Terms & conditions

Expedition bookings

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BOOKING TERMS & CONDITIONS

The following are the conditions relating to the booking of an expedition/Liveaboard trip with Barefoot Conservation Ltd and are designed to be read in close conjunction with and reference to the following documents: Barefoot Conservation project guide.

1. Interpretation

The following expressions shall have the meanings as set out below:

BCL shall mean Barefoot Conservation Ltd, a company incorporated in England (Company Registration No. 8237883) whose registered office is at: 63 Portland Ave, Gravesend, Kent, DA12 5HJ, United Kingdom.

BCL Project Guide shall mean the document entitled “BCL project guide” which is available from the BCL Website.

BCL Project Summary shall mean the document entitled “BCL Project Summary” specific to the expedition for which the volunteer has made a booking, and which is available from the BCL Website.

BCL Website shall mean the official BCL website which can be found at www.barefootconservation.org Deposit shall mean the non-refundable deposit payable at the time of making a booking and which shall form part of the total Expedition/Liveaboard Trip Fee payable.

Diving Certificate means the certificate proving that the Volunteer/Guest has passed both practical and theoretical diving exams to at least the second diving level (PADI Advanced Diver, BSAC Sports Diver etc., or equivalent).

Expedition shall mean the expedition/trip organised by BCL upon which the volunteer/guest has expressed a wish to participate or has been accepted to participate.

Expedition Fee shall mean the total sum payable by the volunteer/guest to participate on the expedition/trip for which they have made a booking and for which that booking has been accepted by BCL.

Expedition Leader shall mean the leader of the expedition appointed by BCL.

Expedition Medical Form means the Volunteer medical form which BCL sends to the Volunteer requiring him/her to complete it and have it signed by a qualified medical doctor.

In writing shall mean by letter, fax or email.

Itinerary means the description of the Expedition/Liveaboard Trip supplied to the Volunteer/Guest by BCL.

LOB means Liveaboard

PADI means the Professional Association of Diving Instructors.

PADI Medical Forms means the medical statement form issued by PADI that BCL sends to the Volunteer requiring him/her to complete it and have it signed by a qualified medical doctor.

Qualified Diver shall mean someone who holds a PADI Advanced Open Water (or above) Diving Certificate or equivalent certificate from another organisation. (see comparison table) Volunteer or Guest shall mean the person who has made a booking and received confirmation from BCL that their booking has been accepted by BCL.

2. Booking & Payments

2.1 Due to limited space on BCL expeditions/LOB trips, volunteers/guests are strongly advised to submit a booking as early as possible prior to the published start date of their chosen expedition/LOB trip.

2.2 Any payment required to be made by the Volunteer/Guest under this Agreement shall be paid into the BCL's Bank Account by direct transfer or cheque payable to "Barefoot Conservation Limited" and shall only be deemed to have been received once it has been received in cleared funds.

2.3 A non-refundable deposit is payable at the time of the initial booking. The deposit is accepted as part payment of the expedition/LOB trip fee and will be refunded only if the booking is not accepted - by BCL.

2.4 A booking is deemed as accepted only upon receipt by the volunteer/guest of confirmation in writing by BCL.

2.5 BCL reserves the right to decline any booking within 14 days from the date of the booking, in which case the deposit will be refunded.

2.6 The balance of the expedition/LOB trip fee is payable no later than 8 weeks prior to the published start date of the expedition/LOB trip.

2.7 Where a booking is made less than 8 weeks prior to the published start date of the expedition/LOB trip the balance of the expedition/LOB trip fee is payable no later than one week following the initial booking payment of the deposit.

2.8 Failure to pay the balance of the expedition/LOB trip fee by the due date entitles BCL to treat the booking as cancelled and retain the deposit paid.

2.9 BCL shall be entitled to charge interest at the rate of 3% above the base rate of HSBC plc on any late payments owing to BCL by the volunteer/guest.

3. Expedition & LOB Trip Fee

3.1 Full details of the expedition/LOB trip fees are provided on the BCL website.

3.2 Full details of what is included and excluded in the expedition/LOB trip fee are provided on the BCL website.

4. Charges

4.1 The expedition/LOB trip fee may be subject to surcharge in the event of the alteration of circumstances arising beyond the control of BCL such as adverse fluctuations in currency exchange rates or substantial increase in the costs of local commodities, services or taxes.

4.2 Any notification of a surcharge will be made in writing by BCL to the volunteer/guest and by no later than 4 weeks prior to the start date of their expedition. Such notification will include a brief explanation by BCL to the volunteer/guest of the reasons for the surcharge.

4.3 If the alteration results in a surcharge of 15% or more of the expedition/LOB trip fee the volunteer/ guest shall either pay the surcharge in full by no later than 10 days prior to the start date of their expedition/ LOB trip or terminate their booking by notifying BCL in writing within 10 days of the date of the notification by BCL. Should the volunteer/guest elect to terminate their booking, BCL shall offer a full refund of the expedition/LOB trp fee paid and BCL shall not be liable for any loss or damage suffered as a result of such termination by the volunteer/guest.

5. Cancellation By Volunteer or Guest

5.1 Cancellation of a booking must be made by email or in writing. The date of cancellation for the purpose of the cancellation provisions below shall be the date of receipt of the email or of notification in writing of the cancellation.

5.2 If the cancellation is made more than 60 days before the published start date of the expedition/LOB trip, 100% of the deposit shall be retained by BCL.

5.3 If the cancellation is made between 60 and 30 days before the published start date of the expedition/ LOB trip, the deposit and 50% of the balance of the total expedition/LOB trip invoiced fees paid, shall be retained by BCL.

5.4 If the cancellation is made between 30 and 0 days before the published start date of the expedition/ LOB trip, or after the expedition/LOB trip has started, the deposit and 100% of the balance of the total expedition/LOB trip invoiced fees paid, shall be retained by BCL.

5.5 If the cancellation is made after the expedition/LOB trip start date, with the volunteer/guest deciding to leave the expedition/LOB trip early, BCL will not be liable for any refunds of any kind.

5.6 BCL will not be liable to pay the volunteer/guest any other losses, costs or expenses (including any consequential or indirect losses) arising as a result of cancellation by the volunteer/guest.

5.7 In view of the above strict cancellation provisions, BCL strongly recommends that appropriate cancellation insurance is obtained by the Volunteer/Guest at the time of booking, and the Volunteer/ Guest acknowledges the importance of securing such insurance cover (refer to clause 10).

5.8 Each cancellation will be dealt with on a case by case basis, and where possible an alternate expedition date/LOB trip will be offered.

6. Cancellation By BCL Other Than For Force Majeure

6.1 BCL will exercise all reasonable care to ensure that the volunteer/guest participates on the expedition/ LOB trip to which they have booked and been accepted by BCL. However, the volunteer/guest acknowledges and accepts the right of BCL to change the published start date of the expedition/LOB trip or provide an alternative expedition/trip location or to make other changes as BCL in the circumstances deems necessary.

6.2 BCL reserves the right to cancel the expedition/LOB trip and provide notice in writing to the volunteer.

If the cancellation is made prior to the published start date of the expedition/LOB trip and no alternative expedition/LOB trip is provided by BCL, BCL will refund the expedition/LOB trip fee less the non refundable deposit, which the volunteer/guest shall accept in full and final settlement of all claims which they may have against BCL.

6.3 The volunteer/guest acknowledges that certain medical conditions, psychological or physical, as declared by the volunteer/guest on all medical forms submitted to BCL by the volunteer/guest may be contra indicatory to safe participation on the expedition by the volunteer/guest.

6.4 BCL reserves the right to cancel the volunteer or guest booking based upon the medical advice of the BCL appointed medical advisor(s) and in so doing the volunteer/guest accepts that BCL shall not be liable to refund any money already paid to BCL by the volunteer/guest or be liable to the volunteer/guest for any other losses, costs or expenses (including any consequential or indirect losses) arising as a result of cancellation on medical grounds.

7. Force Majeure

7.1 BCL shall have no liability to the volunteer/guest to make any refund or in respect of any other loss or damage suffered by the volunteer/guest as a result of the curtailment, suspension, alteration or the cancellation of the expedition/LOB trip caused by any event of force majeure occurring.

7.2 For the purposes of clause 7.1 “force majeure” shall mean war, threat of war, riot, civil strife, coup, industrial dispute, terrorist activity, threat of terrorist activity, hijacking, health risks, outbreak of infectious disease, quarantine, natural, man-made or nuclear disaster, fire, lightening, explosion, earthquake, storm, tempest, hurricane, flood, landslide, adverse weather conditions, bureaucratic obstacles, government or other official intervention, inability to obtain, or shortage of, fuel, power, gas, equipment transportation or product, loss, theft or damage to strategic equipment, or any other event or circumstance arising which is beyond the control of BCL.

8. Acknowledgement Of Nature Of The Expedition

8.1 The volunteer acknowledges and accepts that the expedition is designed to be primarily of scientific and educational benefit to the host country and not a traditional package holiday where timetables, itineraries and arrangements are clearly defined in advance. Flexibility of expedition timetables, itineraries and arrangements should not only be anticipated but expected. In agreeing to join and participate on the expedition the volunteer agrees to accept this flexibility and to be prepared for variation which may arise with little or no prior notice, and acknowledges the right of BCL to make alterations and variations which shall not be regarded as a cancellation for the purposes of clause 6.

8.2 The volunteer acknowledges and accepts that there is a significant element of personal risk and potential hazard involved in undertaking an expedition of the nature organised by BCL and whilst BCL aims to safeguard the volunteer's safety, it can not be held responsible for damage or injury caused by risks or hazards beyond its control.

8.3 BCL shall not be liable to the volunteer for any claim arising from discomfort or disappointment suffered from participation on the expedition.

8.4 The volunteer warrants that he/she has read the relevant BCL project guide and agrees that this shall form part of any contract between BCL and the volunteer and that he/she will comply with all obligations of volunteers referred to in those documents.

8.5 Due to the nature of the Expedition, the Volunteer acknowledges the BCL may need to make certain alterations to the Expedition, Itinerary, services, training, meals, accommodation and other arrangements. BCL may make such alterations as reasonably required at any time.

8.6 Where any alteration referred to in clause 8.5 significantly alters the content of the Expedition as originally described to the Volunteer:

(a) if the alteration is made prior to departure, BCL shall notify the Volunteer as soon as reasonably practicable; (b) if made after departure, BCL shall notify the Volunteer as soon as reasonably practicable, and the Volunteer may terminate the Agreement and clause 5 applies.

8.7 BCL shall not be obliged to pay any compensation or refund to the Volunteer as a result of diving or marine opportunities being reduced because of changes to the Expedition made as a result of circumstances outside the control of BCL, including but not limited to climatic conditions, unexpected equipment failure and/or a Force Majeure Event, and/or made to ensure the health and safety of the Volunteer and/or of the other members of the Expedition.

9. Brochure, Leaflets & Website Information

9.1 All information published by BCL, including the BCL brochure, BCL leaflets and website, contain statements representing BCL’s honest belief that the facts as shown are correct. Every reasonable effort has been made to describe fully, and as honestly as possible, the expeditions and other products offered and every reasonable attempt will be made to supply what had been described.

9.2 BCL reserves the right to make changes to its published information prior to confirming the volunteer or guest booking and, provided such changes have been notified to the Volunteer or guest prior to the volunteer/guest submitting a booking or accepted by the volunteer/guest after submission of the booking prior to BCL’s confirmation, then such changes shall be binding on the parties.

10. Insurance

10.1 The volunteer/guest agrees to effect full personal medical and travel insurance and agrees to be personally responsible and liable for ensuring that such insurance cover fully meets their personal requirements and the minimum requirements as recommended on the BCL website.

10.2 The volunteer/guest acknowledges the importance of insurance provision in respect of their spouse, dependent children and/or relatives and accepts responsibility for assessing their own personal circumstances and arranging any additional insurance cover that they personally deem to be necessary.

10.3 The volunteer/guest further agrees to ensure that their insurers are aware of the type of travel and work to be undertaken during the expedition/LOB trip and accepts the insurance proposal upon such basis.

11. Medical Information

11.1 The Volunteer/guest shall submit an Expedition Medical Form and a PADI Medical Form, signed by qualified physicians, to BCL no later than one month after the date of this agreement or one month before the Expedition/LOB trip start date, whichever is sooner.

11.2 The information provided on the medical forms must be correct and complete and must include details of all pre existing medical conditions. If, at any time after completing the medical forms and - before departure, the Volunteers/Guests medical condition should change, the Volunteer/Guest must notify BCL immediately, providing full details of the relevant changes. If the Volunteer's medical condition changes after departure, the Volunteer/Guest must notify BCL immediately, providing full details. BCL reserves the right to ask a volunteer/guest to leave the project/liveaboard, should the volunteer/guest provide false information on the medical forms. In these cases, no refund/s will be due.

11.4 The Volunteer/Guest gives BCL authority to arrange any necessary medical or surgical treatments and to sign any required consent forms on their behalf in the case of an emergency. BCL shall not be liable for any medical or surgical treatment arranged or consented to under this clause.

12. Diving and Swimming Requirements

2.1 If the Voluntee/Guestr has a Diving Certificate or will obtain one before departure, he/she must submit a copy of it to BCL before departure.

12.2 If the Volunteer/Guest does not submit his/her Diving Certificate in accordance with clause 12.1 or the Volunteer/Guests diving qualifications are, in the reasonable opinion of BCL, of a lower standard than stated in his/her application form, BCL may charge an additional fee for Scuba training under clause 12.2.

The Volunteer/Guest must pay the additional fee to BCL before departure, or where already on the Expedition/LOB trip, immediately and directly to BCL.

12.3 If the Volunteer/Guest does not have a Diving Certificate and will not acquire one before departure, or where clause 12.2 applies, the Volunteer/Guest shall take part in Scuba training organised by BCL whilst on the Expedition/LOB trip. The Volunteer/Guest may not take part in any diving activities until he/she has successfully obtained a Diving Certificate.

12.4 The Volunteer/Guest must pass the on site swimming test before taking part in any diving activities in or on the water.

12.5 All qualified divers joining an expedition/LOB trip must undertake a review dive with the PADI Scuba Instructor to demonstrate their dive skills, show they have the necessary buoyancy skills to undertake survey dives and prove they do not pose a safety risk to themselves and/or others. Qualified divers will not be allowed to take part in survey dives until they have passed this scuba review dive to the satisfaction of the on-site PADI Scuba Instructor.

12.6 BCL retains the right to refuse permission for a volunteer/guest to undertake survey dives with BCL if they have not met the requirements of clause 12.5

13. Transport to and from the Project Site

13.1 If the Volunteer/Guest arrives at the pre-arranged meeting point as defined on the BCL website later than required, the Volunteer/Guest must arrange and pay for his/her transfer to the project site/LOB.

13.2 The Volunteer/Guest is responsible for all transfer and repatriation costs if he/she chooses to leave Expedition/LOB trip, or if BCL asks the Volunteer/Guest to leave or the Volunteer/Guest breaks these booking terms and conditions, before his/her schedule Expedition/LOB end date. BCL will provide all reasonable assistance in organising such transfer and repatriation.

14. Passport, Visas & Vaccinations

14.1 The volunteer/guest must be in possession of a valid passport (with a minimum validity of 6 months from start date of expedition/trip) and all visas, permits and certificates required for the entire duration of the expedition/trip and must also arrange to obtain whatever vaccinations are normally recommended for the countries through which the expedition is scheduled to travel. Any information given by BCL about visas, healthcare, vaccinations, climate, clothing, baggage, special equipment and other matters is given in good faith but without responsibility on the part of BCL.

15. Compliance With Legal Requirements

15.1 The volunteer/guest agrees to comply with all legislation, visas, immigration, customs and foreign exchange regulations of the countries visited upon the expedition/trip. In the event of a contravention by the volunteer/guest of the laws of any country through which the expedition/trip travels, BCL shall have the right to require the volunteer/guest to leave the expedition/LOB trip within 24 hours notice and no liability on the part of BCL shall arise whatsoever.

15.2 The volunteer/guest agrees that BCL shall offer no refunds if the volunteer does not comply to clause 15.1 and that the volunteer will not pursue any legal action against BCL.

16. Participation & Behaviour

16.1 The volunteer/guest acknowledges that the expedition/LOB aims to obtain useful information to assist the preservation of the natural environment under observation during the expedition and that therefore the volunteer/guest expects to work under the supervision of the BCL staff in a conscientious manner in order to assist in the compilation of this information.

16.2 The volunteer/guest agrees to fully abide by all reasonable rules, regulations and instructions issued by BCL, including but not limited to those stated on the BCL website and those from the BCL staff.

16.3 The volunteer/guest agrees to abide by the authority of the BCL staff and to follow all of his/her reasonable instructions.

16.4 The volunteer/guest will indemnify BCL against any damage or loss whether suffered or incurred by BCL, its staff, other volunteers/guests, members of the local community or otherwise, arising from the volunteers or guests actions or omissions.

16.5 BCL reserves the right, in its absolute discretion, to terminate the volunteers or guests expedition or trip if the volunteer or guest commits any illegal act on the expedition or trip, or the volunteers or guests behavoiur likely, in the opinion of BCL or its employees or agents, to cause distress, damage, annoyance or danger to its employees, other volunteers/guests or to any third party or their property.

16.6 In the event of clause 16.5, the BCL staff may require the volunteer/guest to leave the expedition/ LOB trip within 24 hour’s notice and BCL will have no further responsibility or liability for the volunteer /guest whatsoever, including any arrangements for travel or accommodation, and will not provide any refunds of monies paid by the volunteer/guest to BCL. Furthermore, BCL will be under no obligation whatsoever to pay the volunteer/guest compensation or cover any costs the volunteer/guest may incur as a result of having to make alternative arrangements.

17. Complaints

17.1 In the event that the volunteer/guest wishes to make a complaint in relation to the expedition/trip, the volunteer/guest will first ensure that the matter has been brought to the immediate attention of the BCL staff who will respond by seeking to resolve the complaint as soon as reasonably possible.

17.2 In the event or an unresolved serious complaint, the volunteer/guest must first complete a full written report detailing the nature of the complaint before departure from the expedition/trip. This report must be signed and dated by the volunteer/guest and the BCL staff and a copy provided to the volunteer/guest prior to departure. The volunteer/guest should then notify BCL of their complaint by letter within 28 days of their return and include a copy of the report made prior to their departure from the expedition/trip.

17.3 The volunteer/guest acknowledges that it is unreasonable to take no action or fail to report their complaint to the BCL staff whilst on the expedition/trip but then to write a letter of complaint upon return. It is therefore a condition of booking that the volunteer/guest communicate any problem to the BCL staff and follow the procedures as laid out in clauses 17.1 and 17.2. If the volunteer/guest fails to follow these procedures, the volunteer/guest accepts that BCL cannot be held responsible or liable as the volunteer/guest will have deprived BCL of the opportunity to investigate and rectify the problem during the course of the expedition/trip.

17.4 The volunteer/guest agrees that under no circumstances shall BCL be liable for damages or compensation arising from that part of any claim related to the assessment of inconvenience, discomfort, disappointment, loss of enjoyment or as a consequence of any event of force majeure occurring.

18. Data Protection & Copyright

18.1 The volunteer/guest acknowledges and accepts that all information and data collected by the volunteer /guest during the expedition/trip is for the exclusive use of BCL and that BCL retains full and exclusive copyright, publishing and commercial rights in, and complete editorial control over, this information and data.

18.2 The volunteer/guest waives all rights in relation to the data and information collected by them during the expedition/trip and agrees not to duplicate in any form, publish, render public or make use in any other way of data and information they have collected during the expedition/trip, unless expressly permitted to do so in writing by a serving director of BCL.

18.3 The volunteer/guest agrees that any written, video, film or photographic works they may be asked to make by BCL during their expedition/trip shall be copyright to BCL and may not be duplicated or used for any purpose whatsoever by the volunteer/guest unless expressly permitted to do so in writing by a serving director of BCL. The volunteer/guest waives any right to be identified as the author or creator of any such works.

18.4 The volunteer/guest authorises and permits without charge BCL to use, publish and sell any information, reports, data, video, film and photographic works collected by the volunteer/guest during the expedition/trip, including any video, film or photographic images that may include the volunteer or guest.

19. Variation, Conflict & Jurisdiction

19.1 No servant or agent of BCL can vary or waive these conditions and no variation of these conditions will be effective unless it has been signed by a serving director of BCL.

19.2 In the event that any of the provision of these conditions are held to be invalid under any applicable statute or rule of law, such provisions will be omitted without affecting the validity or enforceability of any remaining clauses.

19.3 In the event of any conflict between any of these conditions and any other document issued by, or on behalf of, BCL these conditions shall prevail, unless otherwise stated in writing.

19.4 These conditions, and any matters arising from them, are governed by and construed in accordance with English Law and are subject to the exclusive jurisdiction of the Courts of England and Wales.

BAREFOOT CONSERVATION, 63 Portland Ave, Gravesend, Kent, DA12 5HJ, United Kingdom UK Tel: +44 (0) 333 577 0067 - Indo Tel: +62 (0)8124 880 6508 Email: jobs@barefootconservation.org Web: www.barefootconservation.org

Liveaboard trips

Please read this document carefully, before ticking the box on the booking form, to say you have read these terms & conditions. All prices stipulated in this document are in UK Pounds sterling (£GBP) or United States Dollar ($USD).

Index

1. Reservations, Payments, Single Travellers & Single Supplement
2. Full Boat Charter
3. Cancellations and Alterations
4. Cancellation by Ayo Divers
5. Compensation
6. Inclusions/Exclusions
7. Associated Trip Costs
8. Itinerary
9. Passports, Documentation, Certification
10. Medical and Health
11. Insurance
12. Claims and Complaints
13. Price Fluctuations Prior To Your Trip
14. Liability, Release and Assumption of Risk
15. Personal Belongings
16. Photography & Videography Equipment
17. Number of Dives
18. Diving Conditions
19. Dive Gear Recommendations
20. Decompression Diving
21. Customer Liability
22. Alcohol Consumption Onboard
23. Drugs
24. Smoking
25. Alternative Dropoff and/or Pickup

1. RESERVATIONS, PAYMENTS, SINGLE TRAVELERS & SINGLE SUPPLEMENT

All rates are quoted on a shared basis; price is per person. If you are booking as a party of 2, you will be guaranteed that the room will be reserved for your party of 2 people only.

If you are booking as a single traveler, you may be roomed with another person of the same gender, dependent on availability.

If you would like a guaranteed private cabin for 1 person, there is a 65% surcharge on top of the listed price for single occupancy.

A 50% deposit is required at the time of your reservation. Final payment is due 60 days before the date of departure. If payments are not made in the periods required, Ayo Divers/Barefoot Conservation reserves the right to refuse the services contracted, retain the money paid as a deposit (25%), and resell the excursion. In the case where a reservation is made less than 61 days before the departure date, the total price must be paid at the time of reservation. All deposits and full balances are non-refundable.

All prices given on our website or by an Agent are meant as cash prices, respectively when money is wired via bank transfer. Other payment methods such as credit card and other payment gateways will be liable to an additional charge as stated by our operations team at the time of booking. Please note all payments should be received by Ayo Divers/Barefoot Conservation net of service and provider charges, please ensure you select payment of all charges when completing your wire transfer.

$USD, Euro, Pound Sterling, AUD and IDR currency is accepted for onboard payments. Currency exchange rates are calculated on the date of payment. Unfortunately, we are unable to accept banknotes of smaller denominations or old, worn, damaged or torn notes of any denomination. We can only accept 5, 10, 20, 50 or 100 denominations. Please note that for all onboard payments using a foreign currency a 2.5% surcharge will be added to the exchange rate against the dollar. (eg); XE.com $1= 0.78 Pounds, therefore 2.5% will be added to the value of the pound or other currency against the Dollar. This surcharge is due to the fact that Ayo Divers/Barefoot Conservation cannot obtain XE.com rates and must use localised money changers, or the rate set by the bank, which is approximately 2.5%. Payments by card incur a 3% charge, other payment gateways may be higher.

Children are accepted aboard Ratu Laut from the age of 12 years old from the start of your trip, during scheduled open charters. This rule, however, is flexible upon reserving a full boat charter, with prior communication with Ayo Divers/Barefoot Conservation operations team. During the cruise, we remind you that children remain the TOTAL responsibility of their parents and/or your legal guardians. Parents are required to ensure that the children respect all safety procedures, listen to all safety briefings, and do not disturb the peace and quiet of the other passengers, or the effective management of the cruise. No crèche facilities or services are offered onboard.

A passenger or third party who makes a reservation for other participants must ensure the obligations of their travelling parties (specifically in the respect to payment) as with their own individual obligations. The contractual obligations and general conditions are applicable to all the travelling party.

Each guest must have completed and returned the Ayo Divers/Barefoot Conservation Liveaboard Booking Form. The must have, read, understood and ticked the box on the booking form to state you agree with our ‘Terms & Conditions’. Where applicable a signed medical statement from your Doctor confirming you are fit to dive, before arriving on the vessel for the charter. If you are making a direct booking, please discuss your method of payment with your operations team. Please discuss with our operations team the various payment options. we can accept bank transfers within Indonesia at reasonable rates. If you are booking via an agent, your payment method and all further enquiries with regard to your charter is through them.

2. FULL BOAT CHARTER

It is possible to charter the boat. In this particular case, the conditions and price are determined on the basis of a special group offer. The maximum number of passengers is 12. These trips cannot be cancelled once the deposit is paid, as the deposit your commitment to complete the booking and payments relating to it.

For full boat charters, we require a 50% deposit to secure the booking; the remainder must be paid 60 days prior before departure. In cases where bookings are made less than 60 days in advance, 100% of the booking is required, this is non-refundable.

It is possible to charter Ratu Laut for specific destinations and itineraries, outside of our normal scheduled program, under the following conditions:

• A non-refundable deposit of 50% is made at the time of your reservation.
• 60 days before the charter the balance must be paid in full. In case of cancellation, no refund will be given.
• The additional costs due to a specific relocation of the vessel are added to the cost of the charter This will depend on the normal program location of the vessel both before and after the reserved charter. The price of the relocation will be communicated to the client before the deposit is paid. All quoted relocation costs must be paid at the time of the deposit and are subject to bookings and availability.

3. CANCELLATIONS AND ALTERATIONS

In the case of a cancellation after the charter/booking has been confirmed, firstly, Ayo Divers/Barefoot Conservation operations team or your agent must be informed by email. To determine the date of cancellation, the following business date of the email will be used as the specific cancellation date, no refunds will be given.

If for any particular reason a passenger cannot travel for the voyage reserved, the reservation may be transferred to another person. Ayo Divers/Barefoot Conservation must be informed as soon as possible and with a minimum of 2 weeks notice before the scheduled date, including the reason, and all information about the replacement passenger provided. An administration fee will be applied. The replacement passenger must respect all conditions of the contract and Ayo Divers/Barefoot Conservation cannot in any way be held responsible for any expenses or changes outside of the cruise (Hotels, flights etc.) A new contract will be established with the replacing customer in the shortest time frame possible. All conditions of the contract must be respected including passport validity, dive certification (unless non-diver), medical certificate etc. All documents need to be signed and the balance of the cruise paid.

If the passenger (who can not travel for the voyage reserved), can not find another person to transfer the reservation to, then the following cancellation terms apply:

Cancellations received more than 60 days prior to departure will have the deposit returned less bank fees and admin charges.

Cancellations received less than 60 days from the departure date, will receive no refund. The guest/s will however be able to reschedule to a different trip within the next 2 years.

Any refunds will be made within 60 days of receiving the cancellation notice.

4. CANCELLATION BY Ayo Divers

Client Behavior

So as to preserve the serenity and safety of the vessel, its customers and its staff, Ayo Divers/Barefoot Conservation reserve the right to cancel any reservation prior to departure of the scheduled trip, if an inappropriate action or indelicate behaviour of any guests justifies it. In this case, Ayo Divers/Barefoot Conservation will not reimburse any of the amounts already paid. All complaints against Ayo Divers/Barefoot Conservation and Ratu Laut Liveaboard will be exclusively contested in a court of law in Indonesia.

Force Majeure or unforeseen event

For force majeure, unforeseen events, or any other similar reasons, Ayo Divers/Barefoot Conservation reserves the right to modify, interrupt or cancel a charter/trip when any unforeseen events are imposed on the company or when the security/health of the travelling clients may be compromised. These may include but are not limited to: refusal or cancellation of navigation rights, flight landing rights, travel restrictions, strikes, riots, civil or international war, political or economic disturbances, coup, industrial dispute, terrorist threats or activity, fire, health risks, outbreak of infectious disease, quarantine, bureaucratic obstacles, government or other official intervention, inability to obtain or shortage of fuel, power, gas, equipment transportation or product loss, theft or damage to strategic equipment, climatic, seismic or volcanic events endangering the safety of our passengers, crew and the vessel.

In any case, you will be informed by Ayo Divers/Barefoot Conservation or your agent as soon as is possible. In these particular cases, the customer may not apply for reimbursement or refund from Ayo Divers/Barefoot Conservation. Customers who have foreseen travel insurance taking these unforeseen events into consideration, may request reimbursement directly with their respective insurance company. In case of technical damage occurred aboard Ratu Laut, preventing the departure of the cruise, Ayo Divers/Barefoot Conservation will either

• Provide you with an equivalent service on a similar type of boat.
• Postpone the trip without charge to a later date.

Any refunds, if due, will be made within 60 days of receiving any cancellation notice from Ayo Divers/Barefoot Conservation. Any refund due will be less bank fees and admin charges.

5. COMPENSATION

Ayo Divers assumes no responsibility, and/or offer no compensation for an injury, death or damage occurred to passengers, damage, or loss to passengers’ property during the cruise that does not directly involve its staff.

6. INCLUSIONS / EXCLUSIONS

Included in the price:

• Transfers to the harbour on the first day of your cruise, from Meridien hotel
• Return ferry tickets Sorong/Waisai
• All meals, non-packaged snacks, coffee and tea, and post-dive refreshments
• Diving services including tanks, weights, air fills, guides and dive tenders
• Land excursions where applicable

Not included in published price:

• Flight tickets
• Travel, dive and repatriation insurance
• Visas and fees
• Airport taxes and extra baggage fees
• Airport to hotel transfers
• Port, clearances, ranger, anchorage, Village and marine park fees
• Dive rental equipment
• 15Ltr tanks $10 per day, up to 4 tanks per day
• Dive courses and certification, (price on application)
• Alcoholic beverages such as beer
• Soft drinks and packaged snacks
• Fuel surcharges** (may fluctuate with markets, you may be asked to pay an extra fuel allowance up to 60 days prior to departure, of no more than $150USD per person)
• Staff gratuities, recommended $25USD/IDR350,000 (preferred in local currency) per day
• Ayo Divers Merchandise

7. ASSOCIATED TRIP COSTS

We charge the following additional fees to cover Indonesian national marine park fees, local area access fees, harbour fees, anchorage fees, and land-based activities that require donations.

• Raja Ampat North: $100 per person per trip
• Raja Ampat South: $100per person per trip
• Ultimate Komodo: $190 per person per trip

Raja Ampat national park tags are valid for one year. You will receive your tag onboard the vessel at the start of the trip. If you still have a valid tag, please contact us directly to allow us to recalculate the cost of your park fees. (This is only available when booking direct with Ayo Divers/Barefoot Conservation). You will be required to bring your old tag along to show to the relevant authorities when they board the vessel. Failure to do so may result in a fine, and the guest/s in question being detained as dictated by the port authorities.

8. ITINERARY

We strongly recommend that guests arrive at least one day prior to the trip start date. Guests are also encouraged to book any return flights be it domestic or international, at least 24 hours after the time of departure from Ratu Laut, thus allowing the body enough time to fully gas off. Ayo Divers/Barefoot Conservation will not be held responsible for any missed flights or other connections.

Ayo Divers/Barefoot Conservation has created a schedule based on the best time of the year to be in Raja Ampat and Komodo, considering conditions such as swell, waves, wind, and tidal behaviour. Ayo Divers/Barefoot Conservation has no control over natural climatic conditions, and the Indonesian weather system is notoriously unpredictable. Regardless of what your itinerary states, if the captain feels that travelling to a certain area due to any of the above factors may jeopardize the safety of the boat, its crew, and passengers, the captain’s word is final. Please do not feel that we are trying to compromise your trip, there are many dive sites around the areas we travel, and it is often possible to avoid unfavorable weather and ocean conditions within a short journey.

Your safety is our number one priority; we pride ourselves on providing you with the best possible trip, within our operating capacity.

9. PASSPORTS, DOCUMENTATION, CERTIFICATION

Your passport must be valid for at least 6 months beyond your period of travel and have at least 2 empty pages within it. You are required to have a return ticket, outbound from Indonesia, prior to entering Indonesia.

Customers are responsible for ensuring they have the proper documentation to travel into each country on their itinerary, as well as for re-entry and return to their Country. Please check with the appropriate consulate to ensure you have the proper documentation. Always check your passport and visa requirements.

To partake in any scuba diving activity with Ayo Divers/Barefoot Conservation, we will require that you, the customer, hold a valid certification from a recognized scuba diving agency such as SSI, CMAS, BSAC, PADI or similar. The customer is responsible, as a certified diver, to respect and follow the guidelines given by the Ayo Divers/Barefoot Conservation guides and instructors, plus adhere to the regulations stipulated by their certification agency. Clients are solely responsible to provide a diving medical statement or physician’s medical dated within the last 12 months, certification card and logbook. Ignoring the directions given by the guides, or not presenting certification card, logbook or valid medical paperwork may cause a limitation or disqualification from scuba diving on the voyage. The diver accepts their responsibility to be technically capable of participating in the activity of scuba diving and fully accepts the risks associated. We reserve the right, for safety reasons, and at the discretion of the Ayo Divers/Barefoot Conservation guides, to refuse access to one, several or all dives, if the diver in question does not have the necessary competence to participate safely.

All divers must be either Advanced Open Water certified with at least 20 logged dives, or Open Water certified, with at least 40 logged dives and have dived with in the past 5 years. A mandatory refresher shall take place at our first dive site for anyone who hasn’t dived in the past year, which is included in the cost of the trip.

10. MEDICAL AND HEALTH

Ayo Divers/Barefoot Conservation or its staff are not legally allowed to provide you with any medical advice or supply prescription drugs, as in the law of Indonesia. If you are unsure about any medical matter, then please seek advice from your general practitioner before scuba diving and similar activities. Likewise, if you are unsure about your physical level of fitness for the itinerary you wish to book, please inform our operations team and we can discuss your needs in more detail.

Before commencing any holiday, you should be physically able to enjoy themselves. The activities that Ayo Divers/Barefoot Conservation offer can be physically demanding, and as such you will be required to be reasonably physically fit to participate and enjoy these activities. Activities include hiking to viewpoints as well as diving. Discomfort, displeasure and pain resulting from the inability to do said activities as a result of physical unfitness are not ground for complaint or refund. We recommend a complete physical before your trip. There is a DAN certified recompression chamber located in Bali and Manado.

If you have any health problems, are on any form of medication or have had any illness, injury or operation that may affect you whilst diving, please let your booking agent know in advance. As we require an up to date medical statement confirming you are fit to dive. Failure to inform us about this may result in you not being able to dive, as it may not be able to be obtained from local Indonesian general doctors that are not specialist in hyperbaric medicine. Failure to disclose such prior information may result in your insurance being invalid, or your trip being a non-diving one.

Anyone with specific dietary requirements, including vegetarian/vegan diets, or food intolerances or allergies should advise us at least 61 days before the trip. Should you have any restrictions or requirements and not inform our operations team previous to your trip departure, it may be difficult or impossible to meet such requirements.

Ratu Laut is equipped with advanced first aid kits onboard, including oxygen and an AED. Currents and winds may cause moderate movement of the vessel at times. You may want to bring motion sickness medication if you feel you will need it. We suggest you bring over the counter motion sickness medication or consult your doctor about prescription brands, such as the transdermal patch or Scopace tablets. Please be sure to consult your Doctor about using such medications when diving. With anything that you consume for medical purposes, please be aware of its contents before consumption. Ayo Divers/Barefoot Conservation and their staff are unable to accept any medication brought onboard for safe keeping including those that require refrigeration. Should a guest have a medication requiring temperature control, they will need to travel with a travel cooling case or small storage cooler with several blue ice packets. The crew will be happy to store and recharge the blue ice packets but are unable to accept possession of, or responsibility for the proper care and storage of medication. This should be kept in your cabin.

Should you suffer from any of the conditions outlined below, please provide a signed medical statement from your doctor within the last 3 months.

Asthma. Please be aware that we do not accept divers with asthma if you have had an attack in the last 3 years – or those who take medication for prevention or treatment of asthma on all our dive trips. If you had an attack between 3-10 years ago, we will ask to see the results of a Spiro metric test (lung function test) dated not older than 3 months.

Diabetes. Unfortunately, we do not accept divers with this condition, as our staff are not medically qualified to a level to deal with any medical problems that may arise.

Thyroid Disease. Divers with thyroid disease or having no thyroid gland should bring a medical statement dated within the past 3 months proving that their cardiovascular system has been critically assessed.

Ayo Divers/Barefoot Conservation also cannot accept divers with Hypertension (high blood pressure) or divers using anti-depressants, unless they have been signed off by a doctor to dive.

We would advise anyone with severe allergies to reconsider booking such a trip.

The use of peanut oil and crustaceans are widespread throughout Asia, and due to our remoteness, it might be difficult to receive the right treatment for adverse reactions. We do not guarantee any and/or of our meals that there may be traces of nut and seafood.

Previous cases of DCS and DCI in the last 5 years require a medical clearance from a hyperbaric trained specialist.

Please note that for the above mentioned conditions we do NOT accept medical statements issued locally in Indonesia unless they are from a DAN or similar accredited hospital or clinic. If you need any assistance or further advice on this subject, please contact us for further information.

Ayo Divers/Barefoot Conservation is not willing to risk your life or endanger those around you by overlooking such conditions. Please be aware, that due to our location, medical attention is not always easy to obtain. It might, in a worst case scenario require medical evacuation; Ayo Divers/Barefoot Conservation holds no responsibility or liability for medical evacuation costs.

Failure to make Ayo Divers/Barefoot Conservation and your insurers aware of any existing conditions may lead to your insurance being invalid and/or being refused diving activities whilst onboard.

11. INSURANCE

We strongly recommend to our guests that they purchase a fully comprehensive travel insurance package that covers; accidents, medical assistance, baggage, trip cancellation and interruption, personal liability and effects, when a reservation is made. All guests should ensure they have appropriate insurance to cover the activities they will be undertaking during their trip, regardless of risk. Please be advised that if guests choose not to carry travel insurance, Ayo Divers/Barefoot Conservation will not be held responsible for any unforeseen financial expenses caused by reasons beyond our control.

Travel insurance is a personal preference and highly recommended, DIVING insurance, however, is not.

We require all divers to have a diving insurance policy that includes medical evacuation for the entirety of your trip, Ayo Divers/Barefoot Conservation will require a copy of your insurance policy, at least 24 hours prior to departure.

You are required to carry a copy of your policy with you during your trip.

This insurance should take into consideration the costs involved in accident treatment including hyperbaric treatment and/or repatriation. In the case of a diving accident, or other accident, where the accident was not caused by a service provided by Ayo Divers/Barefoot Conservation or their employees, Ayo Divers/Barefoot Conservation will not be held responsible, for any requests for compensation will be refused.

We highly recommend dive insurance offered by the Divers Alert Network and travel insurance. Special 10 day or 30 days DAN dive insurance packages are available. Please check this website: www.diversalertnetwork.org

12. CLAIMS AND COMPLAINTS

If you have observations, complaints or requests for reimbursement, you should contact us immediately or at least within 10 days from the return of your trip. Beyond this time, it becomes extremely difficult for us to intervene due to the nature of the law in Indonesia. All requests for reimbursement relating to additional services, or services invoiced but not provided, will be studied on presentation of documentation and additional information. In the case of litigation, legal jurisdiction will be Indonesia.

Any complaints made using social media platforms, bypassing our operations team and/or Ayo Divers/Barefoot Conservation management are not subject to any reimbursement.

13. PRICE FLUCTUATIONS PRIOR TO YOUR TRIP

All quoted published rates have been calculated from Indonesian Rupiah to pounds sterling to allow guests to identify pricing in a globally reconigsed currency. In the unlikely event of the devaluation of the Pound Sterling to the Indonesian Rupiah; Ayo Divers/Barefoot Conservation reserves the right to levy a supplemental charge directly proportional to the amount of the exchange rate devaluation on a per passenger basis. The amount of the supplemental charge as of sixty-one (61) days prior to the departure date, which Ayo Divers/Barefoot Conservation advises, shall be added to the final payment of each invoice. The exchange rate shall be determined by the Ayo Divers/Barefoot Conservation operational team.

14. LIABILITY, RELEASE AND ASSUMPTION OF RISK

Ayo Divers/Barefoot Conservation 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 Ayo Divers/Barefoot Conservation. There are inherent risks associated with all activities offered by Ayo Divers/Barefoot Conservation, and those risks must be accepted and accounted for by each individual customer. Ayo Divers/Barefoot Conservation is neither negligent nor liable if accidents happen as a result of acts or omissions of other third parties. Ayo Divers/Barefoot Conservation cannot be held liable for and will not be responsible for loss or damage of personal items such as individual dive equipment, camera and video equipment, strobes and other accessories, passports, flight tickets, etc. Scuba diving requires a certification from a recognised diving agency such as PADI or SSI. It is your responsibility to demonstrate that you are suitably qualified to participate in any diving activities, and to provide proof of such qualification upon request, 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.

15. PERSONAL BELONGINGS

Ayo Divers/Barefoot Conservation does not recommend that you bring personal belongings of exceptional or sentimental value onboard during your trip. Such items as laptops, cameras, tablets and other electrical goods can become damaged due to water damage. Likewise, with valuable pieces of jewelry, Ayo Divers/Barefoot Conservation and its staff will not be held responsible for the damage or loss of such items. All the items you decide to bring are at your own risk.

16. PHOTOGRAPHY & VIDEOGRAPHY EQUIPMENT

The sole responsibility for handling, care, cleaning and maintenance of personal camera equipment, including camera bodies, lenses, memory cards, housings, strobes, lights or other photography or videography accessories, lies with guests.

In asking Ayo Divers/Barefoot Conservation staff to assist with any of the aforementioned items, Guests hereby personally assume all risks, whether foreseen or, that may befall equipment whilst being assisted by the crew.

This includes periods of required handling between the main vessel and the speed boats, handling between the speedboats to and from the water, prior and post to diving or snorkeling, and cleaning and storage. Whilst onboard Ratu Laut, camera dome covers provided by the manufacturer should be kept in place whenever the camera is not in use, especially during transport to and from dive sites and when stowing cameras.

Ayo Divers/Barefoot Conservation also recommends storing all camera equipment in a durable waterproof casing.

17. NUMBER OF DIVES

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

All our dives are guided at a ratio of one guide to five customers or better. Our normal schedule consists of the following but can change due to conditions, 3 dives a day plus 1-night dive when possible. There will be one check out dive on arrival day, 2 dives on the penultimate day of the cruise, and one dive on the check-out day dependent on location and logistics.

18. DIVING CONDITIONS

Our charters offer remote pristine diving, and the dive sites we explore each offer something a little different. The water temperature in Raja Ampat varies from 27-30°C/82-86°F and air temperature 25-32°C/78-89°F. In Komodo, on the other hand, water temperatures in the south can drop between 21-24°C/69-75°F at times, and the north remains warmer at 28- 29°C/82-84°F. During our Komodo season, the majority of the charter is spent in the north. These unique itineraries offer diving on healthy and vibrant reefs, seamounts, sheer walls, caves, beautiful coral gardens and magnificent critter dives. A 3mm wetsuit and hood are recommended, however, only you really know your own requirements. Many of our guides are happy in a rash guard, but if you know you get cold, please, bring a wetsuit. All diving is from tenders. For safety, all divers must have a reef hook, a 30m reel DSMB, and a dive computer.

19. DIVE GEAR RECOMMENDATIONS

We recommend that for the comfort you bring your own personal dive equipment, including exposure suit (wetsuit/ rash guard), mask, snorkel, regulators and gauges, BCD, dive computer, safety markers, torch, and fins. Dive equipment is available to rent if you require, please make Ayo Divers/Barefoot Conservation aware prior to departure on the booking form if you require rental.

a) Full equipment rental per trip:

• For a 7 day trip the price is $250. This includes BCD, Regulator set, Wetsuit, Computer, Fins & Boots and mask
• For a 10 day trip the price is $350. This includes BCD, Regulator set, Wetsuit, Computer, Fins & Boots and mask

b) Individual item equipment rental per day:

• BCD – $10
• Regulators – $12
• Wetsuit – $6
• Dive torch – $8
• Computer – $10
• Mask, Fins with Boots & Snorkel – $8
• Reef Hooks – Can be purchased on board

If any of the above-mentioned rental equipment is damaged beyond feasible repair or is lost, regardless of whether it is rented from or lent to the person using the equipment, they will be liable for the cost of replacement. Please note, prices for lost/damaged items include shipping and handling, are payable direct to Ayo Divers/Barefoot Conservation before the end of the charter, in cash. All equipment rental payments can be made after the final day of diving at the following cost to the individual.

c) Individual equipment replacement costs:

• BCD – $400
• Regulators inc gauges – $600
• Mask – $50
• Wetsuit – $250
• Fins – $150
• Dive Boots – $70
• Dive Computer – $400
• Dive Torch – $150
• Weights 1kg – $15
• Weights 1.5kg – $20

20. DECOMPRESSION DIVING

Please note that all diving undertaken whilst onboard Ratu Laut Liveaboard is No Decompression Diving. We do not allow any of our guests, regardless of certification level or experience to complete any decompression dives. This is for the safety of all guests and crew onboard. Disregarding these rules whilst onboard may result in being restricted from diving that day or removed from diving for the rest of the trip whilst on Ratu Laut Liveaboard.

21. CUSTOMER LIABILITY

Any intentional damage that occurs to any property belonging to Ayo Divers/Barefoot Conservation, is the whole responsibility of the person or persons, responsible for such damage. The cost of repair or replacement is dictated solely and reasonably by Ayo Divers/Barefoot Conservation. Any objections to the values, costs of repairs or replacement are exclusively contestable in an Indonesian court of law.

22. ALCOHOL CONSUMPTION ONBOARD

Whilst onboard Ratu Laut, alcohol is available to purchase and consume 24 hours per day. However, responsible consumption is the obligation of the individual. If a guest decides to consume an alcoholic beverage during any time of the day, whilst diving activities are still an option, that day will be considered a non-diving day for the rest of that day for that individual. If your guide decides that you are not fit to dive due to your alcohol consumption the night before, and you decide to contest this decision, it will be put towards the management, discussed, and a resolution will be resolved. This decision is final. Likewise, as a customer, if you are not satisfied with the condition of our staff, please make the management aware, and we will resolve the issue with as little issue and alteration as possible.

23. DRUGS

Please be aware that Indonesia is one of the strictest countries in South East Asia with regards to drug trafficking and possession. Offences such as drug trafficking have been known to result in the death penalty. The Indonesian authorities are ready to make an example of foreigners who possess and/or use illegal drugs in their jurisdiction. Ayo Divers/Barefoot Conservation operates a zero-tolerance policy towards banned narcotics onboard our Vessel. Anyone caught attempting to smuggle drugs on board Ratu Laut will be refused to board, and their trip cancelled without refund. People caught in possession or under the influence of narcotics during their time onboard will be handed over to the relevant authorities, no refund will be issued.

24. SMOKING

We understand smokers may participate during our trips, where we do allow smoking on some parts of the boat, please note that we have a strict no smoking policy inside any of the Cabins, this is due to health and safety of all guests and the boat. This includes Cigarettes and Vaping equipment.

If you are a smoker, there is a dedicated smoking area on the boat, and these will be pointed out during the briefing on the first day.

PLEASE NOTE: If you are caught smoking in any of the none smoking areas, there will be an instant fine of $1,000 that will be payable before you depart from your trip. This is non-negotiable.

25. ALTERNATIVE DROPOFF AND/OR PICKUP

If in any case a guest(s) require an alternative pickup or drop off from the predetermined destinations as stipulated in Ayo Divers/Barefoot Conservation Itineraries, all costs associated will remain solely the guest’s responsibility.

Ayo Divers/Barefoot Conservation will do our utmost to assist in outsourcing alternative modes of transport, where possible.

If a guest(s) wish to use Ratu Laut Speedboats to be taken and/or dropped off at there desired location, then a charge of $250p/h is applicable, with a maximum of one-hour rental. This is solely at the discretion of the Cruise Director and/or Ayo Divers/Barefoot Conservation operations team.