General Terms & Conditions of Service

Updated: 1 March 2025

PT. No Fear Diving Bali is a company, registered in Indonesia under the number 86.539.216.1-907.000, whose registered office is located at Banjar Dinas, Desa Purwakerti, Desa/Kelurahan Purwa Kerthi, Kec. Abang, Kab. Karangasem, Bali, 80852, Indonesia (hereinafter, "No Fear Diving").

No Fear Diving operates the https://nofeardiving.com/, https://amed-ku.com/, https://atlbali.com/ and websites for scuba diving activity bookings, hotel reservations, and other complementary services (hereinafter, the "Websites").

Contact us at: +62 823 42138069.

1. PREAMBLE

These General Terms & Conditions of Service (hereinafter, the "General Terms & Conditions of Service") are intended to define the terms and conditions under which No Fear Diving and its affiliated companies, including PT. Amed'ku Villas and PT. ATL Property Developments, allows its customers (hereinafter, the "Customer(s)") to benefit from all of the services, particularly reservation services, that are available on this Site and are further described below (hereinafter, collectively, the "Services").

Prior to reserving any Service on the Site, the Customer declares (i) that said Customer is acting for his/her own personal purposes that are not part of said Customer's commercial, industrial, artisanal, independent or agricultural activity and (ii) the Customer has the full legal capacity to accept these current General Terms & Conditions of Service.

The Customer is invited to carefully read these General Terms & Conditions of Service, whose prior acceptance is mandatory for the reservation of any Service offered on the Site. Customers are advised to save and print these General Terms & Conditions of Service using the standard functionalities of their browser and computer. The Customer must also consult the Special Conditions which are included in the price list, and which are specific to each Establishment.

No Fear Diving reserves the right to modify or supplement, at any time, all or part of these General Terms & Conditions of Service. In this case, the new version of the General Terms & Conditions of Service will be available on the Site with the effective date. Customers are advised to regularly consult the General Terms & Conditions of Service to be aware of any changes. In any case, the Customer will only be bound by the version of the General Terms & Conditions of Service in force at the time that the Customer makes the reservation of his/her Service.

The Customer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.

2. DESCRIPTION OF THE SERVICES

2.1 NO FEAR DIVING SERVICES

No Fear Diving offers (i) reservation services for hotel rooms or other types of accommodation ("Accommodation Services") (2.1.1) and (ii) services complementary to such Services ("Complementary Services") on its Site (2.1.2).

Accommodation Services and Complementary Services are hereinafter jointly referred to as the "No Fear Diving Services".

2.1.1 ACCOMMODATION SERVICES

The Site allows the reservation of rooms in hotels or other types of accommodation operated under the No Fear Diving and Amed’ku Villas brands (hereinafter collectively referred to as the "Establishments").

The essential characteristics, availability dates, price, options offered, payment conditions and particular conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the offered Establishments are presented during the reservation process as described in Article 3 below.

In this respect, it is noted that each Establishment has its own special terms and conditions applicable to the selected rate also available on the Site (hereinafter, the "Special Conditions") which are brought to the attention of the Customer prior to any reservation on the Site. For example, check-in and check-out times, guarantee policy, cancellation period, Wi-Fi access, specific conditions applicable to children, and whether animals are allowed on a leash or in a cage in the common areas of the Establishment (for hygiene reasons, animals are never allowed in the dining rooms) may be detailed in the Special Conditions.

In accordance with the regulations in force in certain countries, the Customer may be asked to complete a police form on arrival at the Establishment. To do so, the Customer must present an ID document to enable the Establishment to check whether a police form must be completed by the Customer.

Customers who have opted for the online check-in service declare that they authorize No Fear Diving and/or the Establishment to pre-complete the police form with the information given to them at the time of booking.

On arrival at the Establishment, the Customer must sign the police form after checking the accuracy of the information that has been pre-completed and after modifying it if necessary.

If the Customer refuses to complete or sign the police form, he/she acknowledges that he/she has been informed that the Establishment is entitled to refuse to make the reserved room available to him/her.

2.1.2 COMPLEMENTARY SERVICES

The Site also allows the reservation of Complementary Services, such as breakfast, a bottle of champagne on the Customer's arrival or the upgrade of Accommodation Services, an activity (defined as a service offered by an Establishment, which may be a dive, lesson, or any other activity offered in the catalogue of the Establishment and subject to the Special Conditions defined by the Establishment).

Complementary Services also include travel services within the meaning of Article 3.1 of Directive (EU) 2015/2302 of 25 November 2015 on Package Travel and Linked Travel Arrangements, which, with the Accommodation Services, may form either a "related travel benefit" or a "tourist package" according to the criteria mentioned in the aforementioned directive. This information is communicated to the Customer prior to the reservation of these services in the Specific Conditions pertaining to each offer. More information about the traveler’s rights in these circumstances can be found on the following website: https://nofeardiving.com/

Within the meaning of the Directive, the booking of a combination of travel services such as accommodation, transport, car hire and other tourist services (tours, excursions, experiences, etc.) is likely to constitute tied travel services or a tourist package.

For example:

Tied travel services include the booking of a car rental proposed within 24 hours of a reservation of an Accommodation Service.

A tourist package includes the booking of an Accommodation Service combined with an activity; or the booking of an Accommodation Service combined with a visit to a vineyard of a value of at least 25% of the Accommodation Service.

2.2 PARTNER SERVICES

No Fear Diving enters into partnership and distribution agreements with the websites of third parties (hereinafter, the "Partners") in order to allow the Customer to search for, select and reserve rooms in the Establishments of the different brands distributed by No Fear Diving on the website of the Partner (hereinafter, the "Partner Services").

The terms and conditions of sale applicable to these Partner Services are available on the Partner's website.

3. RESERVATION PROCESS

The Customer chooses any Service presented on the Websites or those of its Partners by following the process provided for this purpose.

3.1 RESERVATION OF NO FEAR DIVING SERVICES

No Fear Diving Service reservations are made by the Customer on the Site.

The reservation process varies according to the Customer path and request; it includes the following steps for the reservation of stays with one or more Complementary Service(s):

  • Step 1: the input of search criteria for a destination, Establishment and, where appropriate, one or more Complementary Services;

  • Step 2: the results and selection of an Establishment and, if applicable, one or more Complementary Services;

  • Step 3: the details and characteristics of the Service(s) selected, especially if it is an Accommodation Service: the characteristics of the Accommodation (type of room, size of the room, TV, minibar, etc.), length of stay, options offered (for example: breakfast, Wi-Fi access, etc.), the total price of the reservation including details of the applicable taxes, the legal information form in the case of a related travel service or tour package, and any applicable Special Conditions (guarantee policies, cancellation policy, check-in time, etc.);

  • Step 4: the summary of the Service reservation with:

    • (i) a statement of the main features (length of stay, features of the Accommodation Service and/or the Complementary Service(s), amount inclusive of applicable taxes) and,

    • (ii) indication by the Customer of his/her contact information: either through identification by means of an existing account, or by filling in all of the mandatory fields (indicated by an asterisk) with the possibility of saving this information by creating a membership account on the Site or membership of the loyalty program offered by No Fear Diving;

  • Step 5: the completion of the Service reservation by the Customer with:

    • (i) an indication of his/her payment information, either in the event of the partial or total pre-payment of the reservation prior to the stay, or in the event of a request for a reservation guarantee for the Accommodation Service and:

    • (ii) the review and acceptance of the General Terms & Conditions of Service and the Special Conditions relating to the reservation prior to validation by the Customer;

  • Step 6: the acceptance of the reservation of the Service(s) by No Fear Diving and the Establishment concerned;

  • Step 7: an email confirming the reservation of the Service(s) is sent to the Customer summarizing the Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to the after-sales service and access to the General Terms & Conditions of Service and the address of the Establishment at which the Customer can submit any complaints.

All reservations are considered made as soon as the Customer clicks on the "finalize your reservation" page (i) in the case of a prepaid reservation, on the "Pay" button or (ii) in the case of a reservation to be paid for within the Establishment, on the "Confirm" button.

The Customer may make a reservation for No Fear Diving Services on behalf of one or more additional person(s) up to a maximum of 7 (seven) rooms, except as provided for in the Special Conditions of each Establishment. Beyond this number, the reservation made by the Customer will be subject to the conditions applicable to groups, available at the Websites. For reservations concerning business groups, meetings, seminars, etc., email us at corporate.reservations@nofeardiving.com

To make a reservation of an activity on the Websites, the process consists of the following steps:

  • Step 1: Entering search criteria for a destination, an Establishment and an activity;

  • Step 2: the results and selection of an Establishment and, if applicable, of a complementary service;

  • Step 3: the details and characteristics of the Service(s) selected, in particular if it is an activity: the characteristics of the service, the total price of the reservation including details of applicable taxes, and all applicable Special Conditions (guarantee policies, cancellation policy, check-in time, etc.);

  • Step 4: the summary of the reservation of the activity(ies) with: (i) a reminder of its main characteristics and (ii) the Customer’s contact details: either by logging in to an existing account or by filling in all the mandatory fields (indicated by an asterisk) with the possibility of saving this information by creating an account as a member of the Site or as a member of the loyalty program offered by No Fear Diving;

  • Step 5: Completion of the reservation of the activity(ies) by the Customer with: in the event of a request for pre-payment of the total amount of the reservation before the activity, (i) the provision of the payment details and then, (ii) before validation of the reservation, consultation and acceptance by the Customer of the General Terms & Conditions of Service.

  • Step 6: the booking of the Service(s) is taken into account by No Fear Diving and the Establishment concerned;

  • Step 7: an e-mail confirming the booking of the Service(s) is sent to the Customer summarizing the Service(s) booked, the price(s), the Special Conditions accepted by the Customer, the date of the booking and access to the General Terms & Conditions of Service (including information relating to after-sales service), as well as the address of the Establishment to which the Customer may submit any complaints.

Any reservation is deemed to have been made as soon as the Customer clicks on the "Finalize your reservation" page in the case of a prepaid reservation, on the "Pay" button.

The Customer may make a reservation for an activity in the name of one or more other person(s), subject to a limit of one activity per reservation.

3.2 RESERVATION OF PARTNER SERVICES

Reservations made by the Customer through Partner Services are made through the website and mobile services of each Partner.

The reservation is made directly between the Customer and the Partners, following the steps provided in the website and mobile services of the Partners.

4. PRICE AND PAYMENT

4.1 PRICE

The prices related to the reservation of the Services are indicated before, during and after the reservation.

For Accommodation Services, the prices shown are per room for the number of people and date selected, except as provided for in the Special Conditions of each Establishment.

When confirming the reservation of a Service, the total price is indicated to the Customer in the amount with taxes included in the business currency of the Establishment (which in some cases may be different from the local currency of the Establishment) and is valid only for the period indicated on the Site.

If the payment of the total price of the booked Service is made at the Establishment in a currency other than that confirmed on the reservation, the currency exchange costs are the responsibility of the Customer. Note that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given only for informational purposes and is not contractual, especially given the possible change of exchange rates between the reservation date and the dates of stay at the Establishment. Based on the total price in euros, the latter is converted in accordance with the exchange rate of the day.

Unless otherwise stated on the Site, the options (for example, breakfast, half-board, full-board etc.) that are not offered during the reservation of the Service are not included in the price.

The tourist tax, presented during the reservation process of the Service, is to be paid directly on location at the Establishment, except in the event of online pre-payment prior to the stay, where the amount can be included.

The prices take account of the VAT applicable on the day of the reservation and any change of the applicable VAT rate will be automatically reflected in the price indicated on the billing date.

Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will automatically be reflected in the price indicated on the billing date, except in relation a Customer that is a resident of Australia or in connection with the conduct of Services in Australia.

Finally, some promotional offers are available only on the Site and sold exclusively on the internet, and in no case are available at the reception of the Establishment.

In general, the prices displayed on the Site are determined through a practice of yield management. They may vary according to the reservation period (advance reservation or close to the date of stay), the dates of stay sought (weekdays/weekends, season, school holidays, public holidays, events, etc.), according to the size of the expected demand or other factors such as the geopolitical, climatic or economic context.

In the event of promotional offers, the promotions displayed apply to the standard rate of the day offered by the Establishment and which would have been applicable in the absence of the promotion.

4.2 BEST PRICE GUARANTEE

If the Customer should find a lower price elsewhere within 24 hours of booking on the Site and no later than 48 hours before the planned date of arrival at the Establishment, No Fear Diving and/or the Establishment(s) undertake to match the lowest rate. The conditions of eligibility for this offer and the procedure to be followed in order to benefit from it are described in the "Best Price Guarantee" general conditions. It is not applicable to the booking of activities alone.

4.3 PAYMENT

4.3.1. General provisions

The Customer provides his/her payment information (i) to pre-pay the reservation before the stay, (ii) as a guarantee of the reservation, or (iii) as a result of the online check-out procedure proposed as part of the Welcome Service as described in paragraph 4.3 below, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity (it is noted that the bank card used must be valid at the time of stay) and the security code as part of a pre-payment on the payment platforms mentioned below.

No Fear Diving has chosen Xendit and Wise to secure online payments by bank card. The credit card of the Customer is examined for its validity by these partners and can be refused for several reasons: card stolen or blocked, limit reached, input error, etc. In the event of any problem, the Customer will have to approach his/her bank and the Establishment or any other entity to confirm his/her reservation of the Service and payment method.

The online payment methods (cards, wallet, etc.) available and mentioned on the payment page of the Websites may be Visa and Mastercard, American Express, JCC, Diners, China UnionPay, Xendit, Wise, Post Finance, ELO, Bancontact, Sofort, iDeal, Przelewy24, PayPal, Alipay, WeChat, ShareGroop, and Banque Casino cards. This list is subject to change.

In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the Customer must present the credit card to the Establishment that they used to guarantee the reservation or make the pre-payment. The Establishment may also ask the Customer to present an identification document for the purpose of credit card fraud prevention.

If the Customer has not pre-paid for his/her stay online, the Establishment may, upon arrival, ask the Customer for a deposit or an authorization to debit the credit card to guarantee payment of the sums corresponding to the services consumed on-site.

An invoice will be sent in electronic format to the e-mail address communicated by the Customer at the time of his/her reservation; if the Customer wishes to receive an invoice in paper format, he/she must expressly request this from the Establishment concerned.

4.3.2. Prepayment

Prepayment means any payment made at the time of booking by the Customer. Once the pre-payment has been made, the Customer will receive an email confirming the booking.

The amount charged at the time of booking the Service includes the total amount indicated (including all applicable taxes, with the exception of tourist taxes for unclassified Establishments) and, if applicable, the price of the options selected by the Customer, as described in Article 4.1 above.

The debit of the amount of the booking may take some time to process. If after the processing time the amount of the booking has not been debited, the booking will be cancelled.

4.3.3 Credit card guarantee

The guarantee of the reservation by credit card means that the Customer's payment details are taken at the time of the reservation. The Customer's credit card is not debited and payment for the stay is made directly to the Establishment on the day of arrival or departure, depending on the Establishment, unless the Customer does not show up at the Establishment and has not previously cancelled the reservation in accordance with the cancellation conditions of the reserved rate.

4.3.4 Pre-authorization

It is up to each Establishment to define the rules relating to pre-authorization.

If the Customer has not prepaid his or her stay online, the Establishment may, on the day of the Customer's arrival, request an authorization (also called "pre-authorization") from the Customer's bank for the credit card, which may be up to the amount of the reservation and a fixed amount to cover any consumables or expenses incurred by the Customer on the premises (breakfast if it is not included in the rate, restaurant, bar, tourist tax if applicable, etc.) This fixed amount is determined by the Establishment according to the number of persons and the number of nights booked.

Example: 2 nights at 130 euros + 40 euros estimated for extras = authorization request of 300 euros.

The pre-authorization request is not an immediate debit but corresponds to a later payment reserve, authorized by the Customer's bank, which temporarily reduces the limit of the credit card used to guarantee the possibility of a later debit. In some cases, depending on the Customer's bank, the pre-authorization request may appear as a pending debit on the bank account associated with the card used.

When the pre-authorization request has been activated and confirmed by the bank either:

the Customer presents himself to the Establishment, the payment of the entire stay is made directly to the Establishment on the day of arrival or departure, depending on the Establishment, which then proceeds to request the release of the pre-authorization request from the Customer's bank. Any consumption or expenses incurred by the Customer on the spot must be paid by the Customer on the day of check-out to the Establishment;

the Customer does not come to the Establishment on the first day of the booking, the Establishment will then send a debit request to the Customer's bank.

In rare cases, the pre-authorization request may result in a debit by the Customer's bank before the actual debit is made. In this case, the debit will not be made twice. The balance, if in favor of the Customer, will be automatically re-credited by the bank to the Customer.

If the reservation is cancelled after the pre-authorization request has been activated in accordance with the cancellation conditions of the reserved fare, a request for cancellation of the pre-authorization request is automatically sent to the bank of the cardholder used. In rare cases, this cancellation may appear as a refund.

Please note that it usually takes twenty-four (24) to forty-eight (48) hours to process the release of the pre-authorized amount (or refund), but it can take up to seven (7) business days or more, depending on the cardholder's bank.

To activate a pre-authorization request, the Customer is asked to provide his or her credit card information as part of the reservation guarantee. The Customer is informed in advance of the characteristics of the pre-authorization request. The credit card details are only kept by No Fear Diving's payment service provider, in accordance with a strict policy of bank data security.

In case of pre-authorization, the Customer can take advantage of the fast check-out service, which enables them to receive their bill by e-mail and simply drop off its keys at the end of its stay.

4.3.5 Customer's failure to show up

Except as provided for in the Special Conditions of each Establishment, in the event of the Customer's failure to show up on the first day of his/her reservation of an Accommodation Service ("no show"), the Customer's reservation will be cancelled in full and:

In the event that the no-show reservation is a non-cancellable and/or non-exchangeable and/or non-refundable reservation, the Establishment shall retain the total amount paid by the Customer upon reservation.

If the reservation that is the subject of a no-show is a cancellation and/or exchangeable and/or refundable reservation guaranteed by credit card, the Establishment will charge the credit card provided at the time of the reservation for the amount including tax of the first night reserved. Additional nights (beyond the first night) will be cancelled without charge.

The Customer is informed that in such a case, the Establishment will put its rooms back on sale. The Customer will not be entitled to any refund or compensation.

At the time of prepayment of a non-cancellable/non-exchangeable/non-refundable reservation, the amount of the deposit that is charged includes the total amount indicated at the time of the reservation and, if applicable, the price of the options selected by the Customer, as described in Article 4.1 above.

4.4 ONLINE CHECK-IN

To use the Online Check-in Service, the Customer must fully comply with the provisions of this article.

To facilitate and accelerate the arrival and/or departure of the Customer from the Establishment, No Fear Diving has set up the Online Check-in Service, a procedure to digitize and anticipate the check-in process, provided that his/her reservation is eligible for this service.

The Customer will receive, 48 hours before the scheduled date of arrival at the Establishment, an invitation from the Establishment to take benefit from this Online Check-in Service.

5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION

Except as provided for in the Special Conditions of each Establishment, for Accommodation Services (the reservation of rooms at an Establishment or other types of accommodation).

For each reservation of a Service, the Special Conditions specify the conditions to cancel and/or modify the reservation.

Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed.

This is noted in the Special Conditions.

When the Special Conditions allow:

  • the cancellation of the reservation of a Service can be made directly on the Site in the "Consult or cancel your reservation" section;

  • the modification of the reservation of a Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.

In the event of an interruption of a Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.

In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the room of the Establishment before the time indicated by the Establishment, generally 12 noon on the last day of the reservation. Otherwise, the Customer will be charged for an additional night.

6. OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER

The Customer is solely responsible for his/her choice of Services on the Site and their suitability for his/her needs, so that No Fear Diving cannot be pursued for liability in this regard.

The Customer is also solely responsible for the information provided when creating his/her account and/or any reservation of a Service. No Fear Diving cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for the use of his/her account and any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform No Fear Diving of any hacking or fraudulent use of their email address by contacting its customer service department, whose details are provided in Article 9.

The Customer agrees to use the Site and the Services offered therein in compliance with the applicable regulations and these General Terms & Conditions of Service. In the event of a breach of the Customer's obligations under these General Terms & Conditions of Service, the Customer is liable for damages caused by him/her to No Fear Diving or third parties. In this regard, except in relation a Customer that is a resident of Australia or in connection with the conduct of Services in Australia, the Customer commits to guaranteeing No Fear Diving against all claims, actions or recourse of any kind that may arise and to compensate for any damages, fees or any compensation related thereto.

The Customer, in particular, commits to making a final reservation of a Service, pay the price thereof and comply with the Special Conditions relating thereto. In fact:

  • Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the expense of the Customer, without prejudice to any action that No Fear Diving may bring against such a Customer;

  • The Customer shall not invite into the Establishment any person whose behavior is likely to be disruptive to the Establishment and/or to the stay of other Customers ;

  • The Customer shall not bring into the Establishment (communal areas and/or bedrooms) beverages or food from outside sources, unless clearly permitted in advance by the Establishment in question;

  • The Customer shall not smoke in public premises and should only smoke in bedrooms if they have been classified as a smoking room and booked in advance as such a room. Some Establishments are 100% non-smoking, which means that smoking in the bedrooms is also forbidden;

  • The Customer shall not disrupt or interfere with the operations of the Establishment including its staff shall not compromise the safety of the Establishment or the persons within;

  • More broadly, any behavior contrary to good morals and public order at the Establishment, as well as any violation of the Internal Regulations of the Establishment will cause the Director of the Establishment and/or any other service provider to ask the Customer to leave the premises without any compensation and/or refund if a payment has already been made. In the case where no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises;

  • Any minor must be accompanied by an adult and be in possession of a personal identity document; this adult may be any person with parental consent (the Establishment may be able to request proof of this parental consent);

The Customer also undertakes to ensure that the computer resources made available by the Establishment (including the WiFi network) are not used in any way to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as text, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the right holders provided for in Books I and II of the Intellectual Property Code when such authorization is required. The Customer is also required to comply with the security policy of the internet access provider of the Establishment, including the guidelines for the security measures implemented to prevent the illicit use of resources and to refrain from any act undermining the effectiveness of such measures.

The Customer will be liable for all damage caused by him and/or his guests within the Establishment and shall bear all costs arising from such damage and/or failure to comply with the above rules. No Fear Diving reserves the right to intervene if necessary and to take any appropriate action against the Customer.

7. OBLIGATIONS AND RESPONSIBILITY OF NO FEAR DIVING

No Fear Diving undertakes, within an obligation of means, to provide access to the Site and the Services offered in accordance with the General Terms & Conditions of Service, to act with diligence and competence, and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.

No Fear Diving may, however, be forced to temporarily suspend the Site without notice, especially for technical reasons involving maintenance, without incurring liability.

The Customer acknowledges and accepts that No Fear Diving's liability does not extend to any inconvenience or damage arising from the use of the internet network, including, but not limited to:

  • the poor transmission and/or reception of any data and/or information over the internet;

  • the failure of any reception equipment or lines of communication;

  • any malfunction of the internet network that prevents the Site from operating properly and/or reserving the Services.

The Site may redirect users to web links of other websites that are published and managed by third parties for which No Fear Diving disclaims any liability for the content of such websites and the services offered therein. In this respect, it is specifically noted that partners are responsible for the promotion of the offers published on their own websites. The decision to consult third-party websites is therefore the full and complete responsibility of the Customer.

The Establishments are operated by legal entities separate from No Fear Diving.

No Fear Diving and the Establishments are bound by a contract under which No Fear Diving provides hotel know-how, brands and various services including distribution, sales, marketing and loyalty services. Since No Fear Diving is an agent of the Establishment, the Customer may not hold No Fear Diving or any company in the No Fear Diving group liable for any shortcomings attributable to the Establishment. Information about the Establishment is available (i) in the booking confirmation e-mail and (ii) on the Establishment's profile on the Site.

8. FORCE MAJEURE AND RELOCATION

Neither of the Parties can be held liable to the other party in the event of the non-fulfillment of its obligations resulting from a force majeure event. It is expressly agreed that a force majeure event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom. The events that are considered as force majeure are those generally recognized by the jurisprudence of the French Court of Cassation. If a force majeure event lasts more than thirty (30) days after its occurrence, these General Terms & Conditions of Service may be terminated by any of the Parties without any of them being able to claim damages.

In the case of a force majeure event, an exceptional event or impossibility to carry out the Service and, in particular, making the room of the Establishment available to the Customer, the Establishment may reserve the option of providing accommodation to the Customer, in whole or in part, at an Establishment in the equivalent category or perform a Service of the same nature, subject to the prior agreement of the Customer. The reasonable expenses relating to the transfer (additional cost of the rooms, transportation and a phone call) between the two Establishment shall be payable by the concerned Establishment in accordance with the existing standard procedure of the said Establishment.

9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS

Customer Service is at your disposal to address any claim relating to a Service on the Site.

You may write to us at:

No Fear Diving
Banjar Dinas, Desa Purwakerti, Desa/Kelurahan Purwa Kerthi, Kec. Abang, Kab. Karangasem, Bali, 80852, Indonesia

To facilitate the processing of complaints, it is advisable to send the complaints in writing to the Customer Service Department concerning the non-performance or poor performance of the Services within eight (8) days after the date of completion of the Service.

In its relations with the customer service department, the Customer undertakes to remain courteous and not to make any derogatory comments, in particular with regards to No Fear Diving, the Establishments, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. No Fear Diving reserves the right to take all appropriate measures against the Customer in the event of prejudicial or reprehensible behavior (in particular unfortunate, malicious or insulting behavior) with regards to No Fear Diving, the Establishments, entities of its group or its employees or collaborators.

10. PRIVACY AND PERSONAL DATA PROTECTION

When the Customer uses the Site, in particular when making a reservation, No Fear Diving. and No Fear Diving group entities process personal data as described in the "Privacy Policy".

Thus, the information collected as part of the Customer’s reservation is intended for No Fear Diving, its entities, its partners, its service providers (in particular online payment service providers) and the Establishments for the purpose of executing the reservation or taking pre-contractual measures.

Once the guarantees provided for by the applicable regulations have been put in place, the Customer’s data may be transferred from Europe to countries that do not ensure, from the European Union's point of view, an equivalent level of data protection.

In particular, in order to secure payment transactions, No Fear Diving group entities process personal data to determine the level of fraud risk associated with each transaction. On this occasion, No Fear Diving and the Establishments may use the No Fear Diving group risk prevention service provider to refine their analysis. Depending on the results of the investigations carried out, No Fear Diving group may take security measures, in particular requesting the Customer to use a different reservation channel or an alternative payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the safety of the order, of cancelling it. Fraudulent use of a means of payment leading to payment default may result in the Customer being entered in the No Fear Diving group incident file, which may lead No Fear Diving to block future payments or carry out additional checks.

The Customer may at any time exercise his rights under the regulations on the protection of personal data. All the information required for this purpose is set out in the "Privacy Policy".

11. MISCELLANEOUS

The input of the required bank information and the acceptance of these General Terms & Conditions of Service and the Special Conditions by electronic means constitute an electronic contract between the Parties which is proof between the Parties of the reservation of the Service and the payment of the sums due upon the execution of said reservation.

The General Terms & Conditions of Service and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other condition communicated by the Customer may be incorporated herein.

In the event of a contradiction between the Special Conditions and the General Terms & Conditions of Service, the Special Conditions will be the only ones applicable for the obligation concerned. In case of contradiction between, on the one hand, the General Terms & Conditions of Service, of whatever nature, of a Partner and these General Terms & Conditions of Service, on the other, the stipulations of these General Terms & Conditions of Service will be the only ones applicable to the obligation at issue.

If one or more stipulations of these General Terms & Conditions of Service are deemed to be invalid or declared as such under a law, regulation or following a decision adjudicated by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.

The authentic language is English. Unless otherwise provided by the law, if the General Terms & Conditions of Service are translated into a foreign language, the English language will prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or in the fulfillment of these conditions and, in a more general manner, regarding the relations between the Parties.

The Customer acknowledges and agrees that No Fear Diving may assign these General Terms & Conditions of Service and all of the rights and obligations attached thereto to any third party without the prior written consent of the Customer. The Customer agrees that such assignment releases No Fear Diving for future deeds. The Customer may not assign the General Terms & Conditions of Service, nor the rights and obligations attached thereto to third parties without the prior written consent of No Fear Diving.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms & Conditions of Service are governed by Indonesian law, without hindering the mandatory protective provisions that may be applicable in the country of residence of the consumers.

No Fear Diving hereby notifies the Customer of the possibility of recourse in the event of a dispute concerning these General Terms & Conditions of Service to a procedure of conventional mediation or any other alternative form of dispute resolution within the conditions provided for under Indonesian law.

After having appealed to Customer Service or the Establishment to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days from the referral, a Mediator from the Customer can contact the Indonesian Department of Tourism.

The referral to the Mediator must be done within twelve (12) months after the first complaint.

In the event of dispute at an Establishment located in Portugal that could not have been settled by the Establishment concerned or by Customer Service, the Customer is invited to make a claim on the complaint platform provided for this purpose, available on the presentation page of the Establishment concerned. The platform is accessible at the following link: https://www.livroreclamacoes.pt/Inicio/.

No Fear Diving also informs the Customer of the existence of a European Online Dispute Resolution ("ODR") Platform to which the Customer may resort. The Customer may access it at the following link: http://ec.europa.eu/consumers/odr/.