General terms and conditions

CRUISE CONTRACT

formed between Sea World Divers Ltd. (address: Saket Elwaily Street, Emarat Mayo, Emara 7, Near Elgamaa El Omalya, Madint Nasr Cairo, Egypt), as Travel Enterprise and the contracting party and

Name:

___________________________

Address:

_______________________________________________________

E-mail address:

_______________________________________________________

Tel.:

____________________

 

as the Traveller.

 

from herein together as the Parties and under the following terms.

I. EXISTENCE OF THE CONTRACT

  1. The present Contract comes into existence when Passenger/TO sends his/her request to Owner via electronic mail for the full vessel or for places onboard the vessel M/Y Andromeda along with the desired travel dates, and after confirming the vessel’s availability, Owner sends a confirmation notice via electronic mail along with the Tour Price (price for the boat, fuel surcharge, Saudi taxes, permissions, port fees, and group transfers), both Parties sign the Contract herein, and Passenger/TO pays Owner the deposit amount for the booked places.
  2. Passenger/TO shall be aware of and accepts his/her responsibility by civil law towards all travellers he/she hereby represents, and shall inform all travellers of the obligations of Passenger/TO outlined in the present Contract.
  3. Owner is the service provider, and transfers and invoices the single-component service ordered to Passenger/TO and/or to the passengers represented by him/her in its original form.

II. BOOKING DETAILS

  1. Passenger/TO shall book _ place(s) onboard the vessel M/Y Andromeda for the period of Month Day, 2024 – Month Day, 2024 on the Saudi Arabia-Farasan Banks tour.
  2. Passenger/TO shall pay Owner a deposit of 30% of the Total Tour Price at the time of booking confirmation. The final payment of 70% shall be paid no later than 45 days before the start of the trip.
  3. About pricing:
    • The price includes
      • 7 nights full-board accommodations onboard in double cabins
      • Buffet-style meals 3 times a day, fruits and snacks
      • Soft drinks, fruit juice, mineral water, tea, coffee (Nescafe)
      • Diving
        • 1st diving day: 2 day dives and 1 night dive
        • 2nd - last diving day: 3 day dives and 1 night dive per day
        • Last diving day: 2 day dives (returning to the marina after the second dive)
        • (Number and order of dives, and dive site locations may change depending on weather conditions. This is always the captain’s decision.)
      • English-speaking dive guide services
      • One 12l aluminum tank / person (DIN connection recommended), weights
      • Bed linens and towel use
      • Free WiFi where coverage is available
    • The price does not include:
      • Flights
      • Saudi visa
      • Hotel accommodations
      • 15% VAT
      • Saudi taxes, permissions, port fees, group transfers between Jeddah airport and the boat in Al Lith: EUR250/person/week
      • Fuel surcharge: EUR150/person/week
      • Transfers other than group transfers between Jeddah airport and the boat in Al Lith
      • Single-cabin surcharge: 70% of the individual boat rate (limited availability, first come-first serve basis)
      • Upper (sea view) cabin surcharge: EUR100/person/week (limited availability, first come-first serve basis)
      • 15l steel tank rental: EUR40/tank/week prepaid, EUR55/tank/week on site (upon request, limited supply)
      • Equipment rental (upon request, limited supply)
      • Nitrox: EUR70/person/week prepaid, EUR90/person/week on site
      • Satellite phone use: EUR5/minute
      • Personal expenses
      • Bakshish (tip to the guides and crew, EUR60-70/traveller/week recommended)
      • Beach towels
      • Touristic programs
      • Travel, diving, and trip cancellation insurance
      • All other items not listed above
  4. Rates apply only to M/Y Andromeda
  5. The Saudi taxes, permissions, and port fees are subject to change at the discretion of the Saudi Government. The Saudi taxes, permissions, and port fees are payable in full in advance on the invoice.

III. PAYMENT TERMS

  1. A deposit of 30% of the Tour Price is payable at the time of booking confirmation via bank transfer to Owner’s bank account, and is due within 7 working days of the issuance of the invoice.
  2. Owner’s bank account information:
    Bank account holder:
    Sea World Divers Ltd.
    Bank account holder’s address:
    302 El Geish Street, Suez, Egypt
    Bank:
    Arab African International Bank
    Bank’s address:
    5 Midan Al Saray Al Koubra, Garden City, Egypt
    Bank account number / IBAN (EUR):
    EG210057023401009462410010301
    SWIFT:
    ARAIEGCXXXX
  3. The balance payment is due no later than 45 days before the start date of the tour.
  4. Owner shall issue an invoice with the tour details and Passenger/TO shall make his/her payment via bank transfer to Owner’s bank account. Owner shall send a notification to Passenger/TO upon receiving the payment.
  5. All due amounts for the booking shall be paid as per Section III/1 and III/2. Bookings where the due amounts are not paid by the payment due date shall be deemed cancelled, and the appropriate cancellation terms shall apply.
  6. The boat rate, fuel surcharge, Saudi taxes, permissions, port fees, transfer fees, and Nitrox package and/or 15l tank rental fees (if requested in advance) shall be paid in advance in full.
  7. Supplemental charges above the regular rates may be applied in case of unexpected occurrences including, but not limited to, increases in fuel/diesel prices. In view of the unstable economic situation in Egypt, provided that the increase in the prices of gasoline and/or diesel exceeds 20% of the rates in effect at the time of the date of the present Contract, Owner shall have the right to amend the boat rates accordingly.

IV. CANCELLATION TERMS

  1. Passenger/TO shall make tour participation cancellation via electronic mail. The cancellation notice is deemed received on the date it appears on Owner’s server. Confirmed bookings (where the deposit and/or all due amounts have been paid and the Contract has been signed by both Parties) that are cancelled by Passenger/TO prior to departure are subject to cancellation charges. If cancellation is made:
    • Within 30 days from sailing date, at the start of the tour, during the tour (for whatever reason), or in case of “no show”, 100% of the total Tour Price;
    • Within 31 to 60 days from sailing date, 75% of the total Tour Price;
    • 61 or more days before sailing date, 30% of the total Tour Price.
  2. Cancellation terms shall apply regardless of the nature of or the reason behind the cancellation (such as but not limited to flight cancellations, flight date and/or time changes, flight delays, missed flights, missed flights due to failing to adhere to countries’ immigration and/or health requirements/regulations, health issues, death, etc.). Owner shall not be liable for providing any refund and/or compensation except as listed in Section IV/1.
  3. Owner may deviate from sailing schedule, port, tour itinerary, or cancel any scheduled departures, and shall not be liable for any refund and/or compensation in such cases, including but not limited to:
    • Before the commencement of the tour if it feels weather conditions close to or at the scheduled sailing time are dangerous or unfavourable.
    • During the tour if the captain feels the safety of passengers, crew, and/or boat may be jeopardised otherwise.
    • Due to mechanical problems and/or failure of the vessel, damage to the vessel, or if the vessel sinks or runs aground.
    • Due to medical emergencies onboard.
    • At the request or order of any authority and/or regulatory power.
    • In any event of force majeure.
    • Any other reason that would make the performance of the tour impossible.
  4. In case M/Y Andromeda is not available during the rental period, Owner shall arrange a vessel of the same quality for the fulfilment of the tour given sufficient availability. In this case Owner shall not be liable to provide any refunds and/or compensation.

V. BOOKING PROCESS

  1. Upon confirming availability for the requested dates, Owner shall reserve the requested number of places on the specified tour optionally for 7 days.
  2. Once the optional reservation expires, Owner shall inform Passenger/TO who may either cancel the reservation or confirm the booking. Options that are not confirmed by the confirmation date, are automatically deleted from Owner’s booking system.
  3. Upon confirmation, Owner shall issue Passenger/TO the invoice, the contract to sign, and all additional documents with regard to the tour.
  4. Booking shall be confirmed when the 30% deposit payment is received in Owner’s bank account. In case the payment is not received by the payment due date, the reservation shall be automatically cancelled.
  5. Passenger/TO shall provide to Owner the following passenger information in electronic format:
    • Full name(s) (as they appear in the passport) at the time of booking.
    • Passport copy(ies) of full page with photo, no later than 4 weeks before departure.
    • Diving insurance information (insurance company name and policy number) no later than 2 weeks before departure.
  6. Owner shall not be responsible for delayed tour departure, for Passenger failing to travel due to visas not being issued as a result of late passport copy submission, or for any expenses Passenger may incur as a result of late document/information submission.

    In the event Passenger is unable to travel due to any reason (including, but not limited to, failing to adhere to immigration laws such as attempting to travel with a passport expiring within 6 months of the arrival date in Saudi Arabia, or failing to provide to Owner Passenger personal data in time that is necessary for the performance of the present Contract), or arrives after the vessel has already sailed out, and is unable to take part in the tour, Owner shall not refund the tour price, in whole or in part, nor shall it be responsible for any expenses, or for the compensation of any expenses Passenger may incur as a result of not being able to take part in the tour.

VI. Travel Documents

  1. Passenger is solely responsible to have all necessary travel documents in his/her possession, and that they are valid for the duration of the tour. For entry into Saudi Arabia, passports must be valid for at least 6 months after the arrival date into the country.
  2. Passenger is further responsible to obtain all travel documents necessary in transit countries, to have all necessary vaccinations if necessary, and to adhere to all governmental laws and regulations. Owner shall not be liable to provide any refunds for missed flights, delayed arrivals, refusals to entry, or any other circumstances preventing Passenger from joining the tour.
  3. Passport copies (full page with photo) shall be required for boat permissions.

VII. TRAVEL / EMBARKATION / DISEMBARKATION

  1. Tours depart from Al Lith, Saudi Arabia. Embarkation/disembarkation is on days according to Owner’s published schedule. Group transfers are provided between Jeddah airport and the boat in Al Lith.
  2. Owner shall not be responsible for Passenger failing to board by sailing time, and furthermore shall not be liable for any compensation for any costs Passenger may incur as a result thereof.
  3. Departures are confirmed with minimum 14 paying guests (except in the events of force majeure, and not applicable in case of full charters).
  4. In case of any changes in Passenger’s flight schedule, Passenger/TO shall inform Owner of the changes immediately by electronic mail (at the info@cassiopeiasafari.com e-mail address). Owner shall not be responsible to provide any refund and/or compensation to Passenger for delayed transfer services and/or missed flights in case notification of flight schedule changes is not received within 12 hours of scheduled arrival and/or departure

VIII. SAUDI VISA

The Saudi tourist visa may be obtained online on the www.visa.visitsaudi.com or www.visa.mofa.gov.sa Web sites, or at the Saudi airport upon arrival for nationals of countries listed on the www.visa.visitsaudi.com Web site.

IX. QUALIFICATIONS AND DIVING / HEALTH / TRAVEL / FLIGHT INSURANCE

  1. Valid diving certificates, minimum 50 logged dives, minimum AOWD certification, valid Nitrox certificate for those diving with Nitrox, and valid diving/health/travel insurance is mandatory for being able to participate in the tours. Passenger shall be sufficiently covered by comprehensive diving insurance that includes hyperbaric chamber coverage. For non-diving passengers valid health/travel insurance is mandatory. Diving certificates and insurance documents shall be presented to the dive guides onboard.

    Certain depths, types of dives (i.e. wreck diving, deep dives, drift dives) may be limited to divers without sufficient experience and/or skills. All divers must dive within the limits of their diving certifications.

    Owner shall not be responsible for:

    • Any accidents and/or injuries incurred by Passenger without valid and appropriate insurance coverage on or off the vessel, or while in the water;
    • Any medical treatments, including hyperbaric chamber treatment, hospitalisation, repatriation, additional transfer services, flight modifications, medical costs;
    • Or any other expenses arising from any injury/illness attained by Passenger during the tour.
  2. Passenger shall be in the possession of comprehensive travel/health/diving insurance to be able to take part in the tours.

X. CABIN ASSIGNMENTS

Accommodations are offered in 13 double cabins. In case of uneven bookings, owner shall make every reasonable effort to book individuals of the same gender in shared, twin-bed cabins, but shall not make any guarantees with regard to the occupants’ gender, personality, or behaviour, and furthermore shall not be responsible for any problems, nor will it provide any monetary and/or any other form of compensation to remedy any problems that may arise from thereon.

Passengers travelling alone may book:

  1. A cabin for single use (surcharge applies), or
  2. A twin-bed cabin to share (opposite-gender cabin mate is not a problem), or
  3. A twin-bed cabin with single-use surcharge (same-gender cabin mate preferred) and if Owner manages to book another occupant of the same gender, the surcharge shall be refunded.

XI. ITINERARIES / DEVIATIONS / SUBSTITUTIONS

  1. Itineraries are agreed upon at the time of booking confirmation. Unfavourable/dangerous weather conditions and/or other factors such as, but not limited to, medical emergency, request by authorities, mechanical problem/failure, events of force majeure, may affect the choice of dive sites and/or the number of dives. The decision to deviate from the route plan is always of the captain’s, keeping in mind the safety of passengers, crew, and the boat.
  2. In case M/Y Andromeda is not available during the rental period, Owner shall arrange a vessel of the same quality for the fulfillment of the tour given sufficient availability. In this case Owner shall not be liable to provide any refunds and/or compensation.
  3. In case of any changes in the original dive plan, refund and/or compensation shall not be available.

XII. DIVING SAFETY / CO-OPERATION WITH DIVE GUIDES AND CREW

  1. The vessel operates with a crew and dive guides with appropriate qualifications, and with extensive experience and local knowledge. All safety equipment onboard is in accordance with local laws, and health and safety regulations. The vessel has all necessary permits to provide liveaboard services in Saudi Arabia.
  2. Briefings are provided before each dive.
  3. Government/company policies are in place for the safety of divers. The captain and/or the dive guides shall have the right to limit/revoke diving privileges from anyone:
    • Under the influence of alcohol and/or other mood-altering substances, or;
    • Diving and/or behaving unsafely, dangerously and/or in a manner that is hazardous to their own well-being and/or to the well-being of others, the marine life, and/or the boat.

    In such cases Owner shall not be liable to provide any refunds and/or compensation.

XIII. ENVIRONMENTAL PROTECTION / PRESERVATION

All passengers are asked to respect and never to disturb in any way the balance and integrity of marine life. Touching, harming, killing, distressing animals, damaging, removing anything from the sea (living or non-living) is strictly prohibited. No waste (organic or non-organic) is permitted to be thrown into the water.

XIV. MEDICAL CARE

  1. First-aid kit is accessible onboard the vessel, as is oxygen.
  2. Passenger shall travel with all prescription and/or regularly taken medications.
  3. Due to the nature of travel by sea, the availability of medical care onboard the vessel may be limited. There is no medical doctor onboard.
  4. In the event Passenger retains the services of medical personnel independent of the vessel, he/she shall do so at his/her sole risk. Any medical services arranged by Owner shall be only for the convenience of Passenger. Owner shall assume no liability for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or any other services provided by such entity. Passenger and/or his/her insurance providers shall pay for all medical care and costs. Owner shall not be responsible for the costs of any medical services provided to Passenger, and Passenger shall reimburse Owner in full for any costs it may incur as a result of Passenger requiring medical care, unless it is a result of Owner’s negligence that had been proven in a court of law.

XV. OWNER REGULATIONS

  1. Diving equipment

    All divers shall travel with their own full diving equipment. Equipment rental is not available onboard the vessel. Owner shall not be financially responsible for Passenger’s gear rental fees, nor shall it be liable to provide compensation for any missed dives, and/or full or partial refund of the Tour Price as a result of Passenger’s inability to take part in diving activities due to lack of diving equipment. Spare equipment is available onboard.

  2. Prohibited items / restrictions

    Bringing any type of alcoholic drinks, anything containing alcohol, anything including pork or any pork byproducts, and/or erotic/pornographic materials into Saudi Arabia is illegal and strictly forbidden. Entering the country with or the use of drones in the country is illegal. Passenger shall not bring onboard any illegal controlled substances, fireworks, live animals, weapons, firearms, explosives and/or hazardous materials.

  3. Minors

    Children of 12 years of age or older may partake in the tours however due to the challenging nature of diving in the area, it is not recommended for children. Minors are under the sole responsibility and shall be at all times under the supervision of the accompanying parent or guardian. There is no child care onboard.

  4. Safekeeping

    A safe onboard the vessel is provided for the safeguarding of valuables. Owner shall be responsible only for items placed into the safe except in cases of damage to, and/or partial or full destruction of, or loss of such items as a result of events of force majeure. Safeguarding all other valuables shall be the sole responsibility of Passenger.

  5. Fitness to scuba dive and to travel

    Passenger shall warrant that he/she is fit to travel and to scuba dive, and that such travel and activity shall not endanger and/or inconvenience others.

  6. Special needs and pregnancy

    Passenger with mobility, communication, or other impairments, and/or other special medical needs that do not hinder his/her fitness to travel and to scuba dive, shall notify Owner of such a condition at the time of booking. Owner shall advise Passenger in case it may not be possible to accommodate such special needs on the tour.

    Due to the strenuous nature of scuba diving, Owner does not recommend that pregnant passengers take part in diving activities, or that they take part in the tours entirely if 3 or more months along in their pregnancy.

  7. Lost / damaged luggage

    Diving is a dangerous activity. Passengers are recommended to travel with only the most essential items. The boat is in constant movement, items may move, slip, fall, and/or break. If Owner can prove that it had taken all reasonable measures to protect Passenger’s luggage and belongings, Owner shall be neither responsible nor liable for any loss and/or damage to Passenger’s property, whether contained in a luggage or otherwise, except for items placed inside the safe onboard, but excluding events of force majeure. Passenger shall purchase appropriate travel insurance to cover any such losses/damages, and shall take reasonable measures to safeguard his/her property. Owner shall not cover any costs for the purchase and/or rental of items lost, stolen, and/or delayed, including but not limited to, personal items and scuba diving gear.

  8. Use of photos / videos / recordings

    Owner may use photographic, video, audio, and/or other visual or audio portrayals of Passenger taken during the tour for promotional services with regard to its tours being advertised on its Web site or other media platforms, and shall do so without any compensation to Passenger, and only with the express written consent of Passenger. Owner shall not forward any such materials to any third parties unless requested by authorities.

  9. Communication

    Free WiFi services are accessible onboard. Mobile/cell coverage is limited in most areas at sea. Satellite phone is available to use for calls only onboard for a fee.

  10. Compliance

    Passenger/TO and all passengers represented by him/her shall at all times comply with the provisions of the present Contract, applicable laws and regulations, and rules and policies of Owner.

  11. Indemnity

    Passenger/TO and/or any passengers represented by him/her shall be liable for and indemnify Owner from any liability, and for any fines, penalties, costs, expenses incurred by or imposed on Owner, its crew/employees, and/or the vessel arising from or related to Passenger’s conduct or failure to comply as per Section XV/10, including but not limited to:

    • Purchases by or credit extended to Passenger;
    • Requirements relating to immigration, customs, or excise;
    • Any personal injury, death, or damage/loss to property caused directly or indirectly/negligently in whole or in part by Passenger.

XVI. LIMITATIONS OF LIABILITY

  1. Owner shall not be liable for injury, death, damage, delay, and/or any other losses to Passenger and/or his/her property, or any other claim by Passenger caused by events of force majeure, including but not limited to, acts of God, war, terrorism, civil commotion, labour disputes, government interference, perils of the sea, fire, theft, and/or any other cause beyond Owner’s reasonable control, or any act not shown to be caused by Owner’s negligence.
  2. Passenger shall solely assume the risk of injury, illness, death or other losses, and Owner shall not be responsible for:
    • Passenger’s use of his/her own and/or rented scuba diving equipment from Owner and/or from a third party;
    • Negligence or wrongdoing of any independent contractors of Owner;
    • Events taking place off the vessel such as launches, transports, embarkation, and/or disembarkation.

XVII. DATA PROTECTION

  1. The transfer and/or processing of personal data by the Owner of Passenger, and/or of all passengers represented by him/her, shall be governed by Regulation 2016/679 of the European Parliament and of the Council.
  2. The personal data of Passenger and/or of all passengers represented him/her shall be processed and/or transmitted by Owner for a specific purpose, for a time period required by law, to comply with domestic and/or foreign law, and at the explicit request of domestic and/or foreign authorities.
  3. Personal data to be processed and/or transmitted shall only be data that:
    • Is essential for providing the service, for entering into and for the performance of, and for fulfilling claims arising from the present Contract;
    • Meets regulations prescribed by domestic and/or foreign authorities;
    • Is used for marketing activities with the express consent of Passenger and/or passengers he/she represents.

  4. Further details on data protection can be found on the https://cassiopeiasafari.com/general-data-protection-policy/ Web page.

    Any questions and/or concerns with regard to the above may be sent to the info@cassiopeiasafari.com e-mail address.