Terms of Use

This is an agreement between, Octopus Dive Indonesia, the operator of octopusdiveindonesia.com (that includes the Octopus Dive Indonesia software, any services provided by Octopus Dive Indonesia or a Service Provider represented on octopusdiveindonesia.com), and you, a user of the Site, Software, and Services provided by Octopus Dive Indonesia.

Throughout this agreement referred as “the Agreement”, the following words refer to:

“Octopus Dive Indonesia,” “us,” “we,” and “our,” refer to our company: Octopus Dive Indonesia and our Site, Software, or any Services, as is appropriate in the context of the use of the words.

The “Service Provider” refers to the service provider of most Services, our dive center, Octopus Dive Indonesia.

The “External Service Provider” refers only to a service provider other than Octopus Dive Indonesia.

The “Representatives” refers to affiliated companies, directors, employees, agents, or contractors related to Octopus Dive Indonesia.

The “All Service Providers” refers to Octopus Dive Indonesia and its Representatives.

The “Service(s)” refers to any services provided by Octopus Dive Indonesia or a Service Provider represented on octopusdiveindonesia.com using an External Service Provider. Including dives or diving packages, courses, snorkeling trip, and equipment rental.

The “Service Provider Terms” refers to the fees, costs, charges and taxes, and any cancellation or no-show charges applicable by Octopus Dive Indonesia and its Representatives.

The “Service Provider Information” refers to all information provided by the Service Provider (internal or external).

The “Site” refers to octopusdiveindonesia.com

The “Software” refers to the Octopus Dive Indonesia software, created for our site by Smartek.

The “Online Booking System” refers to the online booking system present on the Site.

The “Booking” refers to the process made by a costumer that allows to browse, compare and book a dive trip and other services directly with Octopus Dive Indonesia and its Representatives.

“You”, “your”, “user(s)” or “Customer” refer to a user of the Site, Software or Services provided by Octopus Dive Indonesia and its Representatives.

www.octopusdivepenida.com site is managed by Octopus Dive Indonesia. By accessing and/or use of the Site, you acknowledge that you have read and understood, and agree to the Terms of Use set out below and other terms and conditions in relation to the Site, including but not limited to confidentiality and FAQS, which form an integral part of these Terms of Use. You must be at least eighteen (18) years old to use the Site.

Please note that we may change, modify, add and delete these Terms at any time without prior notice. The Terms must be read periodically. By continuing to use this Site after such changes to these Terms, visitors, users or Registered Users agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services.

1. SCOPE OF OUR SERVICE
   1. Octopus Dive Indonesia has developed the Site and an online booking system which enable individuals to browse, book dive trips and other services directly with the dive center, including dives or diving packages, courses, snorkeling trip, and equipment rental.
   2. Octopus Dive Indonesia does not charge you for the use of Site or Online Booking System.
   3. Information displayed on the Site is based on information provided by All Service Providers, Octopus Dive Indonesia will ensure that the Service Provider Information is accurate, up to date, and not in any way misleading. However, Octopus Dive Indonesia does not guarantee that the information is reliable, accurate, complete, or free from errors.
   4. Octopus Dive Indonesia does not endorse any of the External Service Providers and makes no representations with respect to the affordability, quality, safety, or suitability of the External Service Providers, or their ability to deliver the Services.
   5. We have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transaction. We can at any time delete or remove (“Removed”) membership of the user of this Site, either temporarily or permanently. Removed Users are prohibited to attempt using the Site in any other name or through other users.
   6. The users may have the chance to reschedule the booking one (1) time after payment.
   7. Unless otherwise indicated in the Service Provider Terms, all rates and prices listed through the Online Booking System include the cost of the base service, excluding surcharges, taxes and levies. Mandatory surcharges, taxes and levies, if applicable, are indicated through the Online Booking System and in particular during the checkout process.
   8. Services displayed on the Site are available for booking and subject to confirmation within 48 hours upon completing the booking through the Online Booking System:
      • For Services quantified in days, the Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
      • For Services expressed in units other than days, the Service Provider reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Service Provider has limited availability during the date range specified in the booking, the Service Provider agrees to notify you immediately on the availability of those specific dates within the date range so that you may plan accordingly or make alternative arrangements.
2. PAYMENTS
   1. All fees, costs, charges, and taxes with respect to Services are payable to Octopus Dive Indonesia in the Indonesian currency (IDR = Rupiah) indicated in the booking confirmation. Once a user makes a booking using the Online Booking System, Octopus Dive Indonesia will pre-authorize the user’s credit card. The user’s credit card will be charged within 24 hours after the confirmation from the Service Provider has been obtained.
3. CANCELLATIONS AND REFUNDS
   1. By making a booking through the Site, you accept and agree to the terms and conditions including policies regarding cancellation and/or absence, or your specific requests which may be given to us.
   2. All communications relating to these terms and conditions (in particular any requests to cancel or amend your booking) must be from the User of each reservation. In absence of communication or your absence the day you booked our Services, the Octopus Dive Indonesia reserves the right to charge you the full fee from the booking you have made.
   3. Regarding refunds, Octopus Dive Indonesia may be able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.
   4. The user can cancel the booking at any time before the final confirmation is done. Octopus Dive Indonesia will work with you to refund amounts already paid by you, reduced by the cost incurred by Octopus Dive Indonesia, e.g. inter-bank transfer fees. Refunds may not be immediate depending on your initial method of payment. You can contact our customer service for further details on the estimated duration for receiving your refund and we will assist you as best we can.
   5. The details of our refund policy:
      • 30 days before the booking date, you will receive 75% of the amount you have paid.
      • 14 days before the booking date, you will receive 50% of the amount you have paid.
      • 7 days before the booking date, you will receive 25 % of the amount you have paid.
      • 3 days before the booking date, you will be charged fully fee as the booking you have made.
4. SPECIAL CIRCUMSTANCES
   1. Octopus Dive Indonesia reserves the right to cancel or may suggest to provide Services at an alternative date in the event that weather conditions make it unsafe to provide Services at a date specified in the booking confirmation. Octopus Dive Indonesia and its diving instructors have the right to change the dive site and or cancel the diving activity prior to the dive, during the dive, and surface interval, considered the dive site is not safe for such activity with its group due to bad weather and sea condition, without prior notice. If the Service Provider is permanently unable to deliver the Services as a result of force majeure; volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, or riots, the Service Provider will use commercially reasonable efforts to inform the Customer without delay and will refund to the Customer without deduction any amounts received in payment for the Services. The scope of costs to be paid or reimbursed to the Service Provider Customer by the Service Provider is limited to costs directly related to providing Services. In accordance with the booking made through the Online Booking System, including dives, diving and snorkeling packages, courses, and equipment rental. Service Provider is not to be held responsible for costs such as airfare, or any other costs that are not directly related to providing Services.
5. RESPONSIBILITY
   1. By booking Services through the Online Booking System, you agree that you reviewed the standards and requirements of the Service Provider. Including but not limited to: minimum diving experience and certification requirements, diving insurance requirements, personal information that the Service Provider requires you to provide, and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with the requirements. We encourage you to enquire the Service Provider about requirements prior to making a booking. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fee may apply.
6. PROMOTIONS

   Octopus Dive Indonesia may issue promotion codes applicable to qualifying Services. Instructions on how to redeem promotional codes may vary and will be set out in applicable terms. Octopus Dive Indonesia reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to services booked through any of Octopus Dive Indonesia’s Sites. The discount may be provided directly by Service Provider or you will be compensated by Octopus Dive Indonesia for the amount of discount if the Service Provider charges the full price at the time of payment for Services.

7. DISCLAIMER

   Octopus Dive Indonesia makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Site, the Online Booking System, the Service Provider Information, the Service Provider Terms, the Services, or otherwise. In no event will Octopus Dive Indonesia or the Representatives, that includes its affiliated companies, directors, employees, agents, or contractors be liable for any cost, loss, damage, or injury whatsoever including but not limited to personal injury, death, sickness, loss, damage, additional expense or inconvenience, directly or indirectly caused by or arising out of the use or condition of performing diving activity, using diving equipment, punitive damages, direct or indirect damages, and consequential damages. Including, without limiting the generality of the foregoing, cost, loss, damage, or injury related to:

   • viruses or harmful components in software on the Site, interruption, delay or inability to use the Site or the Online Booking System, and damage to computer equipment or other property;
   • implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
   • inaccurate, incomplete, unreliable, or misleading Service Provider Information; or
   • Any act or omission of the Service Provider or its directors, officers, agents, employees, or contractors including, but not limited, to any and all claims related to the Booking or the Service Provider Services.
8. PERSONAL USE ONLY

   You agree that you will not use the Site or the Online Booking System for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or hotlink any information, content, services, products, images or software on the Site without written consent from Octopus Dive Indonesia. You will not make any speculative, false, or fraudulent booking using the Online Booking System or attempt to advertise any services through posting comments or reviews.

9. INTELLECTUAL PROPERTY

   Octopus Dive Indonesia is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Site and the Online Booking System. By posting reviews or comments, you grant Octopus Dive Indonesia a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future customers. You agree that Octopus Dive Indonesia may decide to remove your reviews or comments from the Site at its discretion, such as in the event that it deems your reviews or comments to be offensive.

10. TERMINATION

    Octopus Dive Indonesia reserves the right to immediately terminate this Contract in the event the guest breaches one or more of the Terms and/or Conditions herein.