The following are the terms and conditions for booking the MV SAMAMBAIA, operated by GPC International Company Limited (hereafter “SAMAMBAIA”). Bookings are handled by the appropriate regional General Sales Agent or GSA. In North America, SAMAMBAIA is represented by Subculture LLC, an Oregon limited liability company. This will be hereafter referred to as "SAMAMBAIA GSA". By checking the box at the end of this form, signing and submitting this form you agree to the terms outlined within.
Section 1: Terms and Conditions
As the SAMAMBAIA GSA, we commit to all the services offered in any of our literature and promotional materials. The following terms and conditions form the basis of a contract with our customer and SAMAMBAIA GSA. This is the customers' commitment to our company, and our commitment to our customers.
Section 2: Booking Application
All prices published on the website or printed in the brochure are meant as cash prices, respectively when money is wired via bank transfer. To receive confirmation of your bookings please follow the payment conditions of Section 4; we reserve the right to consider the contract cancelled (as per our cancellations conditions) if any payment is late.
Section 3: Inclusions and Exclusions
3.1 Inclusions
- Transfers from and return the airport to the MV SAMAMBAIA
- Accommodation in a standard cabin with en-suite shower bath, toilet and AC (Master Cabin surcharge applies when booked)
- Full board including all drinks on board (excluding alcohol)
- All diving (no diving on arrival/departure day)
- NITROX fillings for whole cruise
- Multilingual guides on board
- All offered land excursions
3.2 Exclusions
- Fuel surcharges and harbour fees (please check the services under availability)
- NITROX course (on request available)
- Souvenirs onboard
- Crew gratuities
- Domestic airport-taxes and departure taxes
- Trip insurance (see below)
- Massage (if available)
- Marine Park Fees
Section 4: Bookings and Payment Conditions
4.1 Deposit for individual bookings
To receive confirmation of your booking; a deposit of 20% of the total invoiced charter price is required if the cruise is more than 180 days ahead (including the departure day), if the cruise is less than 180 days ahead (including the departure day) a deposit of 50% of the total invoiced charter price is required. Deposit payments are required 10 days after receipt of invoice.
4.2 Payment of remaining balance applicable for individual bookings
Beyond the booking deposit (see Section 5.1 & 5.2), a second payment of 30% of the total invoiced price is due at 180 days prior to the first day of the cruise.
The remaining balance for individual bookings is due no later than 90 days before before the first day of the cruise.
We reserve the right to consider the contract cancelled if the payment conditions are not upheld, SAMAMBAIA GSA will then enforce our cancellation policy as set in Section 5.
4.3 Short notice bookings
Bookings made within 90 days of the departure date of the SAMAMBAIA cruise require full payment within 10 days after receipt of invoice.
4.4 Payment Details
Payments for deposit and down payments must be made by wire transfer or check to the SAMAMBAIA GSA bank account as given with the confirmation and invoice. (the debitor bears ALL transaction / wire fees).
Section 5: Changes or Cancellations
5.1 General
If a customer wishes to cancel or change a booking in any way, it must be done by registered post or electronic mail to the SAMAMBAIA GSA where the original booking was placed at the address below.
Subculture LLC
PO Box 697
Troutdale, OR 97060
United States of America
info@subculturetravel.com
The date that the SAMAMBAIA GSA receives the announcement of change or cancellation to the booking will be the date used to determine which fees apply. On Saturdays, Sundays, and public holidays the next working day will count.
5.2 Changes to booking dates
Changing of a cruise date is treated as a cancellation and a new booking and results in the applicable cancellations fees, see Section 5.3.
5.3 Cancellation policy for individual bookings:
Up to 180 days prior to departure a 20% of the total invoiced amount cancellation applies
180 to 91 days prior to departure 50% of the total invoiced amount cancellation fee applies
90 to 0 days prior to departure (or failure to appear on departure day) 100% of the total invoiced amount cancellation fee applies
Section 6: Insurance. Passenger Substitutes, and Schedules/Itineraries
6.1 Trip Insurance
As the SAMAMBAIA GSA we believe that your safety and holiday enjoyment are very important. Therefore comprehensive travel insurance is highly recommended for all guests on all SAMAMBAIA cruises. We do not endorse nor recommend any specific provider.
6.2 Dive Insurance
Valid international dive insurance is mandatory for all SAMAMBAIA cruises. Guests must show proof of the insurance via upload through Subculture LLC’s client form (when specified) and again at the time of boarding.
6.3 Substitute Passengers
If for any reason an individual passenger cannot join the booked SAMAMBAIA cruise the booking may be eligible to be transferred to another person more than 3 days prior to cruise departure (includes departure day). The new passenger will be required to sign several different agreements and must be approved by SAMAMBAIA GSA in order to assume the booking. Passenger substitution may be allowed up to 3 days prior to departure. The SAMAMBAIA GSA takes no responsibility for changes to any bookings not made by the SAMAMBAIA GSA on behalf of the passenger (i.e. air tickets, hotel reservation etc.). A handling fee of US$ 250.00 per person applies.
Section 7: Changes to published material, changes to rates and transportation costs
7.1 Changes before conclusion of the contract
The SAMAMBAIA GSA reserves the right to make alterations and changes to brochure information, service descriptions, and prices in the brochures and price lists at any time before the time of booking. Should the necessity arise the SAMAMBAIA GSA will inform the customer prior to entering of the contract. The date the contract is entered is the date that a booking fee is received by the SAMAMBAIA GSA.
7.2 Price Changes
In rare circumstances it is possible that prices must be increased. The circumstances under which this may occur are the following:
- Increases in transportation costs (including fuel costs)
- Increases in state taxes and duties (i.e. airport taxes, landing fees, embarkation/disembarkation fees, sales taxes etc.)
- Currency fluctuations
The SAMAMBAIA GSA reserves the right to raise the agreed price up to 31 days prior to departure.
7.3 Itinerary and transportation changes after booking and before departure
The SAMAMBAIA GSA reserves the right to change the itinerary and particular services if required due to unforeseen or unavoidable circumstances. The SAMAMBAIA GSA will make a commercially reasonable effort to offer equivalent alternatives of a comparable standard. The SAMAMBAIA GSA will inform the customer of such changes at the earliest possible date and the effect they will have on price.
Section 8: Trip cancellation by the SAMAMBAIA GSA
8.1 Cancellation for reasons caused by the customer
The SAMAMBAIA GSA reserves the right to cancel a booking if actions on the customer´s part give justifiable cause to do so. In such instance the SAMAMBAIA GSA will refund any payments already made. Further claims against the SAMAMBAIA GSA will not be entertained.
8.2 Force Majeure and unpredictable acts of man
The SAMAMBAIA GSA reserves the right to cancel a trip for reasons of Force Majeure (i.e. natural disasters, epidemics etc.) or unavoidable acts of man (i.e. war, riots, strikes etc.). In the event of this happening the SAMAMBAIA GSA will advise you at the earliest possible date. No refunds for cancellation due to reasons of Force Majeure will be given.
8.3 Trip cancellation by the SAMAMBAIA GSA for other reasons
The SAMAMBAIA GSA reserves the right to cancel a trip for other reasons that are unavoidable and will inform the customer at the earliest possible date. SAMAMBAIA requires a minimum of 4 participating customers for all cruises. If that minimum number of participating customers is not reached three weeks prior to departure, SAMAMBAIA reserves the right to offer an alternative program. If the customer declines the proposal of the alternative program, SAMAMBAIA will reimburse all payments received up to that date. Any additional form of compensation will not be allowed.
Section 9: Changes to the itinerary and services
If the SAMAMBAIA GSA deems it necessary to change an itinerary during a trip (i.e. due to weather conditions etc.) and the trip is adversely affected then the SAMAMBAIA GSA will refund the difference between the agreed tour price and the services actually provided.
Section 10: Damages
10.1 Damages resulting from personal injury, illness or death
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SAMAMBAIA GSA from any and all claims, demands, or causes of action related to the this Agreement which are caused by illness, personal injuries or death which may be sustained by reason of, or while engaged on, any trip whether due to the ownership, maintenance, use, operation or control of any aircraft, helicopter, automobile, bicycle, boat, vehicle, hotel, common carrier or any other conveyance used in carrying out these trips. The SAMAMBAIA GSA assumes no liability due to any cause whatsoever whether caused by failure or delay or other irregularity, acts or omissions occurring during a trip under which the means of transportation or other service provided thereby is offered or supplied by owners, operators or public carriers for and on behalf of the SAMAMBAIA GSA.
10.2 Damages from certain causes
The SAMAMBAIA GSA shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage. In case of a medical problem arising during the voyage, 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 the passenger.
10.3 Loss or damage to personal belongings
The SAMAMBAIA GSA does not take any responsibility for loss or damage to guest´s personal belongings that are due to Force Majeure causes (refer to Section 8.2).
Section 12: Disabilites
The undersigned certifies that they and their accompanying passengers do not have any mental, physical or other condition or disability that would create a hazard for himself / herself or other passengers. The SAMAMBAIA GSA reserves the right to cancel or withdraw any person as a member of the tour at any time.