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Dragon Dive Hotel: TERMS & CONDITIONS
Dragon Dive LIVEABOARD Jl Mutiara Kampung unjung, 86754 Labuan Bajo, NTT, KOMODO,
INDONESIA
liveaboard@dragondivekomodo.com
Please carefully read our General Booking, Cancellation, Payment and other Terms which apply to all bookings with Dragon Dive Komodo.
Definition
PMA Dragon Dive Komodo shall be construed to comprise “the Company”, as well as all their affiliates, officers, agents, employees, workers, directors, and representatives.
DIVING :
General booking
All customers must show proof of diving certification from either PADI, SSI, CMAS, or equivalent certifying organizations if taking part in any non-entry level diving activity.
If a customer is not able to proof or show a certification, we will not accept them on board or they will have to do a “paid” intro dive with an instructor.
All customers must complete and sign the relevant Liability Release and Assumption of Risk Form, Continuing Education for all courses made after the Open Water Certification before commencing any scuba diving activities.
The Company is not permitted to dispense any medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified Medical Practitioner before engaging in scuba diving or similar activities.
Upon signing up for any diving course, irrespective of previous experience or training, the Company requires each student to complete a Medical Questionnaire.
The maximum depth permitted on all Company vessels is 30 meters for Open Water Divers with the Deep Adventure Dive certification, Advanced Divers, Rescue Divers, Divemasters, and Instructors. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 meters. If a diver has received prior Deep Dive training, then the absolute maximum depth permitted is 40m.
We do not accept any unguided dive during ALL our Liveaboard.
For all our trips, a guide must be present with all participants.
The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:
• the number of customers scheduled for the trip.
• weather conditions make the trip to the scheduled destination not possible.
• other ensuing technical difficulties.
NB : Customers or students who fail to participate in any dives on a trip, or any course training dives, for whatever reason, shall not be reimbursed by the Company for any unused or uncompleted portion(s) of the trip or course.
INSURANCE Diving & travel
Customers are strongly advised to secure appropriate travel insurance, with a reputable insurance provider, and applicable to the activities they will be undertaking. Such insurance should provide comprehensive coverage of at least the following: Diving, Medical, Travel, Personal Liability, and Cancellation provisions.
The Company shall not be held responsible for any resultant financial or personal loss or injury where customers choose not to secure such insurance.
The Company shall not accept any liability for the loss or damage of any luggage or dive equipment whilst onboard the boat, nor during the transfer(s) to or from the boat.
Komodo National Park requests scuba diving insurance for all LIVEABOARD scuba divers. It’s mandatory to have insurance for all scuba divers for the Komodo national park, Raja Ampat, Banda sea & Alor trip.
We are working with DiveAssure or DAN that all our guests can register online and get 20% discount with our affiliate number.
PAYMENT
We accept CASH payment in EURO and USD and Debit/Credit Visa or Mastercard.
NB : A fee of 3 % shall be applicable for all payments via credit/debit card (VISA or Master Card) on site.
We do not accept Paypal, Amex and JCB card.
The number of dives in any package is an estimate based on usual diving circumstances and not a guarantee. Where circumstances arise, such as, but not limited to;
• adverse weather conditions,
• personal illness,
• technical difficulties,
• dive site remoteness/ inaccessibility or personal choice,
and cause a reduction in this estimated number, there will be no partial refund in such circumstances.
Customer’s Obligations
Where the customer is negligent or irresponsible and causes any damage to or loss of property and equipment belonging to the Company, the customer shall recompense the Company in full, to the current market value of any loss or damage.
The customer undertakes to be physically, emotionally, and mentally prepared and fit to participate in the activities they have signed up for. Any resultant injury or discomfort born out of any unfitness shall not provide any ground for complaint or refund.
The Company represented by any of its Instructors, may prohibit an individual’s participation on a dive(s), where they are physically, mentally or emotionally unfit to dive, demonstrate a distinct lack of respect for or handle/harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.
Deposits
Private Charters/Trips – a 50 % deposit of the agreed price of the charter must be paid for the booking to be fully confirmed.
Payment of the full amount must be paid 7 days before departure.
Once the booking is confirmed by receipt of a deposit, the deposit is non-refundable in the event of any cancellation.
Package Liveaboard & Hotel have to be paid in full.
Cancellation
• The Company will refund all funds paid by the customer where the Company itself cancels a trip or course. The Company shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those stated above in the payment section. In the case of a refund, bank transfer fees will be deducted from the refund.
• If a customer requires emergency evacuation and the boat must return to land, the Company shall not accept any financial responsibility for any ensuing itinerary changes.
• The outstanding balance for all Tours or Private Charters booked must be paid in full to the Company before the time the trip is due to commence. The outstanding amount will also be non-refundable where a cancellation is made less than 14 days before the time the trip is due to depart, or the customer is a no-show on the day.
• In case of a mechanical issue, we will not refund the trip and we engage our responsibility to try to find an alternative and/or manage to fix the boat.
NB : DIVEASSURE insurance is covering the mechanical issues in the Dive & travel Plan.
• Less than 14 days (fourteen days), payment in full must be paid.
• between 29 days and 14 days, 75% of the full amount must be paid
• Above 30 days, 50% of the full amount must be paid.
Force Majeure.
PMA DRAGON DIVE does not guarantee a refund or exchange on trips purchased that are canceled or are rescheduled less than 4 weeks before the original date/time, because of “force majeure.”
“Force majeure” means any event which PMA DRAGON DIVE could not, even with all due care, foresee or avoid. Such events may include, but are not limited to;
• war or threat of war,
• riot,
• civil strife,
• terrorist activity or threatened terrorist activity,
• industrial dispute,
• natural or nuclear disaster,
• adverse weather conditions,
• tsunami,
• earthquake,
• worldwide/local pandemic situation,
• fire
and all similar events outside PMA DRAGON DIVE’s control. In the event of a cancellation or rescheduling due to force majeure, PMA DRAGON DIVE will accommodate you at subsequent departure when possible.
Additional to be paid on arrival for all daily diving/snorkelling activities and can be changed without any notice
- Port Clearance 75 euro
- Fuel Surcharge 10 euro
- National Park Fee 20 euro/day
RESERVATION TERMS AND CONDITIONS
INTRODUCTION AND GENERAL PROVISIONS
Your reservation and the accommodation agreement made with a hotel within the Dragon Dive hotels brand (whether caused by you directly with DRAGON DIVE KOMODO or via a third party such as a travel agent) will be subject to these Reservation Terms and Conditions, and the Reservation Privacy Policy set out below. When you make your reservation, whether online or by telephone, you will be deemed to have read, understood, and accepted these Reservation Terms and Conditions and the Reservation Privacy Policy.
If you make your reservation via a travel agent, or other third party, then you have a separate legal relationship with that party and Dragon Dive Hotels (“DRAGON DIVE KOMODO”) has no liability for any acts or omissions of such party including their observance of your data protection rights.
When you make your reservation, you will also be deemed to have read, understood and accepted the terms and conditions for using the DRAGON DIVE KOMODO website (which shall mean www.dragondivedomodo.com or any related DRAGON DIVE KOMODO web pages accessible from it) and any relevant terms and conditions shall be deemed to be incorporated into your reservation and the accommodation agreement with the DRAGON DIVE KOMODO hotel. The link to the terms and conditions for using the DRAGON DIVE KOMODO website is https://www.dragondivekomodo.com/en/term-conditions/
Dragon Dive Hotels (“DRAGON DIVE KOMODO”) own & manage all of the hotels which are current members of the DRAGON DIVE KOMODO brand (“DRAGON DIVE KOMODO hotels”).
DRAGON DIVE KOMODO provides an online reservations facility on the DRAGON DIVE KOMODO website and a telephone facility for making reservations at DRAGON DIVE KOMODO hotels (together called “the Reservations Facility”) as an independent service provider. It acts solely as an intermediary between you and the DRAGON DIVE KOMODO hotels.
Accordingly, your reservation and the accommodation agreement are made directly with the DRAGON DIVE KOMODO hotel of your choice. Using the Reservations Facility will not result in any contractual relationship between you and DRAGON DIVE KOMODO.
All information regarding rooms, facilities, and services offered at the DRAGON DIVE KOMODO hotels contained on the DRAGON DIVE KOMODO website or otherwise available through the Reservations Facility has been provided to DRAGON DIVE KOMODO by a DRAGON DIVE KOMODO hotels. DRAGON DIVE KOMODO does not make any representation or warranty, express or implied, of any kind with respect thereto.
Such information may be inaccurate as a result of renovation or repair at the DRAGON DIVE KOMODO hotel. The DRAGON DIVE KOMODO website may also contain typographical errors or omissions. DRAGON DIVE KOMODO shall not be liable for any discrepancy in the rooms, facilities, or services available at a DRAGON DIVE KOMODO hotel from those described on the DRAGON DIVE KOMODO website or for any other errors or omissions and shall not be liable for any damages that may result therefrom.
As there will be no contractual agreement between you and DRAGON DIVE KOMODO, and as DRAGON DIVE KOMODO does control and verify the hotel information that DRAGON DIVE KOMODO hotels submit to or through the Reservations Facility, DRAGON DIVE KOMODO shall not be liable to you for:
(i) the accuracy of any DRAGON DIVE KOMODO hotel information provided to or through the Reservations Facility including, without limitation, the availability or price of rooms; or
(ii) any failure or delay beyond its control in the transmission of any data submitted through the Service including, but not limited to, the details of your reservation or changes to or cancellation of your reservation.
RESERVATIONS PROCEDURE AND POLICIES
1. Online reservations
The DRAGON DIVE KOMODO website enables you to check the accommodation offerings and availability of DRAGON DIVE KOMODO hotels, as indicated to DRAGON DIVE KOMODO by each DRAGON DIVE KOMODO hotel, and then submit an online reservation request to the DRAGON DIVE KOMODO hotel of your choice. On completion of the reservation process, the Reservations Facility will transmit an online confirmation of your reservation. A reservation is only valid when a reservation number has been issued.
2. Hotel Prices
The prices indicated on the DRAGON DIVE KOMODO website for the hotel rooms are subject to availability. Breakfast is only included if shown in the rate policy. Taxes and service charges are only included if indicated in the rate policy.
3. Payment
You must provide credit card details if using an OTA or our booking engine to secure a room reservation. The DRAGON DIVE KOMODO hotel will never use a credit card for any deposit payment as advised during booking or as a guarantee for a future price. In the case of a no-show, cancellation, or change to the reservation you must contact the third party or the hotel directly.
4. Cancellations and Amendments
You should make any cancellations or amendments to your reservation using the same DRAGON DIVE KOMODO channel you booked, either online or by telephone. The cancellations and amendments policy that applies to your reservation will depend on the respective DRAGON DIVE KOMODO hotel’s policy as advised at the time of booking.
5. Rate/Reservation Validity
Reservation confirmations are provided to you solely for your convenience. DRAGON DIVE KOMODO and DRAGON DIVE KOMODO hotels retain official records of reservation transactions, including dates of stay and room rates. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, DRAGON DIVE KOMODO’s official records shall prevail. Tampering with this confirmation to alter the room rate or any other reservation information is strictly prohibited and will have legal consequences.
6. Early Departure
Some DRAGON DIVE KOMODO hotels and resorts have an early departure penalty fee, and some room rates may also require a minimum stay. You may change your check-out date without a penalty only if your rate and the DRAGON DIVE KOMODO hotel’s policy permit.
7. Currency
Reservations will be charged in the hotel’s local currency as shown on the DRAGON DIVE KOMODO website or given over the telephone at the time of booking. Any currency conversion is for guidance only. Any deposits or pre-payments will be deducted from the final reservation invoice in the hotel’s local currency.
If any, a refund of a deposit or prepayment will be subject to the exchange rate applied by your payment card provider at the time of such refund and may differ from the exchange rate applied at the time such deposit or prepayment was made.
8. Rate Requirements
As some rates have special requirements at check-in, you should verify that you qualify for the speed you have reserved. DRAGON DIVE KOMODO hotels are not obligated to honour this rate if you do not qualify or do not have proof of qualification.
9. Pre-paid Reservations
Some rate plans require prepayment in full and are non-cancellable, non-refundable, non-changeable and non-transferable. This will be identified in the rate description. For these rate plans, once you make a reservation, your credit card will be charged for the total amount. Credit will not be given for any unused reservation, and the amount paid by you for such reservation cannot be used toward any other/future reservation.
10. Guarantee Rules
For reservations guaranteed with a credit card at the time of making your reservation, rooms are held until the DRAGON DIVE KOMODO hotel check-out time on the day following the day of arrival. The DRAGON DIVE KOMODO hotel may authorize the room rate before arrival and reserve funds, including taxes, on the credit card to determine the validity of the credit card. Rooms booked with an invalid credit card are subject to immediate cancellation.
11. Overbooking
In the event that a guest cannot be accommodated due to the DRAGON DIVE KOMODO hotel overbooking or an unforeseen circumstance, the DRAGON DIVE KOMODO hotel will attempt to accommodate guests, at its expense, at comparable property in the area for the night(s) for which the DRAGON DIVE KOMODO hotel is unable to accommodate such guests, and will pay for transportation to that property.
12. Special Requests
DRAGON DIVE KOMODO hotels will strive to honor any request for specific room types or bed types and some DRAGON DIVE KOMODO hotels will confirm such arrangements at the time you make your reservation. Until specific confirmation is issued then your request cannot be guaranteed and neither DRAGON DIVE KOMODO nor the DRAGON DIVE KOMODO hotel can guarantee that your request will be honored.
13. Pets
If you plan to travel with your pet, we recommend that you confirm directly with DRAGON DIVE KOMODO or the DRAGON DIVE KOMODO hotel that the DRAGON DIVE KOMODO hotel does NOT accept pets.
14. External services
The DRAGON DIVE KOMODO website or the DRAGON DIVE KOMODO hotel at which you stay may advertise the opportunity to purchase products or services from independent third-party suppliers (“independent suppliers”) including, by way of illustration only and without limitation, [excursions, yacht charters, other examples] (“external services”). The following provisions apply to all external services:
(i) All information on the DRAGON DIVE KOMODO website or otherwise communicated by DRAGON DIVE KOMODO regarding external services has been provided to DRAGON DIVE KOMODO and your DRAGON DIVE KOMODO hotel by the independent suppliers. Such information does not constitute any endorsement or recommendation of the external service by DRAGON DIVE KOMODO or your DRAGON DIVE KOMODO hotel and is for general guidance only. Neither DRAGON DIVE KOMODO nor your DRAGON DIVE KOMODO hotel makes any representation or warranty, express or implied, as to the nature, quality, cost or any other aspect of the external services and it is your responsibility to check all relevant details of the external services with the independent supplier prior to purchase or booking.
(ii) Your contract for any external services will be made direct with the relevant independent supplier, and neither DRAGON DIVE KOMODO or your DRAGON DIVE KOMODO hotel has any involvement in or control over the provision of external services. Consequently, neither DRAGON DIVE KOMODO nor your DRAGON DIVE KOMODO hotel will have any liability to you for the warranties, representations, acts, errors, omissions, breaches, or negligence of any independent supplier or for any accidents, personal injuries, death, loss of or damage to property or any other losses, damages, costs or expenses resulting, directly or indirectly, from your purchase or use of any external service.
It is your responsibility to check that, where appropriate, the independent supplier has adequate public liability insurance for the external service and/or to ensure that you and any dependents or associates using the external service have adequate personal insurance cover against all foreseeable risks.
15. Guest’s obligations
You agree to the terms and conditions of purchase imposed by DRAGON DIVE KOMODO and each DRAGON DIVE KOMODO hotel. You also agree that you are fully responsible and shall pay for all charges, fees, duties, taxes, assessments and other amounts arising from your reservation when due, including additional taxes and fees that may not be included in the quoted rate.
You understand that any violation of a DRAGON DIVE KOMODO hotel’s conditions may result in the cancellation of your reservation and you forfeit any monies paid for such reservation and a DRAGON DIVE KOMODO hotel debiting your account for any costs it incurs as a result of such violation.
16. Privacy and data protection
Our Reservation Privacy Policy (set out below) will apply to your reservation and forms part of these Reservation Terms and Conditions.
17. Intellectual Property Rights
‘DRAGON DIVE KOMODO’ has trademark protection. Any copyright and other intellectual property in the content and materials on the DRAGON DIVE KOMODO website remains with DRAGON DIVE KOMODO or the relevant DRAGON DIVE KOMODO hotel.
Downloading, copying or otherwise using any material on the DRAGON DIVE KOMODO website is permitted only for private use and limited to the sole purpose of making a DRAGON DIVE KOMODO hotel reservation.
18. Force Majeure
Neither DRAGON DIVE KOMODO nor any DRAGON DIVE KOMODO hotel will be liable for any change or cancellation of any reservation caused, in whole or in part, by events, occurrences, or causes beyond the control of DRAGON DIVE KOMODO or any DRAGON DIVE KOMODO hotel. Such events, occurrences, or causes include, without limitation, acts of God, terrorist activities, weather, strikes, lockouts, riots, acts of war, earthquakes, volcanic activity, ash clouds, tsunamis, fire, explosions, pandemics.
19. Limitations
Neither DRAGON DIVE KOMODO nor any DRAGON DIVE KOMODO hotel nor other providers of products or services related to the Reservations Facility are responsible for communication malfunctions, failures, difficulties or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, neither DRAGON DIVE KOMODO nor any DRAGON DIVE KOMODO hotel nor any other providers of products or services related to the Reservations Facility is responsible for incorrect or inaccurate entry information, whether caused by user(s), by any of the equipment or programming associated with the Reservations Facility, or by any technical or human error that may occur in the processing of any information related to the Reservations Facility and shall not be liable for damages resulting from any of the foregoing.
DRAGON DIVE KOMODO and any DRAGON DIVE KOMODO hotel may cancel or modify reservations where a user has engaged in fraudulent or inappropriate activity or under other circumstances where the reservations appear to contain or result from a mistake or error.
20. Governing Law
The laws of Indonesia govern these Reservation Terms and Conditions, and the courts of Indonesia shall have exclusive jurisdiction about any dispute in regard thereto.
21. Contact Details
Dragon dive Komodo , jl Mutiara kampung unjung, Labuan Bajo 86754 , NTT, Indonesia
Any queries arising from these Reservations Terms and Conditions should be sent by email to: hotel@dragondivekomodo.com.
RESERVATION PRIVACY POLICY
This Reservation Privacy Policy provides you with information about the personal data DRAGON DIVE KOMODO collects in connection with the reservation at your chosen DRAGON DIVE KOMODO hotel, why we need to manage it, how it will be used, who it will be shared with and your rights in relation to it.
The personal data DRAGON DIVE KOMODO collects
To complete your reservation and arrange its fulfilment DRAGON DIVE KOMODO needs to collect the following personal data as part of the reservation process:
your first and last name;
your email address;
your country of residence
details of your payment card are not including the card number, cardholder name, expiry date and CVV number as it’s directly managed by the OTA or reservation direct. We will never ask you any of these information’s.
You may also, if you wish, provide DRAGON DIVE KOMODO with:
your postal address (home or business);
preferred contact telephone number.
Nationality
Email Address
The personal data you provide DRAGON DIVE KOMODO during the reservation process will be referred to in this Reservation Privacy Policy as the Reservation Data.
How DRAGON DIVE KOMODO uses the Reservation Data
DRAGON DIVE KOMODO will be the data controller of the Reservation Data.
It is necessary for DRAGON DIVE KOMODO to process the Reservation Data so that the contract for your hotel reservation can be fulfilled and to take all the required steps, including transmitting the Reservation Data to the relevant DRAGON DIVE KOMODO hotel which may be outside the European Economic Area.
DRAGON DIVE KOMODO has appointed a third party (outside the European Economic Area) to process the Reservation Data.
In relation to any transfers of the Reservation Data outside the European Economic Area necessary to complete and fulfil the reservation, DRAGON DIVE KOMODO has put in place all necessary legal, technical, and organizational measures to ensure the protection of the Reservation Data, details of which can be obtained on request from DRAGON DIVE KOMODO (booking@dragondivekomodo.com ).
DRAGON DIVE KOMODO will only share the Reservation Data with its appointed data processor and with the relevant DRAGON DIVE KOMODO hotel.
On receipt of the Reservation Data, the relevant DRAGON DIVE KOMODO hotel will also become a data controller of the Reservation Data. It will use it for all purposes necessary to fulfil your reservation including contacting you before your stay.
Your DRAGON DIVE KOMODO hotel will not use the Reservation Data for any purpose other than fulfilling your reservation. You will need your specific consent to use it for any other purpose.
DRAGON DIVE KOMODO and the relevant DRAGON DIVE KOMODO hotel will only store the Reservation Data for as long as is necessary to fulfil your reservation. The Reservation Data will be destroyed, anonymized and/or deleted once your reservation has been fulfilled and all payment and administrative matters have been completed.
Your rights
You have the following rights in relation to the Reservation Data:
to request access to the Reservation Data by an email request to (booking@dragondivekomodo.com);
to request that the Reservation Data be amended or deleted although that may mean your reservation cannot be fulfilled.
to make a complaint regarding the Reservation Data to the Information Commissioner’s Office.
PART 4: THE DRAGON DIVE KOMODO SALE TERMS AND CONDITIONS
Please note the payment must be paid in full at the time of booking and is non-changeable and non-refundable.
Offer cannot be combined with any other promotion and payment cannot be made using a DRAGON DIVE KOMODO Gift Certificate.