Terms of Use

Welcome to Serendib Scuba (Pvt) Ltd, a private company with limited liability incorporated under the laws of Sri Lanka, registered with the Registrar of Companies under number PV 12345.

This document governs your “Terms of Use” across all our offers, including bookings, agreements, other legal relations, and activities between you and us. By using our Website and/or confirming your booking or engaging in any of our services, you accept that these Terms of Use do so apply.

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

• Adventure: A Day or Liveaboard Trip that you choose to experience through the Company.
• Booking: Agreements between You and the Company with respect to a Day or Liveaboard Adventure.
• Country: Refers to Sri Lanka
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement): Serendib Scuba (Private) Limited, 84/2A, Dostharawatte, Pepiliyana Rd, Nugegoda, 10250.
• Day Adventure: A day diving cruise, including all arrangements that are stated as included by the Company.
• Device: Any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Guests: The people going on the liveaboard cruise described in the Booking that you have made.
• Liveaboard Adventure: A liveaboard diving cruise, including all arrangements that are stated as included by the Company.
• Partners: Refers to our preferred Yacht and Dive Operators we are partnered with to offer You a Day or Liveaboard Adventure.
• Service: Refers to the Website.
• Terms and Conditions (also referred as "Terms"): The Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service: Any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website: Our website, accessible at https://serendibscuba.com
• You: The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. Our services

1.1. Serendib Scuba offers Day and Liveaboard Adventures through our Partners. We are responsible for the planning and execution of Your diving vacations around Sri Lanka. In the event you make a Booking, the agreement is directly between You and the Company, our Partners are not party to it.

1.2. We also offer diving courses. Such courses are either conducted by us or a referred Partner depending on an Itinerary.

1.3. In addition to the above, the Company also offers transfers and land-based activities through our Partners if requested. If you decide to make a Booking of such, the travel agreement will then be directly between You and the Partner and Serendib Scuba is not party to that agreement.

2. Bookings

2.1. Bookings can be made through our Website. Bookings are subject to the availability of the requested Adventure.

2.2. To make a provisional reservation with the Company you must supply the required information (Full name according to passport, Nationality, passport number and expiry date, Dive certificates level and number of dives, Diving/ Non-Diving, Excursion Dates, Email and Telephone) for each guest.

2.3. In some cases, we need extra information (for example passport copies, evidence of guest dive qualification and insurance, health certificates or flight details) to complete a Booking. We cannot finalize the Booking until you provide us this information.

2.4. Until you have received a confirmation that the Adventure is available on the dates you request and that the Booking is finalized, you cannot rely on a Booking being in place. Make sure to wait for this confirmation before you make any connected travel arrangements (e.g. booking flights, accommodations or transfers).

2.5. If you have any special requests for your Booking (for example dietary requests, rental gear, cabin facilities or activities), please let us know as part of the Booking process or immediately thereafter. Keep in mind that additional services may result in additional costs. Please do take the time to view the facilities available as well as our Frequently Asked Questions Tab prior to making booking confirmations as the bookings are made as seen.

2.6. A Booking Offer shall only be made provided there are 5 or more reservations for the selected excursion. Until then you may have to await an offer. Upon receipt of your provisional reservation our Reservations Team will contact you by return Email with an offer for a confirmed booking which may be accepted according to the following terms. You also agree that as per the industry practice unless you have specified a Cabinmate for your booking as another confirmed booking, the Company shall have the right to allocate a Cabin on sharing basis.

2.7. A booking is confirmed upon the payment stipulated in the booking offer made by the Company in response to your provisional reservation. In the event the booking is being made prior to 60 days of the excursion 30% of the booking fee may be deposited. Final or full payment is due 60 days prior to your excursion start date which will be stated in the booking offer. A booking is not confirmed until the deposit has been received by the Company as provided in the booking offer and the Company reserves the right to cancel a provisional reservation without notice if full payment is delayed.

3. Your responsibilities

3.1. By making a Booking, you agree to be responsible for reviewing the standards and requirements of the Adventure, and ensuring that yourself and any Guests under your control adhere to these requirements. The requirements differ per Day and Liveaboard Adventure, 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 Company, 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 Booking, so we can discuss how we can accommodate this. You agree that in the event of any information you have provided at the point of booking is not true or misleading or partly true and there arises any issue as to whether you can be permitted to proceed with the Dive OR in the event there are circumstances that give rise to it not being safe for you to dive the final decision on the same shall be by the Dive Instructor onboard.

3.2. You are responsible for arriving at the port or mooring location of the liveaboard or cruise boat at the date and time agreed in the Booking. 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 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 for your trip to Sri Lanka.

3.3. You are responsible in adhering to the rules and requirements imposed by the Company, 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 Company (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 Company as part of the Booking.

4. Payments

4.1. A deposit payment is due on the date of confirmation of the Booking. The full amount will be due to the Company as communicated in our Payment Terms and Conditions or in case of a last-minute Booking. Until full payment of your Booking is received by us, we can cancel the Booking. For further details on cancellation and amendments, please see clause 5 and the amendment and cancellation policy of the Company.

4.2. You can pay online by means of various online payment methods, including credit card (all major credit cards) or manually with a bank transfer after your Booking 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. You agree to all the applicable terms and conditions of such payments methods when making such bookings.

4.3. After payment has been received, we will send a Booking voucher to the email address you provided. This voucher serves both as proof of your Booking and as an invoice for your administration. Please bring a copy (digital or physical) with you when boarding the cruise as well as keep a copy for future reference. Such booking Vouchers are non transferable except with express written permission of the Company.

4.4. All our rates are displayed and charged in USD or LKR which will be stipulated in the booking invoice. 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.

4.5. For bookings where payment is not made prior to arrival, the Company is not able to guarantee course or boat slots and any bookings will therefore be arranged and paid for locally, plus any applicable taxes.

4.6. Each destination can have different local fees such as National Park, Port and Chamber fees, which are paid locally in US Dollars or LKR. Services arranged including but not limited to; equipment rental, special tank requests, course materials & certification fees, will be inclusive of any service charges and local taxes. Please check the price lists on our website for further information. All local taxes, park and port fees are excluded from the liveaboard price.

5. Amendments & Cancellation

5.1. Amendments or cancellations of confirmed bookings should be emailed directly at the earliest opportunity to bookings@serendibscuba.com. When this has been processed, you will receive a response within 24 hours, if not received, please resend your email.

5.2. Cancellation of any special tanks or equipment sourced by Serendib Scuba from a third party (i.e. Technical) must be received no later than 3 days prior to your arrival. Failure to do so will incur a charge of 50% of the total rental cost. Trimix tanks will be subject to 100% cancellation fees.

5.3. Cancellation of Liveaboards more than 60 days prior to service start date, the cancellation fee charged is equal to the amount of deposit(s) already paid. Cancellations 60 days or less prior to service start date a cancellation fee of 100% is charged on the total booking value, not on any deposit received.

5.4. Any cancellations of Day Diving, Courses received within 3 days prior to departure or NO SHOW, 100% of the total amount would be charged. Dive agency digital course materials are non-refundable once issued and redeemed.

5.5. Any service booked with the Company which is cancelled by You or due to bad weather cannot be refunded or exchanged for any other product or service. A letter will be issued should you wish to make an insurance claim concerning illness, injury or loss of diving due to bad weather. However, the Company will in the case of daily diving and where operationally possible, attempt to provide alternative dives, but if this is not possible and as a goodwill gesture for those who do not wish to make an insurance claim, will offer a credit voucher to be used with the Company in the future. This voucher will be applicable for all our day diving adventures but cannot be passed on to a 3rd party except without Written Confirmation of the Company.

5.6. In case of a (partial) refund, we will apply a 3.5% administration fee to cover our credit card, bank transfer and handling costs incurred. This fee is calculated on the total amount of the Booking.

6. Liability

6.1. 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 an Adventure, nor for acts or omissions of our Partners or other third parties. You agree that you are aware of the ordinary risks associated with adventures and diving and that you may obtain insurance for the same to cover all such liability.

6.2. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

6.3. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

7. Assistance, Complaints & Disputes

7.1. If You are facing any difficulties in planning your trip or while on your trip pls ask and we will provide you with assistance, such as providing information on health services, local authorities and consular assistance (e., embassies, consulates or other representations). Please consider reading through our FAQ prior to reaching out.

7.2. If You have any questions or complaints regarding any aspect of an Adventure, please let us know as soon as possible. The longer you wait with filing any complaints, the more difficult it will be for us to resolve the issue.

7.3. If You file your complaint of the services provided by a Partner directly to us, we will forward your complaint to the Partner without undue delay. The same applies to any other messages that should ultimately reach a Partner, including messages regarding travel difficulties.

7.4. If the complaint or dispute is about the services provided by us (for example the Website, payment collection and/or Booking process), You agree that you shall first try to resolve the dispute informally by contacting the Company by submitting your complaints through our contact form prior to raising the same before any other forum.

8. Miscellaneous

8.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. The most recent version of these Terms of Use will always apply.

8.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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.

8.4. You agree in advance that the Company may transfer its rights and obligations under these Terms of Use to third parties.

8.5. 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.

8.6. 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.

8.7. 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.

8.8. 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.

8.9. 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.

9. Privacy

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.

10. Governing Law and Jurisdiction

10.1. The Law of Sri Lanka shall apply.

10.2 In the event of any dispute arising between you or the Company in respect of this Agreement such dispute shall be referred to Sole Arbitration at the ICLP Center at Colombo before an Arbitrator nominated by the said Center for the resolution of such dispute in terms of rules applicable at the ICLP Center at the time of the said reference of the dispute.

11. Questions, Comments or Suggestions

We are always happy to hear from you. If you have questions, comments or questions, please reach out to us.

12. Contact Us

If you have any questions about these Terms of Use, You can contact us:

Serendib Scuba (Pvt) Ltd

Email address: info@serendibscuba.com

Website: https://serendibscuba.com/contact

Phone number: +94 777 736657