Version 21/11/2023
These Terms and Conditions (https://scubadivingcairns.com/terms-and-conditions) together with the Privacy Policy (https://scubadivingcairns.com/privacy-policy) govern the use of the Scuba Diving Cairns online platform, which can be accessed through https://scubadivingcairns.com and https://scubadivingcairns.com.
The Scuba Diving Cairns website is available to users worldwide, however, the tours that are provided are for Cairns.
What we do
Scuba Diving Cairns allows you to view activities that you can book through our platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier (“Service Agreement”). When you buy an Activity on the Scuba Diving Cairns Platform, you are not buying anything from us, but directly from the Supplier.
Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement.
We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.
In the interest of a fast and smooth process, you may direct questions about your booking to the Scuba Diving Cairns customer service. For this purpose, you can use our contact form.
We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly after making a tour booking.
The contact details for the supplier can be found on your voucher/ticket.
Registration and Scuba Diving Cairns account
Booking an activity through Scuba Diving Cairns will automatically create an account that you can use to contact the supplier.
This also ensures that we have your correct contact details to pass on to the supplier of your activity and also gives you access to contact the supplier directly through the site.
For security purposes, a password is automatically created which you can log in with and change should you wish.
You must keep this data secret so that no third party has access to your account.
You may only create one Scuba Diving Cairns Account for yourself. You may not transfer the account to anyone else.
Conclusion of contract with Scuba Diving Cairns – User Agreement
The subject matter of the contract with us as the contracting party, is the use of the Scuba Diving Cairns platform free of charge (“User Agreement”).
The contractual relationship between you and us comes into effect as soon as you use the Scuba Diving Cairns website. A blocking, termination, or deletion of your Scuba Diving Cairns Account is possible at any time via the contact form.
Best Price Matching by Scuba Diving Cairns
If you see a better price on a competitor site for an activity we offer by the same supplier you may contact us and we will match it.
Payment at Scuba Diving Cairns
The price offered on the Scuba Diving Cairns website shall apply to the Activity. The amount you pay for an Activity is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking with a 3% booking fee applied.
Scuba Diving Cairns is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier’s invoice. With the successful payment to Scuba Diving Cairns, you have fulfilled your payment obligations towards the Supplier with a discharging effect.
Payments are made in USD and any conversion fees are done through Paypal as this is where Scuba Diving Cairns collects payment.
By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make use of the payment function or individual payment methods on the Scuba Diving Cairns site dependent on a check of the required creditworthiness.
Changes and Cancellations
You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the Scuba Diving Cairns site, or on the voucher/ticket issued for the Activity.
To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the Scuba Diving Cairns site, unless otherwise agreed.
The change or cancellation must be made in good time; what is “in good time” depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by Scuba Diving Cairns.
If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.
We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.
Unless there are different cancellation conditions specified in the description of the Activity on the Scuba Diving Cairns site, in the Supplier T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.
Reviews and Other User Content
We offer you the opportunity to view reviews and other content posted by other users on the tour providers’ websites or google accounts.
The reviews reflect the personal opinion of a respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Activity may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.
You can personally influence the content of the Scuba Diving Cairns site by writing reviews of Activities that you have purchased.
You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the Scuba Diving Cairns site that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.
You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we can see other people may only be uploaded to the Scuba Diving Cairns site if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.
We have the right to approve or disapprove reviews if we feel they are not beneficial or may be offensive to other users of the Scuba Diving Cairns site.
Assignment
You may not transfer or assign your rights and/or obligations under these Scuba Diving Cairns terms & conditions, except for any claim for damages.
Severability clause
Should individual provisions of these Scuba Diving Cairns terms & conditions be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Scuba Diving Cairns terms & conditions that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Supplier – Service Agreement
Conclusion of contract with the Supplier
If you select and purchase an Activity on the Scuba Diving Cairns site, you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier.
After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button “Add to cart”. After clicking the button “Checkout”, you will be asked for further mandatory information, in particular the payment method, which must be completed.
By clicking the button “Pay now” at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.
The Suppliers may provide their own terms and conditions in their respective listings on the Scuba Diving Cairns site (“Supplier T&Cs”). Please read these Supplier T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Supplier T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Supplier T&Cs and a provision in Section 9 of the Scuba Diving Cairns terms & conditions, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.
We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 15 of these Scuba Diving Cairns terms & conditions, and – if applicable – the Supplier T&Cs.
You must immediately check the order confirmation to ensure that all data has been entered correctly.
Prices
In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.
Provision of the Activity
You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.
Suppliers are independent contractors and not agents or employees of Scuba Diving Cairns. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.
For time and deadline calculations, the time zone of the Supplier shall be decisive.
Further rights of the Supplier
The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 15.3.3.
The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the Scuba Diving Cairns site, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.
The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the Scuba Diving Cairns site.
Final provisions
For the purpose of fulfilling the contract and exercising rights due to us under these Scuba Diving Cairns terms & conditions, we may use other Scuba Diving Cairns companies and third parties as vicarious agents.
We may amend or adjust these Scuba Diving Cairns terms & conditions in the future, e.g. to take into account changes in the law, market changes ,or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate your Scuba Diving Cairns Account or your access to the Scuba Diving Cairns site with immediate effect.
All notices and other declarations transmitted within the framework of these Scuba Diving Cairns terms & conditions must be made in writing (e.g. by email).
The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Scuba Diving Cairns terms & conditions or any purchase made pursuant thereto.
The contract between you and us is formed and entered into in Berlin, Germany.
In these Scuba Diving Cairns terms & conditions, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these Scuba Diving Cairns terms & conditions are for convenience only and shall not be used in construing the Scuba Diving Cairns terms & conditions.
Activity-Related Liabilities.
Injury Incidents. You (and any other person for whom you made a booking for an Activity (a “Co-Traveller”)) agree and understand that Activities are provided by Suppliers, not by Scuba Diving Cairns. Suppliers are independent third parties that are not under the control of Scuba Diving Cairns. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with an Activity (an “Injury Incident”), you agree to seek compensation directly from the Supplier that provided the Activity, not from Scuba Diving Cairns or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (the “Scuba Diving Cairns Parties”).
Release. YOU, ON BEHALF OF YOURSELF AND ANY CO-TRAVELLERS , HEREBY RELEASE THE Scuba Diving Cairns PARTIES TO AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), WHETHER OR NOT NOW KNOWN, SUSPECTED, OR CLAIMED, RELATING TO ANY INJURY INCIDENT, WHICH YOU EVER HAD, NOW HAVE, OR MAY IN THE FUTURE HAVE.
Covenant. You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against any Scuba Diving Cairns Party, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.
Liability Limitations.
Waivers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL BE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN.
Maximum. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IF Scuba Diving Cairns IS HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING YOUR USE OF Scuba Diving Cairns’S SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN AN ACTIVITY, OR AN INJURY INCIDENT), THEN Scuba Diving Cairns’S LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUM PAID TO Scuba Diving Cairns IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM (IF APPLICABLE), OR (B) TWO HUNDRED DOLLARS (US $200.00).
Allocation of Risk. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS IN THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT THE Scuba Diving Cairns WOULD NOT ENTER INTO AN AGREEMENT ABSENT SUCH PROVISIONS. In no event shall we be liable to you for any acts or omissions of any Supplier.