Terms and Conditions

Smart Dive Travel is an online service that enables users to search, plan, and book dive travel experiences worldwide. Within the scope of an intermediary service, Smart Dive Travel provide the visitors and Suppliers of dive activities or tourist services with this booking Platform. In addition, Smart Dive Travel also provide this booking Platform to certain cooperating partners (sub-agent/distribution partner) for the booking of the Supplier’s services. Smart Dive Travel offers a variety of dive tours, trips, Diving courses, packages, live-aboard and other services (“products”) made available by Smart Dive Travel 's third party suppliers through Smart Dive Travel's and its affiliates' websites and mobile properties and related applications (collectively, this “Website”). This Website is provided to assist customers in gathering travel excursion information, posting opinions of travel excursions, engaging in interactive travel forums, and searching for and booking reservations for Products, and for no other purposes. Smart Dive Travel is not a contracting party with regards to the tourist services offered on this booking Platform.

The terms “we”, “us”, “our” and “Smart Dive Travel” refer to Smart Dive Travel, and/or our affiliates, the parent company, and subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website and the Products made available on this website are offered to you conditioned on your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

Website information

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; altogether the "Website") is provided by Smart Dive Travel, M.P. Haela, Kibbutz Tzora, Israel. You can contact us by email (info@smartdivetravel.com) or by phone using these numbers: USA & Canada: 866 878 5025 (toll free) International: +972 (0)54 288 6515 Israel: 054-288 6515. Bookings through the Platform are subject to the General Terms and Conditions of Smart Dive Travel as well as the General Terms and Conditions of the Supplier.

Use of the Website

Smart Dive Travel does not charge you for the use of website or Online Booking Platform.

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Smart Dive Travel account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. Smart Dive Travel does not knowingly collect the information of anyone under the age of 13.

Your use of this Website is intended for personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you (a) have not previously been suspended by Smart Dive Travel or otherwise banned from using the Website; (b) are not a direct competitor of Smart Dive Travel; (c) you will not have more than one Smart Dive Travel account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Smart Dive Travel does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

Privacy Policy and Disclosures

Smart Dive Travel believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Smart Dive Travel's systems, assets, employees, members, and customers; (b) to ensure the integrity and operation of our business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Smart Dive Travel's right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any conflicting terms in Smart Dive Travel's Privacy Policy.

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of SmartDiveTravel.com content requires the prior written permission of Smart Dive Travel (if you're interested in becoming a Smart Dive Travel affiliate, please send email to info@smartdivetravel.com for more information).

Additionally, you agree that you will not and will not assist or enable others to:

1. use this Website or its contents for any commercial or unlawful purpose;

2. access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission;

3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

5. deep-link to any portion of this Website for any purpose without our express written permission;

6. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;

7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Smart Dive Travel in connection with the Website;

8. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;

9. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

10. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

11. use the Website to promote bigotry or discrimination against protected classes;
use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

12. use the Website to submit or transmit pornography or illegal content;
use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;

13. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

14. use any device, software or routine that interferes with the proper working of the Website, or otherwise, attempt to interfere with the proper working of the Website;

15. use the Website to violate the security of any computer network, crack passwords or security encryption codes;

16. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or

17. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content or features that enforce limitations on the use of the Website.

User Accounts

You need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time for any or no reason.

We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.

You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.

AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER SMART DIVE TRAVEL NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH SMART DIVE TRAVEL AND OTHER USERS.

Electronic Communications

When you use the Smart Dive Travel Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from e-mail communications at any time by emailing info@smartdivetravel.com.

Content

You and other users of our Website can contribute to the Website in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, rating other users' contributions and making other similar contributions or submissions to the website (collectively, “Content”). We may use your Content in a number of different ways, including, among other things, displaying it on the website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.

Accordingly, please be aware that by submitting Content, you grant Smart Dive Travel and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content. You acknowledge that Smart Dive Travel may choose to provide attribution of your comments or reviews at our discretion. You further grant Smart Dive Travel the right to pursue at law any person or entity that violates your or Smart Dive Travel's rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Smart Dive Travel or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Smart Dive Travel, and its licensees, successors and assigns, from any claims that you could otherwise assert against Smart Dive Travel by virtue of any such moral rights.

Smart Dive Travel and its affiliates may display advertisements and other information adjacent to or included with your Content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Smart Dive Travel provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

· Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

· Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Smart Dive Travel;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
Content or links to content that, in the sole judgment of Smart Dive Travel, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) may expose Smart Dive Travel or its affiliates or its users to any harm or liability of any type.

You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Smart Dive Travel.

Smart Dive Travel takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Smart Dive Travel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Smart Dive Travel is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.

Although Smart Dive Travel has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Smart Dive Travel reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this website at your sole cost and expense. Smart Dive Travel has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

Products and Booking Reservations

By booking a reservation for a Product through the Website, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement, use this website, book the Product, and that all information you supply is true and accurate. You further agree that you will use the booking functionality of this website to make only legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her Smart Dive Travel account terminated.

Smart Dive Travel is not a travel agency and does not provide or own transportation services, accommodation packages, diving tours, excursions or other travel experiences. The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Smart Dive Travel Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of Smart Dive Travel. Although Smart Dive Travel displays information about diving activities and related experiences offered by third-party suppliers and facilitates reservations those suppliers, such actions do not in any way imply, suggest, or constitute Smart Dive Travel's sponsorship or approval of third-party suppliers, or any affiliation between Smart Dive Travel and third-party suppliers. Although Smart Dive Travel members may rate and review particular travel experiences based on their own experiences, Smart Dive Travel does not endorse or recommend the products or services of any third-party suppliers. While Smart Dive Travel tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including any information provided by third parties). You agree that Smart Dive Travel is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Website.

If you book a reservation for a travel experience through the Website, you agree to review and be bound by the supplier's terms and conditions and any other rules or policies related to the supplier's travel experience. Your interactions with third-party suppliers are at your own risk. Smart Dive Travel will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

This website may link you to supplier sites or other websites that Smart Dive Travel does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

Modifying or Amending Your Booking

All requests for modifications and amendments to your booking must be directed to the Smart Dive Travel Customer Service who will process the request. See the section “Payment & Cancellations” below for additional information with respect to canceling a booking.

Smart Dive Travel does not charge a fee to amend or change the dates of an existing booking.
All date change requests and amendments are subject to availability by our suppliers and/or service providers; Smart Dive Travel cannot guarantee the success of any date-change request.
If you make a purchase using a Smart Dive Travel promotion code, or if you accept a discount or special-offer price during the Smart Dive Travel checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Smart Dive Travel may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However, Smart Dive Travel reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, Smart Dive Travel reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

Pricing & Inclusions/Exclusions

Prices listed on the Website are per person unless otherwise specified.

Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Smart Dive Travel.

Price quotations are subject to change without notice until a booking has been confirmed.

Unless otherwise specified, prices include local taxes and additional services or fees. Suppliers may request additional use-fees, including security, port charges, park fees, agricultural, passenger-facility charges or international transportation tax to be paid locally, these additional charges are described by the supplier at the “Not included” section of the service.

Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically listed under “Inclusions” on the product pages of the website.

Payments & Cancellations

When you book a reservation for a service through the website, Smart Dive Travel collects your payment information and processes your payment as described below under “Payment Processing”. Smart Dive Travel accepts the following credit cards: Mastercard, Visa, American Express, Discover. There is no charge or service fee for processing credit or debit card payments. Full payment by credit, debit card or Paypal is required to make a reservation. Payment will be listed as Smart Dive Travel on the credit or debit card statement.

No refunds are available once a tour or service has commenced, or in respect of any package, accommodation or any other services utilized.

Smart Dive Travel does not charge cancellation fees.

Additional fees may be levied by the individual supplier or tour operator (see your Smart Dive Travel Confirmation for specific details). The Supplier will clearly set out their cancellation policy in the tour or service description terms. The Supplier will not charge a cancellation fee provided that the booking is canceled during the no-charge cancellation period as set out in the tour or service description terms. When canceling any booking you will be notified via email or telephone of the total cancellation fees.

Gift Certificates are non-refundable in all circumstances.

The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Smart Dive Travel and Smart Dive Travel affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. Please note for bookings made in Brazil, the tax IOF (Tax Upon Financial Operations, 6.38%) is not included in the final booking value and will be charged to the credit or debit card used to make the purchase.

Smart Dive Travel Gift Certificates

Smart Dive Travel Gift Certificates may be obtained only at the smartdivetravel.com website. All Gift Certificate sales are final. Gift Certificates are not refundable. Smart Dive Travel is not responsible for stolen or lost Gift Certificates.

Smart Dive Travel Gift Certificates can only be redeemed on the smartdivetravel.com website. Smart Dive Travel Gift Certificates are redeemable against any services offered on the smartdivetravel.com website. Smart Dive Travel Gift Certificates are not redeemable for cash. Smart Dive Travel reserves the right to cancel Gift Certificates obtained fraudulently.

Smart Dive Travel Gift Certificates are valid for two (2) years from the date of initial purchase, or as required by local law. Expiry date does not apply where prohibited by law.

Smart Dive Travel Gift Certificates remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws.

If the value of the items you book is greater than your Gift Certificate, you can pay the balance using an acceptable credit card, debit card or Paypal. If the value is less than your Gift Certificate, we'll store the balance in our database for you to use on another occasion. Note that your Gift Certificate, including any unused balance, expires two years after the date of issue, or as required by local law.

Lowest Rate Guarantee

General

We are in direct contact with our suppliers to offer you the most updated availability and best rates at the time of booking. If you find a lower rate we will match the price and give you additional 10% discount of the difference OR a Smart Dive Travel Gift Certificate of the amount difference for you to use on your next trip. Please read the information bellow for complete terms & conditions.

Submitting Lowest Rate Guarantee request

You can submit a Lowest Rate Guarantee Request before booking the trip and up to 48 hours after you booked. In some cases you might be eligible for the Lowest Rate Guarantee up to 24 hours prior to your check, based on the supplier cancellation policy.

To submit a Lowest Rate Guarantee Request please send an email to our customer service team (info@smartdivetravel.com).

Process

You should contact us immediately when you see a lower rate, before you book or up to 48 hours after you book.

Our customer service team will verify the lower rate within 24 hours. The lower rate must be the same itinerary with the same conditions and should be available to the general public and bookable online. All requests are subject to verification by the Smart Dive Travel Customer Service team. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm.

The lower rate product has to be exactly the same one with the same booking conditions sold at smartdivetravel.com. Including same supplier (Dive, center/resort/liveaboard) same package/room/cabin same dates and same cancelation policy. The lowest Rate Guarantee is applicable only if the total cost including taxes and other fees is lower than ours.

If we find your eligibility for Lowest Rate Guarantee we will match the price and will offer you to choose an additional discount of 10% of the price difference or a Smart Dive Travel gift certificate for the value of the price difference for you to use on your next booking with us.

In some cases we will match lower rates up to 24 prior to your check in. This will apply only if your booking still allows penalty free cancelation. In this case we will only match the lower rate price, you won’t be eligible for additional discount. We might on, our own discretion, offer a Smart Dive Travel Gift Certificate for a percentage of the difference. You won’t be eligible for Lowest Rate Guarantee if the lower rate is a last minute deal or a special sell for new bookings only.

Certain types of prices will not qualify for the Lowest Rate Guarantee:

·Have other restrictions or limitations on how they are displayed or booked
Displayed on websites that don't disclose the brand or hotel until the reservation is made
Rates from Auction websites
Loyalty program member only rates, or paying using loyalty points
Rates not publicly available, such as negotiated corporate or group rates.

The Lowest Rate Guarantee is only for diving and activity services, not valid for 3^rd party services, such as flights, hotels, car rentals, diving insurance or other services.

Changes - We reserve the right in our sole discretion to modify or discontinue the Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under the Lowest Rate Guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.

Free Dives Terms & Conditions

Smart Dive Travel Free Dives is a smartdivetravel.com loyalty program (the “Program”). When you book and dive 10 days through the Smart Dive Travel website, we give you 1 free day of diving to redeem. This free diving day include taxes and fees (“Free Dives”).

All bookings must be made online or with our call center. You can only collect diving days or redeem Free dives at an eligible diving activity (trip, course, package, Live-Aboard and etc).

The Program is open to anyone over 18 years old who signs up to smartdivetravel.com with a valid email address. Companies, associations, or other groups may not join.

Collecting dives

You will collect 1 day of diving for every day of diving at an eligible diving activity booked through the website. Eligible diving days will be counted as actual days of diving, not the package length (for example, for a 7 day cruise that includes only 5 days of diving you will collect only 5 diving days), The days of diving you will collect are described at the product description. Collect 10 Days of diving and we give you 1 free day of diving. You must be signed in to your smartdivetravel.com account when you book online so we can add the dives you collect to your account after your dives. If you make a booking with us by phone, you must tell us the email address on your account so we know where to add the dives. You will collect diving days for other guests on the same booking (e.g. if you booked a 5 day liveaboard trip for you and a buddy you will collect 10 days of diving)

We will add any diving days you collect to your account up to 7 days after you finish the dive activity. If you collect diving days but we later believe that you did not complete your trip (an “Invalid diving day”), we reserve the right to remove these Invalid diving days from your account. This could happen if you cancel your booking or did not turn up for the activity, which would make the diving days invalid. You cannot collect any Invalid diving days towards the 10 diving days you need to redeem a Free dive day.

You can check your account to see how many dives you have collected at any time. Just sign in at smartdivetravel.com, or phone our call center. You are responsible for making sure your account is correct. If you believe that you have not collected the correct amount of dives, we will look into this for you. If any bookings are invalid as mentioned earlier, we will remove them from your account.

In addition to the information above, you will not collect dives for the following:

1. Bookings made with an affiliate smartdivetravel.com site

2. Some bookings made using a discount coupon, voucher or code – you will need to check the terms for each of these

3. Group bookings

4. Bookings that do not cost you anything, i.e. are free

Redeeming Free dives

When you collect 10 diving days, we will give you 1 Free dive day as a Smart Dive Travel Gift Certificate to redeem at any eligible smartdivetravel.com supplier. You can redeem your Free dive day gift certificate online, or give us a call and we will make your booking for you.

The maximum value of your Free dive day gift certificate is based on the value of the 10 diving days you collected as long as they have not expired. This value is equal to the average daily rate, excluding taxes, additional items (such as gear rental, Nitrox and etc) and fees, of the dives you previously did. If you collected a dive day at a discounted rate, this price rather than the regular price will be used for the purposes of the calculation. You must pay for taxes, fees, meals and any other costs associated with your Free Dive Day.

If you used different currencies when collecting your 10 diving days, the value of each diving day is currently calculated as USD.

Free diving days are subject to all applicable booking terms and conditions. You will not collect a diving day when you redeem your Free Dive Day. If you book a multiple days of diving activity, such as liveaboard, package, course and etc’, you will be able to collect diving days but we will deduct 1 day from the count (For example for 5 day liveaboard you will collect only 4 days toward your next free dive day). Collected diving days have no cash value, and you cannot redeem your Free Dive Day for cash.

If you redeem your Free Dive day on an activity that is less than the maximum value of your Free Night, you will not get the difference in cash. The value remains remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws per the Smart Dive Travel Gift certificate terms and conditions above. You can redeem your Free Dive day on an activity that costs more than the maximum value of your Free Night – you will need to pay the difference.

If you have more than 1 Free Dive Day Gift Certificate to redeem, you can choose which booking you want to apply it to. You cannot combine your Free Dive Day with any other offer, discount coupon, voucher or code, unless the terms for each of these say you can. This means that when you book an activity and redeem your Free Dive Day, you generally will not be able to get an additional discount on that booking.

Free Dive Days are subject to all applicable cancellation policies that are passed onto us by the Website Supplier. If you cancel a Free Dive Day within the supplier’s cancellation policy, we will return it to your account within 72 hours of your cancellation. If you cancel a Free Dive Day outside of the supplier’s cancellation policy, it will not be returned to your account.

If you want to change the dates of a booking that includes the Free Dive Day you redeemed, you can call or email our customer service or to cancel the booking online, wait for the Free Dive Day Gift Certificate to be returned to your account, then rebook so you can apply your Free Dive Day Gift Certificate to your new booking.

Changes and Termination

Your Dive Days collected will not expire as long as you keep your account active at least once every 24 months. This means you must collect a Dive Day or redeem a Free Dive Day in that time, and when you do, the expiry date will be extended for another 24 months. If you do not collect diving Days or redeem Free Dive Days in a 24 month period, your Dive days will expire and we may deactivate your account. If this happens, your diving days will not be reissued. Sign into your account to check when your diving days are due to expire.

We may change our terms and conditions at any time, with or without notice, including the rules for collecting diving days, the rules for redeeming your Free Dive days, the list of eligible suppliers, and the maximum value of a Free Dive Day. We may communicate these changes to you by email or on our website so please make sure you check your account regularly.

Smart Dive Travel Free Dive Days has no end date and will continue until we close it, which could happen at any time. If we do close the Program, you will have 30 days from when we announce its closure to redeem any Free Dive Days you have in your account. After that date, you will lose your Free Dive Days and you will not be compensated.

By continuing to collect diving days and redeem Free dive days with Smart Dive Travel, you accept any changes to these terms and conditions. You are responsible for keeping up to date on any changes that we may make. The most current version will always be available on our website.

General Smart Dive Travel Free Dives Terms & Conditions

We reserve the right to discontinue your membership if you act fraudulently or use our loyalty program in a way that does not comply with our terms and conditions, or any federal or state laws, regulations, statutes or ordinances. If we discontinue your membership, you may lose your collected diving days and benefits. We also have the right to take appropriate administrative and/or legal action, including criminal prosecution if necessary.

While you are signed up to Smart Dive Travel Free Dive Days, we may communicate any updates to your account or transactions to you by email. We may take back your Dive Days at any time. You cannot sell or transfer your diving days, or combine them with another member’s diving days. Diving days are not transferable if a member dies, if there is a domestic relations issue, or otherwise by operation of law.

The Program is void where prohibited by law. Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision. Our decision on all questions or disputes regarding the Program is final.

Passports, Visas & Insurance

When you book international reservations with third-party suppliers using this website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Smart Dive Travel accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler's failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.

As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

We strongly recommend that you purchase a comprehensive diving and travel insurance policy prior to departure to protect your Product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Smart Dive Travel urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, SMART DIVE TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Our Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS SMART DIVE TRAVEL'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. SMART DIVE TRAVEL, ITS PARENT, SUBSIDIARIES AND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, SMART DIVE TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

SMART DIVE TRAVEL MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SMART DIVE TRAVEL. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SMART DIVE TRAVEL DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM SMART DIVE TRAVEL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMART DIVE TRAVEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

THE THIRD-PARTY SUPPLIERS PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SMART DIVE TRAVEL. SMART DIVE TRAVEL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. SMART DIVE TRAVEL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL SMART DIVE TRAVEL (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR SERVICE BOOKINGS MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SMART DIVE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If Smart Dive Travel found liable for any loss or damage that arises out of or is in any way connected with your use of the websites or your booking or use of Products or services made available through the website, then Smart Dive Travel liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Smart Dive Travel for the transaction(s) on this website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Smart Dive Travel.

Your Liability

You agree to defend and indemnify Smart Dive Travel and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

1. Your breach of this Agreement or the documents referenced herein;

2. Your violation of any law, rule, regulation or guideline;

3. Your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;

4. Your use of this Website;

5. Your booking or use of any Products obtained through this Website; or

6. Your negligence or willful misconduct.

Links to Third Party Websites

This website may contain hyperlinks to websites operated by parties other than Smart Dive Travel. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases, you may be asked by a third party site to link your profile on Smart Dive Travel to a profile on another third-party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

Software Available on this Website

Unless otherwise specified, the website is made available solely to provide information regarding and to promote Smart Dive Travel's services, websites, partners and other products. The website is controlled and operated by Smart Dive Travel from its offices in Kibuttz Tzora, Israel. Smart Dive Travel makes no representation that materials on the website are appropriate or available for use. Those who choose to access the website do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. No software from the website may be downloaded or otherwise exported or re-exported.

Any software that is made available to download from the website (“Software”) is the copyrighted work of Smart Dive Travel or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this website, is owned by Smart Dive Travel and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark Notices

All contents of this Website are ©2017 Smart Dive Travel. All rights reserved. Smart Dive Travel is not responsible for content on websites operated by parties other than Smart Dive Travel. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Smart Dive Travel, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smart Dive Travel or the applicable trademark holder. In addition, the look and feel of this website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Smart Dive Travel and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smart Dive Travel. All other trademarks, registered trademarks, product names and company names or logos mentioned on this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Smart Dive Travel.

If you are aware of an infringement of either your brand or our brand, follow the Copyright Complaint Policy instructions.

Jurisdiction and Governing Law

This Website is operated by an Israeli entity and this Agreement is governed by the laws of the State of Israel. You hereby consent to the exclusive jurisdiction and venue of courts in Tel Aviv, Israel and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this website. You agree that all claims you may have against Smart Dive Travel arising from or relating to this website must be heard and resolved in a court of competent subject matter jurisdiction located in Tel Aviv, Israel. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Currency Converter

If a currency converter is provided on Smart Dive Travel's websites and applications, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Smart Dive Travel and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

General Provisions

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Smart Dive Travel and/or affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relate to your access or use of this website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Smart Dive Travel with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Smart Dive Travel with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Service Help

For answers to your questions or ways to contact us, visit our Customer Service page.

Or, you can write to us at:

info@smartdivetravel.com
Smart Dive Travel
M.P. Haela
Kibbutz Tzora, 9980300 ISRAEL