TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR MAKING A BOOKING ONLINE. YOUR USE OF THE SITE AND THE ONLINE BOOKING SYSTEM CONFIRMS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE OR THE ONLINE BOOKING SYSTEM.

IKIGAIEXPERIENCE.COM.BR RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING UPDATED TERMS ON OUR SITE. SUCH CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.

 

  • Ikigaiexperience.com.br Web Portal Inc. (“Ikigaiexperience.com.br”) has developed a website (the “Site”) and an online booking system (the “Online Booking System”) that allow individuals to browse, compare and book (the “Booking”) diving directly with a dive center (the “Dive Host”), including dives or dive packages, guided tours, diving safaris and courses.

     

  • By browsing, accessing and using the website and using the Online Booking System, you acknowledge and agree that you have read, understood and agreed to these terms and conditions.

 

The parties agree as follows:

  1. service scope


Ikigaiexperience.com.br acts exclusively as an intermediary between you and the Dive Host and through the Online Booking System allows you to make a Reservation directly with the Dive Host, and:
(a) The booking created through the Online Booking System will constitute a direct contract between you and the Dive Host in accordance with the terms and conditions set forth in the Booking, including, but not limited to, fees, costs, charges and taxes and any cancellation or no-show charge (the “Dive Host Terms”). You are solely responsible for reading and understanding the Dive Host Terms before making a Reservation.
(b) Ikigaiexperience.com.br does not charge for the use of the website or online reservation system.
(c) The information displayed on the website is based on information provided to Ikigaiexperience.com.br by the Diving Host (the “Diving Host Information”). Diving Host represents that the Diving Host information is accurate, up-to-date and in no way misleading. Ikigaiexperience.com.br does not guarantee that the information is reliable, accurate, complete or error-free.
(d) Ikigaiexperience.com.br does not endorse any of the Dive Hosts and we make no representations regarding the accessibility, quality, safety or suitability of the Dive Hosts, or their ability to provide the Dive Services.
(e) The order in which information is displayed on the Site does not constitute an endorsement by any Dive Host. Ikigaiexperience.com.br will use an automatic classification process, which will be based on objective and fair criteria.
(f) Ikigaiexperience.com.br will ask customers to comment on all aspects of the Diving Services and may post such reviews on the Site.

  1. Privacy


Ikigaiexperience.com.br is committed to protecting and safeguarding your personal information. Ikigaiexperience.com.br will only collect, use and disclose personal information in accordance with the Privacy Policy. By using the website and the online booking system, you confirm that you have read the terms of the Ikigaiexperience.com.br Privacy Policy and that you agree and confirm that the terms of the Privacy Policy are reasonable.

  1. prices


Dive hosts warrant that the diving services displayed on the Ikigaiexperience.com.br website are offered at the lowest price available through any booking or booking method with respect to applicable dates, booking terms and diving services inclusions at the time of booking. Unless otherwise stated in the Dive Host Terms, all fees and prices listed through the Online Booking System include the total cost of all services and charges related to the Dive Services, including but not limited to all surcharges, taxes and fees.

  1. Availability


Diving services displayed on the Ikigaiexperience.com.br website containing a 'Book now' button are available for booking, subject to immediate confirmation upon completion of booking via the Online Booking System, and:
(a) For diving services measured in days, the Dive Host agrees to provide such services in strict accordance with the dates specified in the reservation.

  1. Payment


In the case of daily diving booking with a Dive Centre, all fees, costs, charges and taxes relating to the Dive Services are payable directly to the Dive Host on the booking confirmation. The reservation fee charged on the Ikigaiexperience.com.br website is intended for the dissemination and marketing-place of the operators as well as to maintain the website's operating costs. Ikigaiexperience.com.br will not collect or store credit card information on its servers.

  1. Cancellation or Rescheduling

Cancellation Policy

For reimbursement of the amount paid, the following notice periods must be considered:

  • Full refund: up to 7 days in advance;
  • Promotions will not be refunded, only rescheduled;
  • Up to 24 hours after purchase, the amount can be refunded at 100% if the start of the experience is at least 48 hours away from the moment of the refund request.

Rescheduling Policy

  • Up to 24 hours after purchase, a rescheduling may be requested if the start of the experience is at least 48 hours from the time of order.
  • To transfer the dive date or change the reservation, the request must be requested at least 72 hours before the start of the experience.
  • After the transfer of the experience day, it is not possible to have a refund of the amount paid.
  • If you need to change the date less than 72 hours in advance, but longer than 24 hours, an amount of R$ 100 per person will be charged. This fee is charged because the operator needs to contact the accredited instructors days before the dive is performed.
  • 24 hours before the dive we were unable to reschedule, not even paying R$100 per person.

NOTE: Diving can continue to be performed even on rainy days, as it does not directly affect the dive. If the operator assesses on the day that the weather may impact the safety and quality of the dive, we will reschedule together with the client or refund the amount.

  1. Special Circumstances

The Dive Host reserves the right to cancel or may suggest the provision of Dive Services on an alternative date if weather conditions make it unsafe to provide Dive Services on a date specified in the booking confirmation. In such event, the Dive Host will act in accordance with the applicable policy specified by the Dive Host in the Booking Policy document signed at the time of purchase by the Host Customer. If the Dive Host is permanently unable to deliver the Dive Services as a result of acts of God, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, acts of war or riots, the Dive Host will use commercially reasonable efforts to inform the Client Host without delay and will return to the same without deduction any amounts charged by the Dive Host in payment for the Diving Services. The scope of costs to be paid or reimbursed to the Host Customer by the Dive Host is limited to costs directly related to the provision of Diving Services in accordance with the booking made through the Online Booking System, including dives, diving packages, guided tours , diving safaris, courses and equipment rental. The Dive Host is not responsible for costs such as airfare or any other costs that are not directly related to the provision of Dive Services.

  1. Responsibility


By booking diving services through the online booking system, you agree that you have reviewed the dive host's standards and requirements, including, but not limited to, minimum diving certification requirements, diving insurance requirements, personal information that the dive host requires you to provide, and forms that the Dive Host requires you to sign, such as the Medical Statement, Liability Statement or Risk Assumption Agreement forms. You are responsible for understanding and complying with the requirements and we encourage you to consult with the Dive Host about the requirements before making a booking. Failure to meet the requirements may result in your inability to use the Dive Services and a late cancellation fee may apply.

  1. Communication


Online Booking System provides whatsapp contact and phone number where you can contact Dive Host directly to request additional information or to confirm booking details like pick up time and location. Ikigaiexperience.com.br is not responsible for verifying the accuracy of the information provided by 
Dive Host. To answer questions and facilitate communication with the Dive Host, Ikigaiexperience.com.br is responsible for managing a customer support team, which can be contacted via whatsapp or at ikigaiexperience@gmail.com.

  1. promotions


Ikigaiexperience.com.br may issue promotional codes applicable to qualifying Dive Services, as set out in the applicable terms. Promotional codes can be redeemed by entering them in the appropriate field during the booking procedure. In the event that a promotional code does not apply to one or more products selected during the booking process, a warning message will be displayed describing the applicable term that limits the use of the promotional code. Ikigaiexperience.com.br reserves the right to modify or cancel promotional codes at any time. Discounts are only applicable to services booked through Ikigaiexperience.com.br. The discount may be provided directly by the Diving Host or you will be compensated by Ikigaiexperience.com.br for the amount of the discount if the Diving Host charges the full price at the time of payment for the Diving Services.

  1. Disclaimer


Ikigaiexperience.com.br makes no warranty, representation or warranty, express, implied or statutory, with respect to the website, the online booking system, dive host information, dive host terms, dive services or others. In no event will Ikigaiexperience.com.br or its affiliated companies, directors, employees, agents or contractors (the “Representatives”) be liable for any cost, loss, damage or injury of any nature (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:
(a) viruses or harmful components in the website software, interruption, delay or inability to use the website or the online booking system, and damage to computer equipment or other property;
(b) implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement;
(c) inaccurate, incomplete, unreliable or misleading information from Dive Host; or
(d) Any act or omission of Diving Host or its directors, officers, agents, employees or contractors, including but not limited to any and all claims relating to the Reservation or the Diving Host Services.

  1. For personal use only


You agree not to use the Site or the Online Reservation System for any purpose other than your personal, non-commercial use. You will not use the information for competitive use and you will not copy, post, display, download, reproduce, resell, scrape or create direct links to any information, content, services, products, images or software on the website without explicit reference to Ikigaiexperience.com .br. You will not make any speculative, false or fraudulent bookings using the Online Booking System or attempt to advertise any service by posting comments or ratings.

  1. Intellectual property


Ikigaiexperience.com.br is the exclusive owner of all right, title and interest in and to all intellectual property with respect to the Site and the Online Booking System. By posting reviews or comments, you grant Ikigaiexperience.com.br the non-exclusive right to use, reproduce and change your ratings or comments in its sole discretion for the purpose of informing future customers. You agree that Ikigaiexperience.com.br 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.

  1. Legal Framework and Applicable Legislation


Ikigaiexperience.com.br is a company duly constituted in accordance with the laws of the District of Santa Catarina, Brazil. These Terms and Conditions shall be interpreted in accordance with the laws of the Comarca de Santa Catarina and the laws of Brazil.

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