Terms and conditions
Terms of service
Welcome to the Terms of conditions and Service for the Nomadic Scuba website and any associated services. This is an agreement (“Agreement”) between, Nomadic Scuba Limited (“Nomadic Scuba”), the owner and operator of nomadicscuba.com (the “Site”), the Nomadic Scuba software (“Software”) and any services provided by Nomadic Scuba or a Service Provider represented on nomadicscuba.com (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site, Software, and Service.
Throughout this Agreement, the words “Nomadic Scuba,” “us,” “we,” and “our,” refer to our company, Nomadic Scuba Limited and our Site, Software, or any Services, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information to the Site and Service, including but not limited to text, photos, pictures, comments, designs, data, or videos will be referred to as “Content” throughout this Agreement.
Nomadic Scuba has developed the Site and an online booking system (the “Online Booking System”) which enable individuals to browse, compare and book (the “Booking”) accommodation and diving services directly with a service provider (the “Service Provider”), including dives or diving packages, guided tours, diving safaris, courses, rooms, and equipment rental (the “Services”).
By browsing, accessing and using the Site and by using the Online Booking System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.
The Parties agree as follows:
Scope of Service
nomadicscuba.com acts solely as an intermediary between you and the Service Provider and through the Online Booking System enables you to make a Booking directly with the Service Provider, and:
Booking created through the Online Booking System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the “Service Provider Terms”). You are solely responsible for reading and understanding the Service Provider Terms prior to making a Booking.
nomadicscuba.com does not charge you for the use of Site or Online Booking System.
Information displayed on the Site is based on information provided to nomadicscuba.com by the Service Provider (the “Service Provider Information”). The Service Provider represents that the Service Provider Information is accurate, up to date, and not in any way misleading. nomadicscuba.com does not guarantee that the information is reliable, accurate, complete, or free from errors.
nomadicscuba.com does not endorse any of the Service Providers and makes no representations with respect to the affordability, quality, safety, or suitability of the Service Providers, or their ability to deliver the Services.
The order in which information is displayed on the Site does not constitute an endorsement of any Service Provider. nomadicscuba.com might use an automatic ranking process, which will be based on objective and fair criteria.
nomadicscuba.com will ask customers to comment on all aspects of the Services, and may post such reviews on the Site.
Unless otherwise indicated in the Service Provider Terms, all rates and prices listed through the Online Booking System include the entire cost for all services and charges related to the Services, including but not limited to all surcharges, taxes and levies.
Services displayed on the Site are available for booking and subject to confirmation within 48 hours upon completing the booking through the Online Booking System, and:
For Services quantified in days, Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
For Services expressed in units other than days, the Service Provider reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Service Provider has limited availability during the date range specified in the booking, the Service Provider agrees to notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.
All fees, costs, charges, and taxes with respect to Services are payable to nomadicscuba.com in the currency indicated in the booking confirmation. Once a user makes a booking using the Online Booking System, Nomadic Scuba will pre-authorise the user’s credit card. The user’s credit card will be charged once the confirmation from the Service Provider has been obtained.
The Service Provider will clearly set out their cancellation policy in the Service Provider Terms. The Service Provider will not charge a cancellation fee provided that the booking is cancelled during the no-charge cancellation period as set out in the Service Provider Terms.
Service Provider reserves the right to cancel or may suggest to provide Services at an alternative date in the event that weather conditions make it unsafe to provide Services at a date specified in the booking confirmation. In such case, the Service Provider will act in accordance with the applicable policy specified by the Dive Center. If the Service Provider is permanently unable to deliver the Services as a result of acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, or riots, the Service Provider will use commercially reasonable efforts to inform the Service Provider Customer without delay and will refund to the Service Provider Customer without deduction any amounts collected by the Service Provider in payment for the Services. The scope of costs to be paid or reimbursed to the Service Provider Customer by the Service Provider is limited to costs directly related to providing Services in accordance with the booking made through the Online Booking System, including dives, diving packages, guided tours, diving safaris, courses, rooms, and equipment rental. Service Provider is not to be held responsible for costs such as airfare, or any other costs that are not directly related to providing Services.
By booking Services through the Online Booking System, you agree that you reviewed the standards and requirements of the Service Provider, including but not limited to minimum diving certification requirements, diving insurance requirements, personal information that the Service Provider requires you to provide, and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with the requirements and we encourage you to enquire with the Service Provider about requirements prior to making a booking. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fee may apply.
Nomadic Scuba may issue promotion codes applicable to qualifying Services. Instructions on how to redeem promotional codes may vary and will be set out in applicable terms. Nomadic Scuba reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to services booked through any of Nomadic Scuba’s Sites. The discount may be provided directly by Service Provider or you will be compensated by Nomadic Scuba for the amount of discount if Service Provider charges the full price at the time of payment for Services.
Nomadic Scuba makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Site, the Online Booking System, the Service Provider Information, the Service Provider Terms, the Services, or otherwise. In no event will Nomadic Scuba Limited or its affiliated companies, directors, employees, agents, or contractors (the “Representatives”) be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to:
• viruses or harmful components in software on the Site, interruption, delay or inability to use the Site or the Online Booking System, and damage to computer equipment or other property;
• implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
• inaccurate, incomplete, unreliable, or misleading Service Provider Information; or
• any act or omission of the Service Provider or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the Booking or the Service Provider Services.
Personal Use Only
You agree that you will not use the Site or the Online Booking System for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or hotlink any information, content, services, products, images or software on the Site without written consent from Nomadic Scuba. You will not make any speculative, false, or fraudulent booking using the Online Booking System or attempt to advertise any services through posting comments or reviews.
Nomadic Scuba Limited is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Site and the Online Booking System. By posting reviews or comments, you grant Nomadic Scuba Limited a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future customers. You agree that Nomadic Scuba Limited may decide to remove your reviews or comments from the Site at its discretion, such as in the event that it deems your reviews or comments to be offensive.
Legal Structure and Governing Law
Nomadic Scuba Limited is a company duly incorporated pursuant to the laws of the United Kingdom. These Terms of Service shall be construed in accordance with the laws of the United Kingdom.