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Terms and Conditions

Last updated: August 06, 2023

Please read these Terms and Conditions carefully before using our website.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

Company: Referring to Liveaboards.com Limited, owner of the website www.Liveaboards.com, hereafter known as Liveaboards.com

Website: Refers To Liveaboards.com, Accessible From Www.Liveaboards.com

User: The person accessing this website, either by direct access or through a referral, social media or by organic search.

Agent: Liveaboards.com acts as an agent or intermediary between the guest and the operator.

Guest: The website user of www.Liveaboards.com who makes the booking of an Operator trip through a successful payment via www.Liveaboards.com.

Operator: The liveaboard partner published on www.Liveaboards.com

Product: The product refers to the liveaboard Operator and the specific trip a liveaboard Operator advertises on www.Liveaboards.com

Trip: Individual services provided by the Operator under the form of industry specific liveaboard trips on which the Guest will be onboard of the Operator’s liveaboard vessel.

Price: Refers to the amount paid by the guest as advertised on www.Liveaboards.com or as communicated and renegotiated during the booking process between the Guest and the Operator, intermediated by www.Liveaboards.com

Payment: The action taken by a user to convert into Guest by issuing payment via www.Liveaboards.com for a requested Product.

Best Price guarantee: Agreement between www.Liveaboards.com and the Operator to provide the best market price currently available and promoted by the Operator.

Cancellation fee: An amount of money paid by the Guest in case the Guest cancels a specific Reservations

Reservation: The agreement between the Guest and the Operator successfully activated by the written acceptance of the Operator followed by the successful payment executed by the Guest via www.Liveaboards.com

Reservation Confirmation: The Reservation Confirmation e-mail that is sent to the Guest representing the Reservation Invoice acting both as a Sales Invoice and as a Reservation Confirmation to justify the Product.

Force Majeure: Unforeseeable circumstances that prevent either the Guest, the Operator or www.Liveaboards.com from fulfilling a contract, agreement or any other form of promise or action. Such unforeseeable circumstances are events outside human control, such as sudden natural disasters, wars, or other acts of God, which render the performance of the agreement impossible or impractical.

Acknowledgment

These are the Terms and Conditions governing the use of this website and the agreement that operates between the Guest and the Operator. These Terms and Conditions set out the rights and obligations of all users regarding the use of the website. The access to and use of the website is conditioned on the user’s and / or the guest’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the website. By accessing or using the website, the user and/or the guest agree to be bound by these Terms and Conditions. If the user and/or guest disagree with any part of these Terms and Conditions then the user and/or guest may not access the website The user and/or guest represent that the user and/or guest are over the age of 18. The website and Company does not permit those under 18 to use the website. The user’s and/or guest’s access to and use of the product is also conditioned on the user’s and/or guest’s acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of the user’s and/or guest’s personal information when the user and/or guest use the website and tells the user and/or guest about the privacy rights and how the law protects the user and/or guest. Please read our Privacy Policy carefully before using our website.

1. Reservations

1.1 Reservations are being actioned exclusively via Liveaboards.com website. Reservations may not be created, modified or cancelled by telephone call. E-mail communication is required for any actions taken by the user and/or guest.

1.2 As an Agent, Liveaboards.com holds no responsibility over any reservation other than guaranteeing a successful confirmation and information distribution to the Operator, according to the Operator’s internal policies and the Guest’s requests. As such, Liveaboards.com does control nor is responsible for any of the Operator’s Products beyond publishing such Products accordingly on the Website.

1.3 Reservation related policies such as but not limited to Payment Policies, Cancellation Policies, Refund Policies, either for FIT (Free Independent Traveler) and/or Group reservations or Charter reservations, are under the exclusive ownership and management of the Operator. Liveaboards.com holds the responsibility to communicate such policies transparently during the reservation process or whenever actioned by the Guest.

1.4 After the successful confirmation of the reservation through payment via www.Liveaboards.com, the guest may be required by the Operator to provide additional documentation such as but not limited to: copies of passports, health or travel insurance, COVID-19 vaccination certificates, flight itineraries or boarding passes, etc. In the event the guest fails to provide such documentation, Liveaboards.com actioned by the Operator holds the right to cancel the reservation.

2. Payments

2.1 Payments actioned by users are exclusively requested by Liveaboards.com through private secure payment links.

2.2 Reservations are considered confirmed after the Payment is successfully received by Liveaboards.com.

2.3 A Booking Confirmation e-mail with financial data will be sent to the Guest’s email address which can be used as confirmation for the Reservation.

2.4 Payments for Products are actioned exclusively according to the Operator’s provided Payment Policy for deposit and balance payments. Liveaboards.com does not provide a dedicated payment policy of any kind, other than that of the Operators.

2.5 Liveaboards.com cannot be held liable for third-party payment processors such as but not limited to credit card processors, banks or e-money providers.

2.6 Payments for Products can be made through 2 currencies: EURO (EUR) or US dollar (USD). The website currency converter is provided for referencing purposes only and should not be considered for payments.

3. Cancellation & Amendments

3.1 Liveaboards.com does not provide its own cancellation policy and as such may not be held responsible in any way or matter for any cancellations, refunds or amendment circumstances.

3.2 Each Operator is responsible for the Cancellation Policy, Refunds and Amendments to Reservations. The Operator provides Liveaboards.com their respective policies and Liveaboards.com takes the responsibility to publish such policies transparently on the Operator’s liveaboard profile page and during the reservation process on the website.

3.3 Submitting a reservation or issuing a payment for a reservation represents the user’s and/or guest’s acceptance of the Operator’s Cancellation Policy and all other policies thereafter.

3.4 Circumstances of No-Show or early departures from a Trip are considered voluntary cancellation by the guest.

3.5 If a refund is to be provided to the Guest, any transaction fees shall be born by the Guest and deducted from the refund transfer.

3.6 Cancellation requests must be submitted exclusively in writing to rescom@liveaboards.com

3.7 In the event of cancellation by the Operator, Liveaboards.com will assist with communication between the Guest and Operator for trip rescheduling or refunds following Operator policies.

3.8 Operator policies may change without prior notice or at any moment in time. Liveaboards.com will publish such changes as soon as possible after such changes are successfully received.

4. Special Requests from Guests

4.1 Guest special requests may be accommodated by Operators without obligations. Liveaboards.com will guarantee that such special requests from Guests are being communicated to the Operator while also seeking confirmation for such special request.

4.2 Special requests from Guests may represent but are not limited by: dietary restrictions, activities, scuba diving equipment, airport or hotel transfers, etc.

5. Best Price Guarantee

5.1 The Liveaboards.com Best Price Guarantee program represents a guarantee provided by Liveaboards.com in coordination with the Operators to ensure that the published rates are the best prices of the moment.

5.2 Due to delays in updating the Liveaboards.com website, during the reservation communication with the Operator, Liveaboards.com will ask for confirmation of price accuracy, guaranteeing at all times the best price of the moment.

6. Responsibility of the Guest

6.1 Guests are responsible for meeting the requirements of the Operator for boarding clearance, health and diving experience. Other requirements may apply depending on the Operator which will be communicated properly.

6.2 Guests bear the responsibility of voluntarily informing in due time of any details that may be considered paramount for the Operator to be aware of that may impact the Operator’s ability to provide the Product or any other services related to the Product.

6.3 Liveaboards.com expreses with utmost importance that all Guests should purchase scuba diving and/or travel insurance. The majority of Operators require the minimum of diving insurance to be able to clear Guests for boarding. Failure of purchasing diving and/or travel insurance may force the Operators to disembark Guests and cancel the reservation without refund.

6.4 Guests must be aware of passport, and visa requirements for entry into the Operator’s country of operations.

6.5 Guests are responsible for being observant of entry requirements into the Operator’s country of operations.

6.6 Guests are responsible to adhere to the Operator’s code of conduct, or any other rules related to the Product. Under any circumstances the Guests break any such Operator rules, Liveaboards.com holds no responsibility of any kind.

6.7 Operators require specific information prior to Guest embarkation. Such information may be requested through specific reservation forms or Operator owned on-line applications. Liveaboards.com shall share such forms or on-line applications in due time. The Guest has the responsibility of filling the requested information in due time. Failure to provide such information may result in booking cancellation without refund.

7. Liability

7.1 Users and Guests may not hold Liveaboards.com liable for unforeseen circumstances of any kind at any moment in time.

7.2 Liveaboards.com may not be held liable for delays or cancellations in air flights or any other actions or issues that may arise from third-parties.

7.3 Liveaboards.com is responsible exclusively for information published on the website.

7.4 Liveaboards.com may not be held liable for information correctly published on the website provided by the Operator, such as on the Operator dedicated profile pages.

7.5 Liveaboards.com may not be held liable for any changes actioned by the Operator such as but not limited to: liveaboard change, trip change, cabin changes, or any other changes from the Operator.

7.6 Liveaboards.com may not be held liable for but not limited to personal physical injuries, wrongful death, personal property damages, etc.

7.7 Liveaboards.com may not be held liable for circumstances arising from risks associated with scuba diving, snorkeling or any other activities that the Operator may organize.

7.8 Liveaboards.com may not be held liable for the quality of the Product provided by the Operator. Liveaboards.com provides Guests with the opportunity to submit a Review within 7 days after the Reservation is completed.

8. Complaints & Conflict Resolutions

8.1 Liveaboards.com shall record and submit any Guest complaints to the Operator. If any claims are made by the Guests, Liveaboards.com shall distribute such claims to the Operator without responsibility for such claims to be honored.

8.2 Liveaboards.com shall act as a mediator between the Guest and the Operator provided the conflict can be amicably resolved.

8.3 If the Conflict Resolution between the Guest and the Operator provides a refund of any amount to the Guest, Liveaboards.com shall claim 10% of the refund amount as operational cost for Conflict Resolution.

8.4 When submitting complaints of any kind, Guests should provide accurate information of the issues with credible and reliable proof.

8.5 In the unfortunate circumstance a complaint between the Guest and Operator does not come to a amicable resolution and legal action is taken from either party, Liveaboards.com may not be called as witness or any part in such legal action.

9. Review Posting Policy

At Liveaboards.com, we value feedback from our community and believe in transparent, honest, and constructive reviews. To ensure the integrity of our platform, we ask that you follow this review posting policy:

9.1 Reviews posted on Liveaboards.com are verified Guests. The website sends review invitations via email after the specific Reservation of the guest is completed.

9.2 A Guest has a timeframe of 7 days from the review invitation to submit the review. After the 7 days pass, the review invitation link expires and the Guest may not post the review.

9.3 Authenticity: Guests may post reviews from their personal experience and may not comment on the experience of other guests. Reviews should reflect the Guest’s genuine opinion about the Trip, Product or Operator.

9.4 Relevance: Guests may not post reviews that are not relevant to the Trip, Product or Operator. Guests should refrain from posting personal grievances or issues unrelated to the specific Trip, Product or Operator.

9.5 Respectful Language: Liveaboards.com encourages honest feedback, but Guests must avoid using profanity, hate speech, threats, or personal attacks in their reviews.

9.6 Personal Information: Guests may not post in their reviews personal information (full names, email addresses, addresses, phone numbers, etc) or any third-party’s personal information.

9.7 Conflict of Interest: Guests may not post reviews if affiliated with or are an employee of the reviewed Operator or a competitor.

9.8 Accuracy: Guests must ensure their reviews are factual and to avoid speculations, exaggerations or misinterpretations.

9.9 No Legal Allegations: If a legal action is being actioned by the Guest or Operator, such subjects should be handled through the appropriate channels.

9.10 No Commercial Content: Guests shall avoid including promotional or commercial content in reviews. This includes links to other websites, promotional codes, or any form of advertising.

9.11 All reviews posted on Liveaboards.com shall enter into Pending Approval status while being checked for policy compliance.

9.12 Liveaboards.com shall reject such reviews that fail to adhere to the Review Posting Policy.

9.13 Liveaboards.com shall not fact check Reviews and shall exclusively approve a review following the above Review Policy.

9.14 If a posted review is rejected by Liveaboards.com Compliance Team, the Guest will have a second chance to post a review. If the second review posted is rejected, the Guest shall not be able to post another review for the particular Reservation.

10. Photo Posting Policy in Reviews

At Liveaboards.com, we believe that photos can enhance the review experience by providing a visual perspective of our users' adventures. To ensure the quality and appropriateness of the content, we've established the following guidelines for posting photos in reviews:

10.1 All reviews containing pictures uploaded by Guests shall undergo the same Pending Approval checks of Compliance as point 9. Review Posting Policy.

10.2 Nudity: Guests may not post reviews that may display nudity of any kind.

10.3 Original Content: Guests may post imagery taken by themselves or have explicit permission to use. By uploading pictures, Guests agree and understand they hold the rights to the imagery and grand Liveaboards.com a license to use the image on the website.

10.4 Respect for Privacy: Guests may not post imagery of other Guests without explicit consent. If Liveaboards.com receives any notification to remove such imagery, Liveaboards.com shall comply.

10.5 Liveaboards.com reserves the right to evaluate, reject or remove photos that do not comply with these guidelines.

10.6 Feedback on Imagery: The Liveaboards.com community of users, may provide feedback on imagery. If consistent negative feedback is received or any imagery is flagged, we may review and possibly remove such imagery.

10.7 No Commercial Content: Guests shall avoid uploading imagery with watermarks, logos, promotional text or any form of advertising.

11. Operator Response to Reviews Policy

Recognizing the importance of two-way communication, Liveaboards.com encourages operators to respond to reviews to provide clarity, address concerns, or thank guests for their feedback. However, to maintain a respectful and productive platform, we require operators to adhere to the following guidelines:

11.1 Professionalism: Operators shall ensure that their responses are courteous and professional regardless of the tone of the Guest review. Operators shall avoid using aggressive or confrontational language while remembering that the Operator Review Response is merely a response and not a conversation.

11.2 Relevance: Operators shall ensure to remain relevant in their review response while addressing the points of the review. Operators shall avoid unrelated topics or personal remarks in their review response.

11.3 Timeliness: Liveaboards.com encourages Operators to post their response in a timely manner. Operators shall benefit of a 7 days timeframe from the moment the Guest review is approved by Liveaboards.com Compliance Team.

11.4 Confidentiality: Operators shall refrain from disclosing any personal information about the Guest, or any other guests. This includes names, contact details, booking information, or any other such identifiable details.

11.5 Moderation: Liveaboards.com reserves the right to review and remove operator responses that do not adhere to these guidelines. The Operator shall receive a second chance to post a response that has been firstly rejected. If the second response of the Operator is rejected, the Operator may not post another response related to the particular Reservation.

12. Miscellaneous

12.1 All content on the website of Liveaboards.com is published with sincere intentions and is deemed accurate at the moment of posting. Liveaboards.com may not be held liable for discrepancies arising from 'outdated' information supplied by any Operator.

12.2 All of the information published on the website of Liveaboards.com is the property of Liveaboards.com and thus protected by copyright. Any of the information on the website may not be duplicated or copied without prior written consent by Liveaboards.com. In exception, Liveaboards.com does not hold any rights to Destination names, dive sites names, Operator names, technical details, topography descriptions, and any other such public information.

12.3 Liveaboards.com claims copyright to the manner and creativity of the presented information on the website.

12.4 Liveaboards.com reserves the right to update, modify, change, alter or remove any information in these Terms at any moment in time. Such updates, modifications, changes, alterations or removals shall be informed via email to the database of emails currently subscribed to Liveaboards.com

 

Liveaboards.com Limited

Address: Suite C , Level 7, World Trust Tower, 50 Stanley St, Central, Hong Kong

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