TERMS AND CONDITIONS
The following conditions form the basis of your agreement:
1.1 APPLYING, PAYING YOUR DEPOSIT AND FINAL BALANCE
A deposit (amount specified in acceptance email) per person must be paid within two weeks of your acceptance onto a Love The Oceans program. Your final balance is due no later than 1 month before your departure date – if you need to come early to complete your dive qualifications please leave time for this. If you are booking within 6 weeks of your intended departure then we require full payment within two weeks of being accepted onto the program. Should we be unable to process your application for any reason then your deposit will be returned to you.
All correspondence shall be sent to you at either the email address you provided at the beginning of your application or the one you have put on your application form. In the event of an alteration or cancellation of a confirmed booking by you, conditions in section 1.3 will apply. Payment of your deposit confirms you comply with these application conditions.
1.2 THE PRICE OF YOUR EXPEDITION AND SURCHARGES
While we reserve the right to amend prices upwards or downwards at any time, it is our policy to offer expeditions at a clear and firm price. However, the factors which may force us to surcharge you are government action or changes to the cost of currency.
1.3 IF YOU NEED TO CANCEL YOUR BOOKING
Should you have to cancel your booking we ask that you advise us promptly by email. The cancellation will take effect from the day the written confirmation is received. If you cancel your booking more than 30 days before departure, you will not receive your deposit back but will receive any other funds transferred to Love The Oceans, minus bank transaction fees and any surcharges resulting from currency change.
If you cancel your booking less than 30 days before the program start date, you will not be refunded for any of the expedition.
1.4 IF LOVE THE OCEANS CANCELS YOUR BOOKING
In the unlikely event of Love The Oceans cancelling your booking, we will try and provide a suitable alternative or offer you a full refund (including deposit return). We undertake not to cancel an expedition unless in exceptional circumstances such as war, riots, civil strife, industrial action so severe that alternative transport cannot be provided, terrorist activity, natural and nuclear disaster, fire, adverse weather conditions, technical problems and similar unforeseeable circumstances. Love The Oceans reserves the right to cancel an expedition if the minimum number of volunteers is not reached, in which case a full refund will be issued.
Love The Oceans is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations 1992” all passengers booking with Love The Oceans are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Love The Oceans. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at email@example.com . Please ensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
1.5 IF LOVE THE OCEANS CHANGES YOUR BOOKING
We undertake not to make significant changes to your booking. However, since this is a field research project operating in a third world country, from time to time certain aspects will change between the planning stages and the project delivery. These can include (but are not limited to) details of accommodation, survey methods, transportation between sites and safari itinerary. We will inform you of any significant changes and will provide a suitable alternative to the original plan. Such changes will not constitute a being offered a refund when a suitable alternative is made available.
1.6 IF YOU WANT TO TRANSFER YOUR BOOKING
If you want to transfer your application to another Love The Oceans program or the following year, you can do this free of charge, capacity allowing, but please inform us immediately. If the project is longer or more expensive, you will be invoiced for the difference in price. If the project is shorter your final invoice will be adjusted accordingly. You may not change your program less than 30 days before your original program start date. Any extra costs such as flight changes will be at your own account.
If you want to transfer your booking to another person who does not hold a booking with Love The Oceans, that person will need to apply, and if they meet the criteria of the program and are accepted, your booking can be credited to their account.
1.7 IF YOU WOULD LIKE TO LEAVE THE PROGRAM WHEN YOU ARE IN COUNTRY
Love The Oceans will not refund a volunteer if they leave the program without finishing it. If there is a dispute, and the parties cannot come to an agreement, then there will be an option to use an independent arbitrator that the parties shall agree to appoint together to decide whether a refund is warranted.
1.8 WHAT IS NOT INCLUDED IN YOUR EXPEDITION FEE?
- Visa expenses and insurance
- Vaccination or malaria medication costs
- Optional extra activities
- Extra food or treats
2.0 WE COMMIT TO THE FOLLOWING:
2.1 INDUCTION AND TRAINING
To provide a thorough induction on the work of Love The Oceans, it’s staff and your role as a volunteer. We will provide the training background necessary, further to your degree, to assist you in meeting the responsibilities of your volunteering role.
2.2 SUPERVISION, SUPPORT AND RESPONSIBILITIES
2.2.1 Love the Oceans will attempt to cater for individual requirements and preferences where this is possible
2.2.2 We will provide you with guidance and tuition to maximise the impact of your volunteering and make the experience as useful as possible whereas the volunteer is willing and able to learn and develop conservation skills in accordance with the terms of this agreement
2.3 OWNERSHIP RIGHTS
2.3.1 Love The Oceans will receive full usage rights of photos or writing made by the volunteer but it will remain the volunteer’s sole exclusive property. Wherever possible the volunteer will be credited with the work. Whilst the volunteer’s media remains their own, Love The Oceans may wish to share them on social media to help promote the organisation or our activities.
2.3.2 Love The Oceans will not save any of the volunteer’s work except those data/photos/blogs/videos it wishes to save. The student is to ensure that his/her work is saved safely.
3.0 PROGRAM RULES
4.0 CODE OF CONDUCT
5.0 DIVE POLICY STANDARDS
Volunteers are required to secure their own travel, diving and medical insurance before the expedition. A copy of these must be sent to Love The Oceans via email before your departure. Please ensure you insurance covers the event of cancellation, the curtailment of your expedition due to your ill-health, flight and travel delays, loss of personal baggage or theft of possessions etc.
7.0 JURISDUCTION AND LEGAL ASPECTS
7.1 THIRD PARTY CLAIMS
The volunteer agrees to hold Love The Oceans and it’s agents harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Love The Oceans based on a breach by the volunteer of any representation and warranty made in this agreement.
7.2 PERSONAL LIABILITY
In the event of damage to Love The Oceans’ property in the field, then as long as the volunteer adhered to all instructions they will not be held personally liable for damage. However, if the student has not adhered to the taught protocols or deviated from them in any way whatsoever and that this was the likely cause of damage occurring, then the volunteer will be held personally liable for damage to or loss of equipment including but not limited to GoPros, Buehler Isomet Low Speed Saw, laptops and cameras.
This agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this agreement.
8.0 DATA HANDLING
8.1 YOUR DATA
If you volunteer, intern or work with us in any capacity in Mozambique, we will collect data from you via email. This is done so to ensure you have a safe and enjoyable expedition with us, and our expedition preparations meet your needs and requirements. It includes, but is not limited to, contact information, passport details, and medical history. The information is available to Love The Oceans staff members, our in-country partner organisations and our expedition Financial Failure insurers Towergate Underwriting Group Limited. Where relevant your medical information may also be reviewed by external medical experts solely for the purpose of ascertaining your suitability to participate in various parts of the expedition, such as scuba-diving.
A hard copy of your details will be made and stored on site for the duration of your visit with your permission. This is part of our health and safety protocol to ensure your safety in the case of an incident (your insurance details, nationality, medical history etc. need to be easily available to ensure rapid response and emergency treatment). At the end of your time with us in country, the hard copy of your details will be destroyed and any electronic copies held by anyone will be destroyed with the exception of your application form, CV, picture and any medical report forms as well as your performance review which will be held on one computer, password protected. These are held to ensure we have a medical record of your time in Mozambique in case something happens or develops once you have arrived home. It also enables us to write you a job reference if so required after your time with us as we can refer back to your records to refresh our memory.
By agreeing to these expedition Terms and Conditions you are agreeing to let us use your data as described above and for us to have a hard copy in Mozambique for emergency incidents.
8.2 OUR DATA
The information provided by Love The Oceans to the student shall not be passed to any third party without the express approval of Love The Oceans.
If you would like to use any of our data for a project or another purpose, you will need to sign a separate Data Sharing Agreement. This is available on request.
If you are collecting data outside out normal methodologies while with Love The Oceans, for use in a project, your dissertation or otherwise, this data will remain the property of Love The Oceans and the use of the data shall be subject to the same rules and regulations as our standard data sets.
9.0 MODEL RELEASE
9.1 In consideration of the Volunteer’s engagement as a model, and for other good and valuable consideration herein acknowledged as received, the Volunteer hereby grants the following rights and permissions to Love The Oceans and their partners (“Photographers”), their legal representatives, and assigns, those for whom the Photographers are acting, and those acting with their authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of the Volunteer in which he/she may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with the Volunteer’s own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium at their studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
9.2 The Volunteer specifically consents to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The Volunteer also consents to the use of any published matter in conjunction with such photographs. The Volunteer hereby waives any rights that he/she may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. The Volunteer hereby releases, discharges, and agrees to hold harmless the Photographers, their legal representatives, and assigns, and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
10.0 THE VOLUNTEER
10.1 The volunteer represents and warrants to Love The Oceans that he/she is a major (18 years or older) and free to enter into this agreement and that his/her performance hereunder will not conflict with any other agreement to which he/she may be party. The volunteer has read the above authorisation, release and agreement, prior to its execution, and is fully familiar with the contents of this agreement. This document shall be binding upon the Volunteer, their legal representatives, and their assigns.
10.2 Signing of this agreement means you agree to the following:
a) To help Love The Oceans fulfil its marine conservation aims
b) To perform your volunteering role to the best of your ability
c) To adhere to the organisation’s rules, procedures and standards, including health and safety procedures and risk assessments
d) To maintain confidential information of the organisation and its clients
e) To meet the time commitments and standards undertaken and, other than in exceptional circumstances, provide reasonable notice so that an alternative arrangement can be made
f) To behave in a responsible manner at all times: failure to do so could result in ejection from the program
g) You accept that the program rules have not been set arbitrarily and exist for good reason. You accept they are reasonable and will abide by the rules in this agreement. Failure to comply could result in disciplinary action, ejection from the program or banning from activity participation, especially if it is important for everyone’s safety. The final decision on this matter will rest with Love The Oceans’ Board of Directors.
Please note that when you have read the conditions above, filled in the following boxes and submitted these terms and conditions, you enter into an agreement which will be governed and interpreted in accordance with the law of England and Wales.
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Love The Oceans Conservation charity number 1184402
Registered in England and Wales