THIS DOCUMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN CARADONNA
DIVE ADVENTURES, INC., AND YOU, THE "CUSTOMER." AFTER READING THIS ENTIRE
CUSTOMER AGREEMENT (THE "AGREEMENT"), IN ORDER FOR YOUR DIVE TRAVEL PACKAGE
("VACATION PACKAGE" OR "TRIP") RESERVATION TO BE COMPLETED,
YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS FOUND IN THIS AGREEMENT
EITHER BY ACCEPTING THEM ONLINE OR BY SIGNING AND RETURNING YOUR CREDIT CARD AUTHORIZATION
FORM.
PARTIES TO THIS AGREEMENT: Caradonna Dive Adventures, Inc. (herein referred to as
"CDA," "TNT," "we," "our," or "us")
has arranged the Dive Travel Package described within this brochure. The traveler
(herein referred to as "Customer," "I," "you," or
"your") who has reserved a Dive Travel Package as described in this brochure/flier/website/invoice/
confirmation and who intends to participate in the Dive Travel Package so reserved
and by such participation and payment as provided for in this Customer Agreement
("Customer Agreement" or "Agreement") hereby agrees to be bound
by and subject to the terms and conditions of this Agreement.
BOOKING PROCEDURES: To make a booking you must send us either a signed, completed
Credit Card Authorization Form, or acknowledge acceptance of the Customer Agreement
in the manner provided for on our website, and a deposit of US$100.00 per person.
We will then invoice you for the remainder of the cost, which you must pay not later
than 45 days before departure. If you book less than 45 days before departure, full
payment must be made on booking by certified check or credit card. The booking is
not accepted and no contract exists until the date shown on the confirmation issued
by CDA. Bookings made over the telephone, by email, or by credit card more than
45 days before departure will not be deemed accepted until we have received either
a signed Credit Card Authorization Form or Customer Agreement in our office, or
in the case of an internet booking, you have acknowledged your acceptance of the
Customer Agreement, in the manner provide for on our website. If you do not pay
the balance of your Dive Travel Package cost within 45 days of departure, your booking
will be terminated and you will lose your deposit. A fee of US$25.00 will be added
to the Dive Travel Package price for the second and subsequent revisions. In addition,
a fee of US$25.00 per person will be charged should a new set of travel documents
be required because of any revision. Bookings made within 30 days or less prior
to departure will be subject to a US$25.00 non-refundable fee to cover administration
costs and express delivery of documents. We reserve the right to refuse a reservation
made by: (i) a person under the age of eighteen (18) without the written consent
of a parent or legal guardian first having been obtained, and (ii) a person not
certified by an internationally recognized SCUBA diving certification association,
acceptable to us. No charge will be made for the first revision to any booking.
CANCELLATION PROCEDURES: Notification of cancellation must be made to CDA in writing.
If you cancel your Dive Travel Package booking, the following cancellation charges
will be made: (i) Written notification of cancellation received at our offices between
60 and 45 days before departure, $50.00 per person; (ii) Written notification of
cancellation received at our offices between 45 and 30 days before departure: $150.00
per person; (iii) Written notification of cancellation received at our offices less
than 30 days before departure (or failure to join the Trip): 100% of the Dive Travel
Package cost; (iv) These fees are in addition to any vendor fee that may be assessed.
CDA STRONGLY ADVISES YOU TO PURCHASE TRAVEL/BAGGAGE AND TRAVEL CANCELLATION INSURANCE.
ACCURACY OF INFORMATION: The information contained in our brochure, pricing documentation
and on our website is correct to the best of our belief, but we accept no liability
for any inaccuracies contained therein. Any information or advice provided by us
on matters such as permits, visas, vaccinations, climate, clothing, baggage, special
equipment, etc. is given in good faith but without responsibility on our part, and
you accept responsibility for obtaining any necessary visas and travel documents
required for the Dive Travel Package.
MISCELLANEOUS: Any flights forming part of the Dive Travel Package arrangements
are subject to the conditions of the carrying airline, which in most cases limit
the airline’s liability to the passenger in accordance with international law and
conventions. Any likeness or image of you secured or taken during your participation
in a Trip may be used by us without charge in all media (whether now existing or
in the future invented) for promotional or marketing purposes, including without
limitation promotional materials of any kind, such as brochures, slides, video shows
and the internet. By accepting the Customer Agreement, you agree that, if necessary,
we may pass your contact details and numbers to any third party connected with the
operation of the specific Dive Travel Package which you have booked. This information
will not be used for any other purpose by the third party, nor will it be passed
to any other parties. Please note that international airlines are required by applicable
laws to give border control agencies access to passenger data. Accordingly any information
we hold about you and your travel arrangements may be disclosed to the customs and
immigration authorities of any country in your itinerary or to which you may be
diverted. This Customer Agreement may only be waived or amended by written mutual
consent. When you accept this Customer Agreement, you agree with all these conditions.
DOCUMENTATION: You must carry valid proof of citizenship and proper identification
(current Passport or certified copy of Birth Certificate and Driver’s License).
If you are traveling with children, some countries require specific travel permissions
from both birth parents. Since proof varies with each country, contact our office
about your specific destination. All persons on Dive Travel Packages must have a
current, valid scuba certification card issued by an internationally recognized
SCUBA diving certification association acceptable to CDA. Without proper identification,
a passport and necessary visas, you will not be permitted to depart. It is your
responsibility to verify your necessary travel documents.
RISKS AND WARNINGS: For information regarding possible dangers at international
destinations, contact the Travel Advisory Section of the US State Department, (202)
647-5225, http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For medical
information, contact the Center for Disease Control, (404)332-4559,
www.cdc.gov/travel.
ARBITRATION: You agree that any dispute concerning, relating or referring to this
Agreement, the brochure/flier/website/invoice or any other literature concerning
your Trip, the Trip itself or any claim for damages due to injury or death which
occurs during or in connection with the Trip shall be resolved exclusively by binding
arbitration according to the then existing rules of the American Arbitration Association
in an arbitration conducted in Atlanta, Georgia, U.S.A. Such proceedings will be
governed by substantive Delaware law. The dispute will be resolved by a single arbitrator
who must be a lawyer admitted to practice in the courts of at least one state in
the United States and have a minimum of fifteen years of experience in civil litigation.
The arbitrator so described will be selected by the American Arbitration Association.
Each party to the dispute shall have the right on a single occasion to veto the
designation of an arbitrator so selected. There will be judicial review of the arbitrator’s
decision if either side can show plain error in the application of law or be able
to show an abuse of discretion with respect to factual findings. The parties waive
the right to rely on any state law or statute which creates an exception to enforcement
of the requirement that disputes be resolved pursuant to arbitration in the manner
set forth herein.
WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING
OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS
THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY ACTIONS
AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
DELAWARE. WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION
IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION
DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF,
OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY
IN THE COURTS OF THE STATE OF FLORIDA, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION,
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, AND ALL OF THE
PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF
THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE
ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
SEVERABILITY: The invalidity or unenforceability of any part of this Agreement,
or the invalidity of its application to a specific situation or circumstance, shall
not affect the validity of the remainder of this Agreement, or its application to
other situations or circumstances. Any provision of this Agreement held invalid
or unenforceable only in part or degree will remain in full force and effect to
the extent not held invalid or unenforceable.
WAIVER: Any failure by either party at any time, or from time to time, to enforce
or to require the strict keeping and performance of any of the terms or conditions
of this Agreement shall not constitute a waiver of any such terms or conditions
and shall not affect or impair such terms and conditions in any way or the right
of such party at any time to avail itself of such remedies as it has for the breach
or breaches of such terms and conditions.
EXCLUSIVITY: Except as otherwise expressly provided to the contrary, the rights
herein granted and this Agreement are for the benefit of the parties hereto. The
terms and conditions of this Agreement shall be exclusive of any advertising, marketing
or other sales literature or activities of CDA and nothing contained in any of such
materials shall be construed to create any rights as a result of or in connection
with this Agreement.
RESPONSIBILITY: YOU UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN
THIS TRIP ARE MADE ON YOUR BEHALF UPON THE EXPRESS CONDITION THAT NEITHER CDA NOR
ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES AGENTS, CONTRACTORS OR SUBCONTRACTORS
SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT
OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE
CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING
EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES
FOR YOUR TRIP. YOU FURTHER UNDERSTAND THAT CDA NEITHER OWNS NOR OPERATES SUCH THIRD
PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST
THOSE SUPPLIERS AND NOT HOLD CDA RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT
LIMITATION, CDA IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACTS OF OTHERS OR
FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN, OR FAILURE OF
DIVING OR MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS,
ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL
ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY
OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL
OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS,
ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM SWIMMING OR SCUBA DIVING OR FOR
ANY OTHER REASON BEYOND THE CONTROL OF CDA, AND YOU UNDERSTAND, AGREE WITH, AND
AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET
FORTH HEREIN.
ACKNOWLEDGMENT OF RISK: I understand and acknowledge that my travel in connection
with and participation in the Dive Travel Package arranged at my request by CDA
may involve risk and potential exposure to injury and possibly death. I specifically
acknowledge and recognize the potential for injury and death which can result from
swimming or SCUBA diving, including the malfunction of dive equipment, the natural
environment, animal or sea life, currents and other changing conditions, decompression
sickness, embolism or other hyperbaric injuries. I realize and acknowledge that
diving with compressed air, Nitrox, tri-mix, or other gases involves certain risks
and requires specific training. I certify that I have been properly trained for
the breathing mixture(s) I will use and understand the risks involved. I also realize
and acknowledge that risk and dangers may be caused by the negligence of the owner,
directors, employees, contractors, subcontractors, officers or agents of CDA or
the negligence or participation of other participants, contractors and/or subcontractors
to CDA. I also recognize and acknowledge that risk and dangers may arise from foreseeable
and unforeseeable causes, including weather and other acts of nature. I fully understand
and acknowledge that the aforementioned risks, dangers and hazards are a potential
in connection with recreational activities which may take place during my Trip.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk
of the travels and related activities in which I am intending to engage, I confirm
that I am physically and mentally capable of participating in the activity and that
I alone am responsible for my own activities while engaged in SCUBA diving. I am
willingly and knowingly electing to participate in this Dive Travel Package in spite
of the potential risk of danger and I willingly and voluntarily assume full responsibility
for any injury, loss or damage suffered by me or caused by me, whether caused in
whole or in part by the negligence of the owner, directors, agents, officers, employees,
contractors or subcontractors of CDA.
RELEASE OF LIABILITY: In consideration of the services and arrangements provided
by CDA, I, for myself and for my heirs, personal representatives or assigns, do
hereby release, waive, discharge, hold harmless and agree to indemnify CDA, and
its owner, officers, directors, agents, contractors, subcontractors and employees
from any and all claims, actions, or losses for bodily injury, property damage,
wrongful death, loss of services, lost profits, consequential, exemplary, indirect
or punitive damages or otherwise which may arise out of or occur during my travel
in connection with the scheduled Dive Travel Package and any activities conducted
in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING
AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR
THE NEGLIGENT ACTS OR CONDUCT OF THE OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS OR SUBCONTRACTORS OF CDA.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES:
Regardless of the situation or circumstances giving rise to a claim, I waive any
right to seek consequential, punitive or exemplary damages against CDA its owner,
officers, directors, agents, contractors, subcontractors and employees, for any
reason whatsoever.
CARADONNA DIVE ADVENTURES
2101 West State Road 434 • Suite 221 • Longwood, FL 32779
Phone 407-774-9000 • Fax 407-682-6000 USA/Can: 800-328-2288
E-mail: sales@caradonna.com •
Web: www.caradonna.com
FST-36173 • CST-2063948-40