Terms and Conditions
In the event you cancel your booking with us, the following charges will apply:
- Group cancellations will be subject to Group Terms and Conditions.
- Any amendment made to a Travel Date will be deemed to be a cancellation, and will be subject to the charges set out in this document.
- Should you fail to load in time for our scheduled departure for any reason, you will not receive a refund of your tour costs.
- The vessel departure will not be delayed due to your late arrival. This includes factors beyond your control including medical problems, airline delays, bad weather, etc. – Competition and Consumer Act 2010.
- No refund or compensation will be given for any unused equipment or prepaid/pre-booked courses or guides in the event you are unable to complete the entire tour.
2. Trip Specific Cancellation fees for Bookings made direct with Tusa Dive:
- There is no charge for passenger cancellations with 24 hours or more notice.
- A fee of 100% of the nett amount will be incurred for passenger cancellations with less than 24 hours notice.
3. Bookings made with us by Travel Agents
At a minimum cancelation fees will be charged as set out in section 2.
Where a Travel Agents Terms & Conditions stipulate cancelation fees higher than the fees set out in section 2, those higher fees will apply. As such we strongly recommend purchasing travel insurance as stipulated in section 6.
4. Trip Itinerary changes
We will endeavour to adhere to the advertised itinerary, but reserve the right to alter the itinerary or cut short the tour in the event of medical emergency, inclement weather conditions, or for reasons involving passenger, crew or vessel safety, at the sole discretion of the Master of the Vessel. A severe storm or named cyclone in the region may delay our departure or require the trip to be cut short or cancelled. If travelling in the cyclone season (December to April) we advise the purchase of (well prior the due Travel Date), insurance that covers force majeure events (being events outside the control of the parties, such as natural disasters).
In the event that the advertised itinerary is altered or the tour is cut short in accordance with clauses above:
a) We will not be liable to provide a refund for your booking, or the unused portion of your booking;
b) We do not accept any liability whatsoever for any loss or out of pocket costs, howsoever caused (whether direct or indirect), as a result of the cancellation or change to the itinerary; and
c) You may choose one of the following options:
Accept new arrangements that might, at our absolute discretion, be made by us;
Accept a replacement tour from us of equivalent standard and price that, subject to availability, might be offered by us at our absolute discretion. In the event of a mechanical breakdown, you accept that we will only be obliged to refund fees on a pro rata basis, and will not be responsible for alternative accommodation or tours, nor will we be liable for any other direct or indirect loss, expense, inconvenience or disappointment.
Tusa Dive reserves the right to change vessel, dive locations and price without notice.
5. Medical Conditions
Some medical conditions may preclude a person from diving – contact us for further details.
Please note that any medicals required should be completed well before the day of departure. If in any doubt please contact us prior to trip departure.
Upon arriving at our vessel, and before commencing any dive activities, we will require all customers to complete our liability forms. All information provided must be strictly accurate. If during the tour it becomes apparent that a form has been incorrectly, by omission or false statement, we reserve the right to prevent any customer from undertaking any scuba diving / snorkelling activities while on board our vessel.
Any decision made in this regard will be at the absolute discretion of the Dive Supervisor aboard the vessel.
6. Insurance Advice
We strongly recommend that all customers purchase a Comprehensive Travel Insurance Policy that covers them for personal injury and the events, including but not limited to, your cancellation for any reason, and the cancellation or alteration to the scheduled itinerary for reasons involving weather or passenger, crew or vessel safety. We strongly recommend that all customers also purchase Evacuation and Medical cover for scuba diving.
Scuba diving and in-water activities are not covered by all Travel Insurance Policies, and policy wordings should be read carefully. It is important to note that in the event a customer requires medical emergency services; the evacuation, medical, and vessel relocation expenses are at the financial responsibility of the customer.
Divers Alert Network (DAN) & Dive Assure offer comprehensive insurance packages specifically for scuba divers. In particular, Dive Assure offer a liveaboard Rider (insurance) which includes coverage specific to liveaboard trips such as flight cancellations or delays resulting in missed liveaboard departures, vessel mechanical failures, medical inability to dive, inclement weather (in addition to named storms/cyclones) and other incidents.
7. Scuba Diving
We require all Certified Divers to present a valid Certification Card. Failure to show a Certification Card may result in the customer not being able to dive on the tour. This includes but is not limited to dive equipment that varies from standard and any specialty cards needed such as Full Face Mask Distinctive Specialty or Nitrox. Our tours are subject to the risks and perils of scuba diving in changeable conditions in an open water environment. We reserve the right, for our customer’s safety and/ or the safety of our crew or other scuba divers, to prevent any customer’s participation in scuba diving if they are deemed physically or medically unfit to do so or in our sole discretion. No compensation is offered if you should be unable to complete all offered dives.
We strongly recommend a wait of 24 hours before flying after diving. You must not participate in scuba diving or snorkelling whilst under the influence of alcohol or any drugs. We shall have no liability to any customer should they participate in diving or snorkelling whilst under the influence of alcohol or any drugs.
We may refuse entry to the water in the event we have reasonable grounds to expect a customer has consumed alcohol or drugs within a timeframe that could, in any way, affect their ability to scuba dive/ snorkel safely. Any decision made in this regard will be at the absolute discretion of the Dive Supervisor aboard the vessel. If any equipment or property belonging to us is damaged or lost we reserve the right to charge the customer responsible to make good the damage or loss.
To participate in scuba diving / snorkelling, all customers are required to agree to, and sign, our liability forms relevant to the activity they will be undertaking. Rental dive equipment used is BCD, Regulator with 1st Stage, Primary and alternate 2nd Stage, Gauges with Dive Computer, emergency signalling equipment, including a high visibility signalling device, for example, a safety sausage; and an audible signalling device (e.g. a whistle). If you are bringing your own equipment you must have at a minimum BCD, Regulator with 1st Stage, Primary and alternate 2nd Stage, Gauges and Dive Computer, emergency signalling equipment, including a high visibility signalling device, for example, a safety sausage; and an audible signalling device (e.g. a whistle). If your equipment varies from this you must contact us prior to travel to verify suitability.
8. Spoken Languages
English is the language spoken on board our tours We have staff than can communicate in various languages, please contact us is you have specific requirements. We in no way guarantee any spoken language other than English, unless otherwise pre-arranged agreement has been made with us. 9. Age Restrictions Day Trips: Anyone under the age of 16 must be accompanied by a Parent or Guardian.
A 16 or 17 year old may travel if we have prior written parental consent and must have the relevant liability forms signed by a parent or Guardian. Introductory diving: The minimum age is 12 to participate in introductory dive. Any person under the age of 18 must have the relevant liability forms signed by a parent or Guardian.
During time on board our vessel, customers will be in close proximity with other guests and our crew. Should any customer conduct themselves in an abusive, inappropriate or threatening manner or in any other way so as to make themselves objectionable to fellow guests or our crew, we reserve the right to have them leave the vessel at the earliest opportunity. The Master of the Vessel has the absolute discretion to make any decisions in this regard and the decision of the Master of the Vessel will be final. We will not give any refund of tour costs if a customer is unable to complete the tour because they have been removed at the Masters decision.
The laws of Queensland apply in relation to these Terms and Conditions and our business. It is a fundamental condition of this contract between you, and/or your client and us, that to the extent permitted by law, we (including our directors, employees, agents and independent contractors) are discharged and indemnified by you /or your client (including by your /or your clients executor(s), administrator(s) and dependent(s)) from any liability for any loss, damage, death or injury whatsoever arising out of, or incidental to, this diving trip and other services provided by us, whether or not such damage or personal injury is caused or contributed to by us.
You/or your client acknowledge and agree that:
- They will be participating in activities, which are undertaken for the purposes of recreation and involve a significant degree of physical exertion and/or physical risk;
- They are aware of the risks of injury associated with your participation in this diving trip and agree to voluntarily assume such risk;
- The use of any equipment hired or loaned by us is entirely at their own risk. Notwithstanding the above, we reserve the right to rely upon any limitation of liability and/or defence available under any applicable law(s) and/or international convention(s) for any claim made by you or your client against us.
12. Image Use/Privacy
The passenger acknowledges and gives consent for Tusa Dive by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture the passenger’s image, likeness, voice, performance or all of these (“Images”) during the course of this activity / tour. The passenger acknowledges and gives consent for Divers Den Investments Pty Ltd to receive and use Images of the passenger from other. Tusa Dive may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include, but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world.
The Images may be altered, modified, changed, combined or incorporated into other works. The images may be published internationally within printed brochures or websites, and hosted in data centres outside of Australia. The passenger has a right to request access to the passenger’s Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for Divers Den Investments Pty Ltd to make any changes to the Images. The passenger authorises Divers Den Investments Pty Ltd to refuse the request to correction in such circumstances.