Participants are deemed to have read, understood and accepted the following Terms & Conditions of BORACAY ADVENTURES INC. BORACAY ADVENTURES INC. shall be known as “The Company” in the TERMS & CONDITiONS:
REGISTRATION & PAYMENT
A payment of 50% of the Course Fees is required upon registration of the diving courses and the balance should be paid before certification. A non-refundable payment of 50% is required upon registration for Fun Diving and balance should be paid before the dive. In an event due to bad weather, the payment will be refunded.
CREDIT CARD / CHARGE CARD
For payment made through credit card or charge card, a Service Fee of 5% is chargeable. In cases of refund through credit card or charge card, it will be made through cash with additional of 5% as Processing Fee.
Prices are subjected to revision without notice in the event of unforeseen circumstances like currency fluctuations.
The Company reserves the right to cancel any dive for any reason whatsoever. Should this happen, the entire payment will be refunded without any further obligations or liability on the part of the Company.
RIGHT TO EFFECT CHANGES
The Company reserves the right to alter any route, itinerary without prior notice to you if it shall in its reasonable discretion think fit and necessary or in the case of force majeure.
The Company also has the right to decline acceptance of any diver if it appears that that diver is likely to endanger the health of safety, impair the comfort and enjoyment of others.
COMPLAINTS / CLAIMS
Any complaints / claims have to be made in writing to the President of the Company. This agreement is governed by the laws of the Republic of Philippines and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Philippines.
DIVE CERTIFICATION PROOF
For Fun Divers, your Certification Card (C-Card) or Dive Log form part of our verification for your diving skills. The C-Card and date of last dive needs to be provided to the Company before the dive.
Rental of equipment is provided as an additional assistance only. The Company is not responsible for equipment malfunctions whilst on the dive, injuries to hirers or damage to equipment. It is the sole responsibility of the diver to acknowledge that the equipment are in good order prior to the dive. The diver will also assume the responsibility to reimburse the Company for any equipment lost &/or damaged whilst under the care of the diver.
All arrangements for the provision of transport, accommodation, sightseeing tours and other services are made by the Company through appointed agents only.
All exchange orders, receipts, contracts and tickets issued by the Company are subject to applicable tariffs, terms and conditions under which the accommodation, transportation and other services whatsoever are provided by the hotels, transport companies, airlines, railroad lines, steamship lines, owners or contractors concerned. By acceptance of such exchange orders, receipts, contracts and tickets, the tour participant is deemed to have agreed to the applicable tariffs, terms, and conditions.
Every person participating in any tour/holiday organized by the Company does so at his own risk with respect to loss or damage to property or injury to person except where such loss, damage or injury was caused by the negligence or willful misconduct of the Company, its employees or agents. The tour participant accepts full responsibility for damages, losses, and expenses due to delay, sickness, weather, strikes, quarantine, or acts of God. No tour leaders/guides or other employees or agents of the Company are authorized to commit the Company to any liability whatsoever and the Company will not be bound by any statement or representation unless in writing and signed by a management executive of the Company.
The Company is only acting as an agent in organizing the respective holiday components and will not be held responsible for any loss, damage, cost, expense or inconvenience caused by the suppliers or appointed agents of such holiday component. In no case shall the Company or their employees or agents be liable for any causes outside their reasonable control or from any act or omission of the suppliers or appointed agents.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.