GENERAL TERMS & CONDITIONS OF BIG OCEAN DIVE (BOD)

GROSSMAN OPENWATER SDN. BHD.

INTRODUCTION

These Terms and Conditions govern the partnership between Big Ocean Dive (BOD) and international schools for the planning and delivery of trips and outdoor educational programs. By engaging BOD’s services, the school agrees to the terms outlined below. These Terms and Conditions supersede any prior agreements or understandings.

1. OUR CONTRACT

1.1. All bookings and engagements with BOD are made with Big Ocean Dive (BOD). By entering into a written or verbal agreement, the school confirms acceptance of these Terms and Conditions.
1.2. Services provided will be outlined in the official confirmation issued to the school. Any changes to the booking must be mutually agreed upon and confirmed in writing.
1.3. Schools are responsible for verifying the accuracy of information on the invoice or confirmation. Errors must be reported immediately. Any costs arising from unreported errors will be borne by the school.

2. VALIDITY

2.1. The agreed-upon dates, itineraries, and prices are valid as per the confirmation and any subsequent updates provided by BOD.
2.2. Services are valid only on the dates indicated in the confirmation document or contract.

3. PAYMENT TERMS

3.1. Customized Payment Schedules:
Schools agree to adhere to the payment schedules provided by Big Ocean Dive (BOD) during the sales process. These schedules are customized based on the agreement made between the school and BOD and will be clearly outlined in the confirmation invoice.

3.2. Deposit and Balance Payments:

• The deposit amount and payment timeline will be specified in the customized payment schedule.
• The full balance must be paid before the trip commencement date, as indicated in the payment schedule. No trip will proceed without full payment.

3.3. Late Bookings:
For bookings made less than 60 days prior to the trip date, full payment is required upon confirmation.

3.4. Non-Payment and Cancellation:
Failure to adhere to the agreed payment schedule may result in the cancellation of the booking, with applicable cancellation fees as outlined in Section 5.

3.5. Invoices and Receipts:
All payments will be documented with invoices and receipts issued by BOD. Schools are responsible for reviewing these documents and reporting any discrepancies within 7 days of receipt.

4. SCHOOL RESPONSIBILITIES

4.1. Schools must provide a finalized list of participants, including teachers, students, and other attendees, no later than 30 days before the trip date.
4.2. All participants must have valid travel documents, including passports and visas if required. Schools are responsible for ensuring compliance with legal and travel requirements.

5. CANCELLATION POLICY

5.1. Cancellation by the School:

5.1.1. Non-Refundable Deposit:
A minimum of 20% of the total booking amount is non-refundable once the booking is confirmed and invoiced. This applies even if the school has not yet made the payment. Schools are liable for this 20% upon confirmation.

5.1.2. Refund Policy for Cancellations:

• 180 days or more prior to the trip date: 80% of the total booking amount is refundable.
• 60 to 30 days prior to the trip date: 50% of the total booking amount is refundable.
• Less than 30 days prior to the trip date: 100% of the total booking amount is non-refundable.

5.1.3. Adjustments for Participant Numbers:
If the school has fewer participants than initially invoiced for after final sign-ups, BOD will allow for a margin of up to 10% fewer participants without additional charges. Any shortfall beyond this margin will result in charges based on the original invoice.

Example Calculation Based on 100 Participants:

• Total cost per participant: RM 1,000
• Total booking amount for 100 participants: RM 100,000
• Non-Refundable Deposit (20%): RM 20,000 is non-refundable once the booking is confirmed and invoiced, even if payment has not yet been made.

Cancellation Refunds:

• 180 days or more prior to the trip date: Refund of 80% of RM 100,000 = RM 80,000
• 60 to 30 days prior to the trip date: Refund of 50% of RM 100,000 = RM 50,000
• Less than 30 days prior to the trip date: No refund

Adjustment for Fewer Participants:

• If the school confirms 90 participants instead of 100 (10% fewer), the adjusted invoice will be based on 90 participants.
• If the school confirms fewer than 90 participants (e.g., 85 participants), the school will still be invoiced for 90 participants.

6. CHANGES TO BOOKINGS

6.1. Amendments to the booking must be requested in writing at least 30 days prior to the trip date and are subject to availability. Additional costs may apply.
6.2. No amendments can be made within 30 days of the trip date.

7. SERVICES PROVIDED

Inclusions: As stated in the invoice
Exclusions: Anything not mentioned in the invoice

8. LIABILITY & INSURANCE

8.1. Schools must ensure all participants have valid travel insurance covering accidents, health, cancellations, and personal liability.
8.2. BOD is not liable for:

• Injuries or damages resulting from the actions or omissions of participants or third-party service providers.
• Changes in itineraries caused by unforeseen circumstances such as weather, strikes, or third-party delays.

8.3. Schools assume responsibility for the conduct and supervision of their participants throughout the trip.

9. FLEXIBILITY & ITINERARY CHANGES

9.1. Schools acknowledge that trip itineraries may require adjustments due to unforeseen circumstances. BOD reserves the right to make necessary changes to ensure the safety and well-being of participants.
9.2. Major changes will be communicated as soon as possible, and alternatives will be offered when feasible.

10. PARTICIPANT BEHAVIOR

10.1. Schools are responsible for ensuring that participants adhere to the rules and guidelines set by BOD and its trip leaders.
10.2. BOD reserves the right to remove participants who pose a safety risk or disrupt the trip, with no refunds provided.

11. FORCE MAJEURE

11.1. BOD is not liable for delays, disruptions, or cancellations caused by events beyond its control, including but not limited to natural disasters, political unrest, pandemics, or government restrictions.

12. CLAIMS & DISPUTES

12.1. Complaints must be raised with the trip leader during the trip to allow for immediate resolution.
12.2. If the issue remains unresolved, schools may submit a formal complaint in writing within 30 days of the trip’s conclusion.

13. UPDATING TERMS & CONDITIONS

13.1. BOD reserves the right to update these Terms and Conditions. The most recent version will be published on the BOD website and will apply to all contracts moving forward.

14. PHOTOS, VIDEOS, AND MEDIA USAGE

14.1. Media Captured During Trips:
During the trip, photos, videos, and other media may be captured by BOD representatives or third parties engaged by BOD for documentation or promotional purposes.

14.2. Consent for Media Use:
By engaging BOD’s services, the school acknowledges and agrees that any media captured during the trip may feature students, teachers, and other participants. BOD reserves the right to use this media for marketing, promotional materials, social media, website content, and other business-related purposes without additional consent or compensation.

14.3. Participant Privacy:
BOD will take reasonable steps to ensure that no sensitive personal information is disclosed in the media. If a school or individual participant explicitly requests exclusion from media usage, this request must be communicated in writing to BOD at least 7 days prior to the trip.

14.4. Ownership and Rights:
All media captured by BOD or on behalf of BOD during the trip remains the property of BOD. Schools, teachers, or participants are not permitted to use this media for their own marketing or commercial purposes without prior written consent from BOD.

REGISTERED ADDRESS:

Big Ocean Dive (Grossman Openwater Sdn. Bhd.)
A-1-12, Plaza Damas 3,
63 Jalan Sri Hartamas 1,
50480 Kuala Lumpur.