terms & conditions

· the agent

we act as a disclosed agent for third party suppliers, such as dive centres, liveaboard operators, dive operators, sailing operators, tour operators, hotels and resorts. our service is to select the operators according to our quality standards and put it all in one place for you and give you the best advice and recommendations for you find exactly the holidays that you desire. we do our best to verify and update this information as much as is practical. since we act as agents this means that we have no contractual liability to you in respect of the product. however we may still be liable to you if we have been negligent, if we have misrepresented important information or have been in breach of any other relevant law.

· contract

the contract for the product you purchase is between you and the operator. in most cases this will mean that there are additional terms and conditions governing the contract as each operator will have terms and conditions relating to that product. please make sure that you have read these terms and conditions before completing your transaction with us. you can request them from us.

when we place products on the site we are inviting you to make an offer for their purchase. you do not make this offer until you communicate clearly an intention to purchase (i.e. not a general enquiry). your offer is an offer to purchase the products from the operator for whom we are acting as agent. we are authorised by each of the operators to accept this offer on their behalf. after checking availability we send you a provisional booking confirmation and in doing so we are accepting your offer and requesting a payment. once the payment is received there is a binding contract between you and your supplier for the product.

please note that once the payment is received you can only cancel the product in accordance with our terms and conditions. it is your responsibility to ensure you are familiar with any cancellation charges relevant to your booking.

· payment

you can make a payment to our paypal account or to one of our european accounts we'll communicate to you when the payment is required. 50% of the total amount of your booking is to be paid as a deposit to hold the reservation. the full payment is to be made at least 60 days before your holiday commencement date.

· cancellation

please inform us of any changes to your booking at the soonest opportunity!

if you decide to cancel your reservation 90 days or more before your package commencement date then we will return your payment less the deposit and any bank charges incurred by us.

if you cancel your reservation any less than 90 days before your package commencement date then we retain the right to keep any payments in compensation for potential lost bookings.

· changes

please inform us of any changes to your booking at the soonest opportunity!

if you decide to change your booking after you have made your reservation we will do what we reasonably can to accommodate you but it may not always be possible. you should notify us as soon as possible of any changes as the sooner you do this the more likely it is that we can make the change.

· liability release and assumption of risk

the bluemood association can not be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during scuba diving or any other holiday activities, as a result of the inherent risks associated with scuba diving or as a result of acts or omissions of other third parties.

scuba diving requires a certification from a recognised diving agency such as PADI or CMAS. it is your responsibility that you are suitably qualified, and provide proof of such qualification upon request, to participate in any diving activities prior to you taking part. such activities include all diving activities other than padi open water diver or scuba diver course, or discover scuba diving activities that allow participants to take part without a license.

· unforeseen events

if departure of your cruise is not advisable - or may be dangerous to the life or health of the passengers or to the boat, due to conditions such as: bad weather, perils of the sea, acts of god, political incidents, force majeure - then the captain has the sole discretion to delay or cancel the cruise departure.

likewise, during the cruise - if bad weather or force majeure events occur that make it inadvisable for passengers to land, or for the boat to enter port - then the captain shall have the right to delay or postpone sailing until conditions allow, and make adjustments to the itinerary that may including cancellation of calls to ports, or the re-sequencing of island visits. for this reason we recommend appropriate cancellation insurance.

in accordance with the industry norm, cancelled cruises entitle you to a 100% refund of monies paid, less any bank charges incurred. shortened trips entitle you to a proportionate refund, delayed trips to a choice of refund or re-scheduled trip, and lengthened trips have no extra charge! re-sequencing of destinations is not considered satisfactory justification for a refund.

in the unlikely event of a cruise being cancelled due to insufficient reservations we will alert you to this as soon as we become aware of the danger. in these circumstances we will take all reasonable steps to ensure you receive an alternative and comparable cruise.

· miscellaneous terms

if there are any changes to the details supplied to us by you it is your responsibility to inform bluemood as soon as possible. in particular bluemood will not be responsible for problems arising from your failure to adhere to instructions in bluemood emails or correspondence (e.g. late changes to your transfer information, your failure to satisfy permit documentation requirements etc)

all fares are quoted inclusive of taxes unless otherwise stated. fares are subject to change without prior notice and are only guaranteed when following confirmation of the contract.

please note that the number of dives we list in any package is a best estimate based on normal circumstances, not a guarantee. circumstances may arise during your vacation (weather, illness, personal choice) where the total number of dives done is less than the number we estimate. there will be no partial refunds in these circumstances.

it is incumbent upon you to ensure that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit.

like other online sales agents our website will NOT stop you from making impossible bookings such as two different liveaboard trips at the same time or where you book diving on the same day as a later flight. it is your responsibility to ensure that you do not make such reservations.

we will do our best to correct errors and omissions as quickly as practicable after being notified of them. however there may be times when obvious errors occur. for example, very occasionally, this may result in a price, product or other detail displayed or presented on our website being incorrect. in this case we will do our best to correct the terms or revise them to mutual satisfaction, notwithstanding we reserve the right to cancel that contract, but this of course will be without any liability to you.

· copyright

the site and any content may not be modified, copied, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you without our express written permission, except if you wish to make copies of the website for your own personal and non-commercial use.

· corporate information

bluemood association - registration number W372001653 - 53bis rue margueron, 37000 tours, france