Terms & Conditions

Snorkeling Academy shall endeavor to provide a safe and enjoyable course and/or excursion to the course or excursion participant ("participant") subject to the following Terms & Conditions. The making of a reservation shall conclusively establish participant's acceptance of these Terms & Conditions.

1. EXCURSIONS AND COURSES

a. EXCURSION PARTICIPATION. Excursions go to locations that require basic to more advanced swimming and snorkeling abilities. Participant must be able to snorkel without the aid of floatation devices, such as life jackets, floatation rings, or human assistance. Participant must be able to propel themselves unaided against current. Participants who do not have the required skills will be asked to return to the boat and cease snorkeling.

b. COURSE PARTICIPATION. Participant shall have physical and mental abilities and skills required for the course undertaken by the participant. Different courses require different abilities and skills. A participant shall be solely responsible for assessing his or her abilities and skills prior to making a reservation for a course or excursion. If Snorkeling Academy determines that a participant does not have the requisite abilities and skills, Snorkeling Academy may terminate the participant's participation and no refund will be given.

c. PRICE INCLUSIONS: Prices include boat transportation, boat safety equipment, jetty and marine park fees, meals and beverages, and equipment for snorkeling (mask, snorkel and fins).

d. PRICE EXCLUSIONS: Prices exclude airport transfer, ground transportation, accommodations, photo services, long fins for freediving, scuba diving equipment, dive computers, personal items such as sunscreen and medicine, clothing, rash guards, wetsuits, insurance, guides, and equipment and other things not mentioned in PRICE INCLUSIONS.

e. GUIDES. In-water guides are not included in the price of excursions. Guides are available for hire at the participant's election.

f. PHOTOGRAPHERS. Participant may hire a Snorkeling Academy photographer to take photographs during participant's excursion. Hiring of a photographer must occur at least two (2) weeks before the excursion.

g. MINIMUM EXCURSION PARTICIPANTS. All excursions require a minimum of four (4) participants. If an excursion does not have the minimum required participants, Snorkeling Academy will endeavor to have participant join a different excursion. If Snorkeling Academy is unable to accommodate participant with a different excursion, participant may elect to pay an additional fee for a chartered excursion or to receive a full refund.

h. PARTICIPANT AGE. Participant must be a minimum of eight (8) years of age. Individuals younger than eighteen (18) years of age must be accompanied by a parent or other responsible adult. Parents are solely responsible for the supervision of minor participants to ensure compliance with these Terms & Conditions.

i. CHANGES TO ITINERARY. Snorkeling Academy reserves the right, at its sole and absolute discretion, to make changes to or cancel a course or excursion due to inclement weather, rough seas, operational needs, or other circumstances without prior notice to participant. Snorkeling Academy will provide a full refund for cancellations by Snorkeling Academy that occur prior to the beginning of the course or excursion. Cancellations made by Snorkeling Academy after a course or excursion has started are not entitled to a refund.

j. MEALS. Our meals strictly follows a NO PORK policy. We are unable to accommodate food allergies, food restrictions, or special diets (vegetarian). Participant may bring their own food if they wish.

2. PAYMENT, CHANGES, CANCELLATIONS AND REFUNDS

a. RESERVATIONS: All courses and excursions must be paid in-full at the time of reservation. ALL RESERVATIONS ARE NON-REFUNDABLE, UNLESS STATED OTHERWISE HEREIN.

b. PAYMENT DETAILS: All payments must be made on-line at the time of reservation at www.snorkelingacademy.com.

c. PARTICIPANT CHANGES: Participant may change dates for courses and excursions two (2) weeks before the date of the course or excursion, subject to availability by contacting Snorkeling Academy. Snorkeling Academy will endeavor to accommodate participant, but the ability to make a change is not guaranteed. Any changes must be made in writing with written proof provided to Snorkeling Academy upon request.

d. PARTICIPANT CANCELLATIONS. Cancellations made forty-five (45) days or more before the date of the course or excursion shall receive a refund of 50% of the amount paid. Cancellations made less than forty-five (45) days before the date of the course or excursion are fully NOT REFUNDABLE.

3. FITNESS FOR ACTIVITIES, ASSUMPTION OF RISK AND WAIVER OF LIABILITY

a. PARTICIPANT HEALTH. Participant is responsible for ensuring their physical condition is good enough to handle the potential rigors of snorkeling.

b. ASSUMPTION OF INHERENT RISKS. Participant understands and acknowledges the inherent risks of snorkeling and boating and agres to accept personal liability for such risks. Risks include, but are not limited to, death, injury, catastrophic injury, drowning, stroke, heart attack, apnea, sun exposure, hypothermia, hyperthermia, infection, cuts, bruises, marine life stings, venoms or poisons, marine life attacks, lightning strikes, waves, currents, poor visibility both above and below the water, boat collision, propeller injuries, boat capcizing, boat sinking, mechanical failures, equipment failures, and other risks both known and unknown.

c. WAIVER OF LIABILITY: Prior to participating in a course or excursion, participant shall sign a waiver of liability and indemnification agreement waiving liability of Snorkeling Academy, indemnifying Snorkeling Academy for any injuries caused by or to the participant, and acknowledging and agreeing to these Terms & Conditions. Refusal to sign a waiver of liability and indemnification shall be deemed a cancellation by the partipant.

d. INDEMNIFICATION FOR EMERGENCY RESCUE. Participant agrees to pay all costs and expenses incurred if an emergency rescue of participant is required. Snorkeling Academy, in its sole and absolute discretion, will decide if an emergency rescue is warranted. Costs and expenses may include, but are not limited to, boat transportation, helicopter rescue, refunds paid to other participants for cancelled excursions as deemed reasonable by Snorkeling Academy, medical treatment, medical transport, police transport, and any other costs, whether known or unknown, to perform an emergency rescue.

e. TRAVEL, HEALTH, AND OTHER INSURANCE. Participant enrolls in and participates in courses and excursions at their own risk and subject to Snorkeling Academy's Terms & Conditions. Insurance provides a way for participant to minimize their financial risks. Snorkeling Academy specifically disavows liability as stated herein and for any liability not specifically accepted herein. Participants are advised to consider insurance to minimize financial risks of trip interruption or cancellation, medical treatment, medical transport, emergency rescue, body transport, lost income, and other risks for which insurance may provide coverage.

4. EXPECTATIONS OF PARTICIPANT

a. COMPLIANCE WITH DIRECTIVES. Participant shall comply with all directives of employees of Snorkeling Academy.

b. ENVIRONMENT CONSIDERATIONS. Participant must use "good manners" while snorkeling. This includes many "nots": not touching coral; not touching fish, turtles and other marine life; not discarding rubbish into the sea; not being so loud as to disturb the experience of other participants.

c. DON'T TOUCH POLICY. Participant's touching of coral and marine life, whether intentionally or inadvertently, shall result in the cessation of the participant's snorkeling, the participant remaining on the boat for the remainder of the excursion, AND AN ADDITIONAL FEE OF RM2,500 THAT MUST BE PAID PRIOR TO PARTICIPANT'S DEPARTURE FROM THE BOAT. We take protection and preservation of the marine environment with the utmost seriousness and expect the same from participant.

d. FREEDIVING. Unless specifically designated, excursions are not intended for freediving and do not have the requisite equipment and supervision for safe freediving. Participant is advised to dive no deeper than participant's abilities and no more than ten (10) meters.

e. SUN AND BODY PROTECTION. Participant is responsible for providing their own sun and body protection. The sun is strong in Semporna and the strength is compounded by the marine environment. The marine environment may have jelly fish and other stinging creatures. Rain, wind, and boat transportation may cause cooling of the body. Participant is encouraged to wear a rash guard suit or wetsuit to protect themselves and to bring appropriate clothing for potential weather conditions.

5. OTHER TERMS AND CONDITIONS

a. NON-DISPARAGEMENT. Snorkeling Academy and participant agree that they shall not disparage the other, whether in reviews, social media posts, or other communication mediums. Participant agrees that disparagement of Snorkeling Academy may result in harm to Snorkeling Academy's reputation and business and that Snorkeling Academy may seek injunctive relief, monetary relief, attorney fees, and other costs for bringing an action against participant for disparagement, defamation and related causes of action.

b. MODIFICATIONS OF THE TERMS AND CONDITIONS. Snorkeling Academy may modify the Terms & Conditions provided herein without notice. In the event of a conflict between the Terms & Conditions herein and the Terms & Conditions signed by a participant just prior to participating in a course or excursion, the Terms & Conditions signed just prior to participating shall be controlling.

c. LANGUAGE. In the event these Terms & Conditions are translated into a language other than English, for example through translation software, interpretation and enforcement of these Terms & Conditions shall be exclusively based on the English version of these Terms & Conditions and the English language.

d. INTERPRETATION. Interpretation of these Terms & Conditions shall be made in the manner most favorable to Snorkeling Academy.

e. SURVIVAL OF TERMS. In the event a term or condition in these Terms & Conditions is held unenforceable, all remaining terms and conditions shall remain enforceable.

f. VENUE FOR DISPUTES. In the event that a lawsuit is filed between Snorkeling Academy and participant, suit shall be filed in Semporna, Sabah, Malaysia, or the nearest venue to Semporna in which suit may be filed.

g. JURISDICTION. Jurisdiction of all disputes shall be under the laws of Sabah, Malaysia.

h. POSTING OF ATTORNEY FEES AND COSTS. If participant files suit against Snorkeling Academy, Snorkeling Academy shall have the right to request and receive the posting of Snorkeling Academy's anticipated attorney fees and costs by the participant prior to suit proceeding. Snorkeling Academy shall have the right to request and receive additional anticipated attorney fees and costs to be posted by participant as the suit progresses. Failure to post attorney fees and costs shall be grounds for dismissal of the suit res judicata.

i. WAIVER OF ATTORNEY FEES. Participant agrees to waive any and all attorney fees and other costs participant may incur in bringing suit against Snorkeling Academy.

j. COMPLETE AGREEMENT. These Terms & Conditions contain the complete agreement between Snorkeling Academy and participant. The Terms and Conditions may not be modified by either party, whether in writing or verbally. In the event of a dispute, the Terms & Conditions shall constitute the sole and absolute agreement between the parties.

Terms & Conditions

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