INTRODUCTION
The following terms and conditions (hereinafter referred to as the Terms and Conditions) constitute the basis of your contract with Pepez Dive and Sail (José Luis López Orejas) hereinafter referred to as Pepez Dive and Sail, Us or We, under which you (hereinafter also referred to as the Guest) book your Pepez Dive and Sail cruise holiday. You are bound by these Terms and Conditions, so it is important you read them carefully.
In accordance with the Terms and Conditions set forth below, Pepez Dive and Sail shall provide the services stated in the booked holiday package at the related contracted rates.
TERMS AND CONDITIONS
1. YOUR CONTRACT WITH PEPEZ DIVE AND SAIL
1.1. By requesting a booking, the Guest offer to conclude a cruise holiday contract with Us. Given that your chosen holiday cruise is available and We have received due payment, within 7 days We will send you the confirmation of your booking.
1.2. A legally binding contract between you and Pepez Dive and Sail comes only into effect when We have received a payment for the booking and confirmed the booking by e-mail. This confirmation will show booking details, due balance and payment limit date for your cruise holiday.
2. PAYMENT
2.1. In all the activities, deposit payment is 30% of the invoice total. Deposit must be paid within 5 days after confirmed booking or it will automatically be free for booking again.
2.2. Final payment of invoice must be effectively paid earlier than 15 days before activity date at Pepez Dive and Sail.
Any payments to Us should be made via:
Jose Luis Lopez Orejas
CAJASIETE
IBAN ES10 3076 0530 3126 2890 1023
Swift/BIC Code BCOEESMM076
Pepez Dive and Sail accepts Visa and Master Card through TPV electronic payment system. Additional service charges (e.g. bank transfer, credit card operator charges, etc.) that could be applied, will be added to each payment made by you.
Failure to settle payments on time, results in the automatic cancellation of the booking with no refund of the deposit. Please be aware that certain payment methods such as bank transfers can take some days or even a week to clear. It is your full responsibility to ensure that your payment is made with this in mind so as not to put your holiday booking at risk of cancellation.
3. PEPEZ DIVE AND SAIL SELLING RATES
3.1. Unless stated otherwise, all Pepez Dive and Sail rates indicated on Pepez Dive and Sail’s official website are quoted in EUROS (€) and are per person including local VAT (IGIC 7%).
3.2. The website rates might change at any time, due to circumstances such as, but not limited to, currency fluctuations, increased fuel or operative cost, inflation etc. However, rate changes shall exclusively affect future bookings. The former rates shall apply to all bookings, which had already been confirmed by Pepez Dive and Sail at the time of such rate changes. Exception is made if there is an increase in the Canary Island VAT (IGIC). In such a case, this would be added to the order.
4. RENTAL EQUIPMENT
Pepez Dive and Sail offers high standing rental equipment meeting manufacturer’s recommended service maintenance. In case of lost or damage of rented equipment, the Guest will be charged according to the following table.
Lost and damage replacement fees:
– Mask 45,00 €
– Torch 180.00 €
– BCD or Regulator 300,00 €
– Dive computer 350,00 €
– Wetsuit & Fins 180,00 €
– Fins 50,00 €
– Weight Belt 25,00 €
– Weights (per kilo) 12,00 €
5. CANCELLATION & AMENDMENTS POLICY
5.1. Cancellations by the Guest.
Cancellations need to be made in writing to reservas@pepezdiveandsail.com and We shall send you an expenses confirmation mail within 48 hours.
– Cancellation / non-payment within 15 days prior to activity date booked – the deposit is forfeited.
– Cancellation from 15 to 7 days before activity date booked – 75% will be charged.
– Cancellation less than 7 days before activity date booked or client not turning up at the appointed time for the beginning of the activity – 100% will be charged.
NOTE. You can search this covered by your insurance company if the cancellation is due to illness.
– Failure to bring proper documentation at the date of the activity will not allow the Guest to perform the activity without any right of cruise payment reimbursement. It includes but not limits to accepted dive certification (detailed in the official website of Pepez Dive and Sail www.pepezdiveandsail.com/en), medical certification, active diving insurance policy or any other document required for the activity development.
5.2. Cancellations by Pepez Dive and Sail.
5.2.1. All related payments received from the Guest shall be promptly and fully refunded by Pepez Dive and Sail and this refund will be the limit of Pepez Dive and Sail’s liability. If Pepez Dive and Sail received payment via credit card, refunds (if any) will be made to the credit card account used to make the booking payment
5.2.2. Pepez Dive and Sail shall not be held responsible for any expenses incurred by the Guest in preparation (related to) the booked cruise, including but not limited to non-refundable airline tickets or cancellation fees, any costs of transportation, accommodation, meals, special clothing or equipment, visa or passport fees.
5.3. Booking amendments.
5.3.1. Booking amendments either by you or Pepez Dive and Sail need to be done in writing. E-mails are an accepted medium. The receiving party shall confirm reception of this mail within 48 hours.
5.3.2. It is at the discretion of Pepez Dive and Sail to accept or deny amendment requests. These amendments might result in additional charges.
5.3.3. Pepez Dive and Sail reserves the right at any time and without prior notice, to change cruise dates and itineraries if circumstances require such changes and/or if deemed necessary and appropriate. Reasons such as, but not limited to, bad weather and sea conditions, lack of supply availability in the market, government intervention, civil unrest, sudden illness of a key staff member such as the Skipper, force majeure are deemed as reasons beyond the control of Pepez Dive and Sail. In such circumstances Pepez Dive and Sail shall not be liable for refunds or compensation in any way, shape or form.
5.3.4. In the event that a Guest cannot be accommodated onboard due to circumstances, which are directly related to Pepez Dive and Sail, such as technical problems with the vessel, double bookings and/or lack of supply due to bad management, Pepez Dive and Sail shall refund all related payments received from the Guest and this refund will be the limit of Pepez Dive and Sail’s liability.
6. PROHIBITED ITEMS AND PRACTISES
6.1. Under no circumstances shall any Guest bring on board the vessel, any illegal controlled substances, drugs, fireworks, weapons, firearms, explosives or other hazardous materials and/or items that are prohibited by applicable law. Pepez Dive and Sail may deny boarding or disembark any Guest in possession of any such items, at the Guest’s own expense with no compensation or the refund to be paid by Pepez Dive and Sail.
6.2. Smoking on the vessel is extremely dangerous and puts lives as well as the vessel at risk. It is therefore strictly forbidden to smoke inside the vessel as well as in any exterior areas other than the designated smoking area. In case of any violation of this policy, Pepez Dive and Sail reserves the right to charge a cleaning fee of USD 250 and to disembark the Guest at the Guest’s expense. In such case, the Guest is not eligible to any compensation or refund payments by Pepez Dive and Sail. We strictly adhere to zero-tolerance with regard to policy on smoking.
6.3. Guests are strictly prohibited from bringing any alcohol on board. Pepez Dive and Sail is committed to a responsible service of alcohol during each cruise and therefore only Guests over the age of 18 years will be permitted to consume or purchase alcohol. Diving and drinking alcohol is not recommended by DAN and other dive safety organizations. Divers can only consume alcohol after its last dive. Pepez Dive and Sail also reserves the right to refuse the sale of alcoholic beverages to any Guest on board.
7. RIGHTS OF THE CAPTAIN / CREW
Guests must follow all safety instructions issued by the Captain, Cruise Manager or other members of the vessel’s crew. If a Guest seriously affects the safety or enjoyment of any person on board, as per Spanish legislation, the Captain and/or the Cruise Manager have the right to confine, discipline or disembark the Guest. In such cases Pepez Dive and Sail is not responsible for any expenses this may cause. In case of disembarkation no compensation or the refund will be paid by Pepez Dive and Sail.
8. MEDICATION AND HEALTH CONSIDERATION
8.1. Due to the nature of a cruise, Guests must ensure that if they are currently taking prescription medication it is their sole responsibility to ensure that they bring an adequate supply with them to last for the duration of their booked Pepez Dive and Sail holiday. Any medical assistance available on board will be limited to first aid offered by qualified staff. Pepez Dive and Sail advise all Guests to carry adequate travel insurance.
8.2. Under the guidance of first aid, please note that We are unable to issue medicines in any form, therefore it is the Guests responsibility to carry their own.
8.3. Guests are required to advise Pepez Dive and Sail in writing, at or prior to the time a cruise begins, of any physical, emotional or mental condition which may require attention during the cruise. Failure to do so may release Pepez Dive and Sail from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Guests should be aware that due to the nature of the cruises offered We are not prepared for any Guests with serious health issues. If a Guest has a condition that in Pepez Dive and Sail’s opinion may seriously affect the enjoyment, health or safety of themselves or any other person on board, We reserve the right to refuse boarding to accept such a person.
9. MINIMUM DIVE EXPERIENCE AND MEDICAL STATEMENT
9.1. Only Guests who hold an internationally recognized dive certification, may book any of Pepez Dive and Sail holiday packages, which include scuba diving other than scuba diving courses.
9.2. At the time of boarding the vessel, all scuba diving Guests are required to show proof of their scuba diving license, logbook, an appropriate medical diving insurance and medical statement/certificate, assuring that they are fit for diving.
9.3. We consider guest’ safety as our number one priority. If client has any pre-existing medical conditions and/or will be taking any medication while on holiday, we will ask to bring an official medical report signed by a doctor competent for hyperbaric diseases specifically stating the patient is fit for scuba diving activities. Please, note that as part of the check-in for the diving, passengers will have to complete a medical statement. If client can answer one or more questions of the medical statement with a “yes”, we will not be able to take guest diving.
10. ENVIRONMENT
10.1. Trash must be properly disposed of in containers provided throughout the vessel or in waste bins provided in cabins/suites. Trash or other foreign objects must never be flushed down a toilet and Guests are prohibited from disposing of or throwing any item overboard.
10.2. In Pepez Dive and Sail we are conscious of the need to reduce plastic consumption so we make an effort to avoid carrying on board disposable plastic items as well as plastic bags. We ask our clients to support this initiative during the activities.
11. DISCLAIMERS
We accept no liability for any misprints in terms of price and information about our services rendered on our website or commercially available printed brochures.
12. LIMITATION OF LIABILITY
12.1. To the extent permitted by law, Pepez Dive and Sail shall not be liable for any loss of or damage to the property (including but not limited to the luggage, medicines, valuables, financial means, electronic equipment and/or similar) of Guests or for injury, death, illness, damage, delay or other loss to person however caused, or any act not shown to be caused by the Pepez Dive and Sail’s direct and sole negligence and the Guests shall indemnify and hold Pepez Dive and Sail, its owners, employees and directors, harmless against all costs, proceedings, claims and demands sustained by or brought or made against Pepez Dive and Sail on account of any such loss, damage, death or injury or arising directly or indirectly as a result of any breach of the Terms and Conditions or negligence of the Guests.
12.2. Pepez Dive and Sail shall accept no responsibility or liability for Guest’s use of any athletic, recreational, sport or any other equipment (including but not limited to snorkels, masks, scuba equipment), whether or not supplied by Pepez Dive and Sail or any accidents, injuries or deaths related to their use; or for the negligence or wrongdoing of any independent contractors or for any events taking place off the Pepez Dive and Sail’s vessels, launches or transports, or as part of any shore excursion, tour or activity.
12.3. Pepez Dive and Sail hereby disclaims all liability to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to the Guest, nor the result of Guest having been at actual risk of physical injury, nor were intentionally inflicted by Pepez Dive and Sail. Without limiting the preceding sentence, in no event shall Pepez Dive and Sail be liable to the Guest for any consequential, incidental, exemplary or punitive damages other than required by mandatory provisions of an applicable law.
12.4. Without limiting the foregoing in the case of any damage arising from the non-performance or improper performance of the services involved in the holiday package under the contract between the Guest and Pepez Dive and Sail, the total liability of Pepez Dive and Sail towards the Guest shall be limited in accordance with the international conventions applicable to it, which govern such services and in total not exceeding the remuneration received for a given holiday package.
12.5. Parents or legal guardians, hereby assume full responsibility for their children’s safety and release and hold Pepez Dive and Sail, its owners, employees and directors harmless from any and all liability, claims, damages, costs and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by them and/or their child from whatever cause, while in or upon the vessel or any premises under the control and supervision of Pepez Dive and Sail, its owners and operators. All costs associated with the repair of damage to any part of the vessel caused by a child are the sole responsibility of the parent or legal guardian.
12.6. Guests are solely responsible for any and all damage and/or loss caused by their violation of these Terms and Conditions.
13. PERSONAL DATA PROTECTION
13.1. The complete and updated version of our Privacy policy and data protection conditions are available in Pepez Dive and Sail website.
14. MISCELLANEOUS
The illegality or invalidity of any paragraph, clause, or provision of these Terms and Conditions shall not affect or invalidate any other paragraph, clause or provision thereof. All headings set forth in these Terms and Conditions are for convenience only and have no separate meaning or effect.
BY BOOKING AND SENDING DEPOSIT TO SECURE THE CRUISE OR THE ACTIVITY, ALL THE ABOVE STATEMENTS ARE ACKNOWLEDGE AND ACCEPTED.
