TRAVEL/TOUR TERMS & CONDITIONS
Reserving or participating in any travel services offered by Ascuba Venture Inc(authorized to do business as Ascuba Venture & The Swim School of Corpus Christi) (hereinafter "Ascuba Venture", "we", "us") constitutes a contractual agreement between the participant ("Participant," "you") and Ascuba Venture and is an acknowledgement that you have read, understand, and agree to be bound by these Terms & Conditions ("Terms"), which includes Health & Safety and any other applicable waivers (see "Waivers" section) for your trip. You must be at least 18 years of age to make a reservation. In all cases, the person making the reservation represents and warrants that all participants have consented to, accepted, and agreed to be bound by these Terms.
Ascuba Venture reserves the right to update or amend these Terms at any time prior to your making a reservation. An up-to- date copy of these Terms is accessible on Ascuba Venture' website at AscubaVenture.com The Terms as lited online when completing a reservation are those that control.
Payment on any Tour indicates you and all members of your traveling party have read and accepted these Terms. Your booking is not confirmed until your payment is processed by Ascuba Venture, and you receive a confirmation invoice.
PARTICIPATION:
Ascuba Venture reserves the right to decline to accept or retain any person as a member of any tour, in which event your sole remedy shall be a prorated refund for any unused portion of the trip. Ascuba Venture further reserves the right to remove any person from a tour whose comportment is disruptive or dangerous to other tour participants, to Ascuba Venture representatives or to third parties involved in the tour or is in violation of any applicable agreement between us and you.
Should this occur, you will forfeit the trip cost, and Ascuba Venture shall have no liability, financial or otherwise.
We reserve the right to cancel any Tour because of inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a Tour, our liability is limited to a full refund of your payments to us, and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances.
REVISION OF CONTENTS OF SERVICES:
Ascuba Venture may at any time cancel the tour or revise its contents and services for any of the following reasons: natural calamity or disaster, weather conditions, suspension of services rendered by transport, accommodation, or service provider facilities, provision of transportation not based on the original operational plan, governmental orders, pandemic, or other circumstances beyond Ascuba Venture' control. Ascuba Venture reserves the right to take necessary measures when safe, smooth tour operation in accordance with the itinerary is deemed impossible, or when there is valid reason to believe that the tour cannot continue. In such cases, Ascuba Venture must explain in a timely manner its inability to function according to the itinerary under the circumstances. However, said explanation may be made after revisions are made when conditions demand.
RESPONSIBILITY:
The carriers, accommodations, and other suppliers providing package services are independent contractors and are not agents, employees, or servants of, or joint ventures with, Ascuba Venture or its affiliates. All travel documents for package services issued by Ascuba Venture are subject to the terms and conditions specified by the supplier, and to the laws of the countries in which the services are supplied.
Transportation:
In accordance with the terms of this agreement, the boat captain shall be held solely responsible for ensuring the safe transport of passengers to and from the designated dive site. The captain's duties are limited to the navigation and operation of the vessel, with a primary focus on providing a secure and efficient journey for all individuals on board. Any activities related to diving, underwater exploration, or other aquatic pursuits undertaken at the dive site are expressly excluded from the captain's scope of responsibility. Passengers engaging in such activities do so at their own risk, and the captain shall not be held liable for any incidents, accidents, or injuries arising from or connected to said activities. This delineation of responsibilities is binding and shall govern the relationship between the boat captain and the passengers throughout the entirety of the voyage.
PRICING:
Quoted Tour prices are per person, double occupancy except where indicated. Prices include programming, planning, handling, and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase Tour prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a Tour or its parts.
If, after departure, the services included in the package cannot be supplied, or there are changes in an itinerary for reasons beyond the control of Ascuba Venture, Ascuba Venture will arrange for the provision of comparable services. Any resulting additional expense will be payable by travelers and any resulting savings will be refunded by Ascuba Venture to its clients.
Reservations and Payments: The Tour deposit amount is listed on the Website or in your brochure. The deposit is required in order to confirm your booking. Upon receipt of the deposit, Ascuba Venture will send you confirmation of your booking. Your final payment date will be listed on the confirmation. Final payment is due sixty (60) days prior to departure unless otherwise indicated on the Website or in the brochure. If your reservation is made within sixty (60) days of departure, the entire cost of the trip must be paid at the time of the request in order to secure confirmation.
Travel Insurance: We strongly recommend that you purchase travel insurance. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
Single Travelers: Tour prices are based on double occupancy. Single travelers will be expected to pay the single supplement fee if opting out of an assigned roommate.
Cancellation by You: We must receive your cancellation notice in writing and your cancellation date will be the date on which we receive your notice.
• If we receive your cancellation notice ninety-one (91) days or more from the Tour departure date, we will refund fifty percent (50%) of the deposit amount, and all of the Tour price, to the extent that you have made that payment, unless we are able to fill your spot prior to departure, in which case you will receive a full refund.
• If we receive your cancellation notice ninety (90) to sixty-one (61) days prior to the departure date, we will retain twenty percent (20%) of the Tour price based on double occupancy, excluding optional payments.
• If we receive your cancellation notice sixty (60) days or fewer prior to the departure date, we will retain one hundred percent (100%) of the Tour price.
• Any penalty imposed by an airline, including for airline service between points on the Tour or travel to or from the Tour, is your responsibility.
NOT INCLUDED IN THE PACKAGE PRICE:
Incidental charges and expenses other than those specified in the preceding article including, but not limited to, airfare not included in the quoted tour, costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities; meals and drinks other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability). In addition, medical expenses for injuries and illness, and traveling and accommodation costs between arrival and departure outside the duration of the package itinerary are not included in the Tour price and are your sole responsibility.
Other Taxes and Fees: Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included in the Tour price unless stated.
Baggage: We assume no liability for loss or damage to baggage in transit to and from a Tour or while on a Tour. We recommend purchasing a supplemental travel insurance package.
PASSPORTS AND VISAS:
You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website (travel.state.gov) for the latest passport and visa requirements.
DIVE ACCIDENT INSURANCE:
Ascuba Venture requires each participant to carry dive insurance to participate in the Tour. Your current medical insurance may not cover snorkeling or diving related medical emergencies and medical evacuation. During the Tour medical treatment, including hyperbaric chamber treatment may be hours or days away.
YOUNG TRAVELERS:
Unless otherwise indicated in the Tour description, all Tour passengers must be at least ten (10) years of age. However, some activities contained within an Itinerary may have a different age restriction than the overall minimum age requirement, in which case details will be provided at the time of booking. A parent or guardian must accompany travelers who are less than 18 years old on the date of departure, unless otherwise specified in the Tour description.
SAFETY:
Please be aware that during your trip arranged by Ascuba Venture, certain risks and dangers may arise beyond our control including, but not limited to, the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; the forces of nature, political unrest and accident or illness in remote regions without means of rapid evacuation or medical facilities. Ascuba Venture will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. It is understood that Ascuba Venture will use its best efforts to ensure that adequate measures are taken.
LIABILITY OF PARTICIPANT/ INDEMNIFICATION:
Participant hereby indemnifies and agrees to hold harmless Ascuba Venture, together with its owners, members, officers, employees, directors, agents representatives, contractors, partners and assigns ("Indemnified Persons"), from and against any and all loss, liability, damage or deficiency, (including interest, costs and attorneys' fees) that any of the Indemnified Persons might suffer, incur, sustain, or be subject to arising from Participant's fault, negligence, willful or wanton conduct, or Participant's breach of this Travel/Tour Terms and Conditions, the Travel Waiver and Release of Liability Agreement, the Travel Participant: Health & Safety COVID Representations - and - COVID Waiver & release of Liability Agreement, or any additional, ancillary agreements between Participant and Ascuba Venture. Participant is required to make every effort to utilize information acquired from Ascuba Venture and to understand the details of his or her rights and responsibilities as well as the details of package conditions.
PRIVACY POLICY:
Ascuba Venture will use the personal information provided only for communicating with clients and for arranging transportation, accommodation, and services as necessary in order to provide the services requested by the client. You understand that on this tour or related activities, you may be photographed. You agree to allow your photo, video or film likeness and voice to be used by Ascuba Venture, organizers, representatives and/or assigns in their sole discretion without payment.
I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERNS AND
CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF NYSELF, NY NINOR CHILD/ CHILDREN FOR WHON I HAVE THE CAPACITY TO CONTRACT, NY HEIRS AND NY PERSONAL REPRESENTATIVES. I REALIZE THAT THIS DOCUNENT IS A CONTRACT.
SSI and Ascuba Venture Inc. Recreational Scuba Assumption of Risk, Liability Release & Hold Harmless Agreement
This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing. Warning - Scuba diving uses life-support equipment and techniques that have inherent risks which may cause serious injury, illness or death.
In consideration of being allowed to participate in scuba activity or training, I [PARTICIPANT 1 FIRST NAME] [PARTICIPANT 1 LAST NAME], expressly agree to be bound by this Agreement and comply with the SSI Responsible Scuba Diver Code. I understand this Agreement is between me, my family, estate, heirs and or anyone who may have a claim on my behalf; and Ascuba Venture inc and its staff. including all instructors, leaders, facilities, boats, and diving/training sites I participate, receive training with or at; Scuba Schools International ("SSI"); and each of their respective owners, officers, employees, representatives, volunteers, agents, contractors and any others on their behalves, whether specifically named or not (herein referred to as "Released Parties").
I voluntarily assume all risks of injury, illness and death, caused by scuba diving and all related activities, whether foreseeable or not, including but not limited to risks associated with: swimming, entering and exiting the water, falling on, struck by or abandoned by a boat, separation or lost underwater, holding my breath, pre-existing health conditions, heart failure,over-exertion, panic, drowning, pressure related injuries, decompression illness, environmental and marine life injuries, unknown causes, equipment malfunctions, improper dive planning, or improper action of other divers or support personnel (including failure to rescue,recover,resuscitate, or provideemergency assistance).
I agree to waive, release, not sue, discharge, save, indemnify, and hold harmless the Released Parties of all claims, demands, causes of action, lawsuits and damages by me, my estate, family (including minor children), heirs, or others who may have a claim for my injury, illness or death as a result of any act or failure to act, including negligence by the Released Parties, associated with my scuba training and all related activities. I agree that it is my responsibility to inform my family and all those who may have legal rights on my behalf that I have entered into this Agreement and it is my intent that they be bound by this Agreement. I agree that me or my estate shall be fully liable (pay for) for the cost to the Released Parties for any claim brought on my behalf as a consequence of my participation in scuba diving and all related activities.
I have carefully read, understand and agree to comply with the SSI Responsible Scuba Diver Code during all diving activities. I understand and agree that I am responsible for my own safety and well-being during all dive training and related activities. I am responsible for being physically, medically and mentally fit to participate in scuba diving. I affirm that all personal information I have provided on medical questionnaires is truthful and accurate to the best of my knowledge, and I will not hold others responsible or liable for any injury, illness or death caused by my failure to disclose a known medical condition. I am responsible for my own equipment configuration, assembly, and pre-dive inspection to verify it is appropriate and functioning properly. I am responsible for planning and performing all my dive activitie, including anticipating potential emergencies. I will not hold anyone, including the Released Parties, responsible for failure to protect my well being, ensure my proper use of equipment, or conduct my dive activities competently. I will not dive in conditions or at times that are not within my abilities and comfort level. If conditions become dangerous or I do not feel wellorI become injured, I will immediately notify the dive leader and takeactionto correct the situation.Iunderstanddiveactivities areconducted at sites thatareremote, in timeand distance, from medical care or are compression chamber.I understand divetraining does not guaranteemy safety andthataccidents happen even when proper procedures are followed. I understand the importance of, and my responsibility to have, personal insurance that specifically covers dive-related emergencies, emergency transportation medical treatments.
I understand and agree that SSI licenses training centers, professionals and their affiliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI its parent, subsidiary, or affiliated corporations. I further understand that SSItraining centers, SSI professionals, and their affiliates' businesses are independent, and are neither owned, operated, or controlled by SSI and that while SSI establishes standards and materials for SSI training, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training and/or supervision of divers by SSI training centers, SSI professionals, their affiliated businesses, and/or their associated staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during dive activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI training center, SSI professionals and other affiliated businesses or personnel l associated with mydive activities.
I have read this Agreement and the SSI Responsible Scuba Diver Code. I expressly understand my responsibilitiesand that I am giving up legal rights by signing this Agreement. I understand this is a legal contract and I am voluntarily signing it without duress or further inducement. I understand this is an unconditional and complete release of all liability to the greatest extent allowed by law. If any portion of this Agreement is found to be legally unenforceable or invalid, that portion shall be severed, and the remainder shall have full force and effect. I agree to be bound by this Agreement without modification of the preprinted text. The terms of this Agreement shall continue in effect for all scuba diving training/activities (including entry-level training, continuing education training, and diving activities for a period of one year from the date I signed this agreement. I am over 18 years of age and legally competent to engage in this Agreement, or I have acquired the written consent of my parent or guardian by completing a Youth Addendum form.
Ascuba Venture Responsible Diver Code