TERMS AND CONDITIONS
Welcome to the Terms and Conditions for the Innfins website and any associated services. This is an agreement (“Agreement”) between, Innfins, the owner and operator of innfins.com (“Innfins”, “we”, “us”, or “our”), and you (“you”, “your” or “user(s)”), a user of the Site, Software, and Service (“service”).
By using our Site, Service or any Software you agree to these Terms of Service and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and may notify you when we do so.
If you do not agree to the Terms of Service or the Privacy Policy please cease using our Software, Site and Service immediately.
BACKGROUND
Innfins has developed the Site and an online reservation system (the “Online Reservation System”) which enable individuals to browse, compare and reserve (the “Reservation”) diving services directly with a service provider (the “Service Provider”), including dives or diving packages, guided tours, diving safaris, courses, rooms, and equipment rental (the “Services”).
By browsing, accessing and using the Site and by using the Online Reservation System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.
The Parties agree as follows:
1. Scope of Service
1.1 Innfins acts solely as an intermediary between you and the Service Provider and through the Online Reservation System enables you to make a Reservation directly with the Service Provider, and charges a fee accordingly to the Service Provider. Innfins is not a party in this agreement.
1.2 Reservation created through the Online Reservation System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Reservation, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the “Service Provider Terms”). You are solely responsible for reading and understanding the Service Provider Terms prior to making a Reservation.
1.3 Innfins does not charge you for the use of Site or Online Reservation System.
1.4 Information displayed on the Site is based on information provided to Innfins by the Service Provider (the “Service Provider Information”). The Service Provider represents that the Service Provider Information is accurate, up to date, and not in any way misleading. Innfins does not guarantee that the information is reliable, accurate, complete, or free from errors.
1.5 Innfins does not endorse any of the Service Providers and makes no representations with respect to the affordability, quality, safety, or suitability of the Service Providers, or their ability to deliver the Services. Innfins holds no responsibility for the Services provided by the Service Provider.
1.6 The order in which information is displayed on the Site does not constitute an endorsement of any Service Provider. Innfins might use an automatic ranking process, which will be based on objective and fair criteria.
1.7 Innfins will ask customers to comment on all aspects of the Services, and may post such reviews on the Site.
2. Prices
2.1 Unless otherwise indicated in the Service Provider Terms, all rates and prices listed through the Online Reservation System include the cost of the base service, excluding surcharges, taxes and levies. Mandatory surcharges, taxes and levies, if applicable, are indicated through the Online Reservation System and in particular during the checkout process.
2.2 Innfins has an agreement with the Service Providers to get the best price available, so you will get the lowest price possible at the time of booking, guaranteed.
2.3 If you find another website and/or agent providing lower rates, contact Innfins directly and Innfins will match or even beat the price. You will need to contact Innfins before the departure date of your reservation.
2.4 You should be able to provide Innfins all details of the other deals including a link to the website where it can be found. The deal should be for a same product (same boat, same dates, same cabins, same booking conditions, same included and excluded extras, etc.). If any aspect of the deal is different, the deal will not match and Innfins will not be able to modify the reservation that has been made.
2.5 If the deal you found through another website and/or agent provides special membership rates, loyalty programs or if website and/or agent doesn’t display rates before you have requested them, Innfins’ best price guarantee doesn’t apply. In any case Innfins will do our best to make you an offer you cannot refuse.
3. Availability
Services displayed on Innfins’ Site are available for booking and subject to confirmation within 48 hours upon completing the reservation through the Online Reservation System, and:
for Services quantified in days, Service Provider agrees to provide such Services in strict accordance with the dates specified in the reservation.
for Services expressed in units other than days, Service Provider reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Service Provider has limited availability during the date range specified in the booking, the Service Provider agrees to notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.
4. Payment
Once a user makes a reservation using the Online Reservation System, Innfins will verify the Services with the Service Provider. After the verification Innfins will send payment e-mail to the User. All fees, costs, charges, taxes with respect to Services indicated in the payment e-mail are payable to Innfins via the payment method indicated in the payment e-mail. Once full payment has been received, Innfins will issue a booking confirmation.
5. Cancellation and Amendments
5.1 Different cancellation policies may apply to each reservation and for each reservation the User needs to agree with the specific booking conditions provided by the Service Provider.
5.2 No show for or early departure from a trip is considered to be the same as a cancellation after departure and no refund applies.
5.3 In case of a reservation amendment request Innfins will do our best to help you find a suitable alternative trip depending on availability of the Service Provider.
5.4 In case of amendment or cancellation with a (partial) refund Innfins reserves the right to charge you an administration fee to cover bank transfer and/or handling costs incurred, in addition to the cancellation policy as described under 5.1. This fee is calculated on the total amount of the reservation.
5.5 Due to trip cancellations, shortened trips, delayed or re-scheduled trips, you may be eligible for a refund. In such instances, the terms and conditions are solely those offered by that Service Provider and Innfins in no way accept responsibility, however Innfins will do our best to negotiate on the user’s behalf should it become necessary.
5.6 Cancellations always need to be submitted in writing by email to avoid misunderstanding.
6. Special Circumstances
6.1 During Reservation the User can make special requests. These requests may need additional information and will be agreed upon in communication between the Service Provider and the User. Innfins holds no responsibility for the availability or condition of rental gear, special dietary requests, specific extra cabin facilities, (dive) courses requested, activities requested and other special requests.
6.2 For diving gear, Innfins advise Users to bring their own gear as this will contribute to a better diving experience. Innfins do advise Users to rent an additional diving computer in case one breaks down.
6.3 Special dietary requests may be notified. Innfins advise however to limit these requests to necessary diet requirements only (e.g. due to religious beliefs or allergies). Innfins suggests that our Users enjoy the delicious food served onboard by most Service Providers.
6.4 For airports transfers please contact the Service Provider to confirm flight number, arrival time and meeting point. Innfins does not take responsibility for airport transfers.
7. Responsibilities
7.1 By making the Reservation provided through the Online Reservation System you agree that you reviewed the standards and requirements of the Service Provider, including but not limited to minimum diving certification requirement and/or minimum required logged dives, diving insurance requirements, personal information that the Service Provider requires you to provide, and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with the requirements. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fee may apply.
7.2 User(s) agree to respect the rules of the Service Provider. The User(s) acknowledge that if the rules of the boat are broken, the Service Provider (or Captain/Cruise Director) can deny entry on board, deny diving activities or any of the Services offered by the Service Provider. Also, the Service Provider, Captain, or Cruise Director has the right to put the User(s) onshore terminating all activities with that Service Provider if they seriously breach such rules as set by the Service Provider.
7.3 User(s) are responsible to meet the health and disability requirements defined by the Service Provider, and make sure they are in good shape by conducting a health checkup by a healthcare professional if they book a diving trip. User(s) must notify Innfins in writing at the time of booking of any physical or mental illness, disability or other conditions for which special accommodations or the use of a wheelchair is necessary or contemplated.
7.4 User(s) themselves are responsible to meet the passport, visa, and health requirements to enter the country or countries where the trip is organized.
7.5 User(s) should take care of their own insurance, ensuring it covers adventure travel and sports so as to be protected in case of dive accidents or other adventure-travel related risks.
7.6 User(s) are themselves responsible for transportation to and from the mooring location of the liveaboard or cruise boat. Innfins may offer some suggestion for airlines, hotels and transfer option, but holds no affiliation with these companies and thus cannot be held accountable for their services.
7.7 User(s) will be responsible for all costs involved in reaching the vessel if the User(s) are delayed or fail to reach the vessel by the scheduled time of departure. Alternative arrangement to reach the vessel may be possible to arrange locally. All costs such as staying at onshore accommodations, alternative diving arrangements etc. are the responsibility of the User(s). Innfins advise the User(s) to travel at least a day prior to their boarding date and to consider to have an extra day on land before the day of the return flight.
7.8 User(s) are solely responsible for following safe diving practices and the recommendations of their training institution on ‘no-fly’ timing after diving. In general, it is recommended to allow for a minimum of 24 hours no-fly time following a multi-day liveaboard or multi-day diving holiday.
8. Promotions
Innfins may issue promotion codes applicable to eligible Services as set out in the applicable terms. Innfins reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to Services reserved through Innfins.
9. Complaints and Disputes
9.1 Innfins only acts as the intermediary agent, therefore Innfins cannot be held responsible for the quality of the Services provided by the Service Providers. In case User(s) are dissatisfied with the Services provided, User(s) should step up immediately to the Tour Leader/Cruise Director/Captain or in the case of other diving/tour activities the person responsible at that Service Provider to communicate the complaint.
9.2 Complaints made after User(s) return from a trip will be passed to the Service Provider as constructive feedback to improve their Services.
9.3 In general the law of the country in which the transportation took place will apply to the relationship between the User(s) and the Service Provider. Disputes between the User(s) and the Service Provider will generally have to be settled by the court of the country in which the trip provided by the Service Provider took place.
10. Privacy
Innfins is committed to protecting and safeguarding your personal information. Innfins will only collect, use, and disclose personal information in accordance with the Privacy Policy. By using the Site and Online Reservation System you confirm that you have read the terms of Innfins’ Privacy Policy, and you agree and confirm that the terms of the Privacy Policy are reasonable.
11. Disclaimer
Innfins makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Site, the Online Reservation System, the Service Provider Information, the Service Provider Terms, the Services, or otherwise. In no event will Innfins be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to:
viruses or harmful components in software on the Site, interruption, delay or inability to use the Site or the Online Reservation System, and damage to computer equipment or other property;
implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
inaccurate, incomplete, unreliable, or misleading Service Provider Information; or
any act or omission of the Service Provider or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the Reservation or the Service Provider Services.
12. Personal Use Only
You agree that you will not use the Site or the Online Reservation System for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or hotlink any information, content, services, products, images or software on the Site without written consent from Innfins. You will not make any speculative, false, or fraudulent reservation using the Online Reservation System or attempt to advertise any services through posting comments or reviews.
13. Intellectual Property
Innfins is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Site and the Online Reservation System. By posting reviews or comments, you grant Innfins a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future users. You agree that Innfins may decide to remove your reviews or comments from the Site at its discretion, such as in the event that it deems your reviews or comments to be offensive.
14. Legal Structure and Governing Law
Guangzhou Innfins Information Technology Co., Ltd. is a company duly incorporated pursuant to the laws of People's Republic of China. These Terms of Service shall be construed in accordance with the laws of People's Republic of China.