TERMS AND CONDITIONS
We, Go Asia Diving Sdn. Bhd. look forward to the opportunity to provide or act as your booking agent for travel related products and services particularly water sports vacation subject to the following Terms and Conditions, which may be updated and amended by us from time to time without prior notice to you. The terms and conditions contain important information regarding your legal rights, remedies and obligations as a customer when you purchase any travel related products and services through us. The terms "we", "us" and "our" refer to Go Asia Diving Sdn. Bhd. The term "you" refers to the customer visiting our website, booking a reservation through us or otherwise using our services. Please ensure that you read carefully and understand the Terms and Conditions prior to booking.
1. Scope of Our Services
Certain software and content found on our website are owned or licensed by us or our Supplier, your use of which may be subject to further conditions. By making a reservation through the website, you enter into a direct (legally binding) contractual relationship with the Supplier at which you book in connection with such travel products and services.
2. Booking and Reservation
After making a booking, we will send you an invoice for your payment thereof. You are required to carefully examine the invoice and verify the current booking price and all other package details (what is included and what is not) relating to the travel package or products you booked.. Upon your receipt of the invoice, full payment of the total invoiced amount shall be made within two (2) working days in order to secure your reservation, otherwise your booking will be automatically cancelled. We reserve our right to refuse your booking when payment is made after the payment due date.
In the event if full payment has been made but your selected date is not available, we will make full refund of the total booking value.
YOUR RESERVATION IS CONSIDERED CONFIRMEDONLY IF FULL PAYMENT OF THE TOTAL INVOICED AMOUNT HAS BEEN MADE AND YOU HAVE RECEIVED AN EMAIL OR WRITTEN CONFIRMATION FROM US.
After full payment of the total invoiced amount has been made, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements due to changes in transportation costs including the cost of fuel, taxes, fees and exchange rates. We will pass on any such increase to you when we become aware of such increase.
3. Payment Method
All payments to us shall be made in the local currency of Ringgit Malaysia (RM) either by direct deposit or telegraphic transfer to the following
Account Name : Go Asia Diving Sdn. Bhd.
Name of Bank : CIMB Bank
Bank’s Address : Lot G (E) 004 Ground Floor Mid Valley Megamall Lingkaran Syed Putra 59200 Kuala Lumpur Malaysia
Swift Code : CIBBMYKL
Account Number : 8007457168
KINDLY EMAIL TO [email protected]
THE PROOF OF PAYMENT TOGETHER WITH THE DETAILS OF YOUR NAME, CONTACT NUMBER AND YOUR BOOKING REFERENCE AND OTHER RELEVANT PARTICULARS.
(a) The cancellation of your reservation or purchase;
(b) Your forfeiture of any monies paid for your reservation or purchase;
(c) You being denied access to the applicable travel related product or service; and
(d) Our right to debit your account for any costs we incur as a result of such violation.
5. Cancellations and Changes by Us or the Supplier
We and the Supplier reserve the right to alter any itinerary, accommodation and/or tour contents without prior notice to you in its sole and absolute discretion deemed fit for any reason including but not limited to force majeure, availability, demand, weather or logistical concerns or due to safety considerations and unusual or unforeseeable circumstances beyond our control.
If a vacation is cancelled or rescheduled prior to tour date, we will ensure that you are promptly notified of such change when we become aware of it. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements with a different departure date, or accepting an offer of alternative travel arrangements if one is made available by the Supplier but there is no guarantee of availability of offering, or cancelling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply and we accept no liability and responsibility for any costs or expenses (including but not limited to air fare or other transportation cost, etc.) incurred by you as a result of and relating to such change and or cancellations.
6. Cancellation by You and Applicable Cancellation Fees
Should you need to cancel your confirmed booking made via online, telephone, text, email or walk-in, you must immediately advise us via email or in writing. Your notice of cancellation will only take effect when it is received by us at [email protected]. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation fees up to the maximum shown below. The cancellation fees detailed is calculated on the basis of the total tour fare (inclusive of Goods and Services Tax (GST), if applicable) payable by you which are not refundable in the event of the cancellation by you:-
Period before departure written notice is received by us Cancellation fee per person
61 days or more 50% of the total tour fare
60 days or less or No Show 100% of the total tour fare
ANY APPLICABLE REFUND WILL BE MADE WITHIN SIXTY (60) DAYS UPON OUR RECEIPT OF YOUR CANCELLATION IN WRITING. FOR PURPOSE OF REFUND, YOU ARE REQUIRED TO PROVIDE US WITH YOUR IDENTITY DOCUMENTS FOR OUR VERIFICATION.
NO REFUNDS WILL BE MADE FOR TICKETS OR SERVICES BOOKED BUT NOT USED, OR FOR INSURANCE PREMIUMS OR ADMINISTRATIVE FEES, IF ANY.
NO REFUNDS OR CREDITS WILL BE AWARDED FOR ANY UNUSED PORTIONS OF TOUR PACKAGE.
NOTWITHSTANDING THE FOREGOING PROVISIONS, FOR SUCH CANCELLATION OF ONLINE RESERVATION AT OUR WEBSITE (WWW.GOASIADIVING.COM), ANY APPLICABLE REFUNDS SHALL SUBJECT ALWAYS TO SUFFICIENT NUMBER OF THE LOYALTY POINTS AVAILABLE IN THE REGISTERED USER’S ACCOUNT AND SUCH TERMS AND CONDITIONS OF LOYALTY PROGRAM AS STIPULATED IN CLAUSE 25 HEREIN. FOR MORE DETAILS AND INFORMATION, PLEASE REFER TO CLAUSE 25 BELOW.
7. Alteration/Amendment and Administrative Fees
If you wish to change any part of your booking arrangements after confirmed reservations, you must inform us as soon as possible. Whilst we will do our utmost to assist you, we cannot guarantee that we will be able to meet your requested change. A request of change can be made more than thirty (30) days from the tour date and where a change requested by you to your travel arrangements is permitted and possible, an administration fees equivalent to twenty-five percent (25%) of the total tour fare inclusive of GST (if applicable) per person, per change is payable by you and you are to pay any applicable rate changes or extra costs incurred by us and any other charges imposed by the Supplier.
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee as provided in Clause 6 above shall be payable by you. Please also note that a change of tour date within thirty (30) days prior to tour date will be treated as a cancellation by you.
8. Special Requestss
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility and etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, such requests are subject to availability and we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
Travel and water sports insurance are vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your vacation with respect to equipment and/or baggage lost/delay/damage, flight delay, medical hospitalization, personal accident, injury, personal liability, illness, and/or other unforeseen events and inconveniences. We may be able to arrange travel and water sports insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
10. Passport, Visa, Immigration and Health Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your tour. You must check requirements for your own specific circumstances with the relevant embassy and/or consulates and your doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. You must notify the respective Supplier regarding your next of kin details and any other important information we or the Supplier request before or during your tour.
11. Fitness and Risks to Water Sports and Dive
You are responsible to ensure that you are in good mental and physical fitness to do and perform such water sports/activities, particularly scuba diving. You understand and agree that you will not under the influence of alcohol or any drugs that are contraindicated to water sports/activities, particularly scuba diving. If you are taking medication, you should have seen a physician or doctor and had approval to do and perform such water sports/activities while under the influence of the medication or drugs.
You further understand and agree that do and perform such water sports/activities, particularly scuba diving is a physically strenuous activity and that you will be exerting yourself during this activity and that if you are injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that you expressly assume the risk of the said injuries and that you will not hold us or the respective Supplier or any of its representative employees, officers, agents, contractors or assigns responsible for the same.
You understand and acknowledge that scuba diving with compressed air involves certain inherent risks, including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in recompression chamber. You further understand acknowledge that the scuba diving activities will be conducted at a site that is remote and where medical facilities are limited. Yet, you still choose to proceed at your own free will with these activities in spite of possible absence of a recompression chamber and appropriate medical facilities and immediate medical attention in proximity to the dive site(s). We, our Supplier or any of its representative employees, officers, agents, contractors or assigns (hereinafter collectively referred to as “the Released Parties”) shall not be held liable or responsible in any way for any injury, death or other damages to you, your family, heirs or assigns that may occur as a result of your participation in the travel arrangement/vacation and/or scuba diving program or as a result of the negligence of any party including the Released Parties, whether passive or active.
12. Proof of Certification for Scuba Diving
You shall provide valid, relevant and recognised forms of scuba diving certifications to the Supplier upon arrival to prove you are eligible to dive. If you are unable to provide proof of certification, you will not be able to dive and may forfeit all monies paid.
Any diver failing to adhere to the rules and regulations set forth by the Supplier, will have their dive(s) forfeited without any provision for refunds.
13. Representations and Warranties
You represent and warrant that:-
(d) The information supplied by you are true and accurate.
14. Use of Our Website and Services
(a) Use the website or its contents for any non-authorized commercial and phishing purposes;
(b) Re-sell, deep-link, use, access, copy, monitor (e.g. spider, scrape or other automated means or any manual process for any purpose), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose;
(c) Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
(d) Use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
(e) Use our website and services in compliance with applicable law;
(f) “Frame”, “mirror” or otherwise incorporate any portion of our website into any other website without our prior authorisation;
(g) Do anything else which could cause damage to the website, us and our employees and reputation, or would otherwise have a negative impact;
(h) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(i) Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
(j) Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
(k) Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
(l) Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
(m) Use the website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
(n) Attempt to gain unauthorized access to the website, any related website, other accounts, computer system, or networks connected to the website, through hacking, password mining, or any other means; and
(o) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the website, including harvesting or otherwise collecting information about others such as email addresses.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
We make every effort to ensure that your vacation run smoothly but if you have a problem during your holiday, please inform the relevant Supplier immediately. Should they be unable to resolve the matter, it is essential that you notify us in writing immediately, quoting the booking reference number and all other relevant information and no later than fourteen (14) days after your return to enable any complaint to be investigated.
If you fail to timely contact us, we and/or the Supplier may not be permitted the opportunity to investigate your complaint and attempt to rectify any error, and this may affect your rights under this Agreement.
You agree to indemnify us and our affiliates, and any of our Supplier, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of your breach of this Agreement, your violation of any law or rights of any third party or your use of our website and services.
18. Law and Jurisdiction
19. Entire Agreement
The Terms and Conditions and any applicable policies or guidelines which can be found through the website, as may be amended from time to time without giving prior notice to you, constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise.
Any term, condition, stipulation, provision, covenant or undertaking in these Terms and Conditions which is illegal, void, prohibited or unenforceable shall be ineffective only to the extent of such illegality, void ness, prohibition or unenforceability without invalidating the whole such term, condition, stipulation, provision, covenant or undertaking or affecting the validity or enforceability thereof and any such illegality, void ness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking herein contains.
21. Force Majeure and Unforeseen Circumstances
Except where otherwise expressly stated in the Terms and Conditions, we shall not be liable or responsible in any way for any loss, injuries, death, cost, expenses or damages whatsoever incurred or suffered by you which arise from any of the following events:-
(a) Acts of God, fire, lighting, explosion, flood, inclement weather, or accidents;
(b) National or local emergency, acts of omissions of any government or governmental authority or agency, insurrection, civil disorder, war, or military operations;
(c) Industrial disputes of any kind, strikes, lockouts, stoppage, or restraint of labour;
(d) Traffic congestion, vehicle and machinery breakdown, obstruction of any public/private road, highway, sea or air passage;
(e) Accidents of any kind occurring during your independent activities;
(f) Theft, robbery or lost property;
(g) Food poisoning;
(h) Isolation as a result of infectious diseases or any condition likely to endanger your health or safety or impair their reasonable comfort; and/or
(i) Any cause beyond the reasonable control of the Supplier and its agents that caused your itinerary unenforceable
22. Amendment and Modification
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.goasiadiving.com from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Supplier as a result of this Agreement or your use of our website.
25. Loyalty Points Program
You must be a registered user of www.goasiadiving.com (hereinafter referred to as “Registered User”) to participate in the Loyalty Points Program and provide certain data.
The Terms and Conditions of the Loyalty Points Program stipulated and provided herein shall ONLY apply to such confirmed reservation made through our online booking system at www.goasiadiving.com. For the avoidance of doubt, the Loyalty Points Program shall not be applicable to telephone, text, emails or walk-in bookings.
In consideration of permitting you to use the website and in providing such data, you represent and warrant that the information about you is true, accurate, current and complete.
Only the Registered User will be entitled to access to personal account information.
The Registered User are responsible for maintaining the confidentiality of the password and user identification of the account, and are fully responsible for all activities that occur under the Register User’s password or user identification.
The Registered User hereby assure that the account is for the Registered User’s own use only. The Registered User shall not permit others to use his/her password and user identification.
The Registered User agree to (a) immediately notify us of any unauthorised use of his/her password or account or any other breach of security, and (b) ensure that he/she exits from his/her own account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Our affiliate partners and staffs are not eligible to participate in the Loyalty Point Program.
Earning and Redeeming the Loyalty Points:
(a) Every confirmed reservation made through our online booking system at www.goasiadiving.com provided full payment for such online booking has been paid in full will entitle the Registered User to earn and receive Loyalty Points, whether or not the trip or holiday has been done and completed.
(b) The Registered User will receive one (1) Loyalty Point for every full Ringgit Malaysia (RM1.00) spent on an online confirmed reservation. Loyalty Points you earn while making an online purchase can only be redeemed for a subsequent transaction. Loyalty points cannot at ANY point be traded in for a cash equivalent.
(c) Loyalty Points shall not be exchanged for cash, assigned, sold or transferred, except as set forth herein, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law.
(d) The Registered User may purchase or redeem the travel packages and products by using Loyalty Points, or combination of Loyalty Points and cash.
(e) Loyalty Points cannot be used to pay the administrative charges for any amendment/alteration to the travel arrangement requested by the Registered User under Clause 7 herein.
(f) Loyalty Points shall be valid until Registered User's account lapses, is cancelled, or the Loyalty Program is terminated for any reason whatsoever when such Loyalty Points shall be deemed to have lapsed on the date of the lapsing or cancellation of the membership or the termination of the Loyalty Program.
(g) Loyalty Points will be forfeited if your membership terminates for any reason or you opt-out from the website.
(h) Registered User will not receive any Loyalty Points for registration on the website or payment of administrative fees due to amendment/alteration under Clause 7 herein, mailing fees, fees paid directly to our Supplier, bookings fully or partially made with Loyalty Points, complimentary components of a booking (if any), bookings for which complaints to Supplier are pending, and/or other similar charges.
(i) Notwithstanding anything contained to the contrary contained, in the event of cancellation of any confirmed reservation of our travel packages or products where refund is applicable pursuant to the Terms and Conditions stipulated herein, such refund shall be subject to and corresponding with the number of the Loyalty Points available in the Registered User’s account. For the avoidance of doubt and for the purpose of this Clause, for each and every One Ringgit Malaysia (RM1.00) refunded by us to the Registered User, we will deduct one (1) Loyalty Point from the Registered User’s account. Upon refund being made, the number of Loyalty Points corresponding with the refund amount will forthwith be deducted from the Registered User’s account. For example, if a sum of RM500.00 is to be refunded to the Registered User, we will deduct 500 Loyalty Points from the Registered User’s account. Accordingly, below are the various situations may happen and shall apply upon cancellation and if refund is applicable:-
aa. Full Refund
To enable a full refund to be made, the number of Loyalty Points available in the Registered User’s account shall be corresponding to or exceeding the total refundable amount. For example, if the refundable amount payable to the Registered User is RM1,000.00, there shall be at least 1,000 Loyalty Points available in the Registered User’s account to enable us to make a full refund of RM1,000.00 to the Registered User. Upon refund of RM1,000.00, 1,000 Loyalty Points in the Registered User’s account will forthwith be deducted.
bb. Partial Refund
In the event if the total Loyalty Points available in the Registered User’s account shall be lesser and fewer than the Loyalties Points to be deducted, we will be entitled to deduct a sum equivalent to the shortfall of the Loyalty Points to be deducted against the refundable amount and thereafter pay the balance refundable amount to the Registered User. For example, if the refundable amount is RM1,000.00 but there is only 600 Loyalty Points available in the Registered User’s account with a shortfall of 400 Loyalty Points, we will deduct the aforesaid 600 Loyalties Points and deduct a sum of RM400.00 from the refundable amount of RM1,000.00 and thereafter refund the balance refundable sum of RM600.00 to the Registered User.
cc. No Refund
No refund will be made to the Registered User if the number of Loyalty Points available in the Registered User’s account is nil or zero, unless otherwise the Registered User further earns any number of Loyalty Points within thirty (30) days of his cancellation request, we will do the necessary refund in accordance with the provisions stipulated herein.
(j) Registered User can redeem 1,000 Loyalty Points for Ringgit Malaysia Thirty (RM30.00) only being cash discount against the purchase of any specified travel products and packages offered by us. However, the cash redemption value is subject to change from time to time without notice at our sole discretion.
(k) If you amend the reservation and the price of the booking increases, you must pay for the reservation using the same method of payment used on the original booking. If the booking was made using Loyalty Points and the cost of the booking decreases, the Loyalty Points originally used will be forfeited.
Loyalty Points Program and its benefits provided herein are offered at our absolute discretion, and we have the right to terminate the Loyalty Points Program or to change the Loyalty Points Program policies, procedures, terms and conditions, rules, regulations, benefits, conditions of participation or rewards levels (hereinafter referred to as “Program Rules”), in whole or in part, at any time, with or without notice, even though changes may affect the value of the Loyalty Points already accumulated. We have the sole right to interpret and apply the Program Rules.
Any failure to follow the Program Rules, use the Loyalty Points Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinance, any abuse of the Loyalty Points Program privileges, any conduct detrimental to our interests, or any misrepresentation of any information furnished to us by any Registered User, or anyone else acting on the Registered User’s behalf, we reserve the right to terminate the Registered User’s membership and discontinue the use of the Loyalty Points Program by the Registered User, which may result in the loss of all earned Loyalty Points, benefits, and privileges. In addition to discontinuance of Loyalty Points Program membership, we shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
Any Registered User who fails at any time to engage in account activity for a period of twenty-four (24) consecutive months is subject to termination of his or her membership and forfeiture of all accrued Loyalty Points. “Account activity” for purposes of these Program Rule, shall be deemed to occur when a Registered User accrues Loyalty Points in his or her account in any manner set forth in these Program Rules, or as otherwise approved by us, or when the member redeems any of our travel packages or products by using Loyalty Points in the Registered User’s account or any kind transaction has been undertaken by the Registered User.
All questions or disputes regarding an individual’s eligibility for the Loyalty Points Program, the earning, use, or conversion of Loyalty Points, or compliance with these Terms and Conditions will be resolved by us in our sole discretion.
Any attempt by any person to undermine the legitimate operation of the Loyalty Points Program may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
26. Warranties, Disclaimers and Limitation of Liability
(a) The information that we disclose is based on the information provided to us by the Supplier whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We shall not be held responsible for any errors or other inaccuracies (including manifest and typographical errors) relating to such information that appears on our website, any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
(b) Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier made available. We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, software, products, and services provided by us or contained on our website for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our Supplier are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
(c) The carriers, hotels and other Supplier providing travel or other services on this website are independent contractors and not agents or employees of us. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our control, and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
(d) In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or our services or with the delay or inability to access, display or use our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
(e) If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described herein, then our liability will in no event exceed Ringgit Malaysia One Thousand (RM1,000.00) only or the equivalent in local currency.
(f) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Clause will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
(g) Every person participating in any of our tour/holiday shall be regarded as carrying his own risk with respect to loss or injury to person or property. You personally accept and assume all risks of the travel and scuba diving program whether foreseen or unforeseen that may befall you while participating in the scuba diving activity. You personally accept and assume full responsibility for losses and expenses due to delay, sickness, weather, strikes, war, quarantine or acts of God.
(h) We, our Supplier or any of its representative employees, officers, agents, contractors or assigns (hereinafter collectively referred to as “the Released Parties”) shall not be held liable or responsible in any way for any consequential loss or damage, personal injury, wrongful death or loss or damages whatsoever to you, your property or your family, heirs or assigns that may occur as a result of your participation in the travel arrangement/vacation and/or scuba diving program or as a result of the use or rental of the scuba diving equipment, product liability or negligence of any party including the Released Parties, whether passive or active.
(i) We shall be released, exempted and held harmless from any claim and /or lawsuit instituted by you, your family estate heirs or assigns, arising out of your enrolment and participation in the travel arrangement/vacation and/or scuba diving activity.
(j) Specifically, we will not be liable for any act or omission by any person not employed directly by us or under our immediate control and whilst we have chosen our Supplier with care we have no control over our Supplier and so cannot be held responsible for any action or omission of our Supplier or their servants, agents or employees.
(k) In no circumstances shall we be liable for any economic loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services under these terms and conditions or otherwise in connection with these terms and conditions; or for any indirect, special or consequential loss or damage (howsoever arising).