Terms & Conditions

BOOKING PROCEDURE:

Except where otherwise stated, a deposit is due within 7 days of booking. This deposit is subject to forfeiture in the event of cancellation. A completed and signed booking form is due at this time. Final payment is due 60 days prior to the client’s scheduled departure date.

Late payment is subject to a late fee. If booking forms complete with passport details are not received by the final payment due date, a $30 fee will be charged. Please ensure that all names are spelled correctly as per passport.

Reservations made within 60 days of departure must be paid in full at the time the reservation is made. Booking procedures may be different for each operator or airline. If payment requirements differ from those outlined above, the client must adhere to the relevant operator’s payment schedule.

GROUP BOOKING payment procedures are different from the above. Please inquire with your agent. When clients are booked by one group leader, all correspondence will be sent to the group leader, not to each individual client. Late payment by any member of a group will delay the issue of documents for all members of that group.

RATES: All prices are quoted as “Cash/Check Prices.” Payment by Visa or MasterCard will be subject to a 3% processing fee per transaction.

CHANGE IN PRICES AND ITINERARIES: Aqua-Trek’s tour costs are based on airfares, exchange rates, and land costs current at the time of printing. Aqua-Trek reserves the right to amend such prices prior to the departure of any trips should there be any fluctuations in currency, increases taxes, increases in fuel costs, airfares, ground operator services or variation of group size. Unused services cannot be refunded or exchanged.

AIR TRANSPORTATION: If for any reason beyond the control of Aqua-Trek, scheduled flights or airfares are changed, any increase in airfare will be collected from tour members.

AMENDMENTS TO INDIVIDUAL ITINERARIES will be made on notification from client if possible within the rules and conditions of the carriers and land operators. Due to administrative costs, a charge may be assessed.

CANCELLATIONS: Any cancellation made by a client must be received in writing. Except where otherwise stated, the following cancellation fees apply:

The complete deposit will be forfeited for cancellations received up to 61 days prior to the client’s departure. Full trip payment will be due and forfeited for cancellations received 60 days or less prior to the clients booked departure date, or for “No Shows.” Cancellation penalties may be different for each operator or airline. If cancellation penalties exceed those outlined above, the client must pay the required penalties.

GROUP BOOKING AND CANCELLATION procedures are different from the above. Please inquire with your agent. Refunds are not available for any tours, accommodation, or any other travel service not utilized

INSURANCE: It is strongly recommended that clients protect themselves and their property with travel insurance, taken out at time of booking. Baggage is carried entirely at the client’s risk; Aqua-Trek assumes no liability whatsoever for damage, loss or delay of property beyond our control. Refunds are not given due to late arrival, premature departure, or otherwise unused services, including those related to weather or aircraft timetable and delays.

INTERNATIONAL TRAVEL DOCUMENTS: Travelers to international destinations will require a valid passport and in some cases a travel visa. For Fiji, U.S. citizens require a passport valid for no less than 6 months beyond your travel dates. Passport and Visa requirements vary for each country and involve consideration of the length of stay in the country. Please refer to http://travel.state.gov/ for requirements for U.S. Citizens.

HEALTH REQUIREMENTS: Please check with your physician for information on health requirements for the country to which you are traveling or refer to government health departments.

DELAYS AND INCONVENIENCE: Should a trip be delayed or itinerary revised due to inclement weather, political upheaval or other reasons which AQUATREK cannot reasonably make provision or be held accountable, no claim for the cost of such delays and inconvenience may be made upon AQUA-TREK, its agents or representatives. No refunds are made after commencement of any itinerary departure. No refunds or exchanges are applicable if inclement weather or other unforeseen circumstance prevents diving and snorkeling. The client must be aware that the destinations offered may involve politically unstable governments, and hence AQUA-TREK reserves the right to amend any itinerary to a reasonable extent if it is deemed desirable in the interests of the clients and AQUA-TREK.

ADVENTURE ACTIVITIES: AQUA-TREK, its servants, agents and employees do not assume any responsibility or liability for the safety of any individual participating in any activities offered by way of the tour itinerary. Clients on all tours must be aware that the on-site operator has sole responsibility for any activities and has the right to refuse to any individual without recompense for reasons of health including instability, or suspect or real intoxication or the results thereof, or for any suspect or real inability or incompetence. Individuals participating in any activity should be medically fit to participate.

LIABILITY AND RESPONSIBILITY: Any Diver whose signature/agreement appears on this booking form certifies that he is physically and mentally fit to engage in scuba diving or any other physical activity that he/she has booked, and that he has had sufficient training and experience to do so, and that he fully understands the risks involved and is prepared to assume such risks as are understood for the sport. It is understood by the signing of/agreement to these booking conditions that the applicant and those for which the applicant signs, releases and absolves AQUATREK and/or employees, agents and associates thereof from any and all liability for property loss, or damage and/or from any and all damages resulting from death or personal injury, including loss of services which the applicant may sustain on account of, arising out of, or in conjunction with any tour arrangements made by Aqua-Trek. It is further understood that prevailing weather conditions may cause modifications of the program itinerary and the relevant operator resumes the right to modify and/or cancel arrangements due to unfavorable weather conditions, or whatever reasonable cause. The applicant further agrees to observe strictly and comply with such reasonable terms and regulations as required by the on-site tour operator with relevance to the conducting of the tour. It is also understood that any descriptions of tours, usual tour conditions, and relevant skill levels provided by AQUA-TREK, its employees and agents, whether verbal or written, are a guide only, and that the applicant releases and absolves AQUA-TREK, its employees and agents of any misunderstanding, or any liability resulting from such information. Aqua-Trek LLC, herein referred to as Aqua-Trek, acts only as agent for the transportation companies, hotel operators, dive tours operators, and other principals or contractors, and all tickets, vouchers and documents are issued subject to the terms, tariffs, and conditions of such principals or contractors. Aqua-Trek accepts no responsibility for any default and/or omission and/or other acts of the principals or contractors associated with any Aqua-Trek organized or promoted tour. The passage contract in use by airlines shall constitute the sole contract between the airline and passenger. Aqua-Trek shall not be liable or responsible for death of or injury to any person, or loss of or damage to any property or otherwise (including baggage) whether due to its servants, agents or employees negligence, or otherwise arising out of or incidental to the tour through Acts of God, dangers incidental to travel, the participation of itinerary and other activities (including scuba diving and snorkeling), acts of government or other authorities, civil disturbances, wars, strikes, riots, thefts, health situations, customs regulations, delays, cancellations of or changes in itinerary schedules, overbooking or defaults, or from any causes beyond the control of Aqua-Trek. Aqua-Trek shall not be liable for any loss, damage or inconvenience resulting from improper or insufficient passports, visas or other documents. Aqua-Trek shall not be liable or responsible for any additional expense or liability sustained or incurred by the client as a result of any of the foregoing clauses. Aqua-Trek reserves the right to cancel any tour and/or modify the itineraries in any way it believes desirable and further reserves the right to decline to accept any person on any tour and may substitute land arrangements and dive operators where necessary. All prices quoted by Aqua- Trek shall be subject to change without notice. The issuance and acceptance of receipts, tickets, vouchers, coupons, or travel orders and documentation shall be deemed consent to the above conditions.

RELEASE AND ASSUMPTION OF RISK: In consideration of, and as part payment for, the right to participate in such trips or other activities and the services and/or meals arranged for me by Aqua-Trek, their agents and associates, I have and do hereby assume all the above risks and will hold them harmless from any and all liability, action, causes of action, debts, claims and demands of every kind and nature whatsoever which I now have or which may arise of or in connection with my trip or participation in any other activities arranged for me by Aqua-Trek and their agents and associates. The terms hereof shall serve as a release and assumption of risk from my heirs, executors and administrators, and for all members of my family, including any minors accompanying me.

I have read and agree to the conditions, especially noting the policy on cancellations and refunds on this sheet. I am aware that should I choose not to purchase insurance coverage as put forth under “insurance” above, I will be liable for all costs in the case of cancellation, trip delays, damage or loss of baggage and medical emergencies, howsoever caused. I have also completed the form honestly in all details where required. I confirm that l am authorized to sign this booking form and accept its applicable conditions for all persons whose names appear on the form.

ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or the making, performance or interpretation thereof, shall be settled by binding arbitration in San Francisco, CA, in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of controversy.