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 SUBMITTING A PAYMENT.
PARTIES TO
THIS AGREEMENT: Caradonna Dive Adventures, Inc. D/B/A Caradonna Worldwide Dive
Adventures, Cayman Express, United Vacations, Delta Vacations, PADI Travel
Network or any other Trade/Business Name (herein referred to as "CDA," "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 acknowledge
acceptance of the Customer Agreement in the manner provided for on our website
and pay a deposit of US $200.00 per person or more as required by supplier. We
will then invoice you for the remainder of the cost, which you must pay no later
than 60 days before departure. If you book less than 60 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 60 days before departure will not be deemed accepted until
we have received your acceptance of the Customer Agreement in the manner
provided for on our website or a payment which constitutes agreement to the
terms and conditions. If you do not pay the balance of your Dive Travel Package
cost within 60 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,
$100.00 per person; (ii) Written notification of cancellation received at our
offices between 45 and 30 days before departure: $200.00 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,
(up to 100%).
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).
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.
BAGGAGE: Airline baggage fees are additional and
collected by the carrier upon check in for your flights. Please see http://www.caradonna.com/baggage.aspx for
the latest baggage charges.
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 Redmond, WA, 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 WASHINGTON, 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 WASHINGTON, 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.
CONFLICT: In the event of any inconsistency or conflict between the
terms of this document and any terms or conditions otherwise applicable to the
trip, the terms of this document shall prevail.
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 WORLDWIDE DIVE ADVENTURES
280 Wekiva Springs Rd
• Suite 1060 • Longwood, FL 32779
Phone 407-774-9000 • Fax 407-682-6000
USA/Can: 800-330-6611
E-mail: sales@caradonna.com • Web: www.caradonna.com
FST-36173 •
CST-2063948-40