your use of this Website shall indicate your acceptance of these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use this Website.

If any of these Terms and Conditions is in invalid or unenforceable, it will be struck out, and the remaining terms will remain in force.

Headings are for reference purposes only.

If we do not act in relation to a breach by you or others of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.

In these Terms and Conditions, the term “Website” includes any email bulletins or other content that we provide to you via or initiated from this Website.

These Terms and Conditions were last updated 1st December 2013.

If you need to contact us please use the My Diving Holidays contact form.

1. USE OF WEBSITE AND PRIVACY

1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

1.3 We will handle your personal information in accordance with the terms and conditions set out in our Privacy & Security Policy on this Website. We may disclose your personal information to Service Providers for the purpose of booking your dream holidays.

1.4 Your entry and usage of our site will provide us with demographic information that may be combined with site usage reports to profile users and their preferences in Website content and advertising. We use cookies to measure site usage and related information. We also keep track of your transaction from one page to the next by employing cookies. Information is also gathered to measure the number of visitors to this Website and to each various page and section of the Website and details of searches performed. We also measure the usage of advertising banners and other related links.

2. VISITOR CONDUCT

2.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy , any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

2.2 You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile or disassemble any aspect of our Website. You must use this site in a responsible and co-operative manner. Any breach of these Terms and Conditions by you may result in legal action taken by us against you.

2.3 You agree not to :

- make any fraudulent, speculative or false enquiries, bookings, reservations or requests using this Website;
- use another’s name, ID or password without permission;
- use the Website while impersonating another person;
- post or transmit to or via the Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- tamper with, hinder the operation of or make unauthorized modifications to the Website;
- delete data from the Website without our permission;
- knowingly transmit any virus or other disabling feature to the Website;
- breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this Website;
- frame this Website as part of another site or cache this Website for commercial benefit;
- attempt to do any of the above acts;
- knowingly permit another person to do any of the above acts.

In addition, you will agree not to:

- access, copy, or monitor any information or content of this Website using robot, scraper, spider, or other methods of automation or manual processes for any purpose without our express written consent;
- violate the restrictions of any robot exclusionary header on this Website or bypass any other measures in deterring or limiting access
- link to or with any portion of the Website without our express written consent;
- impose or attempt to impose a disproportionately large load on the Website infrastructure.

2.4. You warrant that:

- you are of sufficient legal age to use this Website and create legal binding obligations for any liability you may incur as a result of using this Website;
- you are responsible (financially and otherwise) for all uses of this Website by you and those using this Website using your ID and password; the information you supply via the Website will be accurate and not misleading, deceptive or likely to be mislead or deceive;
- you agree to supervise all usage of this Website by minors under your name or account;
- you agree that the travel service reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or another person for whom – - you are legally authorized to act;
- you understand that overuse or abuse of the travel services reservation facilities of this Website may result in you being denied access to such facilities.

3. INFORMATION ON THE WEBSITE

3.1 We take all reasonable steps to ensure that this Website is secure and available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time. In addition, we do not warrant that this Website will be secure.

3.2 We do not warrant or represent that the content of this website is accurate, up-to-date or complete, nor that it does not infringe the rights of others. We are providing this website and its contents on an “as is” basis. We make no representations or warranties of any kind with respect to the website, its contents or any of the products or services supplied through this website.

3.3 Our Website displays information about diving experiences, tours, packages, cruises, accommodation, liveaboards, transportation, foreign currency, schedules and many other things.

However, you agree and understand that :
- This information is supplied to us by third party providers; such are diving Partners (“Service Provider”). We have taken reasonable care to ensure it is correct and up to date; however we cannot check the accuracy of such information.
- Many of the services which made up your travel booking are provided by Service Providers. The Service Provider provides these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you.
- We accept no responsibility for information supplied to us by Service Providers. We recommend you confirm all information contained on or linked from our Website with the Service Provider.
- The details of the prices, packages, diving experiences, accommodation and other information displayed on the Website are subject to change without notice. The travel products and services described on the Website are subject to availability.
- It should be noted that all documents issued to travelers are non – transferable. Such documents may include but are not limited to, diving experience vouchers, or any other document used to confirm an arrangement with a Service Provider. Such documents may also be subject to conditions such as, but not limited to, being non – refundable, non – date – changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions.
- If for any reason, any Service Provider is unable to provide the services for which you have contracted, your remedy lies against that Service Provider, and not against us. – In the event we received payment by Credit Card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
- You are responsible for obtaining all passports, visa, travel insurance and health information required.
- Special conditions may apply to the prices set out on the Website. To determine such conditions, you must contact us or the relevant Service Provider. In addition to the prices set out in the Website, you may be required to pay certain extra, such as but not limited to, cost of educational materials, gear rentals or transportation.
- Please be aware that all prices listed on this Website are for on-line queries and may be different from the Service Providers’ prices. Similarly, this Website will not match or beat any price of the same or similar booking from any corporately owned retail and corporate location.

4. BOOKING PROCESS AND CONFIRMATION

4.1 You can use our website to book our diving Partners’ services by selecting the diving experience you wish to buy and adding it to your cart. Diving experience you do not require can be removed from your cart at any time. Some diving experiences such as but not limited to liveaboards and safari, can be booked by completing a booking form request.

4.2 Whilst we try to be as accurate as possible, all information provided is to our best knowledge and is provided in good faith.

4.3 Images of diving experiences on this website are for illustrative purposes only. We have made every effort to display as accurately as possible our diving Partners’ facilities and services on this website. However, we cannot guarantee that all images are up-to-date.

4.4 To book a diving experience, you are only required to pay a non-refundable deposit. You will be required to pay the remaining amount when arriving at our diving Partners’ location. In the case of diving experiences booked through a booking form, payment process is to be made according to the Partner’s process that is explained on the page of the diving experience.

4.5 By placing an order with us, you agree to have read and understand the product requirements, you agree to and accept these terms of use as well as our privacy policy.

4.6 We use secure payment facilities for online purchases. You can pay for your order via PayPal with a PayPal account or with all the majors credit cards. However, while payment is made directly to the Partner in the case of booking through a booking form, My Diving Holidays is not to be held liable for any problems occurring, including by not limited to security issues.

4.7 Promotional prices only apply during the period stated. There may be particular terms and conditions that apply to “specials”. It is your responsibility to be familiar with any particular terms and conditions of any Promotions.

4.8 Certain products or services supplied on this Website such as but not limited to scuba diving courses, may hold special requirements such as but not limited to age of the participants, level of certification etc… It is your responsibility to be familiar with any particular terms, conditions and requirements of any products or services.

4.9 All prices quoted on our website are in Euros and are based on a conversion of the local price. Whilst we try to keep a foreign exchange conversion rate as accurate as possible, we do not guarantee that the conversion in Euros is based on the actual conversion rate of the date of the booking.

4.10 When you place an order with us, you are making an offer to book our diving Partners’
services. We will send you an e-mail to confirm that we have received your order. Once we have reviewed your order, we will e-mail you again to confirm that we accept your order, and that a contract has been made between you and the diving Partner.

4.11 In the unlikely event that the diving Partners are unable to provide the requested services, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming your order, and there will be no contract between you and the diving Partner. However, you will be offered a refund of your deposit, if you paid any.

4.12 Should you have any special requests, you must advise us at the time of the booking and clearly note it on booking. We will endeavor to pass any reasonable requests to the Service Provider; however, we regret that we cannot guarantee that your special request will be fulfilled. Failure to meet any special request does not signify a breach of contract on our part.

5. CANCELLATION POLICY

5.1 Once your payment has been made, modifying your booking is no longer possible. The deposit is non-refundable.

5.2 You can cancel your booking at any time up to 7 working days after the date of payment via email. However, the deposit paid may not be reimbursed.

5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.

5.4 In the case of booking through booking form, please refer to the Partner’s cancellation policy as displayed on the page of the diving experience.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. If you suffer any loss or damage from visiting another’s website or using another’s product or service, we are not liable

6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or diving experiences unless this has been specifically agreed with us.

6.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

7. EXCLUSION OF LIABILITY

7.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.

7.2 The diving experiences sold on this website have been designed to comply with all relevant legislation. However, we cannot warrant or represent that the diving Partners comply with any legal requirement.

7.3 We do not accept liability for any consequential loss of profit or indirect losses.

7.4 We do not represent that any travel products and services set out on our Website will be suitable for you. You release us from any claims in relation to the travel products and services described on our Website, including but not limited to claims that the travel products and services are not suitable. Service Providers are independent parties over which we have no control. The information and description given about the Service Providers and their products are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.

7.5 Many of the problems for which we cannot be held responsible for can be insured against. We highly recommend that you take out insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of trip. Please note that there are exclusions to coverage of insurance. It is Your responsibility to be familiar with the insurance coverage purchased and ensure that the coverage meets your travel needs.

8. INDEMNITY

You indemnify us and our affiliates, officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
- any breach of these Terms and Conditions by you;
-  any act or omission by you or an officer, employee or agent of you;
- any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an employee or agent of you.

9. DISCLAIMER

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES THAT THE PRODUCTS AND SERVICES OFFERED AND SUPPLIED THROUGH THIS WEBSITE WILL BE OF MERCHANTABLE QUALITY, FIT FOR ANY PURPOSE OR WILL COMPLY WITH ANY DESCRIPTIONS ON THIS WEBSITE OR SAMPLES.

9.2 TO THE EXTENT PERMITTED BY LAW, YOU RELEASE US FROM ALL LIABILITY, COST, DAMAGES, CLAIMS AND EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL LOSS OR DAMAGE WHETHER IN NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE SUPPLY OR FAILURE TO SUPPLY OR USE OR NON-USE OF THE THIRD PARTY PRODUCTS OR SERVICES.

9.3 To the maximum extent permitted by law, neither we nor any of our officers, employees, shareholders or other representatives will be liable in damages or otherwise in connection with your use of or inability to access this Website or the purchase and use of any products and services supplied via this Website or any breach of any warranties that may be implied by law. This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. In the event that our Website fails to operate or causes you loss or damage, your sole remedy is the refund any money that you paid to us to use this Website.

9.4 ALL SERVICE PROVIDERS PROVIDING DIVING EXPERIENCES AND OTHER SERVICES TO US, ARE INDEPENDENT CONTRACTORS, NOT OUR AFFILIATED OR AGENTS. WE ARE NOT LIABLE FOR THE ACTIONS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, BREACH OF CONTRACT, PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR EXPENSES RESULTING FROM SERVICE PROVIDERS. WE HAVE NO LIABILITY AND WILL NOT REFUND DUE TO AN EVENT DUE TO DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, TERRORISM, AND ANY OTHER CAUSES THAT IS BEYOND OUR DIRECT CONTROL. WE HAVE NO CONTROL AND ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, DELAYS, OMISSIONS, RE-ROUTING, OR OF ACTS OF INTERFERENCE BY THE GOVERNMENT OR LEGAL AUTHORITIES.

10. GOVERNING LAW AND JURISDICTION

To the maximum extent permitted by law, these Terms and Conditions and your use of the Website are governed by the laws of France. You hereby consent to the non-exclusive jurisdiction and venue courts in France in all disputes arising out of or relating to the use of this Website and these Terms and Conditions.

11. OUR RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms and Conditions.