The Terms & Conditions of Sale

IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:-

1. Definitions: 

In these terms and conditions, the following expressions shall have the meanings set out below:

“Agent” means any person, firm, partnership, company or other legal entity who makes a reservation on behalf another person or group. An agent may have a dual capacity when making a Dive Package reservation for himself/herself & another person or group of persons

“Cruise” means the cruise on board Dewi Nusantara as specified in the invoice

“Cruise Application Form” means the form sent to you by us requesting personal information about you or in the case of an Agent your Guests which includes contact details, dive certification, insurance information, dietary preferences & other information

“CTDL” means CTDL Limited

“Deposit” means the deposit paid by you to secure the Dive Package as specified in the invoice

“Dewi Nusantara” means the dive vessel as KM Dewi Nusantara

“Dive Package” means the liveaboard dive holiday experience on board Dewi Nusantara & includes all meals, snacks, local beer, a glass of wine with dinner and all soft beverages, transfer to & from the airport to Dewi Nusantara, up to 4 dives per day, all air fills, weights and weight belts, dive instructors/masters but excludes pre or post cruise hotels, domestic & international flights, our concierge fees for arranging bookings for flights & hotels, dive gear rental, nitrox fills, alcoholic beverages (other than as mentioned above), boatique items, park and harbour fees, long distance fee, dive courses, fuel surcharge, currency surcharge & all taxes & other costs imposed by local or national government

“Embarkation Date” means the date on which you are scheduled to start the Cruise

“Force Majeure” means fire, acts of god, war, terrorism, riot or civil commotion, strikes, quarantine, government or other official intervention, closure of national or local borders, visa or other restrictions on the entry or movement of people or goods within Indonesia, natural disasters, extreme weather, epidemics, pandemics, disease, local unrest, or due to any reason whatsoever outside the reasonably foreseeable control of us

“Full Boat Reservation” means a reservation made for 18 paying Guests on the same Cruise at the same date.

“Guest” means each & every person making a Dive Package reservation with CTDL either by yourself or via an Agent

“Half Boat Reservation” means a reservation made for 9 paying Guests on the same Cruise at the same date.

“invoice” means the invoice for the Dive Package issued by CTDL

“PTDN” means PT Dewi Nusantara

“Rebooking” means change in your itinerary, schedule or date of Embarkation Date resulting from the Covid-19 pandemic or other circumstances as permitted & agreed by us from time to time

“Release of Liability & Assumption of Risk Form” means the form to be completed & signed by you

“us & we” means CTDL &/or PTDN as the use herein requires

“Voucher” means the credit voucher issued by us to you where a Rebooking is permitted

“Voucher Terms & Conditions” means the terms & conditions of the Voucher

“you, your & yourself” means the person making the reservation or when an Agent is making the reservation it will include the person or persons for whom the Agent is making the reservation as well as the Agent

Where an Agent is making a reservation on behalf of a Guest or Guests these terms & conditions shall apply to Agent & the Agent’s Guest & the Agent shall ensure that his or her Guest is provided with a copy of these terms & conditions

2. Agreement:

If you are a direct booking Guest making a reservation or a rebooking:

• CTDL agrees to sell you the Dive Package & you agree to buy the Dive Package from CTDL subject to:-
  • You paying CTDL the Dive Package price & any extra or supplemental charges set out in the invoice (as amended from time to time),
  • these terms & conditions,
  • you truthfully, accurately & fully completing a Cruise Application Form in accordance with clause 13
  • you signing the Release of Liability & Assumption of Risk Form in accordance with clause 13
  • PTDN will provide you the services in the Dive Package on board the vessel known as Dewi Nusantara
  • no contract shall exist between us and you until you have paid the Deposit,
  • In the case of Rebooking these terms & conditions shall apply save where there is an inconsistency between these terms & conditions & the Voucher Terms & Conditions in which case the Voucher Terms & Conditions shall prevail

If you are an Agent making a reservation:

• CTDL agrees with you to sell the Dive Package to your Guest subject to:-
  • You paying CTDL the Dive Package price & any extra or supplemental charges set out in the invoice (as amended from time to time) on behalf of your Guests,
  • these terms & conditions,
  • your Guest(s) truthfully, accurately & fully completing & signing a Cruise Application Form in accordance with clause 13
  • you providing each Guest with a copy of these Terms & Conditions & requiring them to read & agree to them in full
  • each Guest completing & signing a Release of Liability & Assumption of Risk Form in accordance with clause 13
  • PTDN will provide your Guests the services in the Dive Package on board Dewi Nusantara
  • no contract shall exist between us and you until you have paid the Deposit,
  • In the case of Rebooking these terms & conditions shall apply save where there is an inconsistency between these terms & conditions & the Voucher Terms & Conditions in which case the Voucher Terms & Conditions shall prevail

3. Dive Package Price 

• The price of the Dive Package is specified in the invoice
• All services purchased on board Dewi Nusantara such as alcoholic beverages, boatique items and all other services consumed on board Dewi Nusantara are subject to local taxes at the prevailing rate at the date of your Cruise & shall be paid by the Guest to PTDN
• All Dive Package prices are in US$ & based on a shared basis of 2 guests per cabin. If you decide you do not want to share a cabin with another guest a 65% supplemental charge will be made for single occupancy in a Deluxe Stateroom & a 100% supplemental charge will be made for single occupancy in the Master Suite
• The Dive Package price is locked in upon receipt of the full Deposit payment and will not change unless the reservation is changed.

4. Payment Terms 

If you are a direct booking Guest making a reservation or an Agent making a reservation:

4.1 You must pay:-

4.1.1       a non-refundable Deposit of 25% of the Dive Package price to CTDL by no later than 10 days after the date of invoice.

4.1.2       The remainder of the Dive Package price, amounting to 75% of the Dive Package price & park and harbour fees, long distance fee, dive courses, nitrox fills, nitrox course instruction, fuel surcharge, currency surcharge, all taxes & other costs imposed by local or national governments, must be paid to CTDL no later than 90 days prior to your Embarkation Date & is non-refundable.

4.1.3         The cost of extra services requested by you or your Guest(s) such as flights & hotels etc will be notified to you as & when we receive details from the third party provider & you must pay this to us in full within 10 days of notification from us.

4.1.4         All payments made to CTDL must be net of any bank or credit card fees, bank charges, currency charges & other deductions and must represent the full amount as stated on the invoice.

4.2   Payment terms for Half Boat Reservations and Full Boat Reservations:  

For a Half Boat Reservation & a Full Boat Reservation the following shall apply:

4.2.1       A non-refundable deposit amounting to 15% of the total Dive Package Price must be paid to CTDL by no later than 7 days from the date of the invoice.

4.2.2       You must pay 35% of the total Dive Package price must be paid to CTDL by no later than 12 months from the Embarkation Date. This is non refundable.

4.2.3       You must pay 50% of the Total Dive Package and any supplemental charges must be paid to CTDL no later than 90 days prior to the Embarkation Date. This is non-refundable

4.2.4       The cost of extra services requested by you or your Guest(s) such as flights & hotels etc will be notified to you as & when we receive details from the third party provider & you must pay this in full within 10 days of notification from us.

 4.2.5      If the total amount of any of the above mentioned payments are not received on or before the due dates mentioned above then CTDL has the right to cancel the reservation and no refund will be given

4.2.6       All payments made to CTDL must be net of any bank or credit card fees, bank charges, currency charges & other deductions and must represent the full amount as stated on the invoice.

5. Alteration of reservation/itineraries & cancellation of reservation 

5.1 Cancellation by you:

5.1.1       cancellation of your reservation must be in writing. The date of cancellation shall be the date of the receipt by us of your email or mail of cancellation

5.1.2       All monies paid by you to CTDL shall be retained by CTDL & forfeited without right of refund.

5.1.3       in view of these strict cancellation provisions we strongly recommend that You buy “cancel for any reason insurance” at the time of your reservation and you acknowledge the importance of securing such insurance cover.

5.2 Cancellation by us:

5.2.1       We reserve the right to cancel any Cruise and we agree to inform you as soon as reasonably possible using the contact information you have given us. If such cancellation is due to circumstances which are reasonably foreseeable & totally within our control we will either (at our option):

5.2.1.1 agree to refund you all monies paid by you and you agree to accept such refund as being in full and final settlement of all and any of our liability to you, or,

5.2.1.2 if you (or your Guest) is/are already in Indonesia we will try to provide you (or your Guest) with alternative holiday arrangements of an equivalent standard. We will not be liable or responsible for any further claims or a refund and shall not be liable for damages or loss (other than a refund) if a trip is cancelled and alternative arrangements are offered to you & are not accepted by you (or your Guest).

5.2.2       If any of the payments due from you (or your Guest) are not received on the dates stated on the invoice, CTDL reserves the right to cancel the reservation & retain all payments received by CTDL from you.

5.2.3       We are not liable to refund you any monies you have paid us in the event that we have to cancel your Cruise or we are unable to undertake the Cruise due to Force Majeure & we are not liable to you for any loss or damage which you may suffer due to Force Majeure. We strongly recommend you obtain “cancel for any reason” insurance to cover this.

5.3 Cancellation & alteration of Half Boat Reservations and Whole Boat Reservations: 

5.3.1           You warrant, promise & agree that in consideration of the commission, discount & other benefits which you have or will receive from us for making either a Full Boat Reservation or Half Boat Reservation it is your sole responsibility to ensure you have 18 Guests for a Full Boat Reservation & 9 Guests for a Half Boat reservation & in both cases the Guests are to pay the full agreed invoice rate. You also warrant & agree that you recognize that if you fail to fully observe & perform your before mentioned obligation you will cause us material financial damage & therefore you agree that it is fair for us to apply the cancellation charges set out in this clause 5.3

5.3.2           Once the Deposit has been received by CTDL no alteration can be made to a full boat charter or a group booking. We may be prepared to consider agreeing to changes to the identity of the passengers on the passenger list but no other changes.

5.3.2.1         if CTDL agrees to change the passenger list CTDL reserves the right to pass on any reasonable applicable costs pertaining to any change in the passenger list that may be applicable to changes made, but not limited to, airlines, hotels, transportation, harbour fees, park admission fees etc.

5.3.3           If you cancel the charter full payment is due for all your guests. All deposit payments are forfeit & non refundable. All payments which are due but unpaid shall be paid within 7 days & forfeited & non refundable

5.3.4           If you are not able to sell all your charter spaces by the date which is 6 months before the Embarkation Date you must give us written notice of the number of Guests booked & the number of unsold Dive Packages on your charter. We will then immediately forfeit the deposit for each unsold Dive Package & we shall have the right to resell the unsold Dive Package on your charter to another person & you will not be permitted to claim commission or compensation on the unsold Dive Package if we do this. If you do not do this we may cancel the charter & retain all deposit payments & other payments you or your Guests have made.

5.4             Alteration by you

5.4.1       No alteration to your reservation will be accepted by us after payment of the Deposit

5.4.2       If you would like to alter your reservation before payment of the Deposit you may do so subject to our consent & such consent may be subject to additional terms, conditions & charges

5.5             Alteration by us

5.5.1       We reserve the right to alter itineraries, schedules, cruise dates and published prices at any time prior to receipt of a Deposit. Details of all changes will be promptly sent to you.

5.5.2       We reserve the right to change itineraries, schedules & Cruise Embarkation Dates at any time after payment of the Deposit, including at the last minute, should unforeseen circumstances arise. Such circumstances might include, but are not limited to, Force Majeure and other unforeseeable or unavoidable acts that might have the consequence of the vessel or passengers or crew being in harm’s way or danger.

5.5.3       If we change an itinerary, schedule or Cruise Embarkation Date we will endeavour to seek an alternative itinerary of comparable standard. You will be promptly informed of such alterations & you will not be entitled to cancel your reservation, withhold any payment due to us or seek compensation for any loss or damage you may suffer as a result of such change.

6. Insurance 

6.1   It is strongly recommended that you take out travel (“cancel for any reason insurance”) & medical insurance suitable for your needs & personal circumstances (which should include Dive Package cancellation for any reason, flight cancellation for any reason, changes to itinerary, lost luggage, medical insurance, evacuation & repatriation & other usual holiday insurance terms) prior to your Embarkation Date. You acknowledge the importance of such insurance in respect of yourself & everyone in your party and you accept responsibility for assessing your own personal circumstances that you personally deem to be necessary. If you are an Agent you acknowledge the importance of such insurance for your Guests and you accept responsibility for advising your Guests obtain such.

6.2   It is required by Indonesia law that you must have current diving and medical evacuation insurance to board Dewi Nusantara & you are required to give us proof that you have diving & medical evacuation insurance prior to the Embarkation Date. If you or your Guest(s) fail to provide proper valid evidence of current diving & medical insurance & evidence of their diving qualification certification prior to the Embarkation Date boarding will be denied.

7. Supplemental Charges 

7.1 Fuel

If the price of a litre of diesel in Indonesian harbours at the date of your reservation exceeds the following levels, then the following supplemental charges per passenger will be added to your invoice:

• Between Rp 11,000 and Rp 12,000 per litre a charge of US$ 200 will apply
• Between Rp 12,001 and Rp 14,000 per litre a charge of US$ 225 will apply
• Between Rp 14,001 and Rp 16,000 per litre a charge of US$ 250 will apply
• Between Rp 16,001 and Rp 18,000 per litre a charge of US$ 275 will apply
• Between Rp 18,001 and Rp 20,000 per litre a charge of US$ 300 will apply

If the price per litre of diesel rises above Rp 20,001 we reserve the right to add such supplemental charge as we deem fair & appropriate

We will notify you of the amount of the supplemental charge & add it to your invoice.

7.2 Currency 

All quoted published rates have been calculated at an Indonesian rupiah to United States dollar exchange rate of fifteen thousand Indonesian rupiahs per one United States dollar (Rp15,000 per US$1).

In case of a devaluation of the US Dollar to the Indonesian rupiah below the above mentioned rate we reserve the right to levy a supplemental charge directly proportional to the amount of the exchange rate devaluation on a per passenger basis. We will notify you the amount of the supplemental charge & add this to your invoice.

The exchange rate shall be determined by the rate as stated on the international exchange rate website xe.com (or equivalent website) at noon 90 days prior to the Embarkation Date.

7.3 Other supplemental charges

We reserve the right to add other supplemental charges such as government levies, taxes, charges, port fees, national park entry fees & any other operating cost imposed on us & our operation of the vessel Dewi Nusantara by circumstances out of our control 90 days before the Embarkation Date unless such supplemental charge is notified to us less than 90 days before the Embarcation Date in which case we will notify you within 7 days of us becoming aware of such supplemental charge & you are liable to pay such supplemental charge within 7 days of our notification to you of the supplemental charge.

8. Cruise schedule Interruption 

8.1   We are not liable to refund any money to you if you or any other guest interrupt or call short a Cruise schedule in the case of an emergency arising during the Cruise. In the case of an emergency affecting You we will endeavour to assist you in necessary arrangements for your return travel but You are responsible for payment of all costs & expenses connected with such repatriation & we strongly recommend that you purchase holiday interruption insurance (“cancel for any reason insurance”).

9. Liability 


9.1   CTDL & PTDN (which includes all their officers, directors, shareholders, agents & employees) (hereafter collectively referred to as Released Parties), assume no responsibility or liability for service, transportation or equipment made available by any airline, travel; or booking agency, resort, hotel or other such entity, as to availability or safety, quality or condition, nor for the acts of any employee or agent of such entity.

9.2   You understand and agree that the Released Parties do not accept or assume any responsibility or liability for your (& your Guest) safety, freedom from accident or injury that may arise or result, directly or indirectly, from activities in which you engage in the Dive Package on the Cruise which you have booked.

9.3   In case of a medical emergency whilst you are on board the vessel Dewi Nusantara, you authorize the captain &/or cruise director of Dewi Nusantara to determine who shall administer first aid &/or get proper medical attention to you if necessary. You understand that the nearest medical/operational recompression chamber may be many hours or days away and may require air evacuation. The time involved with boat and air transport poses additional risk to your personal safety. You voluntarily accept this additional risk and you are fully prepared to pay all expenses related to evacuation and recompression chamber treatment should it be deemed necessary by yourself or the captain &/or cruise director.

9.4   You hereby waive, release, and absolve the Released Parties of and from any and all liability and responsibility for personal injury, property loss, death, and any and all other damages, losses, expenses & costs that you may sustain in conjunction with or arising out of your participation in the Dive Package trip for which you have applied and the activities made available in connection therewith, whether such personal injury, property loss, death, and any and all other damages, losses, expenses & costs result from contract, negligence, product liability, strict liability, seaworthiness of the vessel Dewi Nusantara , or fault of any of the Released Parties. You further agreed to defend, indemnify, and hold harmless the Released Parties from any claim or lawsuit by you or anyone purporting to act on your behalf for any such personal injury, property loss, death, and any and all other damages, losses, expenses & costs

9.5   You further agree that any claim brought by you or your successors against the Released Parties, arising from contract, negligence, product liability, strict liability, seaworthiness of the vessel Dewi Nusantara, or fault of any of the Released Parties or otherwise must be adjudicated solely within the tribunals and courts specified in clause 17 and not in any other place, tribunal or court, including, but not limited to, your place of residence as stated herein, and must be brought within one (1) year from the date of the incident giving rise to claim.

9.6   In case of a medical problem arising for you during the Cruise, 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 you.

9.7   We are not responsible or liable for loss or damage to your belongings including scuba diving equipment, cameras, videos, lights, batteries, clothing & other personal possessions.

10. Disabilities & behaviour

By paying the Deposit you certify that you do not have any mental, physical or other condition or disability that could create a hazard for you or other passengers on board Dewi Nusantara. We reserve the right to require you to leave Dewi Nusantara immediately if you cause danger or disruption to the orderly management of Dewi Nusantara or cause significant offence or disturbance to other Guests or crew on board Dewi Nusantara or breach any law.

11. Representations, promotional material etc

All representations contained in any information published by us relating to the Dive Package (other than these terms and conditions) do not form part of the contract between us and you and are hereby expressly excluded. The terms and conditions of the contract between us & you are exclusively set out in these terms and conditions.

12. Passports, visas, vaccinations etc

12.1      You must be in possession of a valid passport with not less than 6 months before expiration and all visas, permits and certificates required for the entire duration of the Dive Package & any other holiday you take in conjunction with the Dive Package. It is also recommended that you arrange whatever vaccinations are normally recommended for Indonesia by your doctor or other medical advisor and if you choose not to be vaccinated then we will not accept any liability arising from injury, death or other losses arising from failure by you to vaccinate yourself.

12.2      Any information given by us about visas, healthcare, vaccinations, climate, clothing, baggage, travel, hotels, special equipment and other matters is given in good faith but without liability to us.

13. Guest information

You or your Guest will provide us with:-

13.1       a Cruise Application Form completed by you or if you are an Agent each of your Guests not less than 90 days before the Embarkation Date,

13.2      a Release of Liability & Assumption of Risk Form completed & signed by you or if you are an Agent by each of your Guests within 7 days of the payment of the Deposit

13.3      copies of your Guests passports & insurance

14. Tour Group Leaders, Charterers, Agent staff & representatives

14.1      If you have any directors, shareholders, employees, tour group leaders, representatives or consultants (hereafter called “Representatives”) accompanying your Guest(s) on board Dewi Nusantara the following conditions shall apply to all of them:

14.1.1   each Representative will complete & sign a Cruise Application Form & Release of Liability & Assumption of Risk Form & provide it to us in accordance with clause 13,

14.1.2   each Representative shall observe & perform these terms & conditions,

14.1.3   each Representative will follow the rules & regulations of Dewi Nusantara & the orders & directions of the Captain & Cruise Director of Dewi Nusantara & will ensue their Guests do the same

14.1.4   each Representative will not teach or conduct scuba diving, free diving or snorkeling courses without our prior written permission

14.1.5   each Representative will not request changes to itinerary, meal times, dive schedules unless discussed with the Cruise Director & the decision of the Cruise Director shall be final

14.1.6   each Representative will not try to persuade other guests on board to make future bookings or reservations through your services on any liveaboard dive boat

15. Invalidity of provisions of this agreement

You understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

16. Agreement

You agree you have read these terms and conditions set forth above in their entirety and understand them and accept them unconditionally. You further agree to observe strictly and comply with any additional reasonable terms and regulations as we may from time to time deem desirable or needful or prescribe during the course of the Cruise.

17. Variation of this Agreement

17.1          We can update, vary, amend & replace the terms & conditions of this Agreement from time to time & such update, variation, amendment& replacement will be available for viewing on our website www.dewi-nusantara.com. You will be bound to observe & such updates, variations, amendments & replacements from the date they are published on our website www.dewi-nusantara.com

18. Law 

18.1           The law of Hong Kong applies to the terms & conditions in so far as they apply to CTDL, its directors, shareholders, officers, employees, contractors & agents.

18.2           The law of Indonesia applies to the terms & conditions in so far as they apply to PTDN (which owns the vessel Dewi Nusantara), its directors, shareholders, officers, employees, contractors & agents.