Terms of Service
1 FAMILYDIVERS.COM AND KIDS SEA CAMP.COM TERMS OF SERVICE
1.3. As a condition of your use of this Website, you warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will only use this website to make legitimate reservations for you or for other persons (“associated third-party travelers”).
- All information supplied by you on this website is true, accurate, current, and complete.
2.1 Kids Sea Camp has developed the Site and an online booking system (the “Online Booking System”), which enable individuals to browse, compare and book (the “Booking”) various services, including but not limited to accommodation, diving safaris, fun dives, diving packages, guided tours, scuba diving courses and equipment rental (the “Services”), with a service provider (the “Service Provider”).
2.2 By browsing, accessing, and using the Site and by using the Online Booking System, you acknowledge and agree that you and any associated third-party travelers have read, understood, and agreed to these terms and conditions.
The Parties agree as follows:
3 SCOPE OF SERVICE
3.1 Kids Sea Camp acts solely as an intermediary between you and the Service Provider and through the Online Booking System enables you to make a Booking with the Service Provider, and:
3.2 Bookings created through the Online Booking System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the “Service Provider Terms”). You are solely responsible for reading and understanding the Service Provider Terms prior to making a Booking.
3.3 The Service Providers on this website are not agents or employees of Kids Sea Camp or its DBA Family Dive Adventures or any affiliate. Kids Sea Camp is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Kids Sea Camp has no liability in the event of any delay, cancellation, overbooking, strikes, force majeure, or other causes beyond KSC’s direct control, and KSC has no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
3.4 Kids Sea Camp does not charge you for the use of the Site or Online Booking System.
3.5 Information displayed on the Site is based on information provided to Kids Sea Camp by the Service Provider (the “Service Provider Information”). Kids Sea Camp does not guarantee that the information is reliable, accurate, complete, or free from errors.
3.6 Kids Sea Camp does not endorse any of the Service Providers and makes no representations with respect to the quality, safety, or suitability of their infrastructure and equipment, nor their ability to deliver any Services that are not arranged, booked and paid for directly threw Kids Sea Camp.
4.1 Bookings made online through the familydivers.com website are subject to the availability of the requested Services by the Service Provider. Bookings are only confirmed once a confirmation email including a confirmation invoice has been sent to you. Kids Sea Camp advises you to make other related travel arrangements, including flight arrangements, only after bookings are confirmed.
4.2 Kids Sea Camp is responsible for the correct execution of the reservation process, but not for the product supplied by the Service Provider. In some cases, additional information, including but not limited to passport copies, evidence of guest insurance, health or medical waivers, forms or certificates, etc. are required by KSC to make a booking complete. You are obliged to provide this information as detailed as possible within 24 hours of making the booking for all the guests covered under the booking. We hold the right to cancel the booking according to the applicable booking policy in case this information is not provided by you or is provided too late.
4.3 Where some itinerary information is provided by the Service Provider, this should be considered as a sample itinerary only and is not binding by the Service Provider. At all times, the Service Provider may choose to make changes based on weather conditions, specific requests by the group of customers, acts of God, force majeure events, or for any other reason.
5.1 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 mandatory surcharges, taxes, and levies. Unless indicated otherwise, mandatory surcharges, including surcharges for national parks, boat dives, night dives, special trip supplements, or dive gear beyond tanks, weights, and weight belts, are not included in the prices listed through the Online Booking System.
5.2 Taxes and levies (“Surcharges”), if applicable, are indicated in the Online Booking System during the checkout process for informational purposes. These Surcharges may be subject to change after the booking has been completed based on changes in local conditions beyond Kids Sea Camp control. A change in Surcharges does not give you the right to cancel a booking.
6.1 Services displayed on the Site are available for booking and subject to confirmation upon completion of a booking through the Online Booking System, and:
6.2 For Services quantified in days, the Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
6.3 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, we will notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.
7.1 All fees, costs, charges, and taxes with respect to Services are payable to Kids Sea Camp Inc. in USD. Some Travel Products may also be sold in another currency than the one preset or chosen by you on the Site. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company or bank) may charge conversion or other fees and apply another date’s currency rate.
7.2 For Bookings made with payment methods that can be stored (e.g. credit cards), once you make a booking using the Online Booking System, Kids Sea Camp will pre-authorize your payment method, and will then automatically charge it 48 hours after confirmation of your booking. For last-minute bookings, your payment method may be charged immediately after the confirmation from the Service Provider has been obtained. Last-minute bookings are not eligible for the 48-hour, free cancellation period.
8.1 No refund applies to all payments. MASA, CFAR, DAN, or other dive and travel insurances are compulsory for travel.
9 SPECIAL CIRCUMSTANCES
9.1 The Service Provider reserves the right to cancel a booking, or suggest providing Services at an alternative date in the event that conditions, including but not limited to, poor weather, acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war, riots, pandemics, epidemics, and government actions resulting from the pandemic or epidemic, or other circumstances make it unsafe or impractical to provide Services at the date(s) specified in the booking confirmation.
9.2 The Service Providers, which are independent businesses from Kids Sea Camp inc, have the rights and responsibility to make their own decisions as regards to rescheduling options when they deem a re-scheduling necessary. the costs to be transferred to the rescheduled booking are the direct cost amounts paid by the Customer to Kids Sea Camp in relation to the rescheduled booking. Kids Sea Camp shall not be held responsible for indirect or ancillary costs such as airfare, or any other costs that are not directly related to its providing Services. Kids Sea Camp recommends taking out private travel insurance.
10.1 By booking Services through the Online Booking System, you agree that you have 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 PADI dive forms, any other Medical Statement, Liability Release or Assumption of Risk Agreement forms. Should you not meet the requirements to dive or be fit to dive, you agree to notify us within 24 hours of booking.
10.2 You acknowledge that most Service Providers offering services and/or activities such as scuba diving may require you to sign their liability waiver, medical release forms, and other forms prior to participating in the service and/or activity they offer. You understand that any violation of any such Service Provider’s rules and restrictions may result in cancellation of your reservation(s), in you being denied access to the product or services you booked, and in you forfeiting any monies paid for such reservation(s). Such waivers may be provided by the Service Providers at the start or during the trip.
10.3 You are responsible for understanding and complying with the requirements, and Kids Sea Camp advises you to enquire about requirements prior to making a booking. Kids Sea Camp may request you to sign off on our standard release and liability forms prior to your trip date. Failure to comply with the requirements may result in your inability to use the Services.
10.4 You are responsible for ensuring that you meet foreign entry requirements for the countries of travel and that your travel documents, such as passports and visas, are in order, and any other foreign entry requirements are met. Kids Sea Camp urges customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations and for re-entry into the United States of America.
10.5 Should you purchase USI, MASA, or DAN dive insurance this constitutes a direct contract between you and USI, MASA, or DAN in accordance with the terms and conditions set out in the Booking. You are solely responsible for reading and understanding the terms and conditions with the insurance company prior to making a Booking.
10.6 If for any reason you are delayed in transit and fail to reach a liveaboard, cruise, or other boats by the scheduled time of departure, you are responsible for all costs associated with continuing your trip or making alternative trip arrangements.
12 LIABILITY DISCLAIMER
12.1 Kids Sea Camp 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 Kids Sea Camp or its affiliated companies, directors, employees, agents, or contractors (the “Representatives”) be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and 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 including pricing errors; 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.
12.2 Kids Sea Camp cannot be held liable for and will not accept responsibility for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving, or any activity offered by the Service Provider or as a result of acts or omissions by third parties.
14.1 You agree to defend and indemnify the Kids Sea Camp inc, PADI Companies, their affiliates and subsidiaries, and any of their officers, directors, employees, and agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of
- your violation of any law or the rights of a third party; or
- your use of this Website.
15 LEGAL STRUCTURE AND GOVERNING LAW
15.1 Kids Sea Camp is a company duly incorporated pursuant to the laws of The United States of America. These Terms of Service shall be construed in accordance with the laws of The United States of America.