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.
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.
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