These Terms and Conditions, also called Booking Conditions, together with our privacy policy and where your holiday is booked via our website, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Dirty Dozen Expeditions Inc, which is a Wyoming State (USA) corporation whose registered office is 1309 Coffeen Ave, Ste 7335, Sheridan, Wyoming 82801, USA, trading as The Dirty Dozen Expeditions.
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
he/she accepts communications, correspondence and notices issued by us or our agents on behalf of all persons detailed on the booking.
Booking & Paying For Your Arrangements
A booking may include but is not limited to, a combination of flights, transport, accommodation, vessel bookings, transfers, excursions, diving equipment, meals, luggage transfer services, and car hire.
A booking is made with us when you pay us a deposit (or full payment if you are booking within 180 days of departure) and we issue you with a booking confirmation and an invoice.
Unless specifically agreed otherwise, in which case payment details will be confirmed by Dirty Dozen Expeditions Inc in your booking confirmation, payments will be due in accordance with our defined payment terms and conditions, available at https://thedirtydozenexpeditions.com/payment-and-cancellation-terms
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.
If we do not receive the balance in full for your booking on time in accordance with our defined payment terms and conditions, we reserve the right to treat your booking as canceled by you in which case we shall retain your deposit.
Where payment is not made using sterling, United States Dollars, Australian Dollars or Euro, we will convert the payment amount into one of these currencies calculated through an agreed independent third party resource (e.g. www.xe.com) at the time of booking.
Accuracy of Advertising Material
We endeavor to ensure that all the information, availability, prices, representative availability, and surcharges (including equipment hire) on our advertising materials are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Insurance
Adequate diving and travel insurance is a condition of your contract with us including:
Dive Injury Insurance: covering all risks, costs, and expenses likely to be incurred as a result of a diving injury, including but not limited to re-compression chamber treats, air evacuation, and loss or damage to possessions. We recommend that this insurance covers SCUBA diving to your planned diving activities as a minimum as well as any other SCUBA activities that are confirmed in your itinerary or you may reasonably expect to be carrying out as part of your booking;
Medical Evacuation Insurance: covering all risks, costs, and expenses likely to arise from a diving injury or necessitating your evacuation to a place of specialist care, including but not limited to low altitude air evacuation; specialist treatment and direct; and indirect losses; and
Travel Insurance.
You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in the event of accident or illness, diving injuries, and medical evacuation.
Suitable diving insurance policies for your booking may include Dive Assure, Divers Alert Network as well as your preferred diving insurer covering the risks, costs, and expenses raised above.
You must provide us with the name of your insurers and your policy number when you book with us or as soon as possible thereafter. If you have not provided us with the name of your insurer and policy number within fourteen (14) days of booking (or three (3) days before departure if your booking is made within fourteen (14) days of departure) we reserve the right to cancel your booking and refund all payments you have made to us.
If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Health Requirements
We reserve the right to prevent your participation in any activities if you are deemed medically unfit to do so or at our sole discretion, you are not fit to participate in the activities.
COVID REQUIREMENTS
You are required to comply with the Covid laws, regulations, and rules of the countries you will be traveling from and to, including all intermediate, connecting, and layover stops. You are required to comply with the Covid laws, regulations, and regulations of the airlines and other common carriers upon which you plan to travel.
This includes but is not limited to vaccination, testing, and quarantine requirements. Failure to comply with Covid laws, rules, and regulations is not a basis for a refund or credit. If you are ill with Covid at the time of your scheduled trip, that will be treated like any other illness pursuant to these Terms and Conditions and our Payment and Cancellation Policy.
In this regard, we remind you that adequate diving and travel insurance is a condition of your contract with us and you should carefully review the policy provisions before purchasing insurance.
Dive Qualification / Dive Experience Requirements
Where your holiday requires any Mandatory or Recommended minimum dive qualifications and experience, in order to participate in diving on your holiday (e.g. Extended Range, Mod 2, etc) you will be notified before booking. You will be required to present the qualification card(s) and recent logbook(s)upon check-in onto the vessel to prove your Mandatory or Recommended dive qualifications and experience.
Important Note: Where the required qualification card(s) and recent logbooks are not presented or the dive crew is not satisfied that you meet the minimum dive qualifications, safety requirements or experience for the dive, the dive crew have final judgment and have the right to refuse access to the dive sites during the holiday.
During the holiday, guests are responsible for their own dive profiles and must stay within the limits of their certification, follow dive computer guidelines, and follow their decompression profile. They must also follow any instructions given by the dive crew aboard the vessel.
Please contact us at info@thedirtydozen.org if you have any questions about these requirements.
It is mandatory that all divers hold the correct minimum diving qualification (or equivalent) and a minimum number of logged dives for the itinerary you are booked on.
Pricing
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
You will be charged for the amount of any increase. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges, and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or canceling and receiving a full refund, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of USD10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within twenty (20) days of your departure nor will refunds be paid during this period.
Jurisdiction and Applicable Law
These Terms and Conditions and any agreement, booking, or reservation to which they apply shall be governed by the laws of The United States. Any dispute, claim, or other legal matter concerning your agreement, booking, or reservation with Dirty Dozen Expeditions Inc shall be heard exclusively in the courts of the United States, with venue in Wyoming, or the Courts of the State of Wyoming, and you waive the right to be heard in any other jurisdiction.
Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first-named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of USD 100 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with our payment and cancellation terms and conditions.
If you decide not to participate in any diving activities or you are unable to participate due to the reasons mentioned above, you will not be entitled to a refund.
Transfer of Booking:
If you or any member of your party is prevented from traveling, that person(s) may transfer their place to someone else, subject to the following conditions:
that person is introduced by you and satisfies all the conditions applicable to the holiday;
we are notified not less than 30 days before departure;
you pay any outstanding balance payment, an amendment fee of USD100 per person transferring, as well as any additional fees, charges, or other costs arising from the transfer; and
the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as outlined in our payment and cancellations terms in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not traveling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us by email at info@thedirtydozen.org, telephone on +971 54 319 3889 or by post to our registered office. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more members of a party cancel, it may increase the per person holiday price of those still traveling and you will be liable to pay this increase.
Since we incur costs in canceling your arrangements, unless specifically agreed otherwise, in which case payment details will be confirmed by Dirty Dozen Expeditions Inc in your booking confirmation, you will have to pay the cancellation charges found at https://thedirtydozenexpeditions.com/payment-and-cancellation-terms.
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
If We Change or Cancel
Changes
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers, changes to vessels, changes to the vessel departure port resulting in a delay of fewer than 12 hours, changes to dive sites and dive times by less than 12 hours. Where a vessel departure port is changed, we will endeavor to provide transport from the original departure to the new departure. Please note that carriers such as airlines and vessels used in the brochure may be subject to change.
Cancellation
We will not cancel your travel arrangements less than ninety (90) days before your departure date, except for reasons of Events Beyond our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(for significant changes) accepting the changed arrangements; or
please refer to payment and cancellation terms - https://thedirtydozenexpeditions.com/payment-and-cancellation-terms. ; or
if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request a notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Events Beyond our Control
We will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. We will not be liable for any additional expenses incurred by you in connection with your booking through another supplier such as insurance, flights, hotels, transfers, or ground arrangements including car hire. For the purposes of these Booking Conditions, Events Beyond our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if reasonable measures had been taken. Examples include declared/undeclared warfare and acts of terrorism (and the threat thereof) domestic and foreign, civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes, or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labor strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel, etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
Disabilities and Medical Problems
We are not a specialist holiday company. If you have a medical issue or disability that may affect your booking, please provide us with full details BEFORE you make your booking so that we can try to advise you as to the suitability of your desired booking. If you did not give us full details before your booking, your medical issue or disability is not a basis for a refund or credit.
Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday and you wish to complain further, you must send formal written notice of your complaint to us at info@thedirtydozen.org, ideally within thirty (30) days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out may affect the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
LIMITATIONS OF LIABILITY
We will not be responsible, liable for, or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it results from:
a) The acts and/or omissions of the person affected;
b) The acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
c) Missed or delayed airline flights or connections or other common carrier travel
arrangements, including but not limited to baggage delay or loss;
d) A failure to provide Advance Passenger Information in a timely, accurate, and complete manner to The Dirty Dozen Expeditions, airlines, common carriers, governmental agencies, or place of accommodation (e.g. a hotel); or
e) Events beyond our control.
We will not be responsible for, liable for, or pay you compensation for any damage, loss,
expense, or other sums of any description (collectively, “Loss”):
a) on the basis of the information given to us by you before or at the time of your booking if we could not have reasonably foreseen such Loss;
b) related to any business Loss; or
c) that are an indirect or consequential loss.
Your Behaviour
General
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager, flight attendants, skippers, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, abuse, threats, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of the termination.
Equipment/ Property
You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. We reserve the right to take a deposit at the time of issuing any equipment to you. If you fail to make a payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
Activities
Some of the activities offered by us can be considered dangerous. It is extremely important that you listen to the advice and guidance given by our staff or local representative(s). You should not participate in any activities whilst under the influence of alcohol or any drugs. We shall have no liability to you if you participate in activities against our advice or guidance or if you are under the influence.
Children
Children under eighteen (18) years of age must not be left unsupervised while on-board or in the water. Parents and guardians are responsible for the supervision of children under eighteen (18) years of age. One parent or guardian must supervise children during dives. This may mean that parents or guardians are unable to dive together. Guests are not advised to bring children under the age of twelve (12) on a live-aboard safari due to the environment and the nature of the holiday.
Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Special conditions apply for travel to the USA, and all passengers must have individual machine-readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.
We do not accept any responsibility if you are delayed, cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses that we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require the assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or another transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorization before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Advance Passenger Information
Many government agencies, airlines and other common carriers, and places or accommodations require Advance Passenger Information (“API”). Dirty Dozen Expeditions Inc also requires API. You are required to comply with all API requests in a timely, accurate, and complete manner. Please see our Privacy Policy for more information.