Scubago Terms and Conditions

Introduction

Effective date: November 18, 2019

These Terms constitute a legally binding agreement (“Agreement”) between you and Scubago (as defined below) governing your access to and use of the Scubago website, including any subdomains thereof, and any other websites through which Scubago makes its services available (collectively, “Site”),  smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Scubago Services” or “the Service”).

The Site, Application and Scubago Services together are hereinafter collectively referred to as the “Scubago Platform”.

When these Terms mention “Scubago,” “we,” “us,” or “our,” it refers to the Scubago business unit which is part of LiveAboard.com BV, a company registered with the Dutch chamber of commerce under registration number 58348336.

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Scubago platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Scope of Scubago services

1.1 The Scubago Platform

The Scubago Platform is an online marketplace that enables third parties who offer services (“Operators”) to publish their services  (“Operator services”) on the Scubago Platform (as a “Listing”) and to communicate and transact directly with individuals visiting the Scubago website seeking to book an Operator Service. Persons receiving the Operator Services are Guests.

1.2 Operator services

Operator Services may include single or multi-day dive or dive related courses, trips or cruises in various categories (“Activities”)and the use of tools, gear and equipment (“Equipment”) and a variety of other travel and non-travel related services.

1.3 Regarding the EU directive on Package travel

As the provider of the Scubago Platform, Scubago does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Operator Services, nor is Scubago an organiser or retailer of travel packages under Directive (EU) 2015/2302 .

1.4 Role of the Operator

Operators alone are responsible for their Listings and Operator Services. When Visitors and Operators agree on a booking, they are entering into a contract directly with each other.

1.5 Role of Scubago

Scubago is not ,and does not seek to become a party to, or other participant in, any contractual relationship between Operators and Guests, nor is Scubago a Divecenter, a dive training facility or liveaboard operator.

While we may help facilitate the resolution of disputes, Scubago has no control over and does not guarantee or take responsibility for

(i) the existence, quality, safety, suitability, or legality of any Listings or Operator Services,

(ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Operator Content or Guest Content (as defined below)

(iii) the performance or conduct of any Guest, Operator or third party. Scubago does not endorse any Operator, Listing or Operator Services.

1.6 Relationship with Scubago for Operators

If you choose to use the Scubago Platform as an Operator, your relationship with Scubago is limited to being an independent Operator, and not a contractor, employee, agent, joint venturer or partner of Scubago in any capacity, and you act exclusively on your own behalf and for your own benefit. You acknowledge and agree that you have complete discretion whether to list Operator Services on the Scubago platform.  

1.7 Promotion

To promote the Scubago Platform and to increase the exposure of your Listings to potential Guests, Listings and other Operator Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

1.8 Translations

To assist Operators, Listings and other Operator Content may be translated, in whole or in part, into other languages. Scubago cannot guarantee the accuracy or quality of such translations and Operators are responsible for reviewing and verifying the accuracy of such translations. The Scubago Platform may also contain third party translations.

1.9 Third party services

The Scubago Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Scubago is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Scubago of such Third-Party Services.

1.10 Service level

Due to the nature of the Internet, Scubago cannot guarantee the continuous and uninterrupted availability and accessibility of the Scubago Platform. Scubago may restrict the availability of the Scubago Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Scubago Platform. Scubago will improve, enhance and modify the Scubago Platform and introduce new Scubago Services continuously.

2. Account Registration

2.1 Legal authority

You must register an account (“Scubago Account”) to access and use certain features of the Scubago Platform, such as managing your bookings. If you are registering a Scubago Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

2.2 Accuracy and completeness

You must provide accurate, current and complete information during the registration process and keep your Scubago Account and public Scubago Account profile page information up-to-date at all times.

2.3 Preclusion of multiple accounts

You may not register more than one (1) Scubago Account or assign or otherwise transfer your Scubago Account to another unless Scubago authorises you to do so.

2.4 Treatment of credentials

You are responsible for maintaining the confidentiality and security of your Scubago Account credentials and may not disclose your credentials to any third party. You must immediately notify Scubago if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Scubago Account. You are liable for any and all activities conducted through your Scubago Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

3. Content

3.1 Creation and usage

Scubago may, at its sole discretion, enable Operators to

(i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Scubago Platform (“Operator Content”); and

(ii) access and view Operator Content and any content that Scubago itself makes available on or through the Scubago Platform, including proprietary Scubago content and any content licensed or authorised for use by or through Scubago from a third party (“Scubago Content” and together with Operator Content, “Collective Content”).

3.2 Intellectual Property

The Scubago Platform, Scubago Content, and Operator Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Netherlands and other countries. You acknowledge and agree that the Scubago Platform and Scubago Content, including all associated intellectual property rights, are the exclusive property of Scubago and/or its licensors or authorising third-parties.You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Scubago Platform, Scubago Content or Operator Content.

All trademarks, service marks, logos, trade names, and any other source identifiers of Scubago used on or in connection with the Scubago Platform and Scubago Content are trademarks or registered trademarks of Scubago in the Netherlands and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Scubago Platform, Scubago Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Scubago Platform or Collective Content, except to the extent you are the legal owner of certain Operator Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Scubago or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, Scubago grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Scubago Platform and accessible to you, solely for your personal and non-commercial use.

3.3 Operator Content

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Operator Content on or through the Scubago Platform, you grant to Scubago a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Operator Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Operator Content to provide and/or promote the Scubago Platform, in any media or platform.

Insofar as Operator Content includes personal information, such Operator Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our  Privacy Policy.

Unless you provide specific consent, Scubago does not claim any ownership rights in any Operator Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Operator Content.

3.5 Accuracy of images

You are responsible for ensuring that your Operator Service is accurately represented in the images and you will stop using the images on or through the Scubago Platform if they no longer accurately represent your Listing, if you stop operating the Operator Service featured.

3.6 Usage of images by Scubago

You acknowledge and agree that Scubago shall have the right to use any images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.

Where Scubago is not the exclusive owner of images, by using such images on or through the Scubago Platform, you grant to Scubago an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.

3.7 Usage of images by Operators

Scubago in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use images outside of the Scubago Platform solely for your personal and non-commercial use.

3.8 Responsibility for Operator content

You are solely responsible for all Operator Content that you make available on or through the Scubago Platform. Accordingly, you represent and warrant that:

(i) you either are the sole and exclusive owner of all Operator Content that you make available on or through the Scubago Platform or you have all rights, licenses, consents and releases that are necessary to grant to Scubago the rights in and to such Operator Content, as contemplated under these Terms; and

(ii) neither the Operator Content nor your posting, uploading, publication, submission or transmittal of the Operator Content or Scubago’s use of the Operator Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.9 Prohibited Operator content

You will not post, upload, publish, submit or transmit any Operator Content that:

(i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;

(ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;

(iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(iv) is violent or threatening or promotes violence or actions that are threatening to any other person, animal or marine life;

(v) promotes illegal or harmful activities or substances; or

(vi) violates Scubago’s  Content Policy or any other Scubago policy.

3.10 Take down policy

Scubago may, without prior notice, remove or disable access to any Operator Content that Scubago finds to be in violation of applicable law, these Terms or Scubago’s then-current  Policies or Standards , or otherwise may be harmful or objectionable to Scubago, its Operators, third parties, or property.

3.11 Respect for copyright

Scubago respects copyright law and expects its Operators to do the same. If you believe that any content on the Scubago Platform infringes copyrights you own, please notify us in accordance with our  Copyright Policy .

4. Service fees

4.1 Types of fees

Scubago may charge fees to Operators (“Operator Fees” or  “Service Fees”) in consideration for the use of the Scubago Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

4.2 Change and notice

Scubago will provide Operators adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

5 Specific terms for Operators

5.1 Terms applicable to all Listings

Responsibility for the listing.

When creating a Listing through the Scubago Platform you must

(i) provide complete and accurate information about your Operator Service (such as listing description, location, and calendar availability),

(ii) disclose any deficiencies, restrictions and minimum requirements that apply (such as any minimum age, dive certification level, proficiency or mandatory medical statement for an Activity) and

(iii) provide any other pertinent information requested by Scubago. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

5.2 Price setting

You are solely responsible for setting a price (including, but not limited to discounts, surcharges and/or any taxes  and additional charges such as access fees for specific locations) for your Listing (“Listing Fee”). When Guest makes any  booking, you may not request that the Guest pays a higher price (directly or indirectly) than in your Listing.

5.3 Operator terms in Listing

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

5.4 Requirements for Images

Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Operator Services. Scubago reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

5.5 Ranking of Listings

The placement and ranking of Listings in search results on the Scubago Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Operator requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Operator Service, and/or ease of booking.

5.6 Agreement with the Guest

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Operator Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to  be charged the applicable Service Fee by Scubago and to pay any applicable Taxes.

6. Terms specific for Guests

6.1 Payment of fees

You can book a Listing available on the Scubago Platform by following the respective booking process, including, but not limited to, registering an account on Scubago. Your  Deposit payment, (“Total Fees”) will be presented to you prior to booking a Listing. You will pay the balance of the total booking cost directly to the Operator on site.

6.2 Agreement with the Operator

Upon your confirmation of a booking, a legally binding agreement is formed between you and the Operator, subject to any additional terms and conditions of the Operator that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.  Scubago will collect the Deposit payment at the time of the booking confirmation on behalf of the operator.

6.3 Responsibility for additional guests

If you book a Operator Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Operator.

6.4 Booking for minors

If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Operators may include additional requirements for bookings for minors in their respective terms and conditions.  

6.5  Requirements

You should carefully review the description of any Activity or other Operator Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Operator has specified in their Listing.

You may have to inform the Operator of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Activity or other Operator Service. In addition, certain laws or regulations at the location of the Activity or other Operator Service, may also apply.

6.6 Responsibility to comply with applicable regulation

You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Activity or other Operator Service.

6.7 Adherence to the Operator instructions during an Operator Service

Before and during an Activity or other Operator Service you must at all times adhere to the Operators’ instructions.

7 Booking Modifications, Cancellations and Refunds, Resolution Center

7.1 Responsibility for modifications

Operators and Guests are responsible for any modifications to a booking that they make (“Booking Modifications”), and agree to pay any additional Deposit payments, Operator Fees and/or Taxes associated with such Booking Modifications.

7.2 Cancellation by the Guest

If a guest cancels a confirmed booking, the guest may or may not receive a full or partial refund depending on the circumstance as described in the  Cancellation Policy

7.3 Cancellation by the Operator

If an Operator cancels a confirmed booking, the Guest will receive a full refund for any deposit payments made for such booking. In some instances, Scubago may allow the Guest to apply the refund to a new booking, in which case Scubago will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

Scubago may publish an automated review on the Listing cancelled by the Operator indicating that a booking was cancelled.

In addition, Scubago may keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking.

For Activities and other Operator Services, if circumstances occur that could pose a safety risk to Guests, or that prevent a Operator from carrying out a Operator Service, Operators may cancel the Operator Service.

7.4 Cancellation by Scubago

In certain circumstances, Scubago may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds. This may be

(i) where Scubago believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to the Guest, Scubago, Operators, third parties , or

(ii) for any of the reasons set out in these Terms.

8 Ratings and Reviews

8.1 Rating

Within a certain timeframe after completing an Activity, Guests can leave a public review (“Review”) and submit a rating (“Rating”). Ratings or Reviews reflect the opinions of individual Guests and do not reflect the opinion of Scubago.

8.2 Accuracy

Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Scubago’s  Content Policy and Extortion Policy.

8.3 Manipulation

Operators are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Operator.

8.4 Publication

Ratings and Reviews are part of an Operator’s public profile and may also appear elsewhere on the Scubago Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

10 Rounding and Currency fluctuations

Rounding: Scubago generally supports payment amounts that are payable from or to Guests or Operators to the smallest unit supported by a given currency (i.e., Euro cents, U.S. cents or other supported currencies). Where Scubago’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Scubago may, at its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Operators to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Scubago may round up an amount of €101.50 to €102.00, and round down an amount of €101.49 to €101.00

11 Taxes and VAT

The Operator is solely responsible for determining any obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, tourist or other visitor taxes or income taxes (“Taxes”).

The Operator recognises that  any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Listing or Activity is located or conducted may require Taxes to be collected from Guests or Operators on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Operators.

12 Prohibited Activities

12.1 Prohibitions

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Scubago Platform. In connection with your use of the Scubago Platform, you will not (and will not assist or enable others to):

  • breach or circumvent any applicable laws or regulations
  • use the Scubago Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Scubago endorsement, partnership or otherwise misleads others as to your affiliation with Scubago;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Operator, contained on the Scubago Platform in any way that is inconsistent with Scubago’s  Privacy Policy  or these Terms or that otherwise violates the privacy rights of Operators or third parties;
  • use the Scubago Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • contact another Operator for any purpose other than asking a question related to your own booking, Listing, or the Operator’s use of the Scubago Platform, including, but not limited to, recruiting or otherwise soliciting any Operator to join third-party services, applications or websites, without our prior written approval;
  • use the Scubago Platform to request, make or accept a booking independent of the Scubago Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Scubago Platform or Scubago Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Scubago harmless from any liability for such payment;

*discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;      

  • use, display, mirror or frame the Scubago Platform or Collective Content, or any individual element within the Scubago Platform, Scubago’s name, any Scubago trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Scubago Platform, without Scubago’s express written consent;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Scubago Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Scubago or any of Scubago’s providers or any other third party to protect the Scubago Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Scubago Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Scubago Platform; 

12.2 Operator content

You acknowledge that Scubago has no general obligation to monitor Operator Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Operator Content.

12.3 Appropriate authority

If you feel that any Operator you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities. You agree that any report you make to Scubago will not obligate us to take any action (beyond that required by law, if any).

13. Term and Termination, Suspension and other Measures

13.1 Duration of this agreement

This Agreement shall be effective until such time when you or Scubago terminate the Agreement in accordance with this provision.

13.2 Termination by an Operator

As an Operator you may terminate this Agreement at any time by sending us an email. If you cancel your Scubago Account as an Operator, no further bookings will be forwarded through the Scubago platform.

13.3 Termination by a Guest

As a Guest you may terminate this Agreement at any time by sending us an email. If you cancel your Scubago Account as a Guest, you will not be able to make any further bookings through the cancelled account.

13.4 Termination by Scubago

Without limiting our rights specified below, Scubago may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.

Scubago may immediately, without notice, terminate this Agreement and/or stop providing access to the Scubago Platform if :

  • (i) you have materially breached your obligations under these Terms, our policies or standards. 
  • (ii) you have violated applicable laws, regulations or third party rights, or
  • (iii) such action is necessary to protect the personal safety or property of Scubago, its Operators, or third parties (for example in the case of fraudulent behaviour of an Operator).

Cause for measures

In addition, Scubago may take Measures for any of the following causes:

  • (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body,

or if :

  • (ii) you have breached these Terms, applicable laws, regulations, or third party rights,
  • (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Scubago Account registration, Listing process or thereafter,
  • (iv) you and/or your Listings or Operator Services at any time fail to meet any applicable quality or eligibility criteria,
  • (v) you have repeatedly received poor Ratings or Reviews or Scubago otherwise becomes aware of or has received complaints about your performance or conduct,
  • (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or
  • (vii) such action is necessary to protect the personal safety or property of Scubago, its Operators, or third parties, or to prevent fraud or other illegal activity.

Measures

Any of the aforementioned reasons may cause Scubago to take any of the following Measures:

  • (i) Refusal to wholly or partially display, delete or delay any Listings, Ratings, Reviews, or other Operator Content;
  • (ii) Cancellation of any pending or confirmed bookings;
  • (iii) Limitation of your access to or use of the Scubago Platform;
  • (iv) Temporarily or permanently revoke any special status associated with your Scubago Account;
  • (v) Temporarily or in case of severe or repeated offences permanently suspend your Scubago Account and stop providing access to the Scubago Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Scubago and an opportunity to resolve the issue to Scubago’s reasonable satisfaction.

Non-compensation

If we take any of the measures described above you will not be entitled to any compensation for pending or confirmed bookings that were cancelled by Scubago.

Expulsion

When this Agreement has been terminated, you are not entitled to a restoration of your Scubago Account or any of your Operator Content. If your access to or use of the Scubago Platform has been limited or your Scubago Account has been suspended or this Agreement has been terminated by us, you may not register a new Scubago Account or access and use the Scubago Platform through an Scubago Account of another Operator.

14. Limitation Of Liability

In no event shall Scubago, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any damage during the Activity, even if the Guest has not signed a Statement of Risk and Liability in any format or form prior to the Activity. Diving has inherent risks which may result in injury or death and the Guest understands and agrees that Scubago cannot accept any responsibility for any damage that results from the Guests’ conduct or negligence or the conduct or negligence of the Operator.

In no event shall Scubago, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15. Availability, Errors and Inaccuracies

The Listings and information on the Service are constantly being updated by the Operators and Scubago. The Listings or information available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

Scubago cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

16. Applicable Law and Jurisdiction

These Terms of Use shall be governed by Dutch law and any dispute arising out of these Terms of Use and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.

If any provision of these terms and conditions is or becomes invalid, you shall remain bound by all other provisions hereof.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Modification of these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.