Costa Rica Dive and Surf Terms of Service

1. Terms of service

1.1. Costa Rica Dive and Surf Sociedad Anónima. (“Costa Rica Dive and Surf”, “costaricadiveandsurf.com”, “we”, “us” and/or “our”) maintains the website (“Site”) located at costaricadiveandsurf.com. You agree to comply with and be legally bound by the following terms of use (“Terms”). Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from the Site or otherwise continue using the Costa Rica Dive and Surf website. Failure to use the Costa Rica Dive and Surf website in accordance with the following terms of use may subject you to civil and criminal penalties.

1.2. This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully as they contain important information about limitations of liability and resolution of disputes through arbitration. If you do not agree to the Terms of Use, please do not use or make any bookings through this Website, or Dive Center.

1.3. As a condition of your use of this Website, you warrant that:

  • You are at least 18 years of age;
  • You possess the legal authority to create a binding legal obligation;
  • You will only use this website to make legitimate reservations for you.
  • All information supplied by you on this website is true, accurate, current and complete.

2. Background

2.1 Costa Rica Dive and Surf has developed the Site and an online booking system (the “Online Booking System”), which enable individuals to browse, compare and book (the “Booking”) various services, including but not limited to diving tours, snorkeling tours, guided tours, scuba diving courses and equipment rental (the “Services”) from us.

2.2 By browsing, accessing and using the Site and by using the Online Booking System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.

3. Scope of service

3.1 Bookings created through the Online Booking System will constitute a direct contract between you and Costa Rica Dive and Surf in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges. You are solely responsible for reading and understanding the Terms or Service prior to making a Booking.

3.2 Costa Rica Dive and Surf does not charge you for the use of Site or Online Booking System.

4. Bookings

4.1 You can book and pay for tours, courses and rentals through the booking system. Your reservation will be confirmed, and your place secured once the full payment has been made.

4.2 The bookings can be made by email, phone call, or whats app. Our staff will provide you with the necessary information in order to proceed with the payment.

4.3  All activities must be booked at least 5 days in advance.

4.4 Some Bookings require availability confirmation. These bookings are only confirmed once a confirmation email including a confirmation invoice with a link for the payment has been sent to you. Costa Rica Dive and Surf advises you to make other related travel arrangements, including flight arrangements, only after bookings are confirmed.

4.5 Costa Rica Dive and Surf is responsible for the correct execution of the reservation process. We require all participants to provide Full Name, Age and any indication about medical conditions.  In some cases, additional information, including but not limited to passport copies, evidence of guest insurance, health certificates, etc. are required by Costa Rica Dive and Surf to make a booking complete. You are obliged to provide this information as detailed as possible within 48 hours of making the booking for all the guests covered under the booking. We hold the right to cancel the booking according to the applicable booking policy in case this information is not provided by you or is provided too late.

5. Prices

5.1 All rates and prices listed through the Online Booking System include the cost of the base service. Some surcharges like National Park fees or specific taxes may not be included. Please read the description of each Tour or service before purchasing.

5.2 Taxes and levies (“Surcharges”), if applicable, are indicated in the Online Booking System during the checkout process for informational purposes. These Surcharges may be subject to change after the booking has been completed based on changes in local conditions beyond Costa Rica Dive and Surf’s control. A change in Surcharges does not give you the right to cancel a booking.

6. Availability

6.1 Most of Services displayed on the Site are available for online booking and don’t require availability confirmation from Costa Rica Dive and Surf.

6.2 When specified, some services may require availability confirmation. The online booking system will not charge you for these booking until the availability is confirmed by Costa Rica Dive and Surf.

6.3 In the event that Costa Rica Dive and Surf has limited availability during the date range specified in the booking, we will notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.

7. Payment

7.1 The reservation system allows users to pay with most of the available credit cards. Users can also pay via Paypal or direct bank transfers. All fees, costs, charges, and taxes with respect to Services are payable to Costa Rica Dive and Surf in the currency indicated in the booking confirmation.

8. Cancelation and Refund policy

8.1 Bookings canceled 48 hours or more prior the time of the tour or activity get a 100% refund.

8.2 Bookings cancelled between 24 hours and 48 hours prior the time of the tour or activity get 50% refund.

8.3 Bookings cancelled during the 24 hours prior the time of the tour or activity will not be refunded.

8.4 Please contact us directly in order to process the cancellation.

8.5 Admin costs associated with the payment gateway will be deducted from the refunded amount.

9 Special circumstances

9.1 Costa Rica Dive and Surf reserves the right to cancel a booking, or suggest providing Services at an alternative date in the event that conditions, including but not limited to, poor weather, volcanic eruptions, tornado, tsunami, flood, natural disaster, fire, war, riots, pandemics, epidemics, and government actions resulting from the pandemic or epidemic, or other circumstances make it unsafe or impractical to provide Services at the date(s) specified in the booking confirmation.

9.2 If the Activity is canceled due special circumstances, this can be re-scheduled for a different day and time, according with availability. If the customer is not able to reschedule the tour, a refund can be applied.
9.2 If a refund applies in relation to a cancelled booking, the costs to be paid or reimbursed to the Customer by Costa Rica Dive and Surf shall be limited to the actual, direct cost amounts paid by the Customer to Costa Rica Dive and Surf in relation to the cancelled booking. Costa Rica Dive and Surf shall not be held responsible for indirect or ancillary costs such as airfare, or any other costs that are not directly related to its providing Services. Costa Rica Dive and Surf recommends taking out private travel insurance.

10 Restrictions

10.1 Children must be at least 4 years old in order to participate in the activities.
10.2 The minimum age for dive activities is 10 years old.
10.3 Pregnant women are not allowed to participate in any of our tours.
10.4 The maximum capacity for the tour is 13 people.

11 Responsability

11.1 By booking Services through the Online Booking System, you agree that you have reviewed the standards and requirements, including but not limited to minimum diving experience and certification requirements, diving insurance requirements, personal information and signed documentation required, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. Should you not meet the requirements to dive or be fit to dive, you agree to notify us within 12 hours of booking.

11.2 You acknowledge that Costa Rica Dive and Surf may require you to sign our liability waiver, medical release forms and other forms prior to participating in the service and/or activity we offer. You understand that any violation of any rules and restrictions may result in cancellation of your reservation(s), in you being denied access to the product or services you booked, and in you forfeiting any monies paid for such reservation(s). Such waivers will be provided at the start of the trip.

11.3 You are responsible for understanding and complying with the requirements, and Costa Rica Dive and Surf advises you to enquire about requirements prior to making a booking. Costa Rica Dive and Surf may request you to sign off on our standard release and liability forms prior to your trip date. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fees may apply.

11.4 You are responsible for ensuring that you meet foreign entry requirements for Costa Rica travel and that your travel documents, such as passports and visas, are in order, and any other foreign entry requirements are met. Costa Rica Dive and Surf urges customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

11 Promotions

11.1 Costa Rica Dive and Surf may issue promotion codes applicable to qualifying Services. Instructions on how to redeem promotional codes and the specific terms related to each code may vary and will be set out in applicable terms. Costa Rica Dive and Surf reserves the right to modify or cancel promotion codes at any time.

12 Privacy Policy

12.1 Costa Rica Dive and Surf believes in respecting privacy and protecting data. Please click here to review our current Privacy Policy, which applies to your use of the Website, and is incorporated by reference, to provide you understanding of our practices.

13 Liability disclaimers

13.1 Costa Rica Dive and Surf makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Site, the Online Booking System, the Services or otherwise. In no event will Costa Rica Dive and Surf or its affiliated companies, directors, employees, agents, or contractors be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to

  • Viruses or harmful components in software on the Site.
  • Interruption, delay or inability to use the Site or the Online Booking System.
  • Damage to computer equipment or other property;

13.2 Costa Rica Dive and Surf cannot be held liable for and will not accept responsibility for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving, or any activity or as a result of acts or omissions by third parties.

14 Indemnification

14.1 You agree to defend and indemnify Costa Rica Dive and Surf, their affiliates and subsidiaries, and any of their officers, directors, employees, and agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of

  • Your breach of these Terms of Use or the documents referenced herein;
  • Your violation of any law or the rights of a third party; or
  • Your use of this Website.

15 Legal strucure and governing law.

15.1 Costa Rica Dive and Surf Sociedad Anonima is a company legally subject to the laws of Costa Rica. These Terms of Service shall be construed in accordance with the laws of Costa Rica.
15.2 We are committed to customer satisfaction, so if you have a problem or a dispute with the services provided by Costa Rica Dive and Surf, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us or our Privacy Policy (“Claims”), by contacting Costa Rica Dive and Surf at [email protected] or +506 2787 0362. If we are not able to resolve your Claims within 60 days, you may seek relief through Arbitration. Any and all claims will be resolved by binding arbitration, rather than in court.

16 COVID19 Protocols

16.1 In Costa Rica Dive and Surf we comply all ther COVID-19 protocols in order to take care of you, take care of ourselves and provide a safe working environment. By participating in any activity with us, you agree to follow the COVID19 guidelines.

16.2 When confirming your reservation, you will be informed of all the details and protocols we must follow.

16.3  Before entering the dive center, a member of our staff will measure your temperature. You can then wash your hands with soap and water.

16.4  IMPORTANT:  If a person has a temperature greater than or equal to 37 ° Celsius, they will not be allowed to participate in any of the activities.

16.5 All customers and staff are urged to maintain a distance of 1.80 meters between each person or stay with their respective bubble Social.

16.6 Bringing your Personal Protective Equipment (PPE) is recommended.

16.7  You will be kindly requested to follow the instructions of our staff and the guide during the activities in order to comply with the protocols. If one of the participants does not want to follow the established protocols, we will proceed to finish the activity for this specific person.

16.8 Due to the type of activities, we apply a very rigorous equipment wash procedure for peace of mind and trust of each of our clients.