The island nation of Indonesia straddles the equator between the Indian and Pacific Oceans and lies at the heart of the ‘Coral Triangle’ - the epicentre of the world’s marine biodiversity. Nowhere on earth can visitors experience such a range of spectacular diving - from encounters with huge whale sharks and oceanic manta rays, to muck dives with beautiful Rhinopias and the exceedingly rare psychedelic frogfish.
1.1 Who We Are
We are ZuBlu Ltd, a limited company incorporated in England and Wales with company number 10817094 whose registered office is at 6 Roseville Street, Dartmouth, Devon, TQ6 9QH, United Kingdom. We act as a booking agent for your travel related needs.
1.2 What These Terms and Conditions Cover
These Terms and Conditions describe what you are legally entitled to expect from us when you purchase travel related services through us. In addition they describe your obligations as a customer. The terms "we", "us" and "our" refer to ZuBlu Ltd. The term "you" refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
1.3 How to Contact us
You can contact us by telephoning our customer service team at +852 6545 9965 or by writing to us at email@example.com or 6 Roseville Street, Dartmouth, Devon, TQ6 9QH, United Kingdom.
1.4 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Products and Suppliers
We arrange on your behalf a variety of travel related services from different suppliers and service providers ("Supplier/s").
Each Supplier will provide the services in accordance with its own terms and conditions. Some of these terms and conditions may limit or exclude the Supplier's liability to you, and everyone you are booking on behalf of, usually in accordance with an applicable International Convention or local law. Copies of their terms and conditions are available on request from us or from the relevant Supplier and should be considered and understood before making your travel plans.
The images and descriptions of the destinations, excursions, facilities and accommodation on our website are for illustrative purposes only. We have made every effort to display and describe them accurately but there may have been changes that we are unable to reflect.
3. Making a Booking
We are acting as an intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., hotel accommodations, cruises, meals, scuba diving and other activities, tours, transfers, etc.). We are not a co-vendor of, and will not be responsible for the supply of, such products and services. You will be entering into a separate contract with the Supplier in connection with each product and service.
When you make an enquiry we will make suggestions and propose arrangements which may suit your needs. You will be sent details of these arrangements to approve before any booking is made with Suppliers on your behalf. You should check the accuracy of this information you are sent carefully, including but not limited to the dates, names, times and locations. Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy. If you confirm to us that the proposed arrangements are correct and we should proceed to make the booking on your behalf you will be bound into a contract with the Supplier.
3.1 Things to Check Before you Book
It is your responsibility to check that you and everyone you are booking on behalf of has the correct qualifications and experience for the arrangements you intend to book. It is your responsibility to review your Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk. It is your responsibility to ensure you and everyone you are booking on behalf of can fulfil the passport, visa and other immigration requirements applicable to your arrangements’ itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you or anyone you are booking on behalf of being unable to travel due to not complying with any such requirements.
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for yourself and everyone you are booking on behalf of for the duration of your journey. You should have this in place prior to the start of your journey and you should check whether travel and scuba diving insurance is a mandatory element of your arrangements.
You should refer to the travel advice posted by your relevant governmental department for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for yourself and everyone you are booking on behalf of for your itinerary.
3.2 Your Obligations on Booking
By booking your arrangements with us you are agreeing on behalf of yourself and those you are booking on behalf of to be bound by these Terms and Conditions, and any additional terms and conditions of any Supplier that are applicable to your arrangements. You agree on behalf of yourself and those you are booking on behalf of to comply with these Terms and Conditions and all such additional terms and conditions, including the payment of all amounts when due. You agree that any violation of any such Terms and Conditions and any such additional terms and conditions may result in (a) the cancellation of all or part of your arrangements, (b) your forfeiture of any monies paid for all or part of your arrangements, (c) you and those you are booking on behalf of being denied access to the applicable product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant to us that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use (this will normally mean you are over 18 years old), (b) you are legally authorised to act on behalf of those you booking for and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing everyone you book for of all terms and conditions applicable to their arrangements. You understand that you are financially responsible for any use of our services by you and those you book on behalf of.
4. Deposits and Payment
Payment of a deposit enables you to hold a reservation but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel or requested documentation has been issued by you subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment amount, you are authorising us to make the payment arrangements with the corresponding Suppliers. Be aware that any deposit may be non-refundable subject to any terms and conditions of the Supplier.
We reserve the right to refuse personal cheques as a method of payment. After full payment, the terms and conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. Acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
5. Financial Protection
In accordance with The Package Travel, Package Holiday and Package Tours Regulations 1992, we protect your package booking through a ‘Trust Account’ payment system managed by our independent travel payment protection specialists Trust My Travel Ltd. Your payments are initially deposited and held in a Trust Account and cannot be released until all contractual obligations have been filled and your holiday has been completed or until the appropriate financial failure insurance is put in place.
For your financial protection ZuBlu Ltd is a member of Trust My Travel and our membership number is 51403. We are a Protected Processing Member of Trust My Travel and our membership logo is available to view on our website.All client money, whether by bank transfer or card payment is paid into an independently managed Trust Account held at Barclays Bank in the UK. This means in the unlikely event of our financial failure you will receive a refund for the services you have paid for. Money is not received by us until all suppliers have have been paid and you have completed your trip. Trust My Travel is Authorised and Regulated by the Financial Services Authority under the PSR 2009: No. 569641. For more information about how your payments are protected please visit trustmytravel.com/terms for more information. Should you have any questions about how you are protected or want to make a claim, please contact firstname.lastname@example.org and quote your booking reference. Trust My Travel is Authorised and Regulated by the Financial Services Authority under the PSR 2009: No. 569641.
We use Trust My Travel so that our customers can feel confident transacting with us, and have the necessary protections in place in the event that our business is unable to provide the product sold. Your booking is protected by Trust My Travel in compliance with the Package Travel Regulations in the UK & Europe.
If you book arrangements which are not a package (as defined by The Package Travel, Package Holidays and Package Tours Regulations 1992) through us the protection referred to above does not apply and in this case your only recourse if any may be to go directly to the Supplier.
6. Cancellations and Changes by Suppliers
Your contract with your Suppliers may allow them to cancel or amend bookings. As your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative arrangements if one is made available by the Supplier, or cancelling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply.
We do not make bookings for air travel and have no control over airline schedule changes and accept no liability for costs that may arise as a result of such changes even if these affect your ongoing travel or other arrangements. If this issue occurs you should consult your airline and/or your insurers.
7. If You Change Your Booking
Where a change requested by you to your arrangements is permitted and possible, our standard service fees will apply in addition to any additional Supplier charges. Please contact us to enquire about changes. Please note that all changes are subject to availability and the terms and conditions of the product or service purchased.
Changes to name details are not allowed by many Suppliers. While we will endeavour to make such a change if necessary, please bear in mind that most Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.
8. If You Cancel Your Booking
If you cancel your arrangements, you may be entitled to a partial refund, subject to the terms and conditions of the contract with your Supplier. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation. Any transfer fees incurred by us in the processing of a refund will be deducted from the refund amount. We need to receive from you a request in writing from you, via the email used when booking, before any applicable refund can be considered.
Refunds will only be paid to you once we have received the funds back from the Supplier(s). We are not responsible for a Supplier’s failure to pay a refund.
We recommend you and those for whom you book always have adequate travel insurance in place prior to the start of your journey. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
9. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your hotel) immediately and follow this up in writing if possible. Should they be unable to resolve the matter, please immediately contact us either via the email address you made your arrangements, or through www.zubludiving.com. If you fail to timeously contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect our ability to help resolve your complaint.
If you want to notify us of a complaint on your return you should do so in writing within 28 days giving full details of your complaint and we will seek to resolve your complaint as soon as reasonably possible.
10. Warranties, Disclaimers, and Limitation of Liability
10.1 Accuracy of Ratings and Reviews
Any ratings for Suppliers are intended only as general guidelines, and we do not guarantee the accuracy of the ratings. We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation or such product or service.
10.2 Our Liability
We are not liable to you, and those you are booking for, for the acts, errors, omissions, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, or other causes beyond our control, and we have no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of those who are employed by us;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
Subject to the above we shall not be liable to you and those you are booking for, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the arrangement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
Our total liability to you and those you are booking for, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the arrangements we make on your behalf, shall be limited to £100 or the total amount we have been paid by the Suppliers in respect of the arrangements we have made for you, whichever is less.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded.
This clause will survive the termination of any booking or arrangement between us.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13. No partnership or agency
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties.
Nothing in these Terms and Conditions is intended to constitute you as our agent or authorise you to make or enter into any commitments for or on behalf of us.
14. Entire agreement
(a) These Terms and Conditions constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter
(b) You acknowledge that in booking any arrangements with us you and those you are booking for are not relying on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. You agree that you will have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
15. Our Right to Vary These Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market or other conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Terms and Conditions in force at the time that you make your booking, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Booking Confirmation).
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) resulting from (a) your breach of these Terms and Conditions, (b) your violation of any law or rights of any third party, or (c) your use of our website.
17. Force majeure
We shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of our obligations in connection with any arrangements or booking if such delay or failure result from events, circumstances or causes beyond our reasonable control. Such events may include but are not limited to war, or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions and fire.
18. Law and Jurisdiction
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or any arrangements whether made or not made.
19. ZuBlu Ltd Social Media Sweepstake and Competition Terms and Conditions
- The promoter is ZuBlu Ltd whose registered office is at 6 Roseville Street, Dartmouth, TQ6 9Qh, UK.
- The competition is open anyone aged 21 years or over except employees of ZuBlu and their close relatives and anyone otherwise connected with the organisation or judging of the competition. The competition is void where prohibited by law.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Route to entry for the competition and details of how to enter are via the ZuBlu Facebook page, ZuBlu tweets or ZuBlu Instagram posts.
- Only one entry will be accepted per person, unless otherwise stated in the competition rules. Multiple entries from the same person will be disqualified, unless otherwise stated in the competition rules.
- Closing date for entries will be specified for each competition. After this date the no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The specific rules of competition will be explained in individual terms and conditions. No purchase is necessary and there is no entry fee.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen randomly from all valid entries.
- The winner will be notified by email and/or DM on Twitter/Facebook. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when and where the prize can be collected / is delivered.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- The winner’s name will be available 28 days after closing date by emailing the following address: email@example.com.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- ZuBlu Ltd‘s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
- ZuBlu Ltd shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
- ZuBlu Ltd also reserves the right to cancel the competition if circumstances arise outside of its control.