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Terms and Conditions

General

We refers to Specialized Scuba, Inc., its employees, agents, officers and directors, the captain and crew on the vessel, the owners, lessees and Management Company of the vessel and their agents, employees, officers and directors. You means you and your guests, family and invitees.

Store Returns, Refunds and Exchanges

Within 30 days of purchase, you may exchange or return any unused item purchased through our store except for custom videos or images, personalized items or other special or one of a kind products.

All returns must have a RMA prior to shipment. Contact us at our office in Miami, Florida for your RMA and shipping address.

You are responsible for return shipping. All returned products must be in original condition with original packaging so they can be re-sold as is, otherwise there will be a 15% re-stocking charge. You will be credited in the same manner as your payment. If you want to exchange, we will pay for shipping of the new item upon satisfactory receipt of the item being exchanged.

If the product is used, damaged or otherwise not able to be sold as new, you are not entitled to a refund from us.

If the product is defective we will work with you at the time of the issuance of the RMA to determine return conditions.

SailDives and other Trips

Agreement, Rules and Regulations - You agree to the following as a condition of your participation on our trips:

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  1. Payment in Full - After the temporary hold has expired, if applicable, you will pay for your purchase in full to confirm your booking. If there is a written payment agreement, failure to make any payment timely and in full will result in forfeiture of all amounts paid prior thereto. Late or partial payments or deposits do not hold cabins. All payments must be made through the website at SpecializedScuba.com, or via PayPal invoice, or by check mailed to our office in Miami, Florida, subject to clearing. Cash deposits are not valid. No person may accept a deposit in cash. All credit card payments are subject to a 3.5% surcharge.
  2. Cabin Selection - Cabins will be assigned in the sole discretion of Specialized Scuba, Inc. without regard to any procedure or method that may have been used in the past.
  3. Photos and Videos - You agree that we may in perpetuity copy, publish, and use photos and videos of you, your family and/or guests on our trips in videos or photos sold to other passengers, in promotional materials, and as, in or on products sold to the public without compensation to you or your estate.
  4. Protect The Vessel and Property - You agree to keep the vessel(s) and cabins and all its contents, dive equipment and inventory in good and clean condition and not to damage, or cause, or permit, or suffer any damage to be caused to the same.
  5. Indemnify - You agree that with respect to anything that occurs or omissions that occur during your period of occupancy you shall save and hold harmless, and shall indemnify us, and/or Specialized Scuba, Inc., its officers, directors and/or employees and the owners, lessees of the vessel, including the Management Company thereof and its/their agents, employees, officers and directors from and/or against any damage, loss, attorney fees or court costs, claims, personal injury, loss of income, trip interruption, vessel deterioration or dilapidation (over and above fair wear and tear and damage or destruction by fire or any risk insured against) which may have taken place during the period of this occupancy as to which we shall be sole judge.
  6. Maintenance and Repairs - In the event of any repair or maintenance needed to be carried out in the vessel(s) and its cabin(s) during the period of occupancy of the cabin(s) to allow access on reasonable notice, (except in the case of an emergency) to necessary authorized persons, to enable such work to be carried out with all due diligence and speed and so far as is reasonably possible, not to interfere with your enjoyment of the occupancy of the cabin(s) on the vessel(s).
  7. Private Residence for Adults - You agree that during the period of occupancy, to use the cabin(s) solely for the purpose of private residence for persons 16 years of age or older.
  8. Captain's Orders You will comply with the rules, directions and orders of the captain while on board the vessel.
  9. Nuisance - You shall not do cause or allow anything which would constitute a nuisance to any other Crew, Member, Guest, or any other person on the vessel, and in particular, but without prejudice, to the generality of the following:
    1. Not to cause any noise which may be audible from the outside of the cabin(s) and, in particular, between the hours of 10 pm and 8 AM.
    2. Not to let children play anywhere on board unattended, and in particular, in common areas or passageways leading to the cabin(s).
    3. Not to bring any animals or birds on board the vessel(s).
    4. Not to throw any waste from portholes or deck into the water.
    5. Not to allow more persons to occupy the cabin(s) than stipulated in the Agreement or as otherwise permitted by us, the Captain, or the Management Company of the vessel.
    6. Not in any way make any alterations to the vessel(s) or its cabin(s) or the contents thereof.
    7. Not to smoke in the cabins or anywhere within the vessel, unless the captain has specifically authorized you to do so.
    8. Not to possess or use any illegal drug on the vessel.
    9. To allow access to clean the cabin(s) from 9 AM on the last day of the occupancy period in order to make it ready for the next member or their guests to utilize the premises from 5 PM on the same day.
    10. To vacate the vessel(s) by 9 AM on the last day of occupancy.
  10. Insurance and Assumption of Risk - You are responsible for taking out insurance to cover you for any losses or claims in connection with a cancellation of the holiday due to circumstances beyond the control of us or the Management Company of the vessel and you shall obtain insurance to cover all medical costs for you, your family and guests, such insurance to also provide coverage for any accident or sickness during the period of occupancy.
  11. Acts That Affect Insurance Premiums - Not to cause, permit or suffer to be caused any act or omission which would render void or violable the insurance of the vessel(s) and its contents, or any other insurance for the time being in force and relating to the vessel(s) or the organization as a whole, or might operate to increase the premium payable in respect of any such insurance, and to indemnify us and/or the Management Company of the vessel against any increased or additional premium which may be reason of any such act or default may be required for effecting or maintaining any insurance, and in the event of the vessel(s) and/or its cabin(s) or the contents thereof being damaged or destroyed by any such risk and the insurance money being wholly or partially irrevocable by reason solely or in part of any act or default of the Member or Guest of the member, then and in every such case may require a fair proposition to be conclusively determined by a surveyor to be appointed by the Management Company of the vessel of the cost of rebuilding and reinstatement of the same as the case may be together with the whole or such proportion as aforesaid of the fees of such surveyor.
  12. Liability Limitations - Our, and the Management Company of the vessel, and their directors, officers agents and employee's liability under this agreement shall be limited to such compensation, if any, as may be rewarded by a British Virgin Island's court of competent jurisdiction or the refund of the purchase price, whichever shall be the lesser.
  13. Passport Information - You agree to provide Passport Information as requested in advance of sailing. When sailing with us in certain destinations we need to clear you with customs and immigration at each port of call. This takes time and a considerable amount of paperwork. Giving us your passport information allows us to complete this paperwork up front which means you are not held up in port. By having your passport details before you arrive we can contact the various authorities in order to speed up this process thus avoiding our Captains queuing and our yachts from being held up, wasting hours of your valuable vacation time.
  14. Changes in Itinerary - The itinerary, number and/or specification of dive sites, locations visited and activities planned or permitted may change, be altered, amended, or deleted in whole or in part as may be necessary, reasonable, or as otherwise determined in our discretion or the Captain of the vessel or the Management Company of the vessel, based upon conditions or circumstances that may exist from time to time before or during the excursion.
  15. Scuba Diving Rules - you specifically agree:
    1. You will provide dive certification and identification credentials when requested
    2. You must bring your certification card with you in order to dive even if you have provided the information in advance.
    3. You will sign typical medical disclosures, releases and waivers as requested as a condition of diving.
    4. You agree to follow and strictly adhere to all PADI standards and procedures.
    5. All divers must have full PADI or other accepted certifying agency equivalent open water certification, or higher. "Hotel" or other limited certifications will not be accepted and such persons will not be permitted to dive.
    6. All dives must conform to recreational diving limits.
    7. Decompression dives are not permitted.
    8. Dives exceeding dive tables are not permitted
    9. Dives exceeding 100 feet are not permitted, except in such cases where a deep dive is planned by us and you have the proper Advanced deep dive certification for such a dive.
    10. No mixed gases or Nitrox.
    11. No one will be permitted to dive alone nor shall anyone be permitted to dive unescorted.
    12. No alcohol consumption before dives.
    13. You will comply with the directions, rules and procedures of the dive leader/master/instructor in connection with all dives.
  16. Defiant Refusal to Comply with Rules - We reserve the right to prohibit further diving and/or participation on the trip, by anyone who intentionally violates our diving rules or if such a person defiantly refuses to cooperate with the rules of this agreement, the directions of the captain of the vessel or the directions of the dive leader/master/instructor in connection with any diving activity (including but not limited to the intoxication or other condition of the diver that in the sole discretion of the dive leader/master/instructor adversely affects the ability of a diver to participate in a dive) and/or poses a danger to other divers/passengers, then in such event and with the consent of the captain, you may be put off the ship at the next port and shall have no claim for damages or recourse against us, or the captain, or the Management Company of the vessel.
  17. Subrogation - You agree to subrogate to us all rights and remedies that you may have or be availed of in connection with any loss or damages in connection with the excursion.
  18. Refunds and Cancellation In the event that a confirmed excursion is canceled by us, the Captain of the vessel, or the Management of the vessel, you shall be entitled to a 100% refund of the amount you paid to us. In such cases the refund may only be made using the same method as payment. Refunds shall be issued within 10 days of cancellation. You may also transfer your deposit/payment to another trip week and/or location with our Price Lock Guarantee: your price on the subsequent trip week/location will be the price that was in effect for that trip week/location at the time of your initial deposit. You are not entitled to any additional compensation for travel costs, lost opportunity or for any reason whatsoever and any other claims for losses by you must be made under your trip insurance policy. If you need to cancel for any reason, there is no refund and you must make you claim under your trip insurance policy.

Taxes

You are responsible for any sales, use, VAT, income, property or other taxes that may arise as a result of your place of residence. If such taxes are due and you fail to pay them, you shall indemnify, save and hold us harmless for all claims, suits, attorney fees and costs that may arise in connection with same.