Ocean Active Terms & Conditions
(including PRIVACY, REFUND and CANCELLATION policies)
All bookings are made subject to the below mentioned terms and conditions:
1. BOOKINGS, DEPOSITS AND PAYMENTS: All reservations must be made by electronic mail and must include the date to which the reservation refers, the number of passengers, all passenger names and any special requirements.
a. Provisional Booking Confirmation & Deposit: A ‘Booking Request Form’ will be forwarded to the client on receipt of a booking request. A provisional booking will be made once a signed copy of the booking request form has been received from the client. The ‘Booking Request Form’ will contain all the appropriate details of the charter/trip and the client’s personal details.
b. Privacy of your Personal Information: In order to process your booking and meet your requirements we need to use the information you provide, such as your name and address etc. We must obviously pass the information on to relevant suppliers of your travel/accommodation arrangements. This information may also be provided to security or credit checking companies, public authorities, such as customs and immigration if required by them or by law. On occasion we may use it to send you brochures or other Ocean Active related material. We will not pass on information to any person or organization not involved in your travel arrangements. This also applies to any sensitive information that you give us, such as details of any disabilities, dietary/religious requirements. We will try our best to keep any personal information secure but we are not liable or responsible if any information enters the public domain.
c. Deposit: A 50% deposit of the total cost of the trip or charter will be required to confirm the provisional booking. This must be received within 7 days after the booking confirmation. When more than one trip is booked deposit charges apply to each trip.
d. Confirmation of Reservation Completed: As soon as a deposit and signed & completed ‘Booking Request Form’ along with a signed copy of the Terms and Conditions are received we shall send the client a confirmation of the reservation in the form of an e-mail and or receipt.
e. Balance Payment: Payment of the balance must be made at least 7 days prior to the charter date/dates.
f. Late Payments: If the deposit or final payment is not received within the stated period of time, the booking may be cancelled and/or Ocean Active will automatically offer the space to other parties and enforce applicable cancellation fees as set out in Clause 9.
g. Short Notice Bookings: Full payment must be made at the time of booking if the reservation is made less than 7 days prior to the trip/charter. Please refer to payment details in Clause2.
2. PAYMENT DETAILS:
a. Methods of payment: Bank transfer, credit cards, money order
b. Personal and company cheques must be cleared by our bank before a charter or products are released.
c. Bank account details: On request
Clients will be required to use their name or Invoice Reference on the payments and send a proof of payment to the email address that sent the invoice.
3. ALTERATIONS TO RESERVATIONS:
a. General: If a client wishes to cancel or change a reservation, in any way, it must be done by electronic mail transmission to Ocean Active. No telephonic alterations will be accepted. Any changes are subject to the below cancellation fees and are required to be confirmed back to the client in writing via email to confirm the change.
b. Amendments made by Ocean Active: Ocean Active reserves the right to change the details of a trip/charter without notice. In the rare event that changes have to be made to a trip or a charter this will be communicated to the client as soon as possible via any form of communication depending on time and necessity.
c. Substitute Guide: If one of the Ocean Active guides/captains is unable to take a trip/charter owing to illness or other circumstances, we reserve the right to substitute with another guide or in the worst case scenario cancel a trip/charter.
d. Amendments of arrangements made by the Client:
Any amendments to a booking by the client will be done subject to availability, and may be subject to cancellation fees if made within 1 week prior to the trip or charter.
If a client decide to change his/her booking after a reservation has been made Ocean Active will do what we reasonably can to accommodate the client but it may not always be possible. The client should notify us as soon as possible of any changes as the sooner this is done the more likely it is that we can make the change.
e. Amendment before commencement of trip/charter: If we are unable to amend a client’s arrangements due to circumstances beyond our control and the client wish to cancel the booking, normal cancellation charges will apply.
f. Amendments after commencement of trip/charter: Should a client’s plans change during a trip/charter, the first point of contact should be the Ocean Active Operation Manager. It is not the responsibility of Ocean Active to make changes to logistics or plans if not possible. Clients should be aware that Ocean Active may levy an amendment fee for this service and that no refund is available if the client amends his/her arrangements during a trip/charter.
g. Amendment Fees:
An administrative charge of 20% of the total invoice will be charged if any changes are made to a booking 7 days or less prior to trip/charter date in addition to any changes necessary to the original price of the reservation. The date that Ocean Active receives the alterations to the booking by electronic mail will be the date used to determine whether a fee will be charged. On Fridays, Saturdays and public holidays the next working day will count.
An acknowledgement and approval will be sent when the alterations are made. No amendments will be valid without the issuance of a new ‘Booking Request Form’ and accompanying Invoice.
When more than one trip/charter is altered, all conditions apply to each trip/amendment.
h. Substitute Passengers: If for any reason a passenger cannot make a trip that has already been booked then the reservation can be transferred to another person. The new passenger will be subject to the contract conditions of Ocean Active and the substitute passenger will be bound by Ocean Actives Terms and Conditions as per the previous booking. Ocean Active takes no responsibility for changes to any bookings not made by Ocean Active on behalf of the passenger (i.e. air tickets, hotel reservation etc.).
4. PRICING POLICY:
i. Prices in foreign currencies are based on exchange rates and Ocean Active reserve the right to change prices subject to market conditions
ii. Prices are quoted in either AED or USD.
iii. When rates of a local taxi or 3rd party services are indicated at the time of booking or during any subsequent communication we do not accept responsibility for any local price changes.
b. Included in Price: Fishing Charter Rate: Package includes boat, skipper/crew/guide, fuel, fishing equipment (lost and broken equipment will be charged for) cold drinks and drinking water.
c. Accommodation: In the case of booking accommodation the package will include the basis as confirmed on the invoice. Alcoholic beverages if allowed are at the costs and responsibility of the clients. Ocean Active is not responsible for buying or providing any alcoholic beverages. Any issues arising from the consumption of alcohol is solely the responsibility of the client and Ocean Active is not responsible or liable for any alcohol related incidents and cost thereof.
d. Transportation and Transfers Land transfers and transport is done by a third party supplier and Ocean Active is not responsible or liable for any accidents or fatalities caused during transport or transfers of clients. Clients use the service at their own risk.
e. Not included in the Price:
i. Hotel charges when making your own arrangements.
ii. Excursions and other personal expenditures and private tours
iii. Transfers, lunchboxes, and accommodation unless specifically booked and paid for at the time of booking.
iv. International and domestic air transportation
v. Travel insurance
vii. Photographic processing
viii. On-board telecommunications
ix. Crew gratuities
x. Other items not mentioned in this list but not included in an invoice when booking a trip.
f. Administration Fees: Additional booking fees may be charged on some trips. This fee, if applicable, is non-refundable and will be clearly shown in the description of the package or service. This is for additional work like booking tickets, hotels and work that is not a normal part of the booking process for a charter or trip. If Ocean Active makes bookings with a 3rd party supplier we will charge a 15% booking/administration fee.
5. SPECIAL REQUESTS
a. Ocean Active will try to meet any special requirements the client requests before commencement of the trip, but Ocean Active cannot guarantee special requests. If Ocean Active cannot meet the special requests (including food & beverage preferences) we will not pay any compensation or be held liable for any issues arising from not providing the preferred or requested food or beverages.
b. Ocean Active will not always be able to inform the Client before his/her trip/charter if the special requests can or cannot be met.
c. Ocean Active cannot accept special requests in relation to late availability or other special offers.
d. Ocean Active will not accept responsibility nor approve requests to pay costs for extra services requested by clients not included as prepaid on the invoices. It is the client’s responsibility to settle these costs when they occur direct with the supplier or if Ocean Active makes arrangements on the client’s behalf.
6. CHANGES TO BROCHURE & WEBSITE CONTENT, RATES AND TRANSPORTATION COSTS:
Every effort is made to ensure the website, brochure and information packs represents as closely and currently as possible the locations and scenery clients will experience. We believe that information contained in brochures, advertisements or articles is correct at the time of printing. Subject to any statutory liability, which may not be excluded by law, Ocean Active is not liable for any error, omission or inaccuracy in the website or which may occur after printing of the brochure.
Prices are subject to change without notice in the event of fluctuations in exchange rates or increases in supplier costs outside the control of Ocean Active.
a. Changes before conclusion of the booking confirmation: Ocean Active reserves the right to make alterations and changes to brochure information, service descriptions and prices in the brochures and price lists at any time before the time of booking. Should the necessity arise Ocean Active will inform the client prior to the conclusion of the booking confirmation. The date the booking is confirmed is the date a deposit is received by Ocean Active.
b. Changes after the booking reservation: In rare circumstances it is possible that prices must be increased. The circumstances under which this may occur are as follows:
i. Increases in transportation costs (including fuel costs)
ii. Increases in taxes and duties (i.e. airport taxes, landing fees, embarkation/disembarkation fees, sales taxes etc.)
iii. Currency fluctuations.
iv. Ocean Active reserves the right to raise the agreed price up to 14 days prior to departure.
c. Itinerary, Service, and Transportation Changes:
i. Ocean Active reserves the right to change the itinerary and particular services if required due to unforeseen or unavoidable circumstances after bookings. Ocean Active will make every effort to offer equivalent alternatives of a comparable standard. Ocean Active will inform such changes at the earliest possible date and the effect they will have on price.
ii. If Ocean Active deems it necessary to change an itinerary during a trip (i.e. due to weather conditions etc.) and the trip is adversely affected then Ocean Active will refund the difference between the agreed charter price and the services actually provided.
8. CANCELLATION & REFUND POLICY:
a. Cancellations by the Client
i. Cancellations of bookings will only be accepted in writing. There are time breaks and charges as to how soon before a trip a client may cancel.
ii. Ocean Active retains the right to keep any payments in compensation for potential lost bookings and income. Ocean Active reserves the right to resell a trip/charter at a discounted rate if a fully funded booking is cancelled.
b. Cancellation Charges: If a Client cancels a booking 7 days or more before the charter commencement date, Ocean Active will return the payment less any bank and administration charges incurred by Ocean Active.
The following cancellation fees will apply:
i. LESS THAN 1 WEEK NOTICE – 50% OF THE CHARTER/TRIP WILL BE CHARGED
ii. LESS THAN 48 HOURS’ NOTICE – 100% OF THE CHARTER/TRIP WILL BE CHARGED
c. Trip cancellation due to weather
If Ocean Active cancels a trip due to weather, sea state or instructions from authorities this will be done as early as possible and will be confirmed with the client. Ocean Active will offer a 50% refund or a 50% credit. No full refund or credit day will be supplied. Ocean Active has made all of the preparations for the trip and incurred costs and weather is out of Ocean Active hands. Ocean Active suggests taking out travel insurance to cover any lost costs and will supply a quote for the value of the lost charter on request.
d. Trip cancelled due to broken engines or boats
If a trip/charter is cancelled due to the broken engines or boat, then Ocean Active will provide a reasonable replacement on a best endeavours basis, if a suitable replacement is not found or provided then Ocean Active will refund or credit 100% the value of the charter. If a client chooses to use the provided replacement boat then a refund or credit day will not be provided. Ocean Active suggests taking out travel insurance to cover any lost costs and will supply a quote for the value of the lost charter on request.
e. Trip cancellation by Ocean Active:
i. Forced Cancellation: We have the right to cancel any trip or services up to 24 hours before commencement of the trip/charter for any reason we deem necessary or beyond our control, including unstable political conditions, weather, sea state, accidents out of our control etc. In the event of a trip/charter or service cancellation, alternative arrangements will be recommended if possible.
ii. Force Majeure and unpredictable acts of man: Ocean Active reserves the right to cancel a trip/charter for reasons of Force Majeure (i.e. natural disasters, epidemics etc.) or unavoidable acts of man (i.e. war, riots, strikes etc.). In the event of this happening Ocean Active will advise the client at the earliest possible date.
iii. If commencement of a fishing charter is not advisable - or may be dangerous to the life or health of the clients, Ocean Active staff or to the boat, the Ocean Active guide has the sole discretion to delay or cancel the trip/charter.
iv. Likewise during the fishing charter, if bad weather or force majeure events occur that make it inadvisable for the boat to enter port or continue with the charter. The Ocean Active guide shall have the right to delay or postpone seafaring until conditions allow.
f. Cancellation for Reasons caused by the customer: Ocean Active reserves the right to cancel a booking or services if actions on the client’s part give justifiable cause to do so. In such instance Ocean Active will not refund any payments already made. Further claims against Ocean Active will not be entertained.
g. Unused Services: No refund will be considered for non-acceptance of pre-booked services once trip/charter has commenced irrespective of the reason. Where a client are unable to travel due to invalid or mislaid travel documents (e.g. passport, visas), the unused portion of services which are included in the client’s package is not refundable. Any complaint while on a trip/charter should be made immediately to the Ocean Active guide. Please refer to the complaints section in clause13.
h. Trip Interruption: If the client interrupts or calls short a trip/charter then Ocean Active is not liable to any refunds.
a. Passport and Visa
i. The client will be responsible to obtain the required visas, passports and travel documents and to ensure that all these documents are valid for the countries they are visiting. Ocean Active is not liable or responsible for any clients travel documents or visas.
ii. Failure to have the correct travel documents, flights or visas resulting in the need to cancel travel arrangements will incur normal cancellation penalties. No refund will be available from Ocean Active due to lost travel documents or the failure to receive the correct travel documents.
iii. If Ocean Active or your carrier is fined as a result of a client holding incorrect documents, it will be the client’s responsibility to pay this amount.
b. Driver’s License: An international driver’s license is recommended in the UAE and the surrounding countries if you are hiring or driving a vehicle.
a. Cancellation and refund conditions are strictly enforced so Ocean Active strongly recommend that you carry comprehensive travel insurance which covers cancellation or interruption due to unforeseen circumstances or those beyond the client’s control.
b. It is the client's responsibility to obtain all travel, medical and goods insurance. The company will not be liable for any lost or damaged goods including medical, lost goods or accidents on any Ocean Active trips, charters or services offered.
c. The company may offer to help clients in the event of insurance claims.
11. LIABILITY RELEASE AND ASSUMPTION OF RISK:
a. Liability: Neither Ocean Active nor any person acting for, through or on behalf of the company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the foregoing shall particularly not be responsible for the loss or damage arising from any errors or omissions contained in its brochures or other literature, late or non-confirmation or acceptance of bookings, loss or damage caused by delays or illness, injury or death, whether occasioned by negligence or not. In addition the company shall have the right at any time at its discretion to cancel any trip/charter/service or the remainder thereof or make any alteration in location, accommodation, price or other details and in the event of any trip being rendered impossible, illegal or inadvisable by weather, sea state, strike, war, government or interference or any other cause whatsoever, the extra expenses incurred as a result thereof shall be the responsibility of the client. The company may, at its discretion and without liability to itself at any time cancel or terminate the clients booking and in particular without limiting the generality of the foregoing it shall be entitled to any refund. The person making the booking will, by the making of such booking, warrant that he or she has authority to enter into a contract on behalf of any person included in such booking, and in the event of failure of any or all of the other persons, so included to make payment, the person making the booking shall by his/her signature thereof assume personal liability of the total price of all booking made by him/her.
b. Delays: Ocean Active cannot be held liable for any delays owing to airlines, transportation, transfers not running on schedule etc.
i. When clients book any service with Ocean Active he/she accepts responsibility for any damage to property or accommodation caused by him/her or by any member of their party. The client agree to indemnify Ocean Active against any claims (including legal costs) made against the company or on behalf of the owner of any such property or accommodation.
ii. Ocean Active cannot be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with fishing and traveling to remote areas or as a result of acts or omissions of other third parties.
a. Ocean Active does not accept any responsibility for default causing loss or injury to persons whether by negligence or otherwise on the part of the principal providing any facilities or services described on the website or in the brochure. All receipts, itineraries and vouchers are issued subject to the terms and conditions. Ocean Active is not liable for any loss suffered by any person or any additional expense caused or occasioned by delay, change of aircraft service, alteration to any other travel service, illness, injury, strike, civil disturbance, terrorism, quarantine, flood or other disturbances of whatsoever nature, which interferes, alters or adds to the cost of the service requested or booked. Ocean Active not liable for any dissatisfaction the client may have with the properties. The above exclusion of is subject to any statutory liability which, if unresolved may not be excluded by law. No employee of Ocean Active or its representatives can change the terms under which any person agrees to take the trips.
b. Damages resulting from personal injury, illness or death:
i. Damages resulting from illness, personal injuries or death which may be sustained by reason of, or while engaged on, any trip whether due to the ownership, maintenance, use, operation or control of any automobile, boat, vehicle, hotel, common carrier or any other conveyance used in carrying out these trips. Ocean Active assumes no liability due to any cause whatsoever whether caused by failure or delay or other irregularity, acts or omissions occurring during a trip under which the means of transportation or other service provided thereby is offered or supplied by owners, operators or public carriers for and on behalf of Ocean Active.
ii. Ocean Active shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising, hijacking or military action occurring in the countries of origin, destination or passage.
iii. In case of a medical problem arising during the trip/charter, either on board or on shore, which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the Client and if Ocean Active incurs any costs these will be invoiced to the client.
c. Loss or damage to personal belongings: Ocean Active does not take any responsibility for loss or damage to guest's personal belongings that are due to Force Majeure causes or by transportation, accidents, theft or any other means.
d. Medical and Health: Ocean Active staff are not qualified to give you advice or assistance on medical matters. If any medication or advice is given by an Ocean Active staff or owner this is at the responsibility of the client. Ocean Active staff will not be responsible or liable for any issues caused by advice or medication given.
13. DAMAGES to OCEAN ACTIVE’s EQUIPMENT: Any damage to rods and reels provided by Ocean Active for the client’s use will be subject to a $250 charge to cover repair and courier costs.
14. LAWS: The agreement is made subject to and shall be governed by, and construed according to the laws of the country in which the trip takes place.
15. COMPLAINTS: In the unlikely event of a problem the matter must be immediately brought to the attention of the responsible person and the client should allow this person the opportunity to resolve the matter. In the unlikely event of the problem not being resolved satisfactorily, full details with supporting documents/records should be filed as a formal complaint and sent to the Ocean Active office in writing no later than 14 days after the incident. The responsible person will be requested to provide Ocean Active Management with a full written report of the incident. It is essential that clients follow procedure to enable the company’s managers the opportunity to personally investigate the problem. We regretfully will not accept any complaint as valid unless the correct reporting procedure is adhered to. In the event that you are entitled to and receive a refund after your trip, an administration fee will be deducted from such refund, to cover our own costs.
16. COPYRIGHTS: Ocean Active reserves the right without further notice to make use of any photography or film taken on the trip by its staff for general publicity purposes without payment or permission.