TRAVEL TERMS, CONDITIONS, AND LIABILITY
TRAVEL GENERAL TERMS Reservation Policy: A completed application and a minimum deposit based on the cost of the trip is necessary at time of booking to guarantee yours spot on the trip. Full payment must be paid at least 90 days prior to departure or your reservation may be canceled and your deposit retained by Dive Georgia and/or the travel resort, dive operator, booking agent or other third parties. Booking made within 30 days of departure may be assessed additional fees for administrations costs and rates are not guaranteed. All Deposits Are Non-Refundable: When a trip is reserved by the applicant, it is removed from the trip inventory and no attempt is made to sell that space. Many destinations require certain group size to guarantee certain services and/or rates. For this reason all trip deposits, payments and trip costs are non-refundable. Any payment made toward travel is non-refundable. Trip Cancellation Insurance: We VERY strongly recommend that trip participants obtain trip cancellation/interruption insurance in the event of a forced or unforeseen trip cancellation. Dive Georgia, its members, staff, instructors, owners, or any affiliates are NOT responsible for any personal, business, medical, other emergencies or any reason for traveler not making the trip, including but not limited acts of government(s), war, weather, disease, or acts of god. We do not specifically endorse any specific carrier over others or any specific plans, but can offer some options that we have used in the past. We have no liability or responsibility if you choose an option we suggest, elect a new carrier unknown to us, or choose to have no coverage. You accept all risks associated with your policy or choice to not have a policy. Further, we are not responsible for compensating or crediting any traveler for any loss due to medical issues, family emergencies, delays, missed flights, cancellations, or other causes. We HIGHLY RECOMMEND you purchase travel and travel medical insurance. If you do not, you are acknowledging FULL responsibility for any costs or losses associated with the decision. Trip Modifications: Dive Georgia and the trip sponsors reserve the right to modify the trip program and/or change the price, features, resort, dive operator for any reason. In the event of a price increase, the applicant shall have the right to cancel with a full refund. The information contained in our brochure, flyer, website, social media, or other media are correct to the best of our belief. We accept no liability for any inaccuracy contained therein. Any information or advice provided by us verbally, written, or otherwise, on matters such as permits, flights, visas, climate, vaccines, clothing, baggage, special equipment, food, etc is given in good faith but without responsibility on our part and you accept sole responsibility for verifying said information or obtaining correct information. You are responsible for all visas, documents, equipment or other necessary travel needs. Responsibility: Dive Georgia, the trip sponsor, their directors, employees, and agents, and the trip coordinator, are independent of and have no business association, partnership, joint venture ownership, or otherwise with any airline, resort, hotel, carrier, boat operator, or other person or firm providing any service or facility in connection with this travel program. It is expressly understood and agreed that the parties assume no responsibility or liability for service, transportation, or equipment made available by any airline, resort, hotel, carrier, boat operator, or other person or entity either as to it's availability or as it's safety/quality. It is understood and agreed that the parties do not, by acceptance of this agreement, assume any responsibility or liability for the safety of any participating individual, particularly when such individual is engaged in underwater activities, whether alone or in groups, under the supervision of the trip coordinator, or otherwise. Further the parties hereto can not verify the ability or suitability to scuba dive of any trip participant, and therefore can not guarantee that the trip participant will be allowed to dive by the dive operator. It is expressively understood that the trip coordinator is acting only in the capacity of trip facilitator or escort. Although the trip leader may or may not be a certified scuba instructor or dive master, and will give freely of his or her diving knowledge and experience, the trip leader is not acting as an instructor or dive master unless specifically noted by a separate training agreement for a sanctiond training certification program. Substitution/Cancellation: It is understood and agreed that the remoteness of the area, new local government regulation, customs, prevailing weather conditions, or any other factors may cause substitution of facilities and/or equipment, minor inconvenience or modification of the travel itinerary. The parties heart reserve the right to modify or cancel diving arrangement due to unfavorable weather conditions or for any other reason that may affect the safety of the group, and to substitute facilities or equipment if necessary. No refunds can be made for arrangement canceled due to adverse weather, mechanical failure, or for substitution of facilities and/or equipment or for travel inconvenience. Unused portions of trips, are non-refundable. Participants denied scuba privilege for any reason whatsoever by the trip leader, boat captain, dive master or dive operator, including improper documentation of certification, will receive no refund unless agreed to by the dive operator. Dive Insurance: It is HIGHLY recommended that you review and have dive accident and trip insurance for your own protection to cover the additional costs of such incidents that are normally covered by other medical and personal insurance policies you may or may not currently have. Two options in the industry are Divers Alert Network, https://apps.dan.org/trip-insurance/?rc=2436918&token=na and Dive Assure, https://app.diveassure.com/#/registration/main/process/0/int/0/6415/en and recommend you find a plan that meets your needs. There may be others from time to time and we do not specifically endorse the above two over others. We have no liability or responsibility if you choose one of the two above, elect a new carrier unknown to us, or choose to have no coverage. You accept all risks associated with your policy or choice to not have a policy. Rules of Conduct: In order to promote goodwill and relaxation of the trip and any activities (parties, trips, meetings, etc.) the trip coordinator, third party operators or hosts that manage aspects of the trip, or any manager authorized by the company shall have the sole right to remove, eject, or otherwise ask an individual to leave from that activity or trip. Such actions may include but, not limited to, anyone whose behavior exceeds the bounds of good taste, impacting relationships with other guests or operators, activities that endanger other individuals, aggressive behavior, personal attacks or threats, or anyone who participates in any illegal acts. In the event of being removed from an event it is the participant sole responsibility to be responsible for all costs associated in being removed from that event or transportation home. There is no refund due (prorated or otherwise) for any portion of the trip when removed. Dive Georgia reserves the right to seek additional payment from the participant for any costs incurred to remove such participant. WARNING - COVID-19/Other Infectious Disease Notice: Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19 or other disease(s). You are assuming this risk by entering these premises. You are also acknowledging that the government of the United States and other government entities of countries we are visiting or traveling through may have different requirements for entry and/or exit based on your vaccin status, test status, or other forms or specific requirements. You accept sole responsibility for meeting all necessary requirments for travel to/from any destination including but not limited returning to the United States or your country of origin for travel. LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT You hereby affirm I am voluntarily engaging in the recreational activities planned for my trip which activities may include, but are not limited to, scuba diving, snorkeling, and boating. If I engage in scuba diving, I affirm that I am a certified diver or a student diver under the control and supervision of a certified scuba instructor, and that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death. I certify that I am fully aware of and expressly assume all risks involved in scuba diving, snorkeling, boating and other activities in which I choose to participate.
I understand and agree that neither Dive Georgia, nor any instructor or training agency, nor its affiliate or subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties,”) may be held liable or responsible in any way for any occurrence on this trip which may result in personal injury, property damage or wrongful death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this trip or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I further state that I am of lawful age and legally competent to sign this Liability Release Agreement, or that I have obtained the written consent of my parent or guardian.
I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties. I hereby grant Dive Georgia, Affiliated Companies of Dive Georgia, Employees, Staff, and Instructors permission to use my likeness in a photograph, video, or other print and digital media in any and all of its publications, marketing, social media channels, and online, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby grant Dive Georgia, affiliated companies of Dive Georgia, companies, staff, and instructors permission to solicit and market to me directly via fax, email, text, SMS, mail and phone. If I wish to change this permission, I agree to use the “OPT OUT” option provided in each marketing media, whether via link, page, call, or reply text/SMS. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS. DEPOSIT & CREDIT CARD RECURRING PAYMENT AUTHORIZATION You authorize the deposit and sales tax to be billed immediately and regularly scheduled charges to your Visa, MasterCard, American Express or Discover card. You will be charged the deposit amount immediately plus 6% sales tax for the entire trip amount. Further, you agree that each billing period you will be charged a payment. A receipt will be emailed to you for each charge and it will appear on your account statement. You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 5 days prior to the payment being collected. ALL CHARGES WILL OCCUR ON THE FIRST OF EACH MONTH! Any changes will incur a change fee of $25. – Charges for product: Product will be released to purchaser after final payment is processed and received by Dive Georgia. I authorize Dive Georgia, LLC to charge the credit card indicated in this authorization form according to the terms outlined above. I understand that this authorization will remain in effect until I pay the total amount in full or cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 30 days prior to the next billing date or pay the balance of the purchase in full. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. This payment authorization is only for the amount and bill of the trip. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; provided the transactions correspond to the terms indicated in this authorization form. If at any time during the contract your credit card is declined for any reason, you authorize us to charge the trip in full. If you do not fulfill full payment of the outstanding balance of the trip, you forfeit all deposits made, all payments made, and will be removed from the trip. Dive Georgia reserves the right to offer you one opportunity to change your card and remain on the zero interest payment plan, at their sole discretion. I further understand that any payments made under this agreement shall be nonrefundable and should I cancel/terminate this agreement prior to full payment, I will NOT be entitled to a refund of any portion of the previous paid monies. Further, if I cancel or terminate this agreement, I understand that I will be charged a cancellation fee equal to one additional payment or $250, whichever is less. |
