SCUBA-DIVING-WATAMU LTD. – Terms and Conditions ( Oktober 2001)
General business terms and conditions (translation of the original terms)
Terms and conditions regarding the accomodation.


1. Completion of the accomodation contract. By completing the reservation the customer undertakes a legally binding holiday contract with SCUBA-DIVING-WATAMU LTD. The reservation can be made in writing, verbally or by telephone. The person who makes the reservation is contractually responsible both for himself and for all the participants included in the booking provided he has specifically declared such specific responsibility. The contract takes effect through acceptance of the reservation by SCUBA-DIVING-WATAMU LTD. The acceptance can be carried out in any form, verbal or written. With, or immediately after, completion of the contract SCUBA-DIVING-WATAMU LTD. will provide the customer with travel confirmation. If the details of the travel confirmation deviate from those of the reservation, then SCUBA-DIVING-WATAMU LTD. has thus provided a new offer to which they are bound for a period of ten days. The contract takes effect based on this new offer when the customer accepts the contract within the period specified by SCUBA-DIVING-WATAMU LTD.


2. Payment Upon completion of the contract, a deposit in the sum of 10% of the total cost of the holiday becomes due, to a maximum of € 265. -. The total cost of the holiday is due at the latest 30 days before the date of departure, provided that the holiday can no longer be cancelled under any grounds contained in paragraph 7.


3. Services The services that are contractually agreed are those included in the description of the services within the brochure, our Internet pages, and the relevant information in the confirmation of booking. The information contained in the brochure is for SCUBA-DIVING-WATAMU LTD. binding. SCUBA-DIVING-WATAMU LTD., however, expressly reserves the right before completion of the contract, to alter the information contained in the brochure. The customer will, of course, be informed of such changes prior to reservation. Minor alterations to the accommodation are however allowed without consultation with the customer, providing that the actual character of the booked accommodation is not changed.


4. Alterations to services and price Alterations or deviations to individual services in the agreed content of the holiday contract that become necessary after completion of the contract are only allowed in as much as the alterations or deviations are not significant and do not impair the overall quality of the booked accommodation. Possible guarantee claims remain unaffected in as far as the changed services are full of deficiencies. SCUBA-DIVING-WATAMU LTD. reserves the right to change the printed, and with the reservation confirmed prices, and to alter the extent to which such an increase affects the price per person or per seat, provided that no less than 4 months lie between the completion of the contract and the date of departure in the case of: increases in the transportation expenses; increases in the deposits for certain services such as harbour or other taxes; and alterations to the current exchange rate for the holiday concerned.


5. Cancellation by the customer, changes in reservation, substitute persons

5.1 The customer can withdraw from the holiday at any time before the date of departure. Notice of cancellation must be received by SCUBA-DIVING-WATAMU LTD. The customer is recommended to give the cancellation in writing. In the case of the customer withdrawing from the holiday contract, or failing to appear for the holiday, the holiday organiser can demand compensation for the holiday arrangements and services for his expenditures as follows: more than 45 days before date of departure 65% of total cost of the holiday to be paid 44 to 21 days before date of departure 75% of total cost of the holiday to be paid 20 to 15 days before date of departure 80% of total cost of the holiday to be paid less than 14 days before date of departure 85% of total cost of the holiday to be paid

5.2 Up until the date of departure the customer can request that a third party takes over his rights and obligations in respect of the holiday contract. SCUBA-DIVING-WATAMU LTD. can refuse substitution by a third party when the third party does not fulfil the particular requirements, or his participation is prohibited by lawful regulations or official orders. Should a third party enter into the contract, then both he and the original customer are responsible to SCUBA-DIVING-WATAMU LTD. for the total cost of the holiday and the additional costs arising through the substitution by the third party.

5.3 In the case of a cancellation SCUBA-DIVING-WATAMU LTD. can demand repayment from the customer of the actual additional costs created.

6. Services not used If the customer does not make use of various services because of an early return trip, or due to other necessary reasons, then SCUBA-DIVING-WATAMU LTD. will try to reimburse the spared expenditures. This obligation does not apply for totally insignificant services, or if lawful or official regulations oppose a reimbursement.

7. Cancellation and termination by SCUBA-DIVING-WATAMU LTD. SCUBA-DIVING-WATAMU LTD. can withdraw from the holiday contract before commencement of the holiday, or cancel the holiday contract after commencement of the holiday, in the following cases:

7.1 Without period of notice If the customer, despite a warning on the part of SCUBA-DIVING-WATAMU LTD., persistently disturbs the execution of the holiday, or if he acts in such ways in breach of contract, then the immediate annulment of the contract is justified. Should such a cancellation become necessary, SCUBA-DIVING-WATAMU LTD. reserves the right to retain the full cost of the holiday.

8. Annulment due to unusual and unforeseeable circumstances Strike, war, fire, natural disaster, traffic disturbance, disturbance in the supply of energy or basic necessities, other cases of higher forces, and other unusual events for which SCUBA-DIVING-WATAMU LTD. are not responsible, release them for the duration of the effects of their obligation to fulfil the contract.

9. Liability on the part of SCUBA-DIVING-WATAMU LTD.

10. Guarantee
10.3 Damages

11. Limitation of the liability

11.2 A damages claim against SCUBA-DIVING-WATAMU LTD. is insofar limited or excluded based on international agreements or on such founded lawful rules that apply to a provider of services in providing the services. A claim for damages against the service provider can only be made valid under certain prerequisites or limitations, or under certain prerequisites is excluded. 12. Obligations The customer is obligated upon occurrence of disturbances to services to, within the framework of the lawful regulations, assist in avoiding or minimising possible damages. The customer is particularly obligated to bring his complaints immediately to the knowledge of the management. Should the customer fail to report a deficiency/fault then he subsequently has no right to claim a refund/reduction.

13. Exclusion of claims and limitations The customer must subject his claims to the holiday organiser in respect of matters arising not in accordance with the contract within one month of the contractual completion of the holiday. After the end of the period, the customer may assert a claim if he has been prevented, through no fault of his own, in meeting the deadline. The rights of the customer to claim under the contract lapse within six months from the date of contractual completion of the holiday. If the customer has asserted such claims, so is the limitation of six months hindered up to the day on which the holiday organiser rejects the claim in writing. Claims from forbidden actions lapse in three years.

14. Passport, visa, and health regulations The customer is responsible for the observance of all important regulations necessary for carrying out the holiday. All disadvantages, especially the payment of cancellation expenses, that arise from the non-compliance of these rules are the customer’s responsibility, except when they arise as a result of false information or non-provision of information by SCUBA-DIVING-WATAMU LTD.

15. Additional terms and conditions for all diving courses The terms and conditions of SCUBA-DIVING-WATAMU LTD. are valid subject to the herein mentioned terms and conditions for diving courses. SCUBA-DIVING-WATAMU LTD. trains suitable persons according to the training regulations of the PADI Diving Association Ltd. in the courses “Open Water Diver”, “Advanced Open Water Diver”, and “Rescue Diver”. Each participant of a course is obliged to follow and strictly obey the orders of the teaching personnel. The participant is fully liable for damages resulting from non-compliance with this obligation.

16. Additional terms and conditions for all diving excursions The terms and conditions of SCUBA-DIVING-KENYA LTD. are valid subject to the herein mentioned terms and conditions for diving excursions. Diving security regulations: each diver dives at his own responsibility and at his own risk; each diver commits himself to heed the following regulations, and agrees to this with the registration for diving excursions. If a diving accident should occur, the diver is liable for possible damages and expenditures resulting from his rescue. If the diver is responsible for an accident himself, and the excursion must be postponed or even cancelled as a result, then the diver is liable to SCUBA-DIVING-WATAMU LTD. for the entire expenditures that SCUBA-DIVING-WATAMU LTD. incur. The diver confirms with his signature upon the registration form: - that he is, according to medical examination (within the last two years), fully capable of diving, - that he fulfils the prerequisites regarding the qualification (at least Padi Open Water Diver or comparable), - to follow the instructions given by the diving teacher and the skippers, - to heed the general basic rules of diving, - that he dives always at his own risk. It is highly recommended to take out a diving insurance policy.

17. Jurisdiction The contract conditions are subject exclusively to the rights of the Republic of Kenya. The application of the international purchasing rights is excluded.

17.1. For Vollkaufleute, for persons who have no general jurisdiction within the country, also for persons that have, after conclusion of the contract, transferred their residence or place of stay to a foreign country, or are not known at their residence or place of stay at the time of the lawsuit, the court jurisdiction is Mombassa/Kenya.

17.2. Place of implementation is the business headquarters of SCUBA-DIVING-WATAMU LTD.

18. Salvatorial clause Should one of the clauses be, or become, ineffective, then the effectiveness of the remainder of the contract will not be affected. Verbal additional agreements are not binding and to be effective require written confirmation. In case of doubt, the text of the german version is valid SCUBA-DIVING-WATAMU LTD.