 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
|
|
|
 |
|
 |
 |
|
 |
||||
 |
User Agreement The terms "we", "us", and "Company" refers to ReserveDiving.com, L.P., a Texas limited partnership, and "you" refers to the customer booking a reservation through us directly through this website, or indirectly through any of our affiliates through whom we provide services. All reservations you book through us are subject to the following terms, conditions and notices as they exist at the time the reservation is made. We reserve the right to change these/terms, conditions and notices, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our website and facilities. Limitations on Use of Website As a condition of your use of this website, booking a reservation through us, or using any of the information, data or images from the website, you warrant and represent to us that you will not use this website or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this website. Your Warranties to Us You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement. You agree to be financially responsible for all of your use of this website as well as for the use of your name and credit card account to pay for products and services purchased at this website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Terms of Service General This website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in the Company debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. Prepaid Diving TransactionsYou agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request, unless otherwise specified in the total transaction charges. The cost of your reservation is the total of: the indicated dive rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges and our service fees. The tax recovery charge is assessed to recover the amount we pay in connection with your reservation for sales and use, and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer. You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated on the reservation order form. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the dive operator you reserved, which varies by dive operator (usually 7 days prior to your date of arrival), you will be subject to a charge of one two tank dive, tax recovery charges and service fees. No refunds will be made for no-shows. You agree to pay any cancellation or change fee that you incur. In some cases, dive operators do not permit changes to or cancellations of reservations after they are made, generally for diving during holiday periods or special events. You will be notified before the reservation order is completed and your credit card is charged if a reservation is non refundable or non changeable. You agree to abide by the terms and conditions imposed with respect to any completed reservation order for a hotel stay as specified on the reservation order form. The Company attempts to secure the best diving rates available. The Company's guarantee provides limited assurance that our rates on prepaid diving transactions are the lowest rates available. If a lower dive rate is available to you for the same dates and the same dive operator within 48 hours of the time you booked and prepaid your reservation and you contact us within that 48-hour period, we will either refund the difference or cancel your reservation without cancellation fee or other charge. Travel Destinations Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, RESERVEDIVING.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. Links to Third Party Websites Our website contains links to websites operated by parties other than the Company. Those links are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them. We do not endorse the content of any of those websites. Electronic Communications You communicate with the Company electronically whenever you visit ReserveDiving.com or send emails to us. You consent to receive communications from the Company electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE DIVE OPERATOR PHOTOGRAPHS, DIVE OPERATOR PROPERTY DESCRIPTIONS, AND LISTS OF DIVE OPERATOR AMENITIES DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE DIVE OPERATOR PROPERTIES. DIVE OPERATOR RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE
CARRIERS, DIVE OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR
OTHER SERVICES FOR THE COMPANY ARE INDEPENDENT CONTRACTORS AND NOT
AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. THE COMPANY
AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH
SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE,
OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COMPANY AND
ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE
EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE
OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS
OF ANY GOVERNMENT OR AUTHORITY.
General You agree that
no joint venture, partnership, employment, or agency relationship
exists between you and the Company as a result of this agreement
or use of this website. This agreement
(and any other terms and conditions referenced herein) constitutes
the entire agreement between the customer and the Company with respect
to this website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the
customer and the Company with respect to this website. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. |
 |
 |
|
 |
