TERMS OF USE BELOW MUST BE READ BEFORE USING THIS SITE OR MAKING AN ONLINE RESERVATION. THE USAGE OF THIS SITE INDICATES ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW.
Finddive team ("we", "us", or "our") has developed the www.finddive.com ( “website”, “site”) and reservation system (Online Booking System) which enable individuals to browse, compare and book various services, including but not limited to diving services directly with dive center, dive instructor, liveaboard, diving service provider and/or any service provider related to diving. By accessing and/or use of the website, you acknowledge that you have read and understood, and agree to the Terms of Use set out below and other terms and conditions in relation to the website. You must be at least eighteen (18) years old to use the Site.
We reserve the rights to change, modify, add and delete these Terms at any time without prior notice. The Terms must be read periodically. By continuing to use this website after such changes to these Terms, visitors, users or Registered Users ("you" or "user") agree and consent to the changes.
1. Scope of Service
1.1 Finddive acts solely as an intermediary between you and the Service Provider and through the Online Booking System enables you to make a Booking with the Service Provider, and:
1.2 Bookings 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.
1.3 The Service Providers on this website are not agents or employees of Finddive or any affiliate. Finddive is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Finddive has no liability in the event of any delay, cancellation, overbooking, strikes, force majeure or other causes beyond Finddive’s direct control, and Finddive has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
1.4 Information displayed on the Site is based on information provided to Finddive by the Service Provider (the “Service Provider Information”). Finddive does not verify, and does not guarantee, that all information provided is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the site or otherwise), inaccuracy, misleading or false information or non-delivery of information.
1.5 Finddive 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, their infrastructure and equipment, nor their ability to deliver the Services. Finddive should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendors/Service Providers listed on the Site. We hereby declare denial of any claims, losses or liability with respect to the quality or status of existing Vendors/Service Providers listed on the Site.The order in which information is displayed on the Site does not constitute an endorsement of any Service Provider.
1.6 Finddive has the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. Finddive can at anytime delete or remove membership of the user of this Site, either temporarily or permanently.
1.7 Finddive will offer the opportunity for customers to comment on the Services, and has the right to post such reviews on the Site.
2. Bookings
2.1 Bookings made online through the finddive.com are subject to the availability of the requested Services by the Service Provider. Bookings are only confirmed once a confirmation email including a confirmation invoice has been sent to you. We recommend that other related travel arrangements, including flight arrangements, should be made only after bookings are confirmed.
2.2 In some cases, additional information, including but not limited to passport copies, evidence of guest insurance, health certificates, etc. are required to make a booking complete. You are required to provide this information as detailed as possible within 12 hours of making the booking for all the guests covered under the booking. We hold the right to cancel the booking in case this information is not provided or is provided too late.
2.3 Some itinerary information is provided by the Service Provider and should be considered as sample itinerary only. Service Provider may choose to take a different route based on weather conditions, specific requests by the group of customers, acts of god, force majeure even or for any other reason.
3. Price
3.1 All rates and prices listed through the Online Booking System include the cost of the base service, excluding mandatory surcharges, taxes and levies. Unless indicated otherwise, mandatory surcharges may not be included in the prices listed through the Online Booking System.
3.2 Taxes and levies (“Surcharges”), if applicable, are indicated in the Online Booking System for informational purposes. These Surcharges may be subject to change after the booking has been completed based on changes in local conditions.
4. Availability
4.1 Services on the website are available for booking and subject to confirmation upon completion of a booking and:
(a) For Services quantified in days, Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
(b) 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.
5. Payment
5.1 All fees, costs, charges, and taxes with respect to Services are payable to Finddive in the currency indicated in the booking confirmation. Some Services may also be sold in another currency than the one preset or chosen by you on the website. Our currency conversion is for informative purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company or bank) may charge conversion or other fees and apply another date’s currency rate.
5.2 For Bookings made with payment methods which can be stored (e.g. credit cards), once you make a booking using the Online Booking System, we will pre-authorise your payment method, and will then automatically charge it 48 hours after confirmation of your booking. For last minute bookings, your payment method may be charged immediately after the confirmation from the Service Provider has been obtained. Last minute bookings are not eligible for the 48-hour, free cancellation period.
6. Cancellation
By making a booking, order or reservation through the Site, you accept and agree to the terms and conditions of applicable Vendors and/or Service Providers, including policies regarding cancellation and/or absence, or your specific requests which may be given to the Vendors and/or Service Providers. Finddive is not responsible for any violation of these terms and conditions which are agreed on between the Vendor or Service Providers and the user, or which are based on the user’s specific requests, so please read the Vendors’ and Service Providers’ terms and conditions carefully.
Regarding refunds, Finddive may be able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.
6.1 Different cancellation policies may apply to each service booked and by making a booking, you agree to each of their separate cancellation policies. A no-show for a trip is considered to be the same as a cancellation and no refund applies. Should you start a trip and choose not to finish it, no refund applies.
6.2 The Service Provider will include its cancellation policy in the Service Provider Terms.
7. User Account
For registration purposes, we will collect and process your personal information, such as your name, electronic mail (e-mail) address, and your mobile phone number when you register. You must provide us with an accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request.
Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason, unless permitted by Finddive.
You cannot assign or transfer your account to any other party.
You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). You hereby declare that Finddive is not responsible for any loss or damage arising from the misuse of your account.
If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account properly. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
Finddive has the full right to temporarily block, delete, or inactivate the User’s account at our sole discretion and for any cause without giving reasons for blocking, deletion, or inactivation of the User’s account. The reasons for blocking, deletion, or inactivation of the User’s account may include but are not limited to:
breach of these Terms, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, User providing inaccurate, erroneous or misleading information, inappropriate behavior, threats, or insults, refusal to provide information, practical impediments.
8. Rights To User Content
By completing a booking, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Vendors and Service Providers. Finddive has sole discretion whether your review will appear on the site. Finddive can display the review, which may contain comments, level of service and your name.
In providing a review, you agree to ensure that:
you own and control all of the rights to the reviews that you provide to the Site;
the content of the review is accurate and contains no misrepresentations; and
the use or performance or transmission of the content of the review does not violate the Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party. You must bear all responsibility for the content of the reviews that you provide or submit. You allow Finddive to act when there is a party that violates your rights or the rights of Finddive.
Content review provided will be deemed to not contain confidential information and Finddive shall have no obligation to treat the content review as confidential information. Without limiting the provisions contained in the Terms, Finddive has sole discretion to use the content review as deemed appropriate, including but not limited to removing, cutting, modifying, or otherwise editing the review.
In any case, you hereby agree that with respect to the content of the reviews:
You do not require any attribution or identification on any derivative works;
You consent that all content of reviews submitted to Finddive may be used by Finddive and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing, modification, and reproduction of the review either in its entirety or in partial form;
You hereby waive all rights and agree not to claim any rights in the content review;
9. Special Circumstances
9.1 The Service Provider reserves the right to cancel a booking, or suggest providing Services at an alternative date in the event that conditions, including but not limited to, poor weather, acts of God, natural disaster, acts of war, riots, pandemics, epidemics, and government actions resulting from the pandemic or epidemic, or other circumstances make it unsafe or impractical to provide Services at the date(s) specified in the booking confirmation.
9.2 The Service Providers, which are independent businesses from Finddive, have the rights and responsibility to make their own decisions as regards to offering refunds or rescheduling options when they deem a cancelation or re-scheduling necessary. If a refund applies in relation to a cancelled booking, the costs to be paid or reimbursed to the Customer by Finddive shall be limited to the actual, direct cost amounts paid by the Customer to Finddive in relation to the cancelled booking. Finddive shall not be held responsible for indirect or ancillary costs such as accommodation, transportation or any other costs that are not directly related to its providing Services. Finddive recommends taking out private travel insurance.
10. Responsibility
10.1 By booking Services through the Online Booking System, you agree that you have reviewed the standards and requirements of the Service Provider, including but not limited to minimum diving experience and 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.
10.2 You acknowledge that most Service Providers offering services and/or activities such as scuba diving may require you to sign their liability waiver, medical release forms and other forms prior to participating in the service and/or activity they offer. You understand that any violation of any such Service Provider’s rules and restrictions may result in cancellation of your reservation(s), in you being denied access to the product or services you booked, and in you forfeiting any monies paid for such reservation(s). Such waivers may be provided by the Service Providers at the start or during the trip.
10.3 You are responsible for understanding and complying with the requirements, and Finddive advises you to enquire about requirements prior to making a booking. Finddive may request you to sign off on our standard release and liability forms prior to your trip date. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fees may apply.
10.4 You are responsible for ensuring that you meet foreign entry requirements for the countries of travel and that your travel documents, such as passports and visas, are in order, and any other foreign entry requirements are met.
10.5 Should you include DAN dive insurance in your booking, this constitutes a direct contract between you and DAN World in accordance with the terms and conditions set out in the Booking. You are solely responsible for reading and understanding DAN World’s Terms prior to making a Booking.
10.6 If for any reason you are delayed in transit and fail to reach a liveaboard, cruise or other boat by the scheduled time of departure, you are responsible for all costs associated with continuing your trip or making alternative trip arrangements.
11. Promotion
Finddive may issue promotion code(s) applicable to eligible Services. Instructions on how to use promotional codes and the specific terms related to each code may vary and will be set out in applicable terms. Discounts are applicable only to services reserved through Finddive.com. Finddive reserves the right to modify or cancel promotion codes at any time.
12. Privacy Policy
Finddive is committed to protecting and safeguarding your personal information. Please review our current Privacy Policy, which applies to your use of the Website, and is incorporated by reference, to provide you understanding of our practices.
13. Liability Disclaimer
13.1 Finddive makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Website, the Online Booking System, the Service Provider Information, the Service Provider Terms, the Services or otherwise. In no event will Finddive or its affiliated companies, directors, employees, agents, or contractors 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 including pricing errors; 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.
13.2 Finddive cannot be held liable for and will not accept responsibility for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving, or any activity offered by the Service Provider or as a result of acts or omissions by third parties.
14. Intellectual Property
Finddive is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Website and the Online Reservations System. Any use, copy, modification, transmission, storing, publishing or distributing of the information and contents on this website, or creating any other materials using materials in this website, is strictly prohibited. By posting reviews or comments, you grant Finddive 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 Finddive may decide to remove your reviews or comments from the Website at its discretion, such as in the event that it deems your reviews or comments to be offensive.
15. Indemnification
You agree to defend and indemnify the Finddive, their affiliates and subsidiaries, and any of their officers, directors, employees, and agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of :
-your breach of these Terms of Use or the documents referenced herein;
-your violation of any law or the rights of a third party; or
-your use of this Website.
16. Legal Structure and Governing Law
16.1 These Terms of Service shall be govern by and construed in accordance with the laws of the Kingdom of Thailand and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute.
16.2 We are committed to customer satisfaction, so if you have a problem or a dispute with the services provided by Finddive, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us. If we are not able to resolve your Claims within 90 days, you may seek relief through Arbitration. Any and all claims will be resolved by binding arbitration, rather than in court.