Snorkel and Kayak – The Atlantic Coast

Scope of Application

These General Terms and Conditions govern the legal relationship between LIVE FOLKS the Tours Guide (hereafter "LF") and the tours participants as well as third parties booking tours for tour participants or acting as agents for tours (hereafter "Customer(s)") for all services provided by LF, in particular, the organization of excursions (hereafter "Tour(s)") and their guiding as far as tour guiding is not provided by third-party providers. The present GTC form an integral part of any individual contract independently of the medium through which the contract is closed

A. Contract

By using Livefolks.com or any of LIVE FOLKS-affiliated website, travel agents, OTAs you agree to be legally bound by the following Terms and Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use Livefolks.com or a Live Folks-affiliated website, travel agents, OTAs. In all cases the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) named in the booking and who partake in the booked tour(s).

B. Our Service

LIVE FOLKS through the information on our website aims to publish the most accurate, up-to-date information possible regarding costs, dates and times of the tours listed; this information is bound to change frequently. Bookings can be made through different distribution channels (internet, travel agency, hotel, tourist information, etc.) by telephone, e-mail, fax or in person. For free participation, too, a booking must be made. Otherwise, LF may exclude the participant and, in case of minors, also their accompanying person (see section E) from the Tour.

C. Rates and Terms of Payment

The Tour price per person (hereafter "Tour Price") is stated the price list in US dollars. The customer agrees to pay the advertised price for the tour. There is currently no booking fee to place a booking. The Tour Price is due at the time of booking.

 D. Cancellations, Amendments and Refunds

The cancellation fees applied differ between one-day tours.

d-1) Cancellation by you, the Customer, if you are not able to partake in a Tour on the date and time you have booked you should contact LF. In case of cancellation of less than 48 hours (2 days) before the Tour start and in case of no-show, the full Tour Price per Customer is charged. The terms of cancellation / changes in bookings as mentioned above also apply to bookings that are made in 24 hours (1 day) or last minutes before the Tour start. Exception to above: For Multi-day tours program a cancellation period of 48 hours (2 days) before the Tour start apply. If you need to make a change to your departure date, you must notify us by email at least 4 business days prior to departure. For changes, we charge up to $30 USD per person. Some providers frequently charge fees for changes; if this occurs, the additional fee will be added to your total.

d-2) Amendments or Cancellation by LF It is at LF 's free discretion to cancel a Tour that is jeopardized, considerably hindered or made impossible due to force majeure, meteorological hazard, official measures, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events. The same applies if the minimum number of participants paying for the full Tour Price is not reached for regular tours. In the event we have to cancel a tour and it is not possible to postpone, reschedule or to offer you another tour option, the Tour Price that has already been paid will be refunded, further compensation claims are excluded.

d-3) Refund for cancellations received less than 48 hours (2 days) prior to scheduled departure, a 100% of cancellation fee will apply. Cancellations received 998 days prior to scheduled departure, a 0% cancellation fee will be charged.

E.Terms of Participation

Tours are offered subject to the terms published by LF (e.g. with regard to language, Tour guiding, etc.). Lead Tours participants must identify themselves at the check-in before the Tours start by showing a voucher or Invoice according to the booking; otherwise, LF may exclude both the lead Tour participants and Customers for whom the booking was made from the Tours without refund of the purchasing price. Minor Customers must be accompanied by a person having the power of representation.Customers undertake to inform LF of any health problems. Adequate health and accident insurance coverage is the responsibility of the Customers (including supplementary insurance against sports accidents in case of Tours with sports activities).

Joining a Tour under the influence of drugs, medicines and/or excessive alcohol is not permitted. Customers undertake to strictly comply with these GTC, the terms of participation of third-party providers, the instructions of LF, of third-party providers, of support staff as well as external Tour guides and rescue staff.

Furthermore, Customers are obliged to wear seat belts and to use child safety seats, if applicable. LF reserves the right to exclude a Customer from the Tour with immediate effect in case of health problems, non-compliance with the terms of participation or violation of these GTC or any instructions. In case a minor Customer is excluded, the accompanying person is also excluded from the Tour. In case the exclusion is made prior to the Tour start, the terms of cancellation apply analogously. In case the exclusion is made during a Tour, the Customer has no right to a refund of the Tour Price. In case of exclusion, any and all claims for damages against LF are excluded.

If the Customer is not present in time at the departure respectively meeting point for the start of or during the Tour, LF reserves the right to exclude the Customer from the Tour after a waiting period of 5 minutes for a half-day Tour or 15 minutes for a day Tour and to depart without the Customer. In this case, the Customer is neither entitled to a refund of the Tour Price nor may the Customer claim any damages. Furthermore, Customer must pay for any additional costs (e.g. transportation back to the starting point) him- or herself.

F. Liability

f.1 Limitation of LF 's Liability

Customers undertake all activities at their own risk. Any liability of LF is limited to the Tour Price as well as any direct damages caused wilfully or by gross negligence by LF. LF 's liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. LF does not assume any liability in case of non-fulfilment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section E). In case of cancellation of a Tour, LF is only liable for the refund of the Tour Price if no alternatives are offered such as rescheduling and different tours options. LF does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, accident, illness, etc. as well as loss, theft, damage or misuse of checks and credit cards.

f.2 Exclusion of Liability

Offers of Third-party Providers In Case of Force Majeure LF does not assume any liability for the offers and services of third-party providers nor does LF assume any liability for damages based on circumstances that are beyond LF 's control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider.

f.3 Customer's Liability

All activities for which LF acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer's own risk. LF is not liable for the consequences of any accident. LF expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, etc.). Please note that individual or group travel insurance is not included in the price of the trip and that all medical and other costs involved must be paid by the customer. It is therefore strongly recommended that participants take out personal insurance, especially for active visits.

G. Deadline for the Assertion of Claims

Customers' claims towards LF due to non-fulfilment or fulfilment not in accordance with the contract must be asserted within 30 days after the contractually agreed Tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the Tour guide is not sufficient. Claims received by LF after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline.

H. Data Protection

Customers agree that their data, in particular Customer's name, address, telephone number, nationality are collected by LF for the carrying out of certain Tours according to the contract, such data is not shared with third-party providers. LIVE FOLKS, does not collect financial information of any kind, for that purpose we use Trust My Travel for secure payments. “Wherever you or your customers are based reassure them that their money is always protected with Trust My Travel. As specialists in travel payments we can help ensure that you meet all your financial protection requirements and boost your bookings by offering your customers a secure payment platform with us”.

I. Amendments to these GTC

LF may amend these GTC at any time. Such amendments are legally binding upon notice to the Customer or publication on livefolks.com

K. Severability

In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these GTC becomes evident.

L. Applicable Law and Place of Jurisdiction

Panama law shall apply to the legal relationship between the Customer and LF (with the exclusion of conflict of law rules). For claims against LF, the exclusive jurisdiction of the ordinary courts at the seat of LF is agreed.