General Terms and Conditions (GTC) of Scubatours
These General Terms and Conditions (GTC) govern the contractual relationships between Scubatours, based in Malta (hereinafter referred to as "Organizer"), and customers who book trips or services. The GTC apply to all bookings made through Scubatours.
1. Scope and Definitions
1.1 These GTC apply to all individual trips within the meaning of European travel law organized by Scubatours, unless expressly agreed otherwise.
1.2 The customer is any person who wishes to enter into a contract for travel services or is entitled to claim travel services based on such a contract. For their own protection, the customer is obliged to take out appropriate travel cancellation insurance or, if already in place, provide proof thereof.
2. Conclusion of Contract
2.1 The contract is concluded when the travel offer from the customer is accepted by Scubatours. This can occur verbally, by phone, or in writing.
2.2 After the conclusion of the contract, the customer receives a confirmation of the agreement made (booking confirmation). Upon receipt of this confirmation, the contract becomes binding.
3. Prices and Payment Terms
3.1 Prices may be quoted in Euros or US Dollars, as indicated in the booking confirmation. These prices include statutory value-added tax. If prices are quoted in USD, the exchange rate on the date of payment applies, and all fees are borne by the buyer.
3.2 Payments must be made according to the deadlines specified in the booking confirmation. For trips with a departure date more than 120 days away, deposits are due within 5 days after confirmation of the order. For short-term trips up to 60 days away, the total amount is due immediately. For individual trips created according to customer specifications, the full amount is due immediately upon confirmation of the order without deduction. Scubatours does not make any advance payments for flights, hotel bookings, or other services.
The remaining balance must be paid as contractually stipulated, with the due date specified in the booking confirmation. In case of non-fulfillment, the organizer may immediately withdraw from the contract.
4. Cancellation and Withdrawal
4.1 The customer may withdraw from the contract at any time before the start of the trip. The cancellation must be made in writing. Cancellation options will be specified in the booking confirmation for each trip individually.
4.2 Cancellation fees apply and are calculated based on the time remaining until departure. These vary depending on the trip.
4.2.1 Individual trips created according to customer specifications are non-cancellable after booking by Scubatours. For cruises and flights, the cancellation conditions of the respective service providers apply; for booked activities, the cancellation conditions of all these companies apply.
5. Liability
5.1 Scubatours is liable for the proper provision of mediated travel services within the framework of legal provisions as follows:5.2 Scubatours assumes no liability for damages caused by force majeure or unforeseeable events. Scubatours disclaims any liability for non-fulfilled services by third-party providers, regardless of whether due to force majeure, natural disasters, or bankruptcy of the respective service provider. Scubatours accepts no liability for accidents or damages arising from booked activities, whether caused by the customer themselves or by the provider. In this respect, Scubatours is merely an intermediary for known booked services and disclaims any liability.
6. Data Protection
6.1 Scubatours is committed to protecting all personal data of customers in accordance with applicable data protection laws and will only use it for contract fulfillment.
6.2 The customer has the right to request information about their stored data at any time.
7. Final Provisions
7.1 Changes or additions to these GTC must be made in writing.
7.2 The law of Malta applies; jurisdiction is Malta.
7.3 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
These GTC ensure that both Scubatours and the customer have clear rights and obligations and serve to protect both parties throughout the entire booking and travel process.