Tel: +64 27 2782250

Email: pete@Lust4Rust.co

Skype: petemes

Terms & Conditions


1. THE CONTRACT

The person who signs the booking form (or for digital copies, fills out their name) does so on behalf of all the individuals included on it, such that all are bound by the booking conditions. They accept these conditions on behalf of himself or herself and all other named persons on the Booking Form and represents that he or she is authorized to accept these conditions on behalf of such others. All persons named on the Booking Form, or if only one person is named, are hereafter referred to as “you”. All tours and activities described in our marketing materials and tour itineraries will hereafter be referred to as “tours”. All bookings are made with Pete Mesley's “Lust for Rust and Shock&Awe Big Animal Diving", hereafter referred to as the “company”, “we” or “us”. No variation of these conditions may be made unless this is done in writing by a director of the company.

2. PAYMENTS

A non-refundable deposit of $500us of your land arrangements is required and should accompany the completed booking form. For Liveaboard charters please supply the appropriate deposit which will be specified (Normally $1500us) We will confirm our acceptance of your booking via email, and it is at the time we send out this confirmation that a contract comes into existence between us. The balance of the tour price is due 3 months prior to your departure date for land based trips and 6 months for Liveaboard trips. Should this final payment fail to reach us by the date specified, we reserve the right to treat the booking as cancelled. If a booking is made less than the specified full payment dates, then the full amount is needed on booking.

3. CANCELLATIONS

Any cancellation by you must be made in writing (via email is fine) and is effective from the date of physical receipt by us. The date on which the letter is received by us or our agents will determine the cancellation charges applicable. The cancellation charges are based on whether it is a liveaboard or Land based operation.

Liveaboard:

> Than 6 Months - Loss of Deposit
< 6 months before trip leaving - Loss of 100% trip costs

Land based operations:

> Than 3 months - Loss of Deposit

< Than 3 months - Loss of 100% trip costs

Please note that it is at the sole discretion of the owner to enforce these rules. It is best to communicate as soon as you can in order to make the best plan for a positive outcome of your trip.

If we have to cancel your tour before the date of departure, you will have the choice of taking an alternative tour (and where this is of a lower price we will refund the difference) or withdrawing from the contract and accepting a full refund.

In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure and a pro rata refund for the cost of the remainder of your holiday.

4. TRIP PRICES

Prices quoted by us are based on exchange rates and costs applicable at the time of quoting, but are not fixed until your booking is confirmed by us. Surcharges may be imposed to cover unforeseen cost increases, or the exchange rates applied to the particular tour. If this means paying a surcharge of more than 10% of the tour price you will be entitled to cancel your tour with a full refund of all monies paid to us except for any premium paid for insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 10 days of the date of the invoice.

5. TRIP CHANGES BY US

If we have to alter your tour before departure, any change will be either major or minor. Where a change is a minor change, we will if practicable, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined below. When a change is a major change (and a major change is an alteration to your outward or return flight time by more than 12 hours), we will advise you as soon as reasonably possible. You will then have the choice of accepting the change, taking an alternative tour (and where this is of a lower price we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid.

We reserve the right to change any published prices, service or other particulars at any time before we enter into contract with you. If there is any change, we will notify you before we enter into such contract.

6. SPECIAL REQUESTS

If you have special requests, you should inform us of such requests prior to departure. We will advise the relevant supplier of your requirements, but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met.

7. ITINERARIES

Dive T.E.C. & Pete Mesley's “Lust for Rust and Shock&Awe Big Animal Diving" s not an ordinary travel operator. The type of travel we offer requires flexibility and must allow for alternatives. The outline itinerary as given for each tour must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of the company. The final decision on the itinerary and conduct of any tour will be taken by us in the interests of the group/or clients as a whole. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness or medical breakdown, flight cancellations, strikes, climate and other unpredictable or unforeseeable circumstances.

8. RISK

At all times the decision of our tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. You must at all times strictly comply with all laws, customs, foreign exchange and drug regulations. Should you fail to do so then you may be ordered to leave the tour without recourse to any refund and without any legal claim against the company.

9. TRAVEL INSURANCE

It is essential that all passengers are covered by insurance before setting out on holiday. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. When obtaining travel insurance from a source other than us you must ensure that the insurer is aware of the type of travel to be undertaken.

ALSO it is MANDATORY that you have DAN master plan insurance (or equivalent) The places we dive are isolated and medical attention is sparse.

10. DISCHARGE OF LIABILITY

You acknowledge that the nature of travel and activities undertaken while traveling is adventurous and that as such tours and activities undertaken may involve a significant amount of personal risk. These include injury, disease, loss or damage to property, inconvenience, and discomfort. You further acknowledge that you are fully aware of the risks of injury associated with your participation in these various activities and agree to voluntarily assume such risk of injury. It is a fundamental condition of this contract between us and you that to the extent permitted by law you discharge us (including but not limited to our directors, employees, contractors, suppliers and agents) from any liability for any damage, death or injury to person or property whatsoever arising out of or incidental to your tour, whether or not such damage or personal injury is caused or contributed to by us. You also agree to make no claim against us arising out of the tour and further agree that no third party may make a claim through you or on your behalf.

You will also be required to agree to and sign our diving Liability release forms.

11. DCS OR INCIDENTS

If in the event you need treatment for diving related (or non diving related) accidents and cannot dive anymore on the trip, we will do everything in our power to assist you. With regards to trip fees - no refunds will be given. And any costs incurred during the trip will need to be settled.

12. COMPLAINTS

If you have a complaint whilst on your tour you must inform us and any relevant supplier immediately. Matters can be most easily sorted out for you on the spot whilst you are on your tour. We must further request that you make the complaint known to us in detail in writing within 28 days of your tour's scheduled completion and we will do our best to reach a settlement with you.

13. TRAVEL DOCUMENTS

You must be in possession of a valid passport, visas, permits and certificates as may be required for the tour. It is your sole responsibility to make sure that you have all necessary visas, health requirements for your entire journey, including transit visas where required. We do not accept responsibility for changes in regulations for visas or any particular requirements for visas and will not be held responsible for your failure to obtain the necessary visas. Any information and advice given by us on visas, vaccinations, climate, clothing, baggage, etc. is given in good faith.

14. EXPERIENCE, LICENCES AND CERTIFICATIONS

Certain activities require a minimum level of experience in order to participate and we expect you to be honest with us in assessing your level of fitness and abilities. Where applicable we will advise you of these requirements in good faith. You accept full responsibility for ensuring you have the relevant experience, licenses and certifications required to participate in these activities and carry documents to that effect. You also agree to not hold us responsible for refusal to carry by us, our agents or suppliers due to your lack of documentary evidence or insufficient experience, licenses or certification.

15. EQUIPMENT AGREEMENT

You agree to reimburse us or our suppliers for any of equipment lost or damaged whilst in your care.

16. MEDICAL STATEMENT

By agreeing to these booking conditions you confirm that you are in good health for the activities which you are undertaking and have advised fully any medical history of heart or lung disorders, asthma or epilepsy, or insulin or drug dependency. You agree that you will not participate in activities if you are feeling unwell or undertake any diving activities if you have a chest cold or respiratory congestion while on the tour. You further understand that if you have any medical condition contrary to these requirements that you must produce a diving medical certificate completed by a diving medical specialist.

17. WITHDRAWL OF SERVICES

We reserve the right to withdraw services and expel from any tour any person who is causing risk to themselves or the environment. In the event that this occurs, you agree that you will not be entitled to a refund of any sort and that you will be fully responsible for your travel arrangements from the point of expulsion.

18. LEGAL JURISTICTION

By signing or accepting the trip enquiry form you are agreeing to accept all the above conditions, and we agree to operate your tour in the way stated by us. Your contract with us and any matters arising from it shall be exclusively subject to New Zealand law and to the exclusive jurisdiction of the Courts of New Zealand.

Official Bookings

If you are officially booking your place on a trip, you will be required to submit additional information which you may want to get ready in advance. This Includes:

Liability & Medical Declaration

In order to officially book your place on a trip you will need to download and SAVE to desktop, complete and attach this 'Liability and Medical Statement' to this booking form. Please download the PDF using the button below, the document can be edited in software such as Adobe Acrobat or similar.

Liability & Medical Declaration

Need some help?

If you have any questions about any of the trips of dive course, don't hesitate to give us a shout!

T +64 27 2782250
E pete@Lust4Rust.co

© Pete Mesley's Lust4Rust and Shock&Awe Big Animal Diving - Auckland, New Zealand, 2103