ASIA DIVE HOLIDAYS SDN. BHD.

The services provided and the respective liabilities and responsibilities are subject to these TERMS & CONDITIONS.

The online submission of the booking request form or via email or via online chat shall be deemed to constitute the acceptance of the Booking Terms and Conditions and Payment Methods by the Client and shall be an undertaking that he has the authority to act for and on behalf of the persons named on the Booking Request Form for the travel and tour services.

All general and special requests or collateral agreements of the client must be recorded in a written form and are deemed to be officially agreed upon only after their being included in the booking confirmation and client invoice.

1. RESERVATIONS, CONFIRMATIONS AND PAYMENTS

Reservations (bookings) for Mabul Island trips, transfers, hotels, side tours, etc. must be made in writing to Asia Dive Holidays Sdn. Bhd. This may be done by filling the following Inquiry form or by email or by online chat (email being the preferred method).

A full payment must reach us within 7 days after your initial booking (and for last minute bookings, a full payment must reach us at least one day prior to check-in date). If this is not forthcoming, your reservation will be canceled without notice. Also by this time, you must notify us your nationality, passport number, diver certification and it's level, gender, whether traveling single or as a couple, flight details, transfers and, hotels needed (in Sabah), additional tours and anything else you wish us to arrange for you.

Once your full payment reaches us, the confirmation of your booking take about 7 days or less.

In case of online payment method, the payment link that you will receive will remain active only for about 7 days or less in case of last minute booking or bookings with an arrival within less than 1 month.

2. CANCELLATIONS & REFUND POLICY

The following cancellation charges shall apply in general:

(a) Confirmation date to 62 days before arrival - 50% of the trip's full price forfeited

(b) From 61 days to 32 days before arrival 75% of the trip's full price forfeited

(d) ‘No show’ to 31 days before arrival date - 100% of the trip's full price forfeited

3. AFFIRMATION & LIABILITY RELEASE LETTER

Upon arrival, guests are required to sign an affirmation and liability release letter for the benefits of all parties.

The company shall NOT be held responsible and reserve the rights to charge the customer for any additional costs rendered by any last minute cancellations, delays and changes of any arrangement made by the customer (Less than 48 hours Before Arrival Time as per schedule). Guests are also recommended to follow our recommended flights in order to connect to our daily normal boat transfer in and out from the island to minimize the waiting time. All types of activities being offered by the company on the island especially dive activities are subjects to bad sea, weather conditions / poor visibility and also divers’ own physical abilities (eg. Injuries, intoxification, hangovers……etc). Therefore, we reserve the final decision and rights to either proceed or abort any activities / dives for any safety reasons.

The company will not be responsible or liable in whole or in part for any additional expenses incurred by the tour members as a result of the foregoing causes and over which it has no control such as but not limited too war, civil disturbance, fire, floods, unusually severe weather, strikes or other labour disputes, shortage of materials, transportation difficulties, accident, broken machinery or equipment required as part of the tour member’s itinerary, pandemic, border closure, flight cancellations, curfew, MCO, vaccination, quarantine, war, riot, acts of God or Government and change of laws.

The company reserves the right to alter the itineraries and/or substitute services with or without prior notice as a result of circumstances beyond the company’s control or if found to be in the best interests of all concerned.

The company suggest all tour members to be adequately insured for travel and dive insurance.

Flying After Diving (Last day at resort) – It is recommended that divers are to wait a minimum of 24 hours before they fly.

5. UNUSED SERVICES

No refund will be made for any part of the trip, shorten stay, transfers, side tours, hotels, meals, flights, diving permit etc. not utilized by the pax once the trip has departed from their place of origin.

6. CHILDREN POLICY

The following conditions apply to all NON-DIVING children:

Infants up to 2 years old are Free of Charge. The infant must stay in the same chalet as the parents.

Children 3 to 11 years who are NON-DIVERS are chargeable at children rate (please refer price list). They must stay in the same chalets with the parents, an extra bed will be provided in each chalet.

Children rate is based on the year of birth.

Any children who are a certified diver, no matter what age, and will be diving must pay full divers rates. PARENTS ASSUME FULL RESPONSIBILITY FOR THEIR CHILDREN AT ALL TIMES. SMART does not have and cannot provide any babysitting services for children nor will SMART bear any responsibility for anything that might befall said children.

7. OTHER REMARKS

Guests will be liable to pay any cancellation fees, service charges, etc. for any amendments or changes they make to their schedule once they at the resort.

We recommend that if you intend to go scuba diving, make sure you have an insurance policy that covers this activity. We strongly recommend that all guests take out adequate travel insurance covers accident, loss caused by cancellations, loss of luggage, personal property, medical expenses, medical evacuation and weather disruption / cancellations (including activity cancellations).

Guests intending on participating in diving activities must ensure their insurance (e.g Divers Alert Network Diving Insurance) covers them for SCUBA related activities and has appropriate 'depth ' coverage.

All of the prices are subject to change without prior notice.

8. LIABILITIES

We reserve the right to alter, amend or cancel any of the arrangements contained in the itineraries.

9. RENOVATIONS

We reserve the right, upon giving reasonable notice to close any parts of its facilities and/or carry out such repairs, renovations/s and/or upgrades from time to time as its deems fit in its sole and absolute discretion.

10. FORCE MAJEURE

We will not be liable in whole or in part by any cause beyond our control such as but not limited too, due to fire, flood, strikes or other labour disputes, shortage of materials, transportation difficulties, accident, pandemic, border closure, flight cancellations, government actions, curfew, MCO, vaccination, quarantine, war, riot, acts of God and change of laws.

11. LIABILITY/RELEASE FORM (WAIVER)

All guests will be required to sign a Liability/Release Form (Waiver) before or upon arrival and abide by all diving and safety rules of the resort. No diving or snorkeling activities will be permitted until the said form is signed and witnessed.

12. WEATHER CONDITIONS

The resort operate diving all year round but we cannot predict the weather conditions these days for scuba diving even for the best season.

13. DIVER TRAINING

All divers will be required to show proof of diver training from an internationally recognized Diver Training Agency upon arrival or they will not be allowed to dive without taking a dive course. SMART also reserves the right to require a Scuba Skills Refresher Course for any diver who cannot provide proof of diving in the last 12 months and/or exhibits uncertainty in their skills. Logbooks are highly recommended.

14. DIVING ON FIRST DAY AT RESORT – ORIENTATION

The first dive at the Dive Resort on the day of arrival will be an orientation dive with a Divemaster. This is required of all divers. Please take note that there is NO Underwater Camera or Video allowed during the orientation dive. Other jetty dives can be done on the first day under our UNLIMITED JETTY DIVES program. First day diving is depends on your arrival time to the resort.

15. NOTICE OF ENTRY PERMIT & DIVING AT SIPADAN ISLAND

Please be informed that all guests need to obtain entry permit daily to dive or visit to Sipadan Island and it will be subject to approval by the Sabah Parks Management, which is in control of issuing the entry permit. The total number of divers or visitors allowed to visit Sipadan island is restricted to 254 person per day.

The resort has been allocated 12 quotas each day out of the 254 person. Due to these limited quotas, the resort will only arrange for guests who stay from 5 nights onwards and taking the diving package, in order to have 1 day diving guarantee at Sipadan Island.

Bookings made at standalone chalet and suite chalet for a minimum of 5 nights stay (diving package), guests will be guaranteed 1 day diving (2 boat dives) at Sipadan. (Entry permit of MYR 477 to be paid locally at the resort. Inclusive of 8% SST).

Please note that each diver can only do 2 boat dives a day and must be a certified Advanced Open Water Diver.

The resort and agent will not be held responsible for not being able to provide diving at Sipadan due to the conservation measures by the Government.

However, should the entry permit to Sipadan Island not be approved, we can offer alternative trips to nearby islands such as Kapalai, Mabul, Sibuan, Boheydulang and Mantabuan where there are no restrictions on these islands. You may arrange this trip with our dive team in the resort.

16. FLYING AFTER DIVING (LAST DAY AT RESORT)

The latest recommendation from DAN, Training Agencies etc., indicates that you should wait a minimum of 12 hours and sometimes up to 24 hours after diving before you fly. However, SMART recognizes that people, agencies, and even computers and tables differ on this. If you choose to dive on the day you leave and fly, you will be required to sign a separate Liability/Release Form (Waiver) to do this. You will only be able to do one morning dive at 8.00am at Mabul Island; however, this is at the discretion of the resort Management. The extra charge for the dive on last day is RM 100.00 per person/per dive (subject to 8% SST).

17. FINAL DISCRETION

We reserves final discretion on who may or may not do any type of diving we offer, based on a diver's shown abilities, experience, etc. If a diver is or becomes physically incapacitated by injuries, illness, intoxication, 'hangovers', etc., we reserve the right to stop this person from diving.

The resort constantly remind all our valued guests that the future of the reef is in their hands, they are told not to touch, lift, remove or damage any of the flora and fauna of the reef.

All our Dive masters and Instructors are well versed on protection of our underwater ocean environment and have at all time been advising all Resort guest divers on the underwater rules during their briefings and this is our standard practice. These restrictions are also stated in our contract agreement signed by all guests.

Our resort do take it very seriously on the diving and underwater rules. If warranted, for consistent bad behaviors underwater, the resort will ban the divers from diving.

FINAL DISCREPANCY ON QUOTED PRICES AND CONDITIONS ARE SUBJECT TO CHANGE FROM TIME TO TIME AS REQUIRED DUE TO UNFORSEEN CIRCUMSTANCES.

Every booking has it's own T&C and it's own refund policy.

The validity of each payment link will also vary for each booking.

Asia Dive Holidays Sdn Bhd (Co. No. 977397-T) KPK/LN: 8399
1-2-2B, 2nd Floor, Block B, Kolam Centre Phase 2, Jalan Lintas
88300, Kota Kinabalu, Sabah, Malaysia

THESE TERMS AND CONDITIONS WERE UPDATED June 2024