Poni Divers Booking Terms and Conditions

PONI DIVERS BRUNEI (KPSU/TDD/2002/44TO)
IANTD Dive Center #1392
PADI Dive Center IRAA #S-22307

General Terms & Conditions for Provision of Dive Services to facilitate your full acceptance of your transaction with us, it is pertinent that you read, understand and then agree to the terms and conditions stated herewith:

1. Entities in agreement

“Company” Poni Divers Brunei (Registered Brunei Tour Operator KPSU/TDD/2002/44TO, Registered PADI Dive Center IRAA #S-22307, Registered IANTD Dive Center #1392), the provider of tours and dive services, packaged or otherwise, directly or through independent contractors, to specific individuals or groups in exchange for a specific remuneration. “Client”, Individuals or groups who make specified payments to participate in tours or dive services provided by the operator, packaged or otherwise, as well as appointed distribution channels such as a travel agency or others, who transact on behalf of person or groups participating in tours.

2. Rates & Payments

All rates are quoted in Brunei Dollars (BND), unless otherwise stated. Payment methods accepted will be determined at time of enquiry and during the booking process.

3. Booking & Enquiry procedures

All bookings, requests or enquiries will be replied by email within (two) 2 Brunei Darussalam’s working days. In the event that a reply is not received within the said period, a follow-up email is to be sent to facilitate a response. All tour bookings are applicable upon a minimum of two (2) adults unless otherwise indicated. A booking is only deemed to have been made upon payment of a deposit or full payment within a specified time frame – the terms of these will be specified by the company.

4. Tour & Dive prices

Tour and dive prices are based on arrangement. For private arrangements, different prices apply. Items and services included for each tour itinerary are listed in their own respective sections.

Tour / Dive Fare Excludes:

Bank transaction charges, flight tickets, passport & visa fees, airport tax, tips to local guides and boatmans;, items of personal nature such as beverages and meals (unless specified in the packages);, any other items not specifically mentioned as included will be borne by the client directly.

5. Cancellation

The company must be notified in writing of any cancellation of tours or services by fax or email. A notice is only considered to have been served provided that an acknowledgement and acceptance by the company has been obtained by the client.

Cancellation charges will apply as follows:-

Time Period Before Tour/ Service Cancellation Charges
30 days or more B$50.00 charge, or 10% of total amount, whichever is greater
14 – 29 days 50% of the total amount
4 – 7 days 80% of the total amount
3 days or less 100% of the total amount
A cancellation charge of 100% of the total amount will be levied for no-show.

The company reserves the right to impose cancellation charges different from those listed above, especially for group bookings or other bookings with circumstances different from the usual arrangement.

6. Timely delivery of tours & services

The company endeavours to deliver tours/services punctually. Where times are subject to fluctuation, such facts will be made known to the client at time of booking, either directly or through the marketing material.

The client undertakes to ensure punctuality of either themselves (if they are the actual ones utilizing tours/services) or of the tour participants, for the start of the tours/services or for all instances during the tours/services where punctuality is required, such as during start of excursions, at check-out and at other relevant instances.

A tour participant is strictly deemed a no-show if arriving 30mins (or more) after agreed start time of tours/services.

7. Refunds

No refunds will be entertained for no-show, or if a tour participant voluntarily leaves a tour, dive or event for any reason whatsoever after the tour/dive/event has begun. If a tour/dive/event participant is involuntarily forced to leave a trip for any reason, refunds will be at the sole discretion of the company.

No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.

Refunds, whether partial or in full, will also be made in the following situations:
• Cancellation of tours or services, subject to cancellation charges as listed in the previous section.
• Where previously a client had booked on a solo basis at a higher price, and there is then availability of other guests going on the same tours or services.

All other requests for refunds for whatever reason other than those listed here may be considered, but must be made in writing and received within 14 days of the return date of the tour.

8. Liability for tour services

The company packages and operates dive tours and dive services, packaged or otherwise, either through its own capacity or through the services of other independent contractors. The tour services described in respective media, including but not limited to transportation, lodging, and sightseeing, may either be partially or fully provided by the carriers, hoteliers, and other suppliers that are independent contractors and not agents for, employees, partners, or joint ventures of the company. The company is not responsible for any loss of or damage to property or death or injury to persons, resulting from any act or omission of any supplier providing any tour service or any other person or entity or caused by strike, war, weather, quarantine, sickness, government restriction or regulation, or any other cause beyond its reasonable control. A client expressly waives all rights which he or she may have against the company in connection with the foregoing. Under no circumstances is the company to be construed as a carrier under contract for safe carriage of the client or his or her belongings.

The company will make every effort to operate all itineraries as published in respective media. However, circumstances may arise which would require adjustments to the schedules or content of the tour. The company will do all that is possible to avoid such changes but expressly reserve the right to make such adjustments where necessary. Alternate programs may apply without prior notice.

9. Age Restrictions

For family packages and other activities offered by Poni Divers, a child under the age of 16 years has to be accompanied by one adult. Due to safety concerns no child below the age of 10 is allowed to join our dives nor any of the free-time activities such as para-sailing, jet-ski or other activities operated by Poni Divers. Children below the age of 5 may accompany family events free of charge.

10. Special Assistance

Upon making bookings or enquiries for disabled customers or those with special needs, detailed notice of disability or special needs and required special assistance are to be made from the start, so that the client can be informed whether provision of dive services may or may not be carried out within the company’s competence. The company reserves the right to refuse provision of dive services without refund to customers who required special assistance which the company is unable to provide.

11. Passport / VISA

It is the client’s sole responsibility to obtain the necessary documentation or clearance, such as passports, visas or letters, for travel to and from Brunei Darussalam or the countries in which the dive activities will be carried out, including in countries of transit. The company does not accept any responsibility for tour participants being refused entry into any country due to incomplete travel documentation or clearance.

Find out more at the Ministry of Foreign Affairs here

12. Public Holidays

Any information given by the company about public holidays, special events or opening hours of establishments is given in good faith. If dates or other details change or are in error, the company accepts no responsibility for resultant loss, injury or inconvenience suffered.

13. Legal Jurisdiction

In the event of any disputes or other issues requiring legal interpretation or action in a court of law, the terms of this agreement shall be construed in accordance with the laws and norms of Brunei Darussalam only.

Terms & Conditions effective as of 1st January 2018, until such time as a replacement is drafted. The above terms and conditions are only applicable to the particular transaction for which they were provided for, and do not necessarily apply to future transactions, however similar in nature.

Poni Divers Brunei –Unit S1 & S2, 2nd Floor, Al-Warasah Building, Muara Town, Brunei, BT 1187

Terms & Conditions (Poni Divers - General)

These terms and conditions outline the rules and regulations for the use of Poni Divers Website.


Poni Divers is located at:
Poni Divers Serasa
Serasa Watersports Complex
Serasa Beach, Muara Town,
Brunei Darussalam BT 1728

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Poni Divers's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Brunei Darussalam. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Poni Divers's website you consent to the use of cookies in accordance with Poni Divers’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Poni Divers and/or it’s licensors own the intellectual property rights for all material on Poni Divers. All intellectual property rights are reserved. You may view and/or print pages from https://www.ponidivers.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://www.ponidivers.com
  2. Sell, rent or sub-license material from https://www.ponidivers.com
  3. Reproduce, duplicate or copy material from https://www.ponidivers.com

Redistribute content from Poni Divers (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources.
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to enquiries@ponidivers.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Poni Divers’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.