FAQ FOR DIVESAFARIS IN THE MALDIVES WITH NAUTILUS ONE
NAUTILUS ONE ADDRESS AND PHONING IN THE MALDIVES
Address in the Maldives:
Nautico Maldives Phone: 00 960 331 5253
In cases of emergency – also on Sundays and holidays – you can reach us via mobile phone: +43/664/2338012
Air Berlin’s luggage allowance is 20 kg per person.
Hand luggage may weigh a maximum of 7 kilos (dimensions 50 x 37 x 25 cm). Please note that for diving lamps the batteries or accumulators or the lamps must be dismantled and these must be transported as hand luggage.
Please be sure to arrive at the airport at the latest 90 minutes prior to departure. We have discounted parking vouchers for Munich and Vienna airports. Please order these prior to shipping of the travel documents so that we can send them to you.
YOUR BOOKING CONFIRMATION
If you have other queries about your dive trip, please do not hesitate to call us, we are happy to be of service at any time.
The day normally begins with a knock on the cabin door at 6.30 am. Leave for the first dive at 7.00 am. The second dive is before lunch at approx. 11.00 am and the third dive at approx. 3 or 4 pm. One dive lasts a maximum of 60 minutes including safety check. Decompression dives are prohibited in the Maldives, maximum dive depth is 30m. Normally 3 dives are made. Diving is not permitted 24 hours prior to your departure flight.
Safety is our top priority. An extensive briefing is held before each dive. Briefings are held in English or German depending upon which dive masters are onboard. Dive depths and residual air are recorded afterwards.
EOne safety sausage is prescribed per dive. There are sufficient 12 litre cylinders with DIN and INT connections available as well as lead weights and one dive chest each for your equipment. If you need to hire equipment it is absolutely essential to order this in advance!
There is also a emergency kit onboard as well as oxygen and of course life vests. There are also two decompression chambers in the Maldives for any diving accidents.
Dives are made from our dive dhoni (Maldivian boat). All your equipment during your stay also stays aboard this dive dhoni. The compressor is also located on the dive dhoni, Arakuri.
Normally we have a dive guide to accompany the group. We wish to expressly indicate that the dive guide is not a diving instructor but a guide, who shows you the underwater beauty and who also understands current conditions.
Night dives are planned for every tour. Therefore it is advisable to bring diving lamps.
As there are also sometimes stronger currents in the Maldives, we require that only divers with experience (minimum of 30 dives) participate in such dives.
Naturally our divers respect the underwater world and neither cause damage to coral nor handle the fish and leave no rubbish behind on the islands or in the sea!
Mondial Assistance insurance includes cancellation cover, trip interruption, medical protection, extra repatriation costs, repeat trips, delayed arrival (not connecting flights), travel luggage insurance as well as accident and liability insurance. Diving accidents shall also be covered with this insurance, insofar as there has been no negligence. We will be happy to send you the precise terms of the insurance policy and they can also be viewed at www.mondial-assistance.austria.at
up to 2000 euros € 85 with no excess
up to 3000 euros €123 with no excess
up to 4000 euros €171 with no excess
The cancellation protection is only valid upon conclusion at the latest 7 days after booking! Therefore please promptly notify us if you would like us to purchase insurance for you. Payment for insurance is immediately due upon conclusion. An increase of the insurance from 01/10/2009 to €10 per person!!!
Our account at the Raiffeisenbank A-4863 Seewalchen Branch ID no. 34.608
Account no. 20.008 – Account holder: Harald Schobesberger
IBAN AT17 3460 8000 0002 0008
Please be sure to write the order number on the payment form or wire transfer, as we otherwise will not be able to clearly allocate your payment!
General Terms and Conditions of Travel (ARB 1992)
Adaptation to the Amendment to the BGBI. 247/93 Consumer Protection Act
Jointly discussed in the Consumer Policy Advisory Council of the Federal Minister for Health, Sports and Consumer Protection pursuant §73 Subsection 1 of the Trade Regulation Act [GewO] 1994 and §8 of the directive issued by the Federal Minister of Economic Affairs (1994 version) on terms to exercise the role of travel agent.
The travel agent may act as an agent (Paragraph A) and/or as a tour operator (Paragraph B).
An agent shall assume the obligation to answer a demand for to be performed by others (tour operators, transport companies, hoteliers etc.).
A tour operator is the company that either offers various tourist services at a flat fee (package price/travel organisation) or commits to providing individual tourist services as its own services and thereto generally provides its own brochures, advertisements etc.
A company acting as a tour operator may also act as an agent if third party services are brokered (e.g. optional excursion at the holiday site) insofar as reference is made to this agency role. The following terms represent the contractual text under which travel agencies customarily act as agents (Paragraph A) or conclude contracts with customers/travellers as a organiser (Paragraph B). Note: as defined by the Consumer Protection Act.
Any special terms and conditions of the following shall have priority:
- Brokered travel organisers,
- Brokered transport companies (e.g. rail, bus, airplane and ship) and
- Other brokered service providers
A. THE TRAVEL AGENCY AS AN AGENT
The following terms are the basis of the agreement (agency agreement) that customers conclude with an agent.
1. Bookings/Conclusion of Contract
The booking may be effected in writing or by phone/verbally. Phone/verbal bookings shall be promptly confirmed in writing by the travel agency. Travel agencies shall use reservation forms, which list all the important information on the customer’s order with reference to the travel advertisement(s) underlying the booking (catalogue, brochure etc.). With regard to the agent’s own service and to the services of any organiser it has brokered, the agent shall demonstrably point out deviating terms and conditions of travel corresponding to §8 of the Provisions to Exercise the Function of a Travel Agent with reference the present GENERAL TERMS AND CONDITIONS OF TRAVEL and provide them in this event prior to the conclusion of contract. Insofar as foreign company services (service providers, trip organisers) are brokered, foreign law may also apply. The party undertaking a booking for itself or for third parties shall be considered a contractor and shall assume vis-à-vis the travel agency - in lieu of declaration to the contrary - the obligations arising from the placement of an order (payments, withdrawal from the agreement etc.). At booking the travel agency may request a processing fee and a (minimum) deposit. The outstanding payment and reimbursement of cash outlays (phone expenses, telex costs etc.) shall be payable at the travel agency of the respective organiser or service providers upon delivery of the travel documents (this does not include personal documents). Travel companies accepting bookings shall be obligated to forward confirmation of the Travel Agreement (trip confirmation) to the passenger at or immediately after the conclusion of contract.
2. Information and Other Additional Services
2.1. Information Regarding Passport, Visa, Currency, Customs and Health Regulations
It is assumed to be known that a valid passport is generally required for journeys abroad. The travel agency shall inform the customer regarding all additional foreign passport, visa and health policy entry regulations and provide information on request regarding foreign currency and customs regulations, insofar as this information is available in Austria (particularly based on the TIM). The customer itself shall be responsible to adhere to these regulations. Wherever possible the travel agency shall procure any necessary visas for a fee. On request the travel agency shall wherever possible provide information on special regulations for foreigners, stateless persons and dual citizenship holders.
2.2. Information Regarding the Travel Services
The travel agency shall be obligated, to represent to the best of its knowledge the service of the trip organiser or service provider to be brokered in consideration of the particulars of each brokered agreement and circumstances in the respective destination country or location.
3. Legal Status and Liability
The travel agency’s liability shall extend to
-the careful selection of each organiser or service provider and the careful evaluation of experiences acquired;
-the due provision of services, including providing appropriate information and delivering travel documents to the customer;
-the demonstrable delivery of notifications, declarations of intent and payments between customers and brokered companies and visa versa (e.g. changes in the agreed service and agreed price, withdrawal declarations, complaints). The travel agency shall not be liable to provide the service it has brokered or procured. The travel company shall provide the customer with the trip confirmation, including the company’s name (product name), trip organiser’s address and an insurer, if any, insofar as this information is not already in the brochure, catalogue or other detailed promotional materials. If it neglects to do so it shall be liable to the customer as the organiser or service provider.
4. Impairment of Performance
If the travel agency breaches obligations incumbent upon it under the contractual relationship it shall be liable to the customer for resulting damages unless it can furnish proof that it is responsible for neither malice aforethought nor gross negligence. For breaches of contract due to minor negligence the travel agency shall be liable to the customer to compensate for a resulting damage up to the amount of the commission of the business brokered.
B. THE TRAVEL AGENCY AS ORGANISER
The terms below shall form the basis of the agreement, hereinafter referred to as the Travel Agreement, which the Booking Party concludes either directly with a organiser or via an agent. If concluding the agreement directly the organiser shall correspondingly fulfil the agency obligations. The organiser shall fundamentally recognise the present GENERAL TERMS AND CONDITIONS OF TRAVEL, deviations shall be made evident in all of its detailed promotional materials pursuant §8 of the performance regulations.
1. Booking/Conclusion of Contract
The Travel Agreement shall come into being between the Booking Party and the organiser, if there is agreement with regard to the important contractual components (price, service and dates). This shall give rise to rights and obligations for the customer.
2. Change in the Person of the Trip Participants
A substitution of the passenger travelling shall be possible if the substitute person satisfies all conditions for participation and this may be in two ways.
2.1. Transfer of the Right to Travel Service
The Booking Party’s obligations under the Travel Agreement shall remain intact if it assigns all or individual claims under this agreement to a third party. In this case the Booking Party shall bear additional costs thereby incurred.
2.2. Transfer of the Trip Organisation
If the customer is prevented from embarking on a trip he may transfer the contractual relationship to another party. The transfer shall be reported to the organiser either directly or via the agent within an appropriate period prior to the date of departure. The trip organiser may announce a specific grace period in advance. The transferor and recipient shall be liable for any outstanding payments and, as applicable, for additional expenses incurred through the transfer.
3. Contents of the Agreement, Information and Other Ancillary Services
Beyond the agent’s duties to furnish information (namely information about passport, visa, currency, customs and health entry regulations) the organiser shall sufficiently inform the customer regarding the services it offers. The description of services in the catalogue or brochure valid at the time of booking as well as other information contained therein shall be a component of the Travel Agreement, unless other agreements had been made at booking. It is however absolutely advisable to record such types of agreements in writing.
4. Travel involving Special Risks
For trips involving special risks (e.g. adventure expeditions) the organiser shall not be liable for the consequences caused by the onset of the risks, if these are outside of the scope of its obligations. The trip organiser’s obligation to carefully arrange the trip and to commission people to provide the individual travel services and carefully select the companies shall remain unaffected.
5. Legal Foundations in the Event of Impairment of Performance
The customer shall have a warranty claim for in the event of non-provision or defective provision of services. The customer consents to allow the organiser within an appropriate grace period to provide it with a service free from defects or improve the defective service in lieu of its right to contract cancellation or price reduction. Remedy can be provided in by rectifying the defect or providing a replacement service of equal or higher value, if this meets with the explicit consent of the costumer.
If the organiser or its assistants culpably breach the organiser’s obligations under the contractual relationship, then he shall be obligated to compensate the customer for damages thereby incurred.
Insofar as the trip organiser assumes responsibility for people other than his employees, he shall be liable – excluding in events of personal injury - unless he furnishes proof that this relates neither to malice aforethought nor gross negligence. Excluding the cases of malice aforethought and gross negligence the trip organiser shall bear no liability for objects, which are normally not brought aboard, unless he has accepted them for safekeeping with knowledge of the circumstances.
The customer is therefore advised to bring no particularly valuable items.
It is also particularly advisable to properly safeguard the items brought aboard.
5.3. Reporting defects
The customer shall promptly report every defect in the satisfaction of the agreement, which he determines during the trip, to a representative of the organiser. This presupposes that the identity of this party has been made known to it and that said party can be reached on site without undue effort. Failure to make this notification shall not alter the customer’s warranty claims described under 5.1. It may be however be counted against him as contributory negligence and insofar reduce his potential compensation for damages. The organiser must nevertheless have instructed the customer either directly in writing or via the agent regarding this notification obligation. Likewise, the customer must have been informed that a failure to make the notification does not effect its warranty claims but it may count against him as contributory negligence. In the absence of a local representative in such event it is advisable to either inform the particular service provider (e.g. hotel, airline company) or the organiser directly regarding defects and to request redress.
5.4. Legal Liability under Special Laws
The organiser shall be liable for flights including pursuant the Warsaw Agreement and its supplementary agreement, for rail and bus trips pursuant the Railway and Motor Car Liability Act.
6. Asserting Claims
To facilitate the assertion of claims, the customer is advised to get confirmations in writing of the non-provision or defective provision of services and/or to secure vouchers, evidence, witnesses. Warranty claims may only be asserted within 6 months. Claims for compensation for damages are time-barred after 3 years. In the interests of the passenger it is advisable to assert claims immediately upon returning from the trip directly to the organiser or through the brokered travel agency as delays increase the difficulties in evidencing a claim.
7. Withdrawal from the Agreement
7.1. Withdrawal by the Customer Prior to Start of the Trip
a) Withdrawal without Cancellation Fee
Apart from the rights of withdrawal provided by law, the customer may withdraw without the organiser having any claims against it if the following cases occur prior to the start of the service: If important components of the agreement are substantially modified, including the trip price. In each case the impediment to the aim and/or nature of the trip organisation, as well as an increase of the agreed trip price by more than 10 percent pursuant Paragraph 8.1. shall constitute such type of contractual change. The organiser shall be obligated to immediately declare the contractual change to the customer either directly or through the brokering travel agency and to instruct him regarding his existing options to either accept the contractual change or withdraw from the agreement; the customer must exercise his option immediately. Insofar as the organiser is at fault for the event entitling the customer to withdraw, the organiser shall be obligated to compensate said party for damages.
b) Right to Substitute Service
If the customer does not make use of the option to withdraw pursuant letter a and in the event of a cancellation of the trip by the organiser for which the customer is not at fault, the customer can request provision of another travel event of equal value, instead of the reversal of the agreement, insofar as the organiser is in a position to be able to provide this service. In addition to the customer’s entitlement to this option it shall also be entitled to claim compensation for damages for non-performance of the agreement, unless the cases of 7.2 can be applied.
c) Withdrawal with Cancellation Fee
The cancellation fee is in proportion to the price of the trip and its amount shall be oriented to the point in time of the declaration of withdrawal and each type of trip. The entire price of the contractually agreed service shall be understood as a trip price or package price. The customer shall be entitled in all specified cases not under letter a to withdraw from the agreement by paying a cancellation fee. If the cancellation fee is inappropriate he may petition the court for a reduction.
The following per person cancellation rates shall be charged depending upon the type of trip:
Dive trip as a Harald Schobesberger GmbH event.
up to 90 days prior to the departure __________________________________ 10%
from 30 to 89 days prior to the departure ______________________________ 20%
from 20 to 29 days prior to the departure ______________________________ 30%
from 10 to 19 days prior to the departure ______________________________ 50%
from 7 to 9 days prior to the departure ________________________________ 65%
from 6 days prior to the departure ___________________________________ 85%
on the date of departure __________________________________________ 100%
Declaration of Withdrawal
To be noted when withdrawing from the contract: The customer (client) may at any time notify the travel agency where the trip was booked that he is withdrawing from the agreement. When cancelling it is advisable to do so:
- via registered letter or
- personally with the simultaneous written declaration.
“No-show” is when the customer fails to appear for the departure because he has decided not to travel or he misses the departure, due to circumstances or negligence beyond his control. It shall be further clarified that if the customer cannot or does not wish to make use of the remaining travel service he shall be required to pay 45 percent of the trip price for types of travel pursuant letter c 1(special flights, etc.) 85 percent for types of voyages pursuant letter c 2 (individual IT, etc.). In the event of inappropriateness of the aforementioned phrases he may petition the court to have this reduced on a case by case basis.
7.2. Withdrawal by the Organiser Prior to Start of the Trip
a) The organiser shall be released from the performance of contract if the minimum number of participants as specified in the promotional materials in advance has not been reached and the customer was notified in writing regarding the cancellation within the grace periods specified in the description of the travel event or in accordance with the following schedule:
-up to the 20th day prior to start of the trip for trips of more than 6 days,
-up to the 7th day prior to start of the trip for trips of 2 to 6 days,
-up to 48 hours prior to the start of the trip for day trips.
If the organiser fails to reach the minimum number of participants through a fault beyond that of slight negligence, then the customer may claim compensation for damages; this shall be consolidated into a lump sum with the amount of the cancellation fee. Claiming an amount of damages in excess of this shall not be excluded. b) Cancellation shall be effected due to force majeure, meaning due to extraordinary and unforeseeable events attributable to force majeure, on which it has no influence and the consequences of which could not have been avoided, despite due diligence. With the exception of overbooking, however, this shall include government directives, strikes, war or warlike events, epidemics, natural catastrophes etc. c) In cases of a) and b) the customer shall be refunded the amount paid in. It shall be entitled to the option pursuant 7.1.b, Paragraph 1.
7.3. Withdrawal by the Organiser Following the Start of the Trip
The organiser shall be released from performance of contract if the customer in the framework of a group trip sustainably interferes with the execution of the trip through grossly improper behaviour, despite admonishment. In this event the customer, if deemed to be fault, shall be liable to the organiser for damages vis-à-vis the organiser.
8. Amendments to the Agreement
8.1. Price Changes
The organiser shall reserve the right to increase the trip price confirmed at booking for reasons, which are outside of its control, if the trip schedule is later than two months after contract conclusion. Such type of reasons shall be exclusively a change in transport costs – e.g. fuel costs – payment for certain services, such as landing fees, embarkation or disembarkation fees in ports and appropriate fees at airports or the exchange rate applicable for the related travel event. If there is a price reduction for these reasons it shall be passed on to the passenger. Within the two month’s grace period price increases may only be undertaken if the grounds for this were individually negotiated at booking and noted on the booking certificate. From the 20th day prior to the date of departure there shall be no price change. A price change shall then only be permissible if, given the existence of the conditions agreed upon, price information is also provided to calculate the new price. The customer shall be promptly made aware of price changes and the circumstances surrounding them. In the event of a change in the trip price by more than 10 percent the customer may withdraw from the agreement without incurring a cancellation fee (see Paragraph 7.1.a.).
8.2. Change in Service after Starting the Trip
-In the event of changes, for which the organiser is responsible, the terms as specified in Paragraph 5 (legal foundations for impairment of service) shall apply.
-If a significant part of the contractually agreed services is not or cannot be provided after departure, then the organiser shall take measures without additional payment for the travel event to continue to be carried out. If such measures cannot be taken or if they are not accepted by the customer for valid reasons, then the organiser shall in this event provide an option of equal value without additional payment, whereby the customer shall be transported to the departure site or another location agreed with the customer. The organiser shall otherwise be obligated to do everything in its power to render assistance to the customer in overcoming such difficulties in event of non-performance or defective performance of the agreement.
9. Disclosure of Information to Third Parties
Information relating to the names of trip participants and the whereabouts of passengers shall not be passed on to third parties even in urgent cases, unless the passenger had expressly requested such disclosure of information. Costs incurred by relaying urgent messages shall be borne by the customer. It is therefore advisable for trip participants to notify family members of the exact holiday address.
10. MiscellaneousSection 7.1 letter c formerly letter b (withdrawal), 7.1 letter d formerly letter c (no-show) and 8.1 (price changes) listed under B are entered in the Cartel Register as non-binding trade association recommendations under 1 Kt 718/91-3.
AN HONEST WORD
Despite the best insulation it is not possible to entirely do away with power generator engine noise. The ships need power for air conditioning and refrigeration. We therefore request your understanding. Nevertheless, in general you will have grown accustomed to this by the second or third day.
Adventure but not luxury
The Nautilus One and Nautilus Two ships were designed and built as safari boats. They are however meant to remain Maldivian ships and not be copies of any sort of motor yachts on the Red Sea. The ships are furnished very comfortably and the large quantity of wood lends them a homey ambience. Nevertheless, a dive safari is no cruise ship and one must hence anticipate that occasional power cuts or compressor malfunctions. The Maldivian people are genuine improvisational artists and thus it is nearly always the case that errors are remedied without guests having noticed that they’d even taken place. If it is indeed sometime impossible for example to acquire a replacement part, we request your understanding. In an island realm like the Maldives procuring supplies and replacement parts is not always as easy as on the European mainland.
The Maldivian locals, however, deal with such problems with their customary calm and composure. “cool down”!