1. Contract
All bookings taken by the Company are subject to these standard terms and conditions.
2. Quotations and Availability
A quotation is an offer to provide services and is subject to price increases. An agreement is only concluded once the full product price is paid for in full.
The prices of all products are subject to change and may only be confirmed when paid for in full. Please note that quotes provided are subject to availability. The price quoted can never be guaranteed and all products are subject to change without notice and prior to payment in full. Any increases must be borne and paid by the client upon demand.
3. Payments
A booking request will be valid for 10 days unless otherwise stated.
During this time it is the client’s responsibility to read the Company’s booking terms and conditions and complete in full and return the Pre trip Client Info form supplied by the Agent or Company.
No person, organisation or employee of the Company has authority to vary these booking conditions; and the Company reserves the right to decline any booking.
A minimum 25% non-refundable deposit is required within this period to guarantee the reservation. This deposit will only be refunded if the booking cannot be accommodated.
Until this payment has been made, the reservation cannot be guaranteed.
The full balance due is payable 30 days prior to travel date.
If the full amount is not received in the due time, the company reserves the right to treat the booking as a cancellation.
Prices quoted in U$ and payable in local currency at rate of exchange on day of payment.
All payments are to be made directly into one of three bank accounts which will be detailed on the invoice. Payments for transfers are for the client’s account.
When using Electronic Transfer (EFT) confirmation of the payment must be emailed to waterworks.moz@gmail.com and fimdomundo@teledata.mz . Payments must be cleared before a booking is confirmed.
For payments of optional activities in Mozambique, terms are cash in Mozambican Meticais or U$D only or an electronic bank transfer into one of three bank accounts.
Credit Cards and cheques are not acceptable.
The Company will not change the quoted rates without prior written notice and publication on the Company website. In the circumstances of extreme currency fluctuations, the Company could change the currency in which product is quoted.
Cancellations
Any cancellations must be in writing. Any amendment or any change to a reservation in whatsoever manner (date change, trip shortened etc.) after payment constitutes a cancellation and will incur a fee.
The standard cancellation policy is as follows:
- No-show 100% cancellation fee
- 0-30 days prior to arrival 100% cancellation fee
- 25% deposit non-refundable
- Trip cancellation due to boat malfunction or fault on part of Company - Full refund
- Trip cancellation due to weather or force majeure - no refund.
- In event of cancellation, the company is not responsible for any costs incurred on land
- In event of necessity of refund, the Company will refund Agent and Agent will be responsible for refunding clients
5. Changes and Alterations
The Agent and its clients accept that the use of the product may be dependant on certain factors beyond the Company’s control and therefore agree that the Company will not be held liable for any compensation to the client if it is forced to cancel or in any way change the booking due inter alia, but not exclusively, to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or if another guest requires immediate evacuation and the vessel must return to port, or any other event beyond the control of the Company. The Company reserves the right to cancel the booking without prior notification and in such an event only agrees to refund all monies already paid and received by the client. Unforeseen cancellations due to war, unrest or any other force majeure or other circumstances are still subject to the cancellation and bookings terms, and do not constitute a valid reason for waiver of any cancellation policy terms. In the event that the client changes any travel arrangements or any portion of the agreed itinerary, the Company shall not be held liable for any compensation or costs to the Agent or its clients whatsoever.
The Company runs its trips according to schedules booked by the Agent or client. Should flight schedules not be adhered to and client arrives late, effort will be made to accommodate client, and continue with trip. However in the event that this jeopardizes the enjoyment of other clients’ trip, the late client’s trip will be cancelled or delayed and no refund will be given. If the client only travels part of a trip due to being late or for any other reason not attributable to the Company, no refund will be given.
Although all efforts will be made to stick to itineries, in the event that a trip does not arrive back timeously and client is forced to incur other costs such as but not limited to additional charters, accommodation, meals, communication costs etc the Company will not be held liable for these costs.
With regards to prebooked dives, all effort will be made by the Company to provide the booked amount of dives. The Company reserves the right to cancel any dive activity if it deems the weather conditions unsuitable for safe diving or if the Company deems the client unfit to dive for whatever reason. In the event of cancellation for these reasons, no refund will be given. In the event of a problem with the compressor or other company equipment leading to cancellation of a dive, full refund of the amount received by the Company for the dive will be given.
Insurance
Travel and cancellation insurance, to include cover for water based activities / scuba diving and snorkelling is highly recommended for all clients. All insurance is solely the responsibility of the client. Before a client commences with travel, the client should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the stay or itinerary, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any booking. If a client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are for the client’s account, and the Company shall not be liable for any refund of the booking whatsoever. The carriage and storage of all baggage and personal effects are at all times the clients risk and the Company cannot accept any liability for any loss or damage of baggage or personal effects.
6. Liability
Clients hereby acknowledge, confirm and record that they understand and appreciate the risk inherent in travel including in particular the hazards of diving / snorkelling and boat travel and any associated marine activities. Further, that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, slipping or falling while on board a boat, being cut or struck by a boat while in the water, and any other injuries occurring while getting on or off a boat and other perils of the sea. Clients also confirm that they are aware of and appreciate the real dangers and risks associated with travel to Africa, its National Parks or wilderness areas, arising from the presence of wild and dangerous animals, reptiles, fish and birds and the real risk of suffering bodily harm, injury or death or loss of property which may arise as a result of an encounter with a / or the presence of wild animals and or reptiles, fish and birds. The client undertakes all activities and travel at his / her own risk. Such risk could include injury, disease or death. The client and the Agent agrees and concedes that the Company and its members and employees shall not be responsible for loss or damage to property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
Health
The client hereby acknowledges an awareness of the proposed travel itinerary and confirms that he or she is medically fit, in good physical and mental health and is able to travel. Any client with a pre-existing medical condition or illness must declare the true nature of such conditions to the Company before the commencement of the booking. Any failure to declare may result in cancellation of his /her booking and/or diving activities.
Claims and Complaints
In the unlikely event that the client has a complaint it must be lodged in writing to the Company within 10 (ten) days of the booking end. If these procedures are not followed then the company will not investigate or continue to investigate such complaints.
9. Company Responsibility and Rights
The information given in any brochure, leaflets, website and advertising is given in good faith by the Company, and is based on the latest information available to the Company.
10. Client Responsibility
It is the client’s sole responsibility to ensure that passport, visa and other required documents are in order. Any resulting consequences of a client’s failure for not having his/her required paperwork in order shall be to the account and the sole responsibility of the client.
11. Severability
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
12. Relevant law
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of Mozambique. Any claims, be they in contract, delict or otherwise to be instituted against the company, shall be governed by the law of Mozambique and may only be instituted in a Mozambique court, to the exclusion of all other jurisdictions.
All clients and their agents confirm that they have read and abide by the aforementioned and agree to the terms and conditions therein contained. All clients record that they are making a booking at their own risk and waive any claims that they might have in regard to injury, loss or death which might occur due to any causes whatsoever. The Company refers in particular to any minor child / children who may be accompanying the client and confirm specifically that this indemnity applies to such child/ children. The client and any clients’ Agent further binds their dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless the Company, its members, associates, employees, representatives, organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during a booking, activities or tours with the Company.
END.
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