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GENERAL TERMS AND CONDITIONS OF MALDIVES DIVE TRAVEL, A SERVICE BY MALDIVES SCUBA DIVING GMBH, RAIFFEISENPLATZ 1, 8739 TROFAIACH,AUSTRIA These general terms and conditions regulate the services, rights and duties between the customer (hereafter: CUSTOMER) and Maldives Scuba Diving GmbH, Raiffeisenplatz 1, 8739 Trofaiach, Austria (hereafter: MSD)
1.) Matter of contract:
MSD acts as a reseller of safari tours in the Maldives under the brand names "Maldives Dive Travel", "Maldives Scuba Diving" and "MaldivesDiveTravel.Com". MSD intends to resell safari tours in the Maldives to CUSTOMER. CUSTOMER intends to book safari tours through the MSD website and booking service. CUSTOMER understands that all tours are operated and carried out by contractual partners
2.) Services:
The Services rendered by MSD are provided in the name of the actual owner/operator of a safari ship, travel agency, airline or tour operator; even if invoiced by MSD. Collected payments can therefore only be refunded by the owner/operator. 3.) Terms of payment:
A deposit of 15% of the total amount is necessary to confirm a reservation. The balance payment is due at least 40 days prior to the first day of the safari tour. If a booking is made within 40 days of the first day of the tour, the total amount is due upon confirmation of your reservation. If the total amount due is not paid by the time the safari tour starts, MSD reserves the right to refuse access to the ship until the balance is paid. 4.) Booking procedure:
Bookings and reservations can be made by fax, email or telephone and through the MSD website at www.maldivesdivetravel.com. However, a reservation is only confirmed once a reservation confirmation has been issued by MSD and the deposit (see above) has been received by MSD. 5.) Cancellation:
If CUSTOMER cancels a reservation, MSD will charge the respective cancellation fees as decided by the referring travel agent / tour operator as announced on the booking files or on the website. 7.) Change of prices:
If travel agents / tour operators, within the limits permitted by law, raise prices in the period between receipt of the reservation confirmation and start of the safari tour; CUSTOMER is liable to pay the balance. If the raise exceeds 5% of the total amount, CUSTOMER has the right to cancel the reservation within 10 days and at no cost. 8.) Responsibility:
A CUSTOMER who makes a booking on behalf of him/herself and others, is responsible for the entire booking including the handling of the booking process, payment, correspondence, etc. 9.) Travel regulations:
CUSTOMER is solely responsible for adhering to all applicable travel regulations including visa- and passport requirements and local laws.
MSD would like to draw CUSTOMER’s attention to the fact that the possession of drugs, alcohol, pornography and non-Muslim religious items can be punished severely in the Republic of Maldives. Export of fish, shell fish, sand and corals are strictly forbidden and can also result in severe fines. 10.) Representation:
MSD represents the services rendered based on information provided by travel agents / tour operators. MSD takes utmost care to present and describe the rendered services truthfully and as accurate as possible. MSD cannot be made liable for incorrect or outdated information about safari ships and services provided to MSD by operators / owners. 11.) Liability:
The degree of liability of MSD is limited to: - Careful selection of travel agents / tour operators and operators / owners / destinations. - Professional handling of bookings, payments and CUSTOMER information including delivery of reservation confirmation and travel vouchers. - Forwarding of communication between CUSTOMER and OPERATOR and vice versa. This includes change of price notifications or any other changes about the reservation / booking.
If MSD fails to fulfill its contractual obligations as defined above, it is liable for compensatory damages to CUSTOMER only when all damages were caused by actions taken by MSD. If MSD is at fault, it will be liable to refund an amount no higher than the commission MSD received as commission payment from travel agent / tour operator.
CUSTOMER agrees that any further claims have to be made against OPERATOR and settled between CUSTOMER and OPERATOR directly. CUSTOMER further agrees to hold harmless MSD of any claims beyond the commission received by MSD from OPERATOR. 12.) Limitations of liability:
MSD is not liable for the services offered on its website, brochures or advertisements. MSD`contractual partners (OPERATORS) are solely liable for the representation and fulfillment of said services. Contact details of OPERATOR will be made available to CUSTOMER on booking confirmation.
All liability claims have to be made directly with OPERATOR. 13.) Notifications:
All notifications have to be made in writing and can be transmitted via fax, mail or email. 14.) Subsidiary agreements:
Subsidiary agreements, including alteration of this contract, require explicit confirmation by MSD. 15.) Acceptance
Customer fully accepts these terms & conditions upon submitting a booking reservation as the only valid terms and conditions. 16.) Severability clause:
Should one of the contract clauses become invalid, the validity of the remaining provisions as a whole shall not be affected. Instead of the invalid clause, what comes closest to the economical purpose of the clause is then agreed. Place of jurisdiction and place of fulfillment, to the extent permitted by law is Male, Republic of Maldives. The agent contract is subject of the jurisdiction of the Republic of Maldives.
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