General Contract and Travel Conditions

Article 1 — Scope and contracting party

1.1 These general contract and travel conditions govern the legal relationship between you, hereinafter “the client”, and Waow Sàrl, Chemin de la Vuarpillière 25, 1260 Nyon, Switzerland, company number CHE-249.121.640, hereinafter “Waow”.

1.2 Waow acts as the organiser of the trip. Waow is your sole contracting party and is directly liable for the proper performance of all services included in the cruise, including those it entrusts to third parties.

1.3 These conditions apply to scheduled-itinerary dive cruises sold directly by Waow, whether as individual bookings, group bookings, or the booking of the entire vessel by a group of individuals.

1.4 They do not apply to:

• cruises booked through a travel agency or a third-party tour operator: in that case the latter is your organiser and its own conditions apply, Waow acting solely as a service provider;
• the charter of the vessel concluded with a tourism professional or a company, which is governed by a separate charter agreement;
• individual services that Waow books on your behalf with a third party, acting solely as an intermediary, in particular air transport, for which the conditions of the relevant provider apply.

1.5 The cruise constitutes a package within the meaning of Article 1 of the Swiss Federal Act of 18 June 1993 on Package Travel (SR 944.3) and of Directive (EU) 2015/2302.

Article 2 — The vessel and its operation

2.1 Cruises are operated on board WAOW 2, a 60.5-metre three-masted wooden vessel.

Article 3 — Pre-contractual information and formation of the contract

3.1 Before any booking, Waow provides the client, on a durable medium, with the pre-contractual information required by Article 4 of the Federal Act on Package Travel and by Article 5 of Directive (EU) 2015/2302. This information forms an integral part of the contract.

3.2 The quotation sent to the client states the total price in Swiss francs, the detail of services included and not included, the applicable payment schedule and the compulsory insurance.

3.3 The contract is formed when the client receives the written booking confirmation issued by Waow. These conditions are deemed accepted by the client at that moment, having been brought to the client's attention and expressly accepted before booking.

3.4 A client booking on behalf of other participants warrants their acceptance of these conditions and is jointly and severally liable with them for payment of the price and fees.

Article 4 — Services

4.1 The following services are included in the price:

• transfers between the airport nearest the port of embarkation and the vessel, on arrival and departure;
• transfers between the hotel and the vessel, within a reasonable radius, on arrival and departure;
• accommodation on board in the cabin category booked, with private bathroom and air conditioning;
• full board, together with soft drinks, tea and coffee;
• the guided dives scheduled in the programme of the itinerary booked, supervision by the non-private dive guides, tanks, weights and fills, and the use of the dive tenders;
• the shore excursions scheduled in the programme of the itinerary booked;
• Nitrox;
• marine park entrance fees and entry taxes;
• the fuel surcharge;
• internet access;
• the use of the personal safety equipment provided on board.

4.2 The following are not included in the price:

• international and domestic air transport, unless ordered separately from Waow;
• the insurance referred to in Article 8;
• alcoholic beverages;
• dive equipment rental;
• courses and training;
• à la carte massages;
• private guide services;
• laundry;
• on-board purchases;
• gratuities;
• personal expenses.

4.3 Marine park entrance fees, port taxes and the cost of fuel are included in the advertised price, in accordance with the Swiss Ordinance on the Indication of Prices (SR 942.211). They are not subject to any subsequent increase.

4.4 The dive programme provides for up to 4 guided dives per day, subject to sea conditions, local regulations and safety requirements. As a rule, no dives are scheduled on embarkation and disembarkation days.

Article 5 — Price

5.1 Prices are stated in Swiss francs, per person, on the basis of double occupancy of the cabin, unless otherwise indicated.

5.2 The applicable price is the one in force at the time of booking, as stated in the written confirmation.

5.3 The price is firm. It is not subject to revision after the contract has been concluded.

5.4 Any bank charges and currency exchange costs are borne by the client. Payments are made in Swiss francs to the account indicated by Waow.

Article 6 — Payment terms

6.1 The total price is payable according to the following schedule, expressed as a percentage of the total booking price and in days before the embarkation date:

6.2 Each instalment is payable within ten days of the request for payment sent by Waow.

6.3 Any instalment date already passed at the time of booking falls due immediately. A booking made less than ninety days before embarkation requires payment of the full price at the time of booking.

Article 7 — Late payment

7.1 If an instalment remains unpaid within the ten-day period, Waow sends the client a written reminder granting an additional period of seven days, in accordance with Article 107 of the Swiss Code of Obligations.

7.2 On expiry of that additional period without payment, Waow may rescind the contract. The scale of termination fees set out in Article 11 then applies, calculated as at the date of rescission.

Article 8 — Insurance

8.1 Insurance covering diving accidents, search and rescue costs, hyperbaric chamber treatment and medical evacuation is compulsory for every participant. Its validity must cover the entire cruise and the cruising area concerned.

8.2 The client provides Waow with the name of the insurer and the policy number no later than thirty days before embarkation. Failing proof, Waow may refuse embarkation; that situation is then treated as a no-show within the meaning of Article 11.

8.3 Cancellation insurance is strongly recommended. It is not compulsory: in its absence, the scale of termination fees set out in Article 11 applies in full and remains payable by the client. It is for the client to check the extent of cover under the policy, which does not necessarily cover these fees in full, in particular where the client withdraws without cause.

8.4 Waow does not act as an insurance intermediary and is not liable for decisions taken by the client's insurer.

Article 9 — Fitness to dive, qualifications and documents

By booking a cruise, every diver is asked to assess his or her experience and abilities honestly and confirms being sufficiently comfortable in the water to dive in the conditions that may be encountered in Indonesia. This self-sufficiency includes in particular the ability to:

• prepare, use and manage one's own equipment without particular assistance;
• control one's buoyancy and safety procedures (ascent with a buddy, safety stop, use of a surface marker buoy);
• manage one's air consumption sensibly.

9.1 Every participant must hold a valid diving certification — we recommend a minimum experience of 50 dives — carry a logbook and submit a declaration of medical fitness to dive using the form provided by Waow.

9.2 The client informs Waow, before booking, of any condition or treatment liable to affect fitness to dive. This information is processed in accordance with Article 22.

9.3 The cruise director may restrict or refuse participation in a dive on safety grounds, in particular where qualifications are insufficient, documents are missing, or there is doubt as to medical fitness. Such a decision gives rise to no right to a refund or to compensation.

9.4 Dives missed by the client, or cancelled by Waow for weather or safety reasons, are not refunded.

Article 10 — Alteration of an essential element before departure

10.1 Where Waow is obliged to alter significantly an essential characteristic of the cruise, in particular its duration, the cruising area or the vessel, it informs the client without delay.

10.2 The client then has seven days to accept the alteration, to accept a substitute cruise of equivalent or higher quality if Waow offers one, or to terminate the contract without charge with full reimbursement within fourteen days. The notice expressly states this period and the fact that failure to reply within it is deemed acceptance of the alteration.

10.3 If the substitute cruise accepted is of lower quality or cost, the client is entitled to a corresponding price reduction.

Article 11 — Termination by the client

11.1 The client may terminate the contract at any time before embarkation. Termination is made in writing; the date of receipt by Waow determines the applicable scale. A notice received on a Saturday, a Sunday or a public holiday in the Canton of Vaud is deemed received on the next working day at Waow's registered office.

11.2 The following termination fees are due, expressed as a percentage of the total booking price:

11.3 These amounts correspond to the cost savings Waow may reasonably expect and to the income it may reasonably expect from reselling the place. They take account of the marketing lead time specific to scheduled-itinerary dive cruises, which runs to several months, of the limited number of places per departure, and of the fact that most of the operating costs of the departure — fitting out the vessel, crew, provisioning, permits and access fees — are already committed.

11.4 Impediments personal to the client, for example illness, accident, bereavement, professional commitments, refusal of a visa or cancellation of a separately booked flight, do not constitute unavoidable and extraordinary circumstances within the meaning of Article 16. They fall within the client's cancellation insurance and do not alter the scale set out in clause 11.2.

Article 12 — Voluntary transfer to another departure

12.1 Waow offers the client the possibility of transferring the booking to another departure, to be chosen within eighteen months of the embarkation date originally scheduled.

12.2 The transfer request must reach Waow no later than 180 days before the original embarkation.

12.3 The transfer fee amounts to 10 % of the total booking price where the request reaches Waow more than 365 days before embarkation, and to 15 % of the total booking price where it reaches Waow between 365 and 180 days before embarkation.

12.4 Any price difference between the original departure and the new departure remains payable by the client.

Article 13 — Transfer of the contract to another traveller

13.1 The client may transfer the contract to a person meeting the conditions of participation — diving certification, medical fitness, insurance, travel documents — up to ten days before embarkation.

13.2 The transfer is subject to a flat fee of CHF 250 per person transferred.

13.3 The transferor and the transferee are jointly and severally liable for payment of the price and of the transfer fee.

13.4 Waow informs the client as soon as possible if the proposed transferee does not meet the conditions of participation. The request is then dealt with under Article 11.

Article 14 — Cancellation by Waow

14.1 Waow reserves the right to cancel the departure no later than twenty days before embarkation if a minimum of 3 participants is not reached. In that case the client obtains full reimbursement of the amounts paid within fourteen days, to the exclusion of any further compensation.

14.2 In the event of cancellation for any other reason attributable to Waow, the client chooses between transfer without charge to another departure and full reimbursement of the amounts paid within fourteen days.

Article 15 — Late delivery of the vessel

15.1 If the vessel is not delivered, registered or certified in time to operate a confirmed departure, Waow informs the client as soon as it becomes aware of this.

15.2 The client then chooses between transfer without charge to a later departure and full reimbursement of the amounts paid, made within fourteen days.

Article 16 — Unavoidable and extraordinary circumstances

16.1 Unavoidable and extraordinary circumstances mean a situation beyond Waow's control, the consequences of which could not have been avoided even if all reasonable measures had been taken: in particular natural disaster, epidemic or pandemic, armed conflict, serious civil unrest, administrative closure of a cruising area or of a marine park, or travel restrictions imposed by an authority.

16.2 Where such circumstances, occurring at the place of destination or its immediate vicinity, or affecting carriage to that place, significantly affect the performance of the cruise, Waow may terminate the contract before embarkation and the client chooses between transfer without charge to another departure and full reimbursement of the amounts paid within fourteen days.

16.3 If such circumstances arise during the cruise, Waow provides the client with appropriate assistance and bears, within the statutory limits (a maximum of 3 nights per passenger), the cost of the additional accommodation made necessary by the impossibility of ensuring the return journey.

Article 17 — Navigational contingencies and minor alterations

17.1 Published itineraries are indicative. Sea state, weather conditions, currents, safety requirements, decisions of local authorities or the temporary closure of sites may lead the captain to change the anchorage, the order of stages or the choice of dive sites.

17.2 So long as the duration of the cruise, the general cruising area and the level of service on board remain unchanged, such adjustments constitute minor alterations and no compensation is due.

Article 18 — Authority of the captain and life on board

18.1 The captain exercises authority in matters of navigation and safety. His or her instructions, and those of the cruise director, are binding on all participants.

18.2 The consumption of alcohol is prohibited before any dive and until the end of the diving day.

18.3 Taking coral, shells, living organisms or artefacts, and any conduct harmful to the marine environment, is prohibited. In the event of excess and after a first warning, the cruise director may prohibit that person from diving, and this gives rise to no right to any refund from Waow.

18.4 Waow may disembark, at a safe port, any participant whose conduct endangers the safety of the vessel, the crew or the other passengers, or seriously disrupts the conduct of the cruise. Return costs are borne by the person concerned and no refund is due.

Article 19 — Lack of conformity and complaints

19.1 The client reports without delay to the cruise director or his or her representative any lack of conformity observed during the cruise, so that Waow can remedy it on the spot.

19.2 Failure to report entails no loss of rights. However, the client may not rely on a lack of conformity which Waow could have remedied had it been informed in good time.

19.3 Any complaint after the cruise is to be addressed to Waow in writing, together with supporting evidence. No contractual time bar is applied to the client; only the statutory limitation periods apply.

Article 20 — Liability

20.1 Waow is liable for the proper performance of all services included in the contract, whether performed by itself or by other service providers, in accordance with Articles 14 et seq. of the Federal Act on Package Travel.

20.2 Waow is released from liability where the failure is attributable to the client, to a third party unconnected with the provision of the services where the failure was unforeseeable or unavoidable, or to unavoidable and extraordinary circumstances.

20.3 For damage other than personal injury, and provided it does not result from an intentional act or negligence on the part of Waow, compensation is limited to three times the total price of the package per person.

20.4 The client retains custody of personal effects, diving equipment, cameras and valuables. Waow is not liable for their loss, theft or damage, save for fault on its part.

20.5 Participation in excursions and optional activities organised by third parties outside the agreed programme is at the participant's own risk; Waow is not the contracting party for them.

Article 21 — Travel documents, formalities and health

21.1 The client is responsible for the validity of his or her passport, for obtaining visas and for complying with the health and customs formalities applicable to Indonesia and to transit countries. Waow informs the client of the known general requirements.

21.2 The consequences of missing documents, of refusal of entry or of an early return imposed by an authority are borne by the client.

Article 22 — Data protection

22.1 Waow processes the client's personal data in accordance with the Swiss Federal Act on Data Protection and, for clients resident in the European Union, with the General Data Protection Regulation.

22.2 Health data communicated in the context of the declaration of fitness to dive constitute sensitive data. They are processed solely for the purpose of the client's safety, on the basis of the client's explicit consent, and disclosed only to the dive staff concerned and, in an emergency, to medical services and to the insurer.

22.3 Identity data are transmitted to the Indonesian authorities where local regulations so require, in particular for crew and passenger manifests and for navigation permits.

22.4 The client has a right of access, rectification, erasure, objection and portability. Contact: info@waow.ch.

Article 23 — Governing law and jurisdiction

23.1 The contract is governed by Swiss law.

23.2 The ordinary place of jurisdiction is Waow's registered office.

Article 24 — Final provisions

24.1 The possible invalidity of any provision does not affect the validity of the remaining provisions.

24.2 These conditions exist in French, English and German. In the event of discrepancy, the French version prevails.

24.3 Applicable version: the one in force at the date of booking.