Terms Of Use
This document outlines the terms of use (the "Terms of Use") of LiveAboard.com B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, registered with the Dutch trade register under number 58348336 ("LiveAboard", "us", "we" or "our").
These Terms of Use are applicable to all offers, agreements and other legal relations between you and us. By using our Website and/or concluding a Reservation, you accept that these Terms of Use apply.
Some definitions of the words we use:
Guests: The people going on the liveaboard cruise described in the Reservation that you have made.
Organizer: The party that offers Liveaboard Trips through the Website.
Liveaboard Trip: A liveaboard cruise, including all arrangements that are stated as included by the Organizer.
Reservation: Agreements between you and Organizers with respect to a Liveaboard Trip.
Website: our website - www.liveaboard.com - including all pages.
1. Our services
1.1. LiveAboard provides services as a retailer within the meaning of section 7:500(i) of the Dutch Civil Code and section 3(9) of the EU Travel Directive 2015/2302. As such, LiveAboard acts as an intermediary between you and the Organizers. We bear all responsibilities that Dutch law imposes on retailers of travel packages and are responsible for correct execution of the Reservation process. If you decide to make a Reservation, the travel agreement is directly between you and the Organizer and LiveAboard is not party to that agreement.
1.2. We offer our services at no additional costs for you. Organizers pay a commission to us when you make a Reservation with them through our Website.
1.3. We always aim to reflect the accurate prices and availability of the Liveaboard Trips on our Website, but we depend on the Organizers to provide this information. We are not responsible or liable if availability and/or prices differ from what is shown on our Website, but you will be able to cancel your Reservation at no additional cost if this happens.
2. Reservations
2.1. Reservations can be made through the Website. As we are not the organizer of the Liveaboard Trip, Reservations are subject to the availability of the requested Liveaboard Trip of the Organizer.
2.2. In some cases, we need extra information (for example passport copies, evidence of guest insurance, health certificates or flight details) to complete a Reservation. As long as you have not supplied this information, we cannot finalize the Reservation.
2.3. Until you have received a confirmation that the Liveaboard Trip is available on the dates you request and that the Reservation is finalized, you cannot rely on a Reservation being in place. Make sure to await this confirmation before you make any connected travel arrangements (e.g. booking flights, accommodations or transfers).
2.4. If you have any special requests for your Reservation (for example dietary requests, rental gear, cabin facilities or activities), please let us know as part of the Reservation process or immediately thereafter. As we are an intermediary and not an Organizer, we will discuss with the Organizer whether these requests can be met. Keep in mind that additional services may result in additional costs. If agreed upon, these requests become part of the direct agreement between you and the Organizer, and we are not responsible for whether these requests are met.
3. Your responsibilities
3.1. By making a Reservation, you agree to be responsible for reviewing the standards and requirements of the Organizer, and ensuring that all Guests adhere to these requirements. The requirements differ per Organizer and per Liveaboard Trip, but may include minimum diving experience and certification requirements (g., dive certification), health and disability requirements, insurance requirements, personal information to be provided to the Organizer, and forms that Guests may be required to sign, such as medical statements, liability releases and/or assumption of risk agreement forms. If Guests have any physical or mental illness, disability or other conditions for which special arrangements are necessary or contemplated, you have to let us know as soon as possible after concluding the Reservation, so we can discuss with the Organizer if and how they can accommodate this.
3.2. You are responsible for all Guests arriving at the port or mooring location of the liveaboard or cruise boat at the date and time agreed in the Reservation. If any Guest fails to reach a liveaboard or cruise boat by the scheduled time of departure, you will be responsible for all costs involved, including but not limited to catching up with the boat (if it is possible to arrange this locally), staying at onshore accommodations and alternative diving arrangements. At your request, we can offer suggestions for airlines, hotels and transfer options, but we hold no affiliation with these companies and thus cannot be held accountable for their services. We cannot assist with any passport, visa or health requirements set by any country or Organizer.
3.3. You are responsible for all Guests adhering to the rules and requirements imposed by the Organizer, including any rules that apply to and on the boat. If any of the Guests do not comply with any of these rules or requirements, the Organizer (or captain of the liveaboard) has the right to deny entry on board, deny diving activities or any of the other activities offered by the Organizer as part of the Reservation.
4. Payments
4.1. A deposit payment is due on the date of confirmation of the Reservation. The full amount will be due if the Organizer requires full payment or in case of a last-minute Reservation. Until full payment of your Reservation is received by us, the Organizer can still cancel the Reservation or we can cancel the Reservation on behalf of the Organizer. For further details on cancellation and amendments, please see clause 5 and the amendment and cancellation policy of the relevant Organizer.
4.2. You can pay online by means of various online payment methods, including credit card (all major credit cards) and PayPal or manually with a bank transfer after your Reservation request. We reserve the right to charge the costs incurred for payments that are not performed correctly (such as credit card chargebacks and/or non-OUR bank transfers). We rely on our partners, such as banks and other payment service providers for payment and transactional services, and we cannot be held responsible for their services.
4.3. After payment has been received, we will send a Reservation voucher to the email address you provided. This voucher serves both as proof of your Reservation and as an invoice for your administration. Please bring a copy (digital or physical) with you when boarding the cruise and also keep a copy for future reference.
4.4. All our rates are displayed and charged in Euro or USD. Amounts in other currencies are for reference only, and may vary over time depending on exchange rate movements. We cannot be held responsible for any additional fee your bank or credit card provider might charge you for this transaction. Any refund we make to you will always be made in the same currency as the original payment you made.
5. Cancellation & Amendments
5.1. The amendment and cancellation policies of each Organizer are available for review during the Reservation process. When you make a Reservation, you automatically accept the cancellation policy of the relevant Organizer. If you want to amend or cancel your Reservation, we can liaise between you and the Organizer, but as the agreement is directly between you and the Organizer, it ultimately depends on the terms of the Organizer if and on what terms amendments and cancellations are possible. To avoid misunderstandings, we always ask you to make or confirm an amendment or cancellation request via email to booking@liveaboard.com.
5.2. In case of a (partial) refund, we will apply a 3% administration fee to cover our credit card, bank transfer and handling costs incurred. This fee is calculated on the total amount of the Reservation.
6. Best Price Guarantee
6.1. We offer a best price guarantee: if you find another website and/or agent providing lower rates for the same Liveaboard Trip, we will match the price. You will need to contact us before payment of your booking and send us a link to the website where the trip can be found.
6.2. Keep in mind that we will only match the price if all the details are the same (this includes same boat, same dates, same cabins, same Reservation conditions, same included and excluded extras). If any aspect is different, we will not be able to modify your Reservation. Unfortunately, we can also not match the price if the applicable rates are lowered because of special memberships or loyalty programs.
7. Liability
7.1. The Reservation is an agreement between you and the Organizer. LiveAboard only acts as a retailer and therefore cannot be held liable if the Liveaboard Trip does not match what was agreed in the Reservation. This includes if this mismatch is due to shortcomings by the Organizer, or in case of circumstances that are unforeseen or beyond our or the Organizer's control.
7.2. All information on our Website is provided in good faith and is believed by us to be correct at the time of publication, but we cannot be held liable for any inaccuracies due to information provided to us by the Organizers. In any event, we are not responsible and cannot be held liable for wrong information published on websites other than our own Website.
7.3. We are not responsible or liable for any losses you suffer (including for example any missed flights) due to delays of flights or transfers, nor for any personal injuries, property damage, or wrongful death that may occur during the Liveaboard Trip, nor for acts or omissions of the Organizer or other third parties.
7.4. The Organizer may amend Reservations in case this is deemed necessary, in line with the terms of the Reservations and permitted under applicable law. LiveAboard cannot be held liable for any disputes between Guests and the Organizer or damages arising from these amendments.
7.5. If, regardless of what is stipulated in this clause 7, LiveAboard is held responsible and/or liable for any costs incurred by you or Guests, our liability is limited to the amount paid out in respect thereof under our insurance. If the damages are not covered by our insurance, our liability is limited to the amount actually received by us from the Organizer for the service(s) we provided (i.e. the commission amount mentioned in clause 2).
8. Assistance, Complaints & Disputes
8.1. If you or any Guest have any questions or complaints regarding any aspect of the Liveaboard Trip, please let the Organizer know as soon as possible. The longer you wait with filing any complaints, the more difficult it will be for the Organizer to resolve the issue. As mentioned in these Terms of Use, the Organizer, and not we, is responsible for carrying out the Liveaboard Trip correctly, but if you cannot resolve the matter with the Organizer, let us know and we will review how we can assist.
8.2. If you or the Guest are facing travel difficulties as meant in section 7:513 of the Dutch Civil Code, the Organizer is obligated to provide you with assistance, such as providing information on health services, local authorities and consular assistance (e., embassies, consulates or other representations). The Organizer is also responsible for helping you or the Guest find alternative travel arrangements and provide assistance with remote communications.
8.3. If you file your complaint of the services provided by the Organizer directly to us, we will forward your complaint to the Organizer without undue delay. The same applies to any other messages that should ultimately reach the Organizer, including messages regarding travel difficulties.
8.4. If the complaint is about the services provided by us (for example the Website, payment collection and/or Reservation process), please submit your complaints through our contact form.
9. Miscellaneous
9.1. The original English version of these Terms of Use has been translated into other languages. In case of a dispute about the contents or interpretation of these Terms of Use or discrepancy between the English version and any other language, the English language version to the extent permitted by law shall prevail. The English version is available on our Website.
9.2. We may amend these Terms of Use without your prior consent. The most recent version of these Terms of Use will always apply.
9.3. If any provision of these Terms of Use is held to be unlawful, void, voidable or otherwise unenforceable, this shall not alter the validity and enforceability of the remaining provisions of these Terms of Use. The unlawful, void, voidable or otherwise unenforceable part shall be (deemed to be) replaced by a valid and enforceable provision that comes as close as possible to the purpose and scope of the replaced provision.
9.4. You agree in advance that LiveAboard may transfer its rights and obligations under these Terms of Use to third parties.
9.5. Deviations from these Terms of Use shall only be legally valid if and insofar they have been agreed in writing. You cannot derive any rights from such deviations with regard to legal relations entered into at a later date.
9.6. If we do not enforce (parts of) these Terms of Use, this cannot be regarded as a waiver of the right to enforce it at a later date.
9.7. By submitting a review, you grant us the full, transferable and irrevocable rights to it, including the use of your name for publication. We may use, translate, reproduce, refuse or remove reviews at our sole discretion.
9.8. All of the information on our Website is protected by copyright and cannot be duplicated, copied or used for any commercial purpose without our explicit and written consent.
9.9. You are not allowed to re-sell, deep-link, use, copy, spider or scrape, display, download or reproduce any content or information, software, products or services available on our Website for any commercial or competitive activity or purpose.
10. Privacy
10.1. We process personal data and track cookies. We comply with the General Data Protection Regulation and other relevant data protection laws and regulations. Our policy regarding your privacy and how we use cookies on this website is outlined in our privacy policy.
11. Governing Law and Jurisdiction
11.1. These Terms of Use and all other legal relations between you and us are governed exclusively by the laws of the Netherlands. In addition, you and (other) Guests also enjoy the protection of the mandatory provisions of law of the EU Member State where the Guest has their habitual residence.
11.2. We aim to resolve disputes and claims in a friendly manner first. If this does not succeed, all disputes will be exclusively submitted to the competent courts in Amsterdam, the Netherlands.
12. Questions, Comments or Suggestions
We are always happy to hear from you. If you have questions, comments or questions, please reach out to us.
13. About LiveAboard.com
LiveAboard.com B.V.
Keizersgracht 307-2
1016 ED Amsterdam
The Netherlands
Email address: booking@liveaboard.com
Phone number: +31(0)85 888 5833
Chamber of Commerce Number: 58348336
VAT Number: 8529.98.375.B.01
