Terms and Conditions
THIS DOCUMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN ROSE POINT HOLDINGS, 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: Rose Point Holdings, Inc. D/B/A Caradonna Dive Adventures, Cayman Express, United Vacations, Delta Vacations 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 the 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 an 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 to all these conditions.
DOCUMENTATION: You must carry valid proof of citizenship and proper identification (current Passport Book). 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 www.caradonna.com/baggage 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, https://travel.state.gov/content/travel/en.html. For medical information, contact the Center for Disease Control, (404)332-4559, https://wwwnc.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 Washington 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, trimix, or other gasses 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.
280 Wekiva Springs Rd • Suite 1060 • Longwood, FL 32779
Phone 407-774-9000 • Fax 407-682-6000 USA/Can: 800-330-6611
E-mail: firstname.lastname@example.org • Web: www.caradonna.com
CSOT #2111993-40, WSOT #603254369, FSOT #38781