Terms and Conditions

The following conditions form the basis of your agreement:

1.0 Applying

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

The expedition price confirmed at the time of booking is fixed and will not normally be increased. In exceptional circumstances, Love The Oceans reserves the right to increase the expedition price after booking only where increases arise directly from:

a) changes in taxes, fees or charges imposed by governments or public authorities;
b) significant changes in exchange rates affecting the cost of delivering the expedition;
c) significant increases in transport costs outside the reasonable control of Love The Oceans.

Any surcharge will be calculated proportionately and supported by reasonable evidence. No surcharge will be applied within 30 days of the expedition start date. If any surcharge exceeds 10% of the total expedition fee, the participant will have the right to cancel their booking within 14 days of notification and receive a full refund of all monies paid to Love The Oceans.

If a pricing error has been made which is obvious and unmistakeable and could reasonably have been recognised as a pricing mistake, Love The Oceans reserves the right to correct the price and offer the participant the opportunity to continue with the booking at the correct price or receive a full refund of all monies paid.

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. We strongly recommend cancellation insurance.

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 expedition participants is not reached, in which case a full refund will be issued.

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 remote region in the global south, 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 expedition in the same calendar 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. Bookings are not transferable between people.

1.7 LEAVING THE EXPEDITION WHEN YOU ARE IN COUNTRY

Love The Oceans will not refund a participant if they leave the expedition 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.

If, in the sole judgment of Love The Oceans senior management, a participant breaches the Programme Rules, Code of Conduct, Dive Policy, Data Sharing Agreement, Sexual-Harassment Policy, or any other safety or behaviour protocol referenced in these Terms & Conditions, Love The Oceans may terminate that participant’s place on the expedition with immediate effect. The participant will be required to leave LTO accommodation and project area (Guinjata, Paindane, Coconut and Massavane villages) within 24 hours of being notified and will be responsible for all costs of onward travel and alternative lodging. No refund of expedition fees, travel costs or other expenses will be made, and Love The Oceans accepts no further duty of care or liability from the moment of dismissal.

1.8 WHAT IS NOT INCLUDED IN YOUR EXPEDITION FEE?

Flights
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 an expedition participant. We will provide the training background necessary, to assist you in meeting the responsibilities of your expedition participant 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 time with us and make the experience as useful as possible when the participant 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 participant but it will remain the participant’s sole exclusive property. Wherever possible the participant will be credited with the work. Whilst the participant’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 participants work except those data/photos/blogs/videos it wishes to save. The participant is to ensure that his/her work is saved safely.

2.3.3 Any data/footage/work collected by the participant whilst part of the Love The Oceans program will remain the property of Love The Oceans even if outside the scope of LTO’s typical projects. The participant must sign a data sharing agreement in order to utilise any data collected whilst on expedition.

3.0 PROGRAM RULES

For a copy of our program rules please click here.

4.0 CODE OF CONDUCT

For a copy of our Code of Conduct please click here

5.0 DIVE POLICY STANDARDS

For a copy of our Dive Policy Standards please click here.

5.1 The participant acknowledges that scuba diving, snorkelling, swimming, boat operations and marine activities involve inherent risks which cannot be completely eliminated, including but not limited to drowning, decompression illness, barotrauma, marine animal encounters, adverse weather, equipment failure, injury, illness and death.

5.2 The participant agrees to comply with all instructions given by Love The Oceans, its instructors, divemasters, boat crew and partner organisations at all times.

5.3 Participation in diving activities is subject to compliance with applicable PADI standards, completion of all required medical declarations and any additional requirements imposed by Love The Oceans or its diving partners.

5.4 Love The Oceans reserves the right to prohibit a participant from diving or participating in water-based activities at any time where it reasonably believes that doing so is necessary for safety reasons.

6.0 SEXUAL HARASSMENT POLICY

For a copy of our Sexual Harassment Policy please click here.

7.0 INSURANCE

Expedition participants 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. Details sent to LTO before departure must include the policy number and phone number in case of emergencies.

8.0 JURISDICTION AND LEGAL ASPECTS

8.1 THIRD PARTY CLAIMS

The participant 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 expedition participant of any representation and warranty made in this agreement.

8.2 PERSONAL LIABILITY

In the event of damage to Love The Oceans’ property in the field, then as long as the participant adhered to all instructions they will not be held personally liable for damage. However, if the participant 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 participant will be held personally liable for damage to or loss of equipment including but not limited to GoPros, SUPs and associated equipment, hydrophone, GPS, Buehler Isomet Low Speed Saw, laptops and cameras.

In addition to the above, the participant agrees to indemnify and hold harmless LTO, its officers and affiliates from any claim arising out of breach of program rules and code of conduct and any wilful or negligent act outside the scope of the organised expedition program.

8.3 INTEGRATION

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.

9.0 DATA HANDLING

9.1 YOUR DATA

Love The Oceans collects and processes personal information in order to administer bookings, deliver expeditions safely, fulfil contractual obligations, comply with legal requirements and protect the health, safety and welfare of participants. The information collected may include, but is not limited to:

1)Contact information;
2) Passport and nationality information;
3) Emergency contact details;
4) Medical and dietary information;
5) Insurance information;
6) Diving qualifications and experience;
7) Travel information relevant to the expedition.

Love The Oceans processes personal information under the following lawful bases:

a) Performance of a contract between the participant and Love The Oceans;
b) Compliance with legal obligations;
c) Protection of the vital interests of participants and others during emergencies;
d) Legitimate interests in safely managing and operating expeditions.

Certain medical information may be reviewed by appropriately qualified medical professionals, diving medical practitioners, insurers, LTO Senior Staff or emergency responders where necessary to assess suitability for activities, manage risk or provide emergency treatment.

Participant information may be shared with trusted third-party suppliers, including accommodation providers, transport providers, dive operators, safari operators, emergency responders and medical professionals where reasonably necessary for the safe delivery of the expedition. Love The Oceans will only share information that is necessary for the relevant purpose and will take reasonable steps to protect personal data.

Love The Oceans may transfer personal data outside the United Kingdom or European Economic Area where necessary for the operation of expeditions in Mozambique and neighbouring countries. Appropriate safeguards will be implemented where required by applicable data protection legislation.

9.2 DATA RETENTION

Love The Oceans will retain personal information only for as long as reasonably necessary for the purposes for which it was collected. Unless a longer retention period is required by law, personal data will generally be retained as follows:

Booking and expedition records: up to 7 years after completion of the expedition;
Financial and accounting records: up to 7 years;
Medical declarations, incident reports and risk-related documentation: up to 7 years;
Application forms, qualifications and participation records: up to 7 years;
Marketing communications records: until consent is withdrawn or the participant unsubscribes.
Performance reviews will be retained indefinitely as these inform future job references for expedition participants.

Where information is no longer required, it will be securely deleted or anonymised.

9.3 OUR DATA

The information provided by Love The Oceans to the expedition participant shall not be passed to any third party without the express approval of Love The Oceans.

By signing these terms and conditions, you are also agreeing to our Data Sharing Agreement, which can be downloaded and read here.

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.

10.0 PHOTOGRAPHY, FILMING AND MEDIA CONSENT

10.1 The participant acknowledges that photographs, video recordings, audio recordings and other media may be captured during the expedition by Love The Oceans, its staff, contractors, partner organisations, media representatives and other participants.

10.2 By participating in the expedition, the participant grants Love The Oceans a worldwide, perpetual, royalty-free licence to use, reproduce, publish, distribute, display, edit and adapt any photographs, video recordings, audio recordings or other media in which they appear for legitimate organisational purposes.

10.3 Such purposes may include, but are not limited to:

a) marketing and promotion;
b) fundraising;
c) educational materials;
d) scientific communication;
e) reports and publications;
f) social media content;
g) websites and digital platforms;
h) press and media coverage;
i) presentations and public outreach activities.

10.4 The participant acknowledges that media may be used without further notice, compensation, inspection or approval.

10.5 Love The Oceans will use reasonable efforts to ensure that participants are represented fairly and respectfully and will not knowingly use media in a defamatory, misleading or offensive manner.

10.6 The participant waives any right to compensation arising from the use of such media and releases Love The Oceans from claims arising solely from the lawful use of media captured during the expedition.

10.7 Participants who would prefer not to appear in photographs, video recordings or other media used for promotional or marketing purposes should notify Love The Oceans as early as possible and, where practical, before the start of the expedition. Love The Oceans will make reasonable efforts to respect such requests. However, participants acknowledge that expedition activities take place in shared environments and it may not always be possible to avoid incidental inclusion in group photographs, video footage or background imagery.

10.8 The participant grants Love The Oceans a non-exclusive, perpetual, worldwide, royalty-free licence to use, reproduce, publish and distribute photographs, videos, written content, testimonials, blogs and other media voluntarily provided to Love The Oceans by the participant for promotional, educational, scientific and organisational purposes.

10.9 Ownership of participant-created photographs, videos and written content shall remain with the participant unless otherwise agreed in writing.

11.0 MEDICAL FITNESS

11.1 The participant warrants that all information provided to Love The Oceans regarding their health, medical history, medications, allergies, physical fitness, swimming ability and diving experience is true, complete and accurate to the best of their knowledge.

11.2 The participant agrees to notify Love The Oceans immediately of any change in their health, medical condition, medication or circumstances which may affect their ability to safely participate in the expedition or any expedition activity.

11.3 Love The Oceans reserves the right to require a participant to provide additional medical information, obtain medical clearance from a suitably qualified medical practitioner, or undergo further assessment before participating in any activity.

11.4 Love The Oceans reserves the right to refuse participation in any activity, including but not limited to scuba diving, snorkelling, boat activities, swimming activities, fieldwork, safari activities or travel, where it reasonably believes participation may pose a risk to the participant or others.

11.5 Any decision made by Love The Oceans, its staff, instructors, guides, medical advisers or expedition leaders regarding a participant’s fitness to participate in an activity shall be final.

12.0 EMERGENCY MEDICAL TREATMENT AND EVACUATION

12.1 In the event of illness, injury or emergency, Love The Oceans may arrange medical treatment, evacuation, transportation or other assistance which it reasonably considers necessary.

12.2 The participant authorises Love The Oceans, its staff, contractors and partner organisations to obtain emergency medical treatment on their behalf where the participant is unable to provide informed consent.

12.3 The participant remains responsible for all costs associated with medical treatment, evacuation, repatriation, accommodation changes, transport changes and related expenses unless such costs are covered by the participant’s insurance policy.

12.4 Love The Oceans accepts no responsibility for costs arising from medical treatment, evacuation, repatriation or curtailment of the expedition except where required by law.

13.0 THIRD PARTY SUPPLIERS

13.1 Certain elements of the expedition may be provided by independent third-party suppliers, including but not limited to dive operators, accommodation providers, transport providers, safari operators, activity providers and guides.

13.2 Love The Oceans exercises reasonable care in selecting and monitoring its suppliers but cannot exercise direct day-to-day control over their operations.

13.3 The participant agrees to comply with all reasonable instructions, rules and safety procedures imposed by such suppliers while participating in their activities.

14.0 COMPLAINTS PROCEDURE

14.1 If a participant experiences any problem during the expedition, they must notify Love The Oceans as soon as reasonably practicable so that an opportunity exists to investigate and resolve the matter. The participant will receive a link for an anonymous complaint form so is able to submit a complaint this way if they do not want to raise it with LTO staff directly.

14.2 Any complaint not resolved during the expedition should be submitted in writing within 28 days of the participant’s return home.

14.3 Failure to notify Love The Oceans of a complaint during the expedition may affect Love The Oceans’ ability to investigate the matter and may be taken into account when considering any subsequent claim.

15.0 LIMITATION OF LIABILITY

15.1 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability which cannot be excluded under applicable law.

15.2 Subject to clause 15.1, Love The Oceans shall not be liable for any indirect, consequential or economic loss arising out of or in connection with the expedition.

15.3 Subject to clause 15.1, Love The Oceans’ total liability arising from the expedition, whether in contract, tort, negligence or otherwise, shall not exceed the total expedition fee paid by the participant.

16.0 FORCE MAJEURE

16.1 Love The Oceans shall not be liable for any delay, cancellation, alteration, curtailment, loss or damage arising from events beyond its reasonable control.

16.2 Such events include, but are not limited to, war, terrorism, civil unrest, riots, strikes, industrial disputes, epidemics, pandemics, government action, travel restrictions, border closures, natural disasters, cyclones, flooding, wildfire, adverse weather conditions, acts of God, transport disruption, technical failures and any other extraordinary circumstances beyond the reasonable control of Love The Oceans.

16.3 In such circumstances Love The Oceans may alter, postpone, curtail or cancel part or all of the expedition and shall not be liable for losses arising directly from those circumstances.

17.0 THE PARTICIPANT

17.1 The participant represents and warrants to Love The Oceans that they are aged 18 years or older at the time of signing and free to enter into this agreement and that their performance hereunder will not conflict with any other agreement to which they may be party. The participant 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 participant, their legal representatives, and their assigns.

17.2 The participant acknowledges that the expedition takes place in remote areas of Mozambique and, in some cases, neighbouring countries, where infrastructure, communications, transport and medical facilities may differ significantly from those available in the participant’s home country.

17.3 The participant acknowledges that delays may occur in relation to emergency response, medical treatment, evacuation, transportation and communication.

17.4 The participant accepts the inherent characteristics and limitations associated with travel to and participation in activities within remote locations.

17.5 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 role to the best of your ability
c) To adhere to the organisation’s rules, procedures, policies and standards, including health and safety procedures, risk assessments, expedition rules and code of conducts, and sexual harassment policy
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 expedition rules and policies 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 expedition 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. Breach of any policy or clause referenced in these Terms and Conditions may result in immediate removal from the expedition.