GUEST STATEMENT OF AGREEMENT

FOREWORD:

We would like to let our Guests know that we will go to every length to assure your booking goes smoothly, that we aim for a high quality of service in the hope that your dive trips with us turn out to be truly positive experiences. However, things do sometimes go wrong. This is why we have included the following legal matters. These legal terms are here for “worst case” scenario.

We do not always rely on these terms and will endeavour, when possible, to find more amicable and reasonable solutions to any arising issues. These terms and conditions are here should we need them, not because we must use them. This being said, by booking any activity with Reeflex Divers Penida you unconditionally agree to the General Terms and Conditions of Sales (referred to as our GTCS) stated below. Additionally you, hereafter referred to as the “Guest(s)” endorse without reserve the following statement:

GUEST STATEMENT OF AGREEMENT:

« I hereby certify and acknowledge that I understand that my acceptance on a diving and/or snorkeling program organized and conducted by Reeflex Divers Penida, is conditioned by my assurance that I am physically fit to engage in open water scuba diving, and that I have had or will receive appropriate training in scuba diving and that I fully understand the risk of open water diving, as well as traveling on board a boat and the dangers arising from force of nature, and that I am prepared to assume such risks.

In order to be accepted by Reeflex Divers Penida as a Guest for the aforementioned diving/snorkeling activities, I hereby release and absolve Reeflex Divers Penida, its agents, employees and other Guests from any and all damages resulting from death or personal injuries, including loss of services, which I may sustain on account of, arising from, or in connection with the aforementioned diving/snorkeling activities or the ownership, maintenance, use or operation of any vehicle, water sport equipment or other devices.

I further understand that the remoteness of Nusa Penida and its surroundings, local custom and/or prevailing weather conditions may cause minor inconvenience or modification to the dive and or other activities of my trip, and Reeflex Divers Penida reserves the right to modify and/or cancel diving/snorkeling and other arrangements due to unfavourable weather conditions and/or technical difficulties at any time.

I also agree to pay compensation at full current market value to Reeflex Divers Penida for any and all damage or loss of property and equipment belonging to Reeflex Divers Penida resulting from abuse or negligence on my part (exception made of damage due to reasonable and visible wear & tear). This liability waiver is all subject to the terms and conditions below, which have been read, understood and unconditionally agreed to.

I further agree to strictly observe and comply with additional reasonable terms and regulations Reeflex Divers Penida or any of its employees may deem desirable or needful to prescribe during the course of any activities I have subscribed to. »

GENERAL TERMS & CONDITIONS OF SALES

TERMS OF PAYMENT:

1°) In our office:

-Required deposit is 50% of the total price upon booking.

-Full payment is due prior to engaging in any activities.

Please make sure to inform us of any problems you may encounter, we might be able to help when we can.

Note that for Dive Master Courses, a 50% down payment is due before course starts and that payment instructions regarding the outstanding amount will be issued by email.

2°) Online booking:

To benefit from our online rates and to guarantee the booking, full payment must be made at least 48 hours prior to the agreed start date of the booked activities.

Please note that if full payment is not received in due time Guests will no longer benefit from our online rates and Reeflex Divers Penida retains the right to resell the scuba diving activity/and or activities.

Reeflex Divers Penida reserves the right to suspend, reschedule and/or cancel any course, program or dive services and/or withhold certification until payment in full is received.

3°) “Early bird” bookings

We offer our guests a 5% discount on all our dive price (excluding any extra fees/rentals). To benefit from the “Early bird” rates, payment in full must be received 60 days prior to the start of the activities booked.

TERMS OF CANCELLATION & REFUND POLICIES:

Cancellations will be acknowledged if received IN WRITING, by email to [email protected] with the email subject clearly starting with « cancellation ». You can also Cancel by IN WRITING through WhatsApp (+62 812 3890 3919) or in person DIRECTLY TO THE MANAGEMENT TEAM at Reeflex Divers office. No cancellations will be accepted by any other means. Cancellations must be received & acknowledged by Reeflex Divers to be valid. 

Special conditions apply to “Early bird” & “Group” bookings (see point 2 below)

1°) For booking that DO NOT qualify for “Early Bird” and/or “Group” discounts: 

a) If you contact us at least twenty four hours prior to the start of booked activities we will do our best to reschedule your booking if you wish to. If Reeflex Divers Penida allows activities booked to be rescheduled, the rescheduled activities must take place no later than a month after the initial booking date. Note that additional charges may incur for activities booked to be rescheduled.

If you do not wish to reschedule, booking cancellations received at least twenty four hours prior to the agreed start start date of said activities will qualify for a refund, deduction made of 250 000 IDR administrative fee and any transfer and/or bank fees incurring to make said refund.

b) For cancellations made less than twenty four hours before the agreed start of the activities booked, Reeflex agrees to refund 50% of the total price of the booking deduction made of any transfer and/or bank fees incurring to make said refund.

2°) Terms specific to “Early Bird” and or “Group” bookings:

Definitions: 

-“Early Bird” bookings are bookings payed for 60 days or more prior to the start of the activities therefore qualifying for an additional 5% discount.

-“Group” bookings are bookings made for 4 or more guests therefore qualifying for an additional 5% discount.

Early bird and/or group bookings are discounted since they allow us to plan for the extra resources needed ahead. This allows us to give you better rates. Unfortunately extra costs incur when cancelling “Early Bird” and/or “Group” bookings. 

If your booking qualifies for both “Early Bird” & “Group” discounts the terms of cancellation & refund for “Early Bird” booking will prevail & will be applied. 

– Terms of cancellation for “Early Bird” bookings are as follow:

a) “Early bird” bookings cancelled more than 30 days prior to the agreed start date of said activities will qualify for a full refund, deduction made of 500 000 IDR administrative fee and any transfer and/or bank fees incurring to make said refund.

b) “Early bird” bookings cancelled within 30 days of the agreed start date of said activities, will be refunded 50% of the total price of the booking deduction made of any transfer and/or bank fees incurring to make said refund. 

– Terms of cancellation for “Group” bookings are as follow:

a) “Group” bookings cancelled more than 7 days prior to the agreed start date of said activities will qualify for a full refund, deduction made of 500 000 IDR administrative fee and any transfer and/or bank fees incurring to make said refund.

b) “Group” bookings cancelled within 7 days of the agreed start date of said activities, will be refunded 50% of the total price of the booking deduction made of any transfer and/or bank fees incurring to make said refund. 

Note that only cash payments can be refunded in cash and that payments made by any other means will be refunded by bank transfer within the following 30 days of Reeflex Divers Penida’s acknowledgement of the said cancellation.

SERVICES NOT USED & NO SHOW:

No refund or compensation is due payable by Reeflex Divers Penida for any unused activities. In other words, Guests who do not show up at the agreed time or do not complete training / trips for any reason, are not entitled to a refund in full or part of the total cost.

Failure to complete course requirements for any reason caused by the Guest could result in additional charges being made to complete the course at a later stage. This includes not being able to demonstrate competence to meet the performance requirements as laid down by the Course Standards. These charges will cover staff time, any other dive fees, equipment and material requirements, surface time, vehicle or transport charges etc.

If you are not willing or able to pay additional fees to complete your course, a referral document will be issued to you. This document will hold good for a period of 12 months following the completion date of the last part of this course.

SERVICES MODIFICATIONS:

Reeflex Divers Penida reserves the right to rearrange the order of any itinerary, to cancel or substitute elements of any schedule without notice when local conditions force such changes.

Reeflex Divers Penida and the dive guides on the boat can prohibit participation on dives at their discretion based on lack of respect for marine park rules and regulations, lack of respect or “handling” of any marine life, drugs and/or alcohol consumption before and/or between dives or failure to abide by international safe diving practices. In these cases no refund will be granted to the Guest for the missed dives and/or activities.

RESPONSABILITY OF REEFLEX DIVERS PENIDA:

Reeflex Divers Penida hereafter called ‘Reeflex’ acts only as agent for the person or companies providing accommodation, transport, or any other outsourced services hereafter called ‘Service Providers’ and Reeflex issues all documents based on, and asks Guests to refer to, the Service Providers’ own terms and conditions.

The Guests acknowledge that neither Reeflex, nor its affiliated companies, employees or agents shall be responsible or become liable in contract or tort for any injury, damage, loss, delay to person or property, additional expenses or inconvenience caused directly or indirectly by any Service Provider or by “force major” or other events beyond Reeflex’s control, including, but not limited to war, civil disturbance, pilferage, delays, severe weather, Acts of God, Acts of Government, accidents to or failure of machinery, equipment, vehicles or industrial disputes.

Reeflex shall not be liable for, or responsible to, any Guest in the event of dissatisfaction based on personal opinion regarding the standard of service provided by any Service Provider nor be liable or responsible for any disappointment, distress, lack of enjoyment arising from any act or omission whatsoever. Reeflex will only acknowledge liability in the case of proven justified complaints in writing relating to specific and tangible inadequacies of facilities, or services provided directly by Reeflex. In the event of such a complaint the customer is requested to immediately contact Reeflex, for remedial action to resolve any problem or irregularity at that time. Only if such a complaint has been lodged will Reeflex consider fully investigating and acting on any complaint.

INSURANCE REQUIREMENTS:

Reeflex Divers Penida strongly urges Guests to obtain a fully comprehensive travel insurance package that covers accident, medical, baggage, personal liability and effects as well as trip cancellation/interruption when a reservation is made. We also strongly recommend our Guests to use a company that covers any travel disruption due to technical malfunction/cancellation of planes and/or any other mode of transportation to Nusa Penida, including travel disruptions due to natural disasters including but not limited to volcanic activities, earth quakes, flooding, severe storms.

In the event of Guests being unable to show up for the booked services on the agreed date, due to such events, no refunds from Reeflex Divers Penida will be granted.

Please be advised that if Guests choose not to carry travel insurance, Reeflex Divers Penida will not be held responsible for any financial loss caused by reasons beyond our control.

Please note that when a travel insurance represents a personal choice a diving insurance is not!

However, let it be clearly stated that it is our Guests sole responsibility to obtain a diving insurance & that Reeflex divers cannot be held liable for Guests partaking in the activities offered without adequate insurance coverage!

Many travel policies have diving included or can be added on, so check this with your insurer. For those that forgot to take a policy, you can subscribe to a short term dive insurance (we recommend Dive Alert Network (DAN)) and we can help you arrange it from our office.

MEDICAL & HEALTH:

Reeflex Divers Penida is not certified to give you any medical advice. If you are unsure about any medical matter then please seek advice from a certified General Practitioner before scuba diving, and similar activities.

In taking any dive course, or engaging in any dive activities, regardless of previous experience or training, Reeflex Divers Penida requires a complete medical Questionnaire to be filled out in good faith.

Before the start of any holidays, especially in remote locations abroad, one should make sure he or she is physically fit. The activities that Reeflex Divers Penida offers can be strenuous, and as such Guests are required to be reasonably fit to participate and enjoy these activities. Discomfort, displeasure and pain resulting from the inability to do and/ or resulting in the said activities as a result of physical unfitness are not ground for complaint or refund.

If you have any health conditions, are currently medicated or have had any illness, injury or operation that may affect you whilst diving, please let the staff of Reeflex Divers Penida know in advance. Failure to inform us about this may result in you not being able to dive. Should Reeflex Divers Penida have any valid reasons to suspect a potentially dangerous medical condition, it reserves the right, at any time, to require the Guest to provide medical clearance to resume dive activities. This medical clearance is unfortunately not available from local general doctors that are not specialised in hyperbaric medicine. Failure to provide such clearance upon Reeflex Divers Penida’s requests disallows refunds or compensation for dives/activities lost.

If you are allergic to any form of medication, please state this clearly in writing during booking process. Anyone requiring vegetarian food (both owners are) or with any food allergies should advise us before the trip (we totally get it). Should you have any restrictions or requirements and not inform Reeflex Divers Penida previous to the booked activities, it may be difficult or impossible to meet such demands.

Please also note the following conditions to ensure safe diving trip for all our Guests:

Asthma. Please be aware that we do not accept divers with asthma if you have had an attack in the last 5 years. We also regret not to be able to accept those of you who take medication for prevention or treatment of asthma on our dive trips. If you had an attack within the last 5 to 10 years, we require the results of a dated and duly doctor signed Spiro metric test (lung function test) not older than 3 months.

Diabetes: Unfortunately we do not accept divers with this condition because our staff is not qualified to handle any medical problems that may arise.

Thyroid Disease: Divers with thyroid disease or having no thyroid gland are required to show a dated medical statement not older than 3 months clearly stating that their cardiovascular system has been assessed with regards to compressed gas diving and that they can SCUBA dive without any depth or other restrictions.

Hypertension & Behavioural illnesses: Reeflex Divers Penida also regret not to able to accept Guests with Hypertension (high blood pressure) or Guests medicated for behavioural illnesses.

DCS & DCI: Guests having experienced DCS and/or DCI in the last 5 years must provide a medical clearance from a hyperbaric trained medical specialist.

Please note that we do NOT accept medical certificates issued by local medicine practitioners, unless they are from a DAN accredited hospital. Should you need any assistance, further advice on health or medical subjects, please feel free to contact us.

Reeflex Divers Penida is not willing to put your life at risk or endanger the life of those around you by overlooking any pre-existing health conditions.

COMPLAINTS:

If you enjoy your time with us, please LET EVERYBODY KNOW, but if you are in anyways displeased with our services, please LET US KNOW FIRST!

At Reeflex Divers Penida any complaint is treated as welcomed feedback and an opportunity to improve our quality of service to you.

Our relationship starts from the first contact we have to the moment you move on to other destinations. We are proud and take very seriously the fact that you have chosen Reeflex services to spend your holiday time. Should you feel at any point that you have been wronged, before or during your time with us put in writing and let us know as soon as possible.

Providing us with as much information as possible (dates, names, and facts) will allow Reeflex to better investigate the matter you report, and you will ultimately help the company providing a better service to you and other Guests.

A few words of advice should anything bother you while spending time with us. First and foremost let the person in charge present at the time know IMMEDIATELY.

– Make sure that you express any dissatisfaction clearly, with exactitude and at the soonest possible opportunity, so any problem can be resolved on the spot if it can be.

– Inform the captain and/or the staff conducting the activity.

By letting our staff know the specifics of what the issue is, and how they may help, it is most likely possible to resolve the issue. We train and choose our staff members for their problem solving abilities.

– Should the staff in charge and present at the time not be able to resolve the issue please ask to speak to Reeflex’s management team. They will do their utmost to find a reasonable solution to the said issue and provide support.

– We will always welcome constructive criticism, will acknowledge any blunder on our part and act to take corrective actions when we need to do so. Feel free to be forthright and to lodge a formal written complaint within 15 days of the said issue to give us a chance to make things right by you.

LIABILITY RELEASE AND ASSUMPTION OF RISK:

Reeflex Divers Penida cannot be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during activities arranged, booked or performed by Reeflex Divers Penida. There are inherent risks associated with all activities offered by Reeflex Divers Penida, and those risks must be accepted and accounted for. Reeflex Divers Penida is neither negligent nor liable if accidents happen as a result of acts or omissions of other third parties.

Scuba diving requires a certification from a recognized diving agency such as, but not limited to PADI or SSI. It is your responsibility that you are suitably qualified, and provide proof of such qualification, to participate in any diving activities prior to you taking part. Such activities include all diving activities other than Open Water Diver or Scuba Diver Course, or Discover Scuba Diving activities that allow participants to take part without a license.

Reeflex Divers Penida cannot be held liable for and will not be responsible for loss or damage on personal items such as individual dive equipment, camera and video equipment, hand phones, strobes and other accessories, passports, flight tickets, jewelry etc.

UNFORSEEN EVENTS (FORCE MAJEURE):

If departure of your dive trip is not advisable – or may be dangerous to the life or health of the passengers or to the boat, due to conditions such as: bad weather, perils of the sea, Acts of God, political incidents, force majeure (i.e. tsunami, typhoon, severe storms, earth quakes…) then the captain has the sole discretion to delay or cancel the departure.

Likewise, during the trip – if bad weather or force majeure (i.e. tsunami, typhoon, severe storms, earth quakes…) events occur that make it inadvisable for passengers and the boat to return to port – then the captain shall have the right to delay or postpone return until conditions allow, and make adjustments to the itinerary that may include cancellation of, or the re-sequencing of the services booked.

Warnings issued by the Indonesian Meteorological Departments and warnings issued by the National Park Authorities will be adhered to without question.

Reeflex Divers Penida will refund all money paid by the customer where Reeflex Divers Penida itself cancels a trip, other than for reasons set out above in Force Majeure. In the case of a refund, handling fees will be deducted from the refund.

Reeflex Divers Penida shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of Reeflex Divers Penida’s control, such as, but not limited to, those stated above in Force Majeure.

In the event of a trip being cancelled due to insufficient reservations we will alert you as soon as we become aware of this possibility. In these circumstances we will take all reasonable steps to ensure you receive an alternative and comparable service or give you a full refund less handling fees.

CERTIFICATIONS:

Please ensure you have a copy of your most recent certification card and dive log for the tour leader’s attention. Failure to show your certification may result in not being able to dive on the trip.

To partake in any scuba diving activity we will require that you hold a certification from a recognized scuba diving society such as, but not limited to SSI, CMAS, BSAC and PADI (in doubt contact us).

It is your responsibility to be suitably qualified. We will require proof of your certification therefore enabling you to partake in any scuba diving activities prior to you taking part. This does not apply to Open Water Scuba diving course where you are learning to dive, or programs that allows participants to take part without scuba diving certification.

POLITICAL UNREST:

In the event of political unrest, military conflict, flight cancellations, or any other risk to customers or vessels due to political unrest, then REEFLEX DIVERS PENIDA has the right to cancel any trip to this destination.

In these cases, we will re-schedule your booking at no extra cost. However, under these circumstances we are unable to consider this justification for you to cancel your trip, and will therefore not be able to authorize any refund or compensation for these events.

OTHER TERMS & CONDITIONS:

If there are any changes to the details supplied to us by you it is your responsibility to inform REEFLEX DIVERS PENIDA as soon as possible. REEFLEX DIVERS PENIDA will not be responsible for problems arising from your failure to adhere to instructions in REEFLEX DIVERS PENIDA emails or correspondence (e.g. late changes to your booking, failure to satisfy documentation requirements etc).

All rates are given inclusive of taxes unless otherwise stated. Rates are subject to change without prior notice and are only guaranteed by booking confirmation.

Please note that the number of dives we list in any offer is a best estimate based on normal circumstances, not a guarantee. Circumstances may arise during your vacation (weather, illness, personal choice) where the total number of dives done is less than the number you booked. There will be no partial refunds in these circumstances.

It is not possible for us to stop you from making impossible bookings, for example booking courses you are not eligible for or booking diving less than 18 hours prior to a flight. It is therefore your responsibility to make sure you don’t make such bookings.

We will do our best to correct any errors on your part, as quickly as possible, provided you point these out to us. Also, there may be occasional errors on our part that could, for example, result in a error in price or other detail presented on our website being incorrect. In this case we will revise the terms in the spirit of mutual satisfaction, notwithstanding our right to cancel the contract pertaining to the said error. In this case this will be done without any liability to you.

PERSONAL DETAILS:

We are required by law to hold on to your personal details for a period of 5 to 7 years. We will at all times, treat your details with discretion and will never share them with a company other than the training agency requesting us to keep these available (PADI, SSI, or CMAS in our case). Note that credit card details are not held by Reeflex Divers Penida in any case and that should you communicate your bank details to us they will be safely disposed of immediately after the agreed use.