Terms and conditions - Lux Marine Safari by Scubaspa ZEN Indonesia

PT SCUBASPA ZEN INDONESIA

T E R M S & C O N D I T I O N S

Updated 29 January 2024

INTRODUCTION

The following terms and conditions (hereinafter referred to as the Terms and Conditions) constitute the basis of your contract with PT Scubaspa ZEN Indonesia (hereinafter referred to as Scubaspa ZEN Indonesia, Us, or We), under which you book your Scubaspa ZEN Indonesia cruise holiday. You are bound by these Terms and Conditions, so it is important you read them carefully. In accordance with the Terms and Conditions set forth below, Scubaspa ZEN Indonesia shall provide the services stated in the booked holiday package at the related contracted rates.

TERMS AND CONDITIONS

1. YOUR CONTRACT WITH SCUBASPA ZEN INDONESIA

1.1. By confirming a booking, you (hereinafter also referred to as the Guest) offer to conclude a cruise holiday contract with Us, the terms of which are listed below.

1.2. A legally binding contract between you and Scubaspa ZEN Indonesia comes only into effect when We have received payment for the booking and confirmed the booking by e-mail. This confirmation will show your details and the pending payments for your cruise holiday.

1.3. When you confirm your cruise holiday, you confirm that you have the authorization from all Guests on your booking(s), to accept these Terms and Conditions on their behalf. Parents and/or legal guardians accept these Terms and Conditions on behalf of their children.

2. HOLIDAY PACKAGES AND SCOPE OF SERVICE

2.1. All holiday packages are subject to availability. Scubaspa ZEN Indonesia offers nine (9) types of holiday packages:

• Komodo, Raja Ampat, and Forgotten Islands Ten (10) Nights Scuba Holiday Package

• Komodo, Raja Ampat, and Forgotten Islands Ten (10) Nights Spa Holiday Package

• Komodo, Raja Ampat, and Forgotten Islands Ten (10) Nights Scuba and Spa Holiday Package

• Komodo, Raja Ampat, and Forgotten Islands Seven (7) Nights Scuba Holiday Package

• Komodo, Raja Ampat, and Forgotten Islands Seven (7) Nights Spa Holiday Package

• Komodo, Raja Ampat, and Forgotten Islands Seven (7) Nights Scuba and Spa Holiday Package

• Bali – Komodo / Komodo – Bali Six (6) Nights Scuba Holiday Package

• Bali – Komodo / Komodo – Bali Six (6) Nights Spa Holiday Package• Bali – Komodo / Komodo – Bali Six (6) Nights Scuba and Spa Holiday Package

2.2. The Ten (10) Night Komodo, Raja Ampat, and Forgotten Islands Scuba Holiday

Package includes:

(a) Transfer from and to the airport (domestic airport closest to the port of arrival and departure for alternative itineraries) on regular arrival and departure days and times only. Should the Guest arrive or depart during a tour, a transfer may be arranged at an additional cost;

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Twenty-two (22) to Twenty-six (26) dives (tank and weight);

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.3. The Ten (10) Night Komodo, Raja Ampat, and Forgotten Islands Ten Spa Holiday

Package includes:

(a) Transfer from and to the airport (domestic airport closest to the port of arrival and< departure for alternative itineraries) on regular arrival and departure days and times< only. Should the Guest arrive or depart during a tour, a transfer may be arranged at an< additional cost;

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Eleven (11) Spa treatments;

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.4. The Ten (10) Night Komodo, Raja Ampat, and Forgotten Islands Scuba and Spa

Holiday Package includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Fourteen (14) dives (tank and weight);

(g) Seven (7) Spa treatments;

(h) Snorkelling;

(i) BBQ on the beach;(j) Excursions; and

(k) 1 GB of mobile Wi-Fi.

2.5. The Seven (7) Night Komodo, Raja Ampat, and Forgotten Islands Scuba Holiday

Package includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Sixteen (16) to Nineteen (19) dives (tank and weight);

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.6. The Seven (7) Night Komodo, Raja Ampat, and Forgotten Islands Spa Holiday Package

includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Eight (8) Spa treatments;

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.7. The Seven (7) Night Komodo, Raja Ampat, and Forgotten Islands Scuba and Spa

Holiday Package includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Ten (10) dives (tank and weight);

(g) Five (5) Spa treatments;(h) Snorkelling;

(i) BBQ on the beach;

(j) Excursions; and

(k) 1 GB of mobile Wi-Fi.

2.8 The Six (6) Night Bali – Komodo / Komodo – Bali Six Scuba Holiday Package includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Fourteen (14) to Sixteen (16) dives (tank and weight);

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.9 The Six (6) Night Bali – Komodo / Komodo – Bali Spa Holiday Package includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Seven (7) Spa treatments;

(g) Snorkelling;

(h) BBQ on the beach;

(i) Excursions; and

(j) 1 GB of mobile Wi-Fi.

2.10 The Six (6) Night Bali – Komodo / Komodo – Bali Scuba and Spa Holiday Package

includes:

(b) Full board accommodation;

(d) Unlimited drinking water;

(e) Juices, selection of teas and coffee until the end of breakfast;

(f) Five (5) dives (tank and weight);

(g) Three (3) Spa treatments;(h) Snorkelling;

(i) BBQ on the beach;

(j) Excursions; and

(k) 1 GB of mobile Wi-Fi.

2.11 Check-in/out time

a. Ten (10) night cruises, Check-in time starts at 12:00 (noon) on arrival day. Check-out time is at 8:45 AM on departure day.

b. Seven (7) night cruises, Check-in time starts at 12:00 (noon) on arrival day. Check-out time is at 8:45 AM on departure day.

c. Six (6) night cruises, Check-in time starts at 12:00 (noon) on arrival day. Check-out time is at 8:45 AM on departure day.

3. LENGTH OF STAY

a. The length of service/cruise is Ten (10) nights for Ten (10) nights cruises

b. The length of service/cruise is Seven (7) nights for Seven (7) nights cruises

c. The length of service/cruise is Six (6) nights for Six (6) nights cruises

4. TRANSFERS

4.1. For 10 nights cruises the rates are include only transfer from Labuan Bajo’ Airport (Komodo, for Komodo Expeditions), Pattimura’ Airport (Ambon, for Forgotten Islands Expeditions), Domine Eduard Osok’ Airport (Sorong, For Forgotten Islands/Raja Ampat Expeditions) to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia to Labuan Bajo’ Airport (Komodo, for Komodo Expeditions), Pattimura’ Airport (Ambon, for Forgotten Islands Expeditions), Domine Eduard Osok’ Airport (Sorong, for Forgotten Islands/Raja Ampat Expeditions)on arrival and departure days.

4.2. For 7 nights cruises the rates include only transfers from Labuan Bajo’ Airport (Komodo, for Komodo Expeditions), Domine Eduard Osok’ Airport (Sorong, For Forgotten Islands/Raja Ampat Expeditions) to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia vessel to Labuan Bajo’ Airport (Komodo, for Komodo Expeditions), Domine Eduard Osok’ Airport (Sorong, for Forgotten Islands/Raja Ampat Expeditions)on arrival and departure days.

4.3. For 6 nights cruises the rates include only transfers from I Gusti Ngurah Rai’ Airport (Denpasar, Bali) or Labuan Bajo’ Airport (Labuan Bajo, Komodo), to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia vessel to I Gusti Ngurah Rai’ Airport (Denpasar, Bali) or Labuan Bajo’ Airport (Labuan Bajo, Komodo), arrival and departure days.

4.4. In other cases (different day of arrival or departure) transfers must be booked in advance and paid additionally in total by the Guest.

5. BOOKING PROCEDURES

5.1. Bookings must be done in writing to office@scubaspa-indonesia.com and shall become valid only with the written confirmation of Scubaspa ZEN Indonesia. The Operator shall not confirm any booking to its Client without the written confirmation from Scubaspa ZEN Indonesia. Scubaspa ZEN Indonesia shall confirm the booking to the Operator not later than within 48 hours.

5.2. Scubaspa ZEN Indonesia shall provide the Operator with a unique booking number for each confirmed booking.

5.3. The following information must be provided by the Operator at the time of booking:

a. First & Last name of each Guest

b. Guests nationalities

c. Tour dates

d. Cabin category

e. Chosen package(s)

5.4. The following information must be provided by the Operator latest one week before the Guests arrival:

a. Passport numbers of all Guests

b. Guests’ Dates of birth

c. Diving certification level and number of logged dives for packages with diving

d. Flight details

e. Rental equipment for diving with details size.

6. RATES

6.1 Unless stated otherwise, all Scubaspa ZEN Indonesia's rates indicated on Scubaspa ZEN Indonesia’s official website are quoted in United States Dollars (USD) and are per person, based on two persons sharing a cabin/ suite. Any holiday booked for children of any age is subject to full adult price.

6.2 The website rates apply to all types of holiday packages offered by Scubaspa ZEN Indonesia unless clearly stated otherwise and are exclusive of service charges and taxes. Your total fare is determined by the cruise holiday type, the season, suite/cabintype, the number of passengers in your cabin/ suite, the amenities offered, government taxes, and any applicable fees.

6.3 The rates displayed on our website are subject to change at any time due to circumstances, including but not limited to currency fluctuations, changes in local taxes, increased costs, and inflation. In such cases, the rates confirmed by Scubaspa ZEN Indonesia at the time of booking will apply to all previously confirmed bookings.

7. SUPPLEMENTS AND REDUCTIONS

7.1 A single cabin supplement of 25% applies:

a. to single cabin bookings;

b. in the event that one of two guests, who booked a double cabin, cancels his/her reservation, or in case of no show.

7.2 A single cabin supplement of 50% applies:

a. to single cabin bookings during Christmas and New Year;

b. in the event that one of two guests, who booked a double cabin, cancels his/her reservation, or in case of no show.

7.3 A supplement of 15% applies to all packages during Christmas and New Year

7.4 There is an option for triple occupancy in Owner’s Manta Cabin (main deck) and Cowrie Suite (main deck). The third person in a triple cabin receives a 25% discount.

7.5 Other supplements may be added to specific cruises, routes, itineraries, or products, the information about which cruises this applies will be clearly stated and publicly available on Scubaspa ZEN Indonesia's official website.

8. PAYMENT POLICY

8.1 The Guest has seven (7) calendar days after creating a booking option to confirm the booking. A booking will be considered confirmed only when the deposit is paid and the payment confirmation has been received by Scubaspa ZEN Indonesia via e-mail; the deposit is equivalent to 25% of the total amount of the booking. If the booking is not confirmed within seven (7) days of the creation of the booking option, Scubaspa ZEN Indonesia will remove the booking and consider it cancelled.

8.2 Any outstanding balance should not remain due for less than thirty (30) days prior to the booked trip's departure date. In case of any outstanding balance less than thirty(30) days prior to departure, the booking will be automatically cancelled without any refund.

8.3 Bookings made less than thirty (30) days prior to the booked trip's departure date must be paid in full within 72 hours and proof of payment must be sent to Scubaspa ZEN Indonesia via e-mail within the same timeframe.

8.4 Private Charters: Any outstanding balance should not remain due for less than ninety (90) days prior to the booked trip's departure date. In case of any outstanding balance less than ninety (90) days prior to departure, the booking will be automatically canceled without any refund. Bookings made less than ninety (90) days prior to the booked trip's departure date must be paid in full within 72 hours and proof of payment must be sent to Scubaspa ZEN Indonesia via e-mail within the same timeframe.

8.4 All payments to Scubaspa ZEN Indonesia should be made via:

a. Bank transfer to

Account name: PT SCUBASPA ZEN INDONESIA

Account holder address: Jl. By Pass Ngurah Rai 465, Pedungan, Bali, Indonesia

Bank name: BANK CENTRAL ASIA CABANG RENON

Bank address: Jl. Raya Puputan No. 10 Renon, Denpasar

USD Account No: 7725487584

IDR Account No: 7725480920

SWIFT (BIC CODE): CENAIDJA

b. Credit/Debit Card

Cardholder retain a copy of transaction records and our Policies and Rules.

8.5 Scubaspa ZEN Indonesia accepts Visa, Master Card, American Express, Union pay, and JCB. Your card payment may prompt a 3D Secure authentication protocol.

8.6 All transaction charges such as bank transfer fees, credit card operator charges, currency exchange fees, etc., must be covered by the Guest.

8.7 Failure to settle payments on time, results in the automatic cancellation of the booking with no refund of the deposit. The 25% deposit is always non-refundable.

9. CANCELLATIONS AND AMENDMENTS

9.1 Cancellations by the Guest

a. Cancellations need to be made in writing to office@scubaspa-indonesia.com and Scubaspa ZEN Indonesia shall send a confirmation e-mail within forty-eight (48) hours. The following cancellation fees/additional charges apply:

b. 0-29 days. No refund will be given for early departures, no-shows, and cancellations received by Scubaspa ZEN Indonesia between zero (0) to twenty-nine (29) days before the booked departure date.

c. 30 days or over. The 25% deposit is non-refundable. 75% of the full payable amount will be refunded. Scubaspa ZEN Indonesia shall reimburse any balance already paid within thirty (30) days but reserves the right to deduct all related bank charges from the refund.

d. In the event that one of two Guests who booked a double cabin cancels his/her reservation, thirty (30) or more days before departure, the 25% deposit is forfeited and a single cabin supplement applies to the booking of the remaining Guest.

9.2 Cancellations by Scubaspa ZEN Indonesia

a. Scubaspa ZEN Indonesia guarantees departures with a minimum of twelve (12) Guests per cruise. If this minimum is not reached, Scubaspa ZEN Indonesia may cancel a scheduled cruise departure.

b. In case of cancellations, Scubaspa ZEN Indonesia will notify the Guest, 21 (twenty-one) days or more before the departure date of the scheduled cruise.

c. In case of cancellations made by Scubaspa ZEN Indonesia, all related payments received from the Guest shall be promptly and fully refunded by Scubaspa ZEN Indonesia as stated in previous clauses, and this refund will be the limit of Scubaspa ZEN Indonesia's liability.

d. Scubaspa ZEN Indonesia shall not be held responsible for any expenses incurred by the Guest in preparation (related to) the booked tour, including but not limited to non-refundable airline tickets or cancellation fees, any costs of transportation, accommodation, meals, special clothing, or equipment, visa, passport fees, etc.

e. Scubaspa ZEN Indonesia doesn’t practice overbooking. In the event that a Guest cannot be accommodated onboard due to circumstances, which are directly related to Scubaspa ZEN Indonesia, such as technical problems with the vessel, or any other, Scubaspa ZEN Indonesia shall accommodate the Guest in another adequate establishment at no additional expense to the Guest.

9.3 Booking Amendments

a. Booking amendments. Booking amendments by either Party need to be done in writing via email. The receiving Party shall confirm the reception of this email within forty-eight (48) hours. The Guest understands and accepts that amendments may be subject to additional charges. It is at the discretion of Scubaspa ZEN Indonesia to accept or deny amendments requested by the Guest.

b. Early departures and late arrivals. In the event of a Guest's early departure or late arrival to or from an ongoing cruise, Scubaspa ZEN Indonesia shall assist the Guest in organizing a transfer to/from the nearest airport or another designated location within the proximity of the current Expedition. Scubaspa ZEN Indonesia cannot guarantee this will be organized. All third-party charges are at the Guest's expense and Scubaspa ZEN Indonesia reserves the right to charge a handling fee. If the transfer is conducted with a Scubaspa ZEN Indonesia vessel, Scubaspa ZEN Indonesia shall charge a return transfer fee to the Guest.

c. Cabin category change. Changes to cabin category are possible but subject to availability. In case the change of cabin is from a higher to a lower category, the rate will remain the same as the initial, higher-category accommodation booking, and the rate difference shall not be refunded, nor will this difference represent a balance/credit to be used onboard or otherwise. In case the change of cabin is from a lower to a higher category, the difference in rate between those two shall be paid.

d. Other amendments. Scubaspa ZEN Indonesia reserves the right, at any time and without prior notice, to change tour dates, itineraries, and accommodations and to substitute the cruise vessel if circumstances require such changes and/or if deemed necessary and appropriate. Reasons such as but not limited to bad weather and sea conditions, lack of supply availability in the market, government intervention, civil unrest, sudden illness of a key staff member such as the captain, and force majeure are deemed as reasons beyond the control of Scubaspa ZEN Indonesia. In such circumstances, Scubaspa ZEN Indonesia shall not be liable for refunds or compensation in any shape or form.

e. No refund will be given for late arrivals, early departures, and no-shows.

9.4 Rescheduling

a. All reschedules are subject to availability in occupancy, cabin category, and package inclusions.

b. The rescheduled booking may be subject to charges amounting to the variation of rates between relocation dates. These charges will be applied according to the notice period prior to the departure date of the booking and will be automatically charged from the original booking payment

c. The charges for rescheduling are as follows:

- Rescheduling is free up to 160 days before the cruise.

- From 159 days up to 90 days before the cruise, a 10% booking fee applies for rescheduling, which must be paid within 7 days of the rescheduling request.

- Rescheduling is not possible from 89 days up to the departure of the cruise.

9.5 In case any COVID-related travel constraints impede the Guests from joining the booked cruise, the Guest will be able to use the full paid amount within the next 24 months as credit towards a different booking. Scubaspa ZEN Indonesia keeps the right to request the Guest's proof of the incident.

10. TRAVEL INSURANCE

Scubaspa ZEN Indonesia strongly recommends that all Guests purchase comprehensive international travel insurance (divers should ensure that the policy includes diving-related activities) that includes also the medical treatment and baggage protection, as well as the costs of cancellation or interruption of the cruise, airfare costs, and/or other expenses.

11. TRAVEL DOCUMENTS

Passports, visas, vaccinations, and other travel documentation are the sole responsibility of the Guest.

12. CHILDREN AND TEENAGERS

12.1 We strongly discourage our Guests from traveling with children as Scubaspa ZEN Indonesia holidays are unsuitable for them. The vessels are neither safe for young children nor are there any facilities or entertainment to cater to their needs.

12.2 Scubaspa ZEN Indonesia accepts no responsibility whatsoever for the care or safety of children and teenagers. The sole responsibility of children and teenagers rest with parents/guardians.

12.3 Parents/guardians traveling with minors are required to agree to and sign a disclaimer and liability release form upon booking.

13. LUGGAGE AND PROHIBITED ITEMS

13.1 Luggage for Scubaspa ZEN Indonesia's Guests must be handled pursuant to regulations and tariffs of airlines, appropriate government security requirements, and ground operators. Each adult Guest is permitted to carry onboard the vessel the personal belongings reasonably necessary for the cruise, including suitcases, trunks, valises, satchels, bags containing clothing, toiletries, and similar items, however, Scubaspa ZEN Indonesia strongly suggests the Guests pack their belongings in soft bags rather than hard covered, bulky valises, in order to avoid storage issues onboard.

13.2 Under no circumstances shall any Guest bring on board the vessel, any illegal controlled substances, drugs, fireworks, weapons, firearms, explosives, or other hazardous materials and/or items that are prohibited by applicable law. Scubaspa ZEN Indonesia may deny boarding or disembarking any Guest in possession of any such items, at the Guest's own expense with no compensation or the refund to be paid by Scubaspa ZEN Indonesia.

13.3 All valuable items should be stored in a mini-safe located in each cabin/suite.

14. SMOKING

Smoking on the vessel is extremely dangerous and puts lives as well as the vessel at risk. It is therefore strictly forbidden to smoke inside the vessel as well as in any exterior areas other than the designated smoking area. In case of any violation of this policy, Scubaspa ZEN Indonesia reserves the right to charge a cleaning fee of $250 and to disembark the Guest atthe Guest's expense. In such a case, the Guest is not eligible for any compensation or refund payments by Scubaspa ZEN Indonesia. We strictly adhere to zero-tolerance with regard to the policy on smoking.

15. ALCOHOL

15.1 Guests are strictly prohibited from bringing any alcohol on board. Scubaspa ZEN Indonesia reserves the right to confiscate any alcohol that was not purchased onboard.

15.2 Scubaspa ZEN Indonesia is committed to responsible service of alcohol during each cruise and therefore only Guests over the age of 18 years will be permitted to consume or purchase alcohol. Scubaspa ZEN Indonesia also reserves the right to refuse the sale of alcoholic beverages to any Guest deemed to be intoxicated.

16. RIGHTS OF THE CAPTAIN AND THE CREW

Guests must follow all safety instructions issued by the Captain, Cruise Director, or other members of the vessel's crew. If a Guest seriously affects the safety or enjoyment of any person on board, the Captain and/or the Cruise Director have the right to confine, discipline, or disembark the Guest. In such cases Scubaspa ZEN Indonesia is not responsible for any expenses this may cause. In case of disembarkation, no compensation or refund will be paid by Scubaspa ZEN Indonesia.

17. SAFETY AND SECURITY

Should the Guest become aware of anyone being injured or of unsafe or any possibly illegal, suspicious, or inappropriate behavior during the cruise, it is very important to immediately report this to the Captain or a senior member of the vessel's crew.

18. MEDICATION AND HEALTH CONSIDERATIONS

18.1 Due to the nature of a safari cruise, Guests must ensure that if they are currently taking prescription medication or long-term medication it is their sole responsibility to ensure that they bring an adequate supply with them to last for the duration of their booked Scubaspa ZEN Indonesia holiday.

18.2 Any medical assistance available on board will be limited to first aid offered by qualified staff. Anyone requiring more specialist treatment will require moving to shore therefore Scubaspa ZEN Indonesia advises all Guests to carry adequate travel insurance.

18.3 Under the guidance of first aid please note that We are unable to issue painkillers in any form therefore it is the Guest's responsibility to carry their own.

18.4 Guests are required to advise Scubaspa ZEN Indonesia in writing, at or prior to the time a cruise begins, of any physical, emotional, or mental condition which may require attention during the cruise. Failure to do so releases Scubaspa ZEN Indonesia from any liability for loss, damages, or other compensation arising from or related in any way to such disability or condition. Guests should be aware that due to the natureof the cruises offered Scubaspa ZEN Indonesia is not prepared for any Guests with serious health issues. If a Guest has a condition that in Scubaspa ZEN Indonesia's opinion may seriously affect the enjoyment, health, or safety of themselves or any other person on board, Scubaspa ZEN Indonesia reserves the right to refuse to board to accept such a person.

18.5 Scubaspa ZEN Indonesia cannot accept women who have entered or will enter their 24th week of pregnancy at any time before the end of the chosen cruise. Scubaspa ZEN Indonesia may request supporting medical evidence of this fact before the Guest's arrival.

19. MINIMUM DIVE EXPERIENCE AND MEDICAL STATEMENT

19.1 Only Guests who hold a PADI Advanced Open Water license or an internationally recognized equivalent, may book any of Scubaspa ZEN Indonesia holiday packages, which include scuba diving other than scuba diving courses.

19.2 At the time of boarding the vessel, all diving Guests are required to show proof of their diving license, logbook, appropriate medical diving insurance, and medical statement/certificate, assuring that they are fit for diving.

19.3 An open water diver is certified to dive down to only 18 meters whilst an advanced open water diver is certified to dive down to 30 meters. Night and deep dives are available only to divers with advanced diver certification. If Guests wish to upgrade their level, advanced diver course is available on board.

19.4 We consider Guests' safety as our number one priority. If the client has any pre-existing medical conditions and/or will be taking any medication while on holiday, we will ask them to look over a medical form. Please, note that as part of the check-in for the diving, passengers will have to complete a medical statement. If the Guest answers one or more questions of the medical statement with a "yes", he/she will need a medical certificate from a doctor, which states that he/ she is fit to dive. Please keep in mind, that we will not be able to take Guest diving without the release if any of the conditions mentioned in the form applies to him/her.

20. OTHER SERVICES AND EXCURSIONS

Depending on availability, Guests may choose to book other services/excursions with Scubaspa ZEN Indonesia that may be provided by third-party service providers. Any arrangements made with such other service providers by or for the Guest are at the Guests risk and remain their sole responsibility.

21. OTHER SPECIAL REQUESTS

Any special requests while on board (including special dietary requirements) should be given in details to the Captain or the Cruise Managers. Special requests cannot be guaranteed however, every effort will be made to comply.

22. DRONES

Based on our research and interpretation of the laws, here are the most important rules to know for flying a drone in Indonesia.

a) Drones may not fly above 150 meters (492 feet) without permission.

b) Drones may not weigh more than 7 kilograms (15.4 pounds).

c) Drones may not be flown within 15 kilometers (9.32 miles) of any airport.

d) Drones may not be flown over crowds or highly populated areas.

e) Drones may not be flown at night.

f) Drones may not be flown from any moving vehicle.

g) Drone pilots must maintain a direct line of visual sight while flying.

h) Penalties for non-compliance with these regulations are stiff, and include jail time and possible fines of up to 66,000 Euros.

• Forbidden Areas – There are certain areas where you can’t operate your drone without permission from the Director General of Air Transportation (DGTA).

• Prohibited Areas – Areas that are entirely closed for aviation activities of any kind (usually government offices, police stations or military bases)

• Restricted Areas – Areas that may be open for civil aviation but restricted for government use

• Areas close to airports in order to secure flight safety.

• Controlled airspace where control services for air traffic is provided

• Airspace 150 meter above ground level that is not controlled

• Komodo National Park – Every use of drones must be reported to the Balai TN Komodo and therefore must obtain a permit from them before use. We must send an application letter mentioning the location, the name of the guest using the drone and for how long it will be used. The price for using a drone inside the Park is approximately 1,000,000 IDR per expedition. The use of drones is forbidden in some areas such as Kalong island.

23. APPAREL

23.1 Recommended onboard clothing is holiday casual. A strict "no shoes" policy applies to all Scubaspa ZEN Indonesia’s vessels. However, due to the fact that decks can heat up in hot weather, flip-flops with soft and light-colored soles are accepted.

23.2 For lounging at the sun decks use of proper sun protection and sunglasses is advisable.

24. ONBOARD CURRENCY

The currency used onboard all Scubaspa ZEN Indonesia's vessels at the bar, restaurants, and other facilities is Indonesian Rupiah. Alternatively, the following credit cards are accepted on board: Visa, Mastercard. Additional fees will apply to such payments.

25. ELECTRICITY

The on-board voltage is 220V/230 with International power outlets that can be fit to all type of electronic plug.

26. ENVIRONMENT

Trash must be properly disposed of in containers provided throughout the vessel or in waste bins provided in cabins/suites. Trash or other foreign objects must never be flushed down a toilet and Guests are prohibited from disposing of or throwing any item overboard.

27. THE WEATHER

Guests must be aware that We are cruising in a tropical environment, where heavy rainfalls and strong winds may occur.

28. LIMITATION OF LIABILITY

28.1 To the extent permitted by law Scubaspa ZEN Indonesia shall not be liable for any loss of or damage to the property (including but not limited to the luggage, medicines, valuables, financial means, electronic equipment and/or similar) of Guests or for injury, death, illness, damage, delay or other loss to person however caused, or any act not shown to be caused by the Scubaspa ZEN Indonesia's direct and sole negligence and the Guests shall indemnify and hold Scubaspa ZEN Indonesia, its owners, employees, and directors, harmless against all costs, proceedings, claims and demands sustained by or brought or made against Scubaspa ZEN Indonesia on account of any such loss, damage, death or injury or arising directly or indirectly as a result of any breach of the Terms and Conditions or negligence of the Guests.

28.2 Scubaspa ZEN Indonesia shall accept no responsibility or liability for Guest's use of any athletic, recreational, sport or any other equipment (including but not limited to snorkels, masks, scuba equipment), whether or not supplied by Scubaspa ZEN Indonesia or any accidents, injuries or deaths related to their use; or for the negligence or wrongdoing of any independent contractors or for any events taking place off the Scubaspa ZEN Indonesia’s vessels, launches or transports, or as part of any shore excursion, tour or activity.

28.3 Scubaspa ZEN Indonesia hereby disclaims all liability to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to the Guest, nor the result of the Guest having been at actual risk of physical injury, nor were intentionally inflicted by Scubaspa ZEN Indonesia. Without limiting the preceding sentence, in no event shall Scubaspa ZEN Indonesia be liable to the Guest for any consequential, incidental, exemplary, or punitive damages other than required by mandatory provisions of applicable law.

28.4 Without limiting the foregoing in the case of any damage arising from the non-performance or improper performance of the services involved in the holiday package under the contract between the Guest and Scubaspa ZEN Indonesia, the total liability of Scubaspa ZEN Indonesia towards the Guest shall be limited in accordance with the international conventions applicable to it, which govern such services and in total not exceeding the remuneration received for a given holiday package.

28.5 Parents or legal guardians hereby assume full responsibility for their children's safety and release and hold Scubaspa ZEN Indonesia, its owners, employees, and directors harmless from any and all liability, claims, damages, costs and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death,that may be sustained by them and/or their child from whatever cause, while in or upon the vessel or any premises under the control and supervision of Scubaspa ZEN Indonesia, its owners and operators. Upon booking, parents must sign/electronically agree to a Disclaimer/Liability release form.

28.6. All costs associated with the repair of damage to any part of the vessel caused by a child are the sole responsibility of the parent or legal guardian. Should a cabin/suite be damaged and unfit for use due to the nature of the damage caused, the loss of booking revenue will be charged against the parent or legal guardian as an additional cost and will be based on two people sharing for a minimum of one tour.

28.7. Guests are solely responsible for any and all damage and/or loss caused by their violation of these Terms and Conditions.

29. PERSONAL DATA PROTECTION

29.1 To enable Scubaspa ZEN Indonesia to fulfill its obligations under these Terms and Conditions, We may require personal information relating to each Guest including but without limitation to the Guest's name, address, gender, citizenship, ID number, passport number, phone number, e-mail address, flight details which may also disclose any health, or medical conditions, any disability, or any other special needs of the Guest, to process the Guest's booking effectively.

29.2 Scubaspa ZEN Indonesia may pass this information on to other relevant entities such as travel operators, hotels, airlines or other transport providers, security and/or credit verification entities, credit and debit card companies or any governmental or public authorities, either as required by law or regulation or, if required by such other bodies to provide their services to the Guest effectively.

29.3 Without such information it may not be possible for Scubaspa ZEN Indonesia to fulfill its respective obligations under these Terms and Conditions.

29.4 The Guest expressly consents to such transfers of information.

29.5 Scubaspa ZEN Indonesia has the right to use photographic or video images of Guests taken onboard of the vessel or otherwise during the cruise holiday for marketing or other purposes.

29.6 Contact e-mail addresses

29.7 All notices and communication to Scubaspa ZEN Indonesia are to be sent to office@scubaspa-indonesia.com

30. GOVERNING LAW AND JURISDICTION

30.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Indonesia.

30.2 All disputes arising from or in connection with these Terms and Conditions which cannot be settled amicably shall be referred to the materially competent common court having jurisdiction over Scubaspa ZEN Indonesia's registered office.

31. FORCE MAJEURE

The obligations in this Terms and Conditions shall be rendered invalid in all circumstances of force majeure such as acts of god, civil unrest, war and war-like conditions, strikes, natural catastrophes, perils of the sea, fire, thefts, epidemics, acts of terrorism, the government ordered measures of closure and restraint that jeopardizes the ability of either the Guest or Scubaspa ZEN Indonesia to perform its duties. Under any conditions of force majeure, Scubaspa ZEN Indonesia shall not hold any direct liability to the Guest for failure to operate.

32. MISCELLANEOUS

The illegality or invalidity of any paragraph, clause, or provision of these Terms and Conditions shall not affect or invalidate any other paragraph, clause or provision thereof. All headings set forth in these Terms and Conditions are for convenience only and have no separate meaning or effect.