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Dive Internship Terms and Conditions
THIS AGREEMENT will have to be
signed when starting a dive internship with Subway Watersports.
This is an important
document. We have intended to use plain English but if there is
anything the Individual does not understand or wishes to have
explained the Individual should seek independent advice from a
lawyer, Citizens Advice Bureau, Law Centre or other agency.
Agreement for
participation in a Subway Watersports dive internship Program:
1. Interpretation
1.1
In this Agreement :
The “Program”
means the internship
The
“Service” The internship, to
be provided by Subway Watersports to the Individual.
1.2
The headings in this Agreement are for convenience only and should
not affect their interpretation.
2. The Service Provided
2.1
Subway Watersports shall provide the service described below and on
their website to the Individual, subject to the terms of this
Agreement.
2.2
Subway Watersports reserves the right to refuse a placement to
anyone less than 20 years of age and shall have the final say on
whether an Individual may attend the specific Program.
2.3
The Service shall consist of: -
2.3.1
Organising and setting up a Program as described on Subway’s website
and as agreed between Subway Watersports and the Individual;
2.3.2
Arranging pre-departure briefings online at Subway Watersports
website www.subwaywatersports.com, via Program specific Adventure
Briefs, email communication or on the telephone. An Adventure
Guidebook shall also be provided to Individuals;
2.3.3
Arranging suitable accommodation during the period of the
Individual’s involvement with the Program. Subway Watersports shall,
arrange for lunch and transfers to and from the airport.
2.3.4
Arranging the provision of equipment, training and training
materials relevant to the Program.
3. The Individual’s Obligations
3.1
By participating in a Subway Watersports Program the Individual
accepts that he / she will be subjected to various physical and
emotional demands. Individuals are aware and accept that the
standard of living, including food, hygiene and accommodation in
Honduras may be below the general standards of their own country.
3.2
The Individual is responsible for his/her own travel arrangements,
expenses and insurance during the Program.
3.3
The Individual warrants that all information and records provided to
Subway Watersports relating to the Individual, the Individual’s
medical history and medical statement are accurate and truthful and
provide Subway Watersports with a clear indication of the
Individual’s state of health.
3.4
The Individual is under a duty to inform Subway Watersports of any
medication requirements, any allergies and any other physical or
mental condition that could affect the Individual’s performance on
the Program. Subway Watersports shall not in any event be held
liable for any consequence arising out of the Individual’s failure
to take advice or medication as prescribed by a medical practitioner
both prior to departure and during the Program. Subway Watersports
reserves the right to reject applicants requiring specialist medical
care.
3.5
The Individual agrees to take personal responsibility for insuring
the Individual’s own personal effects and Subway Watersports cannot
be held liable for any loss or damage of personal effects.
3.6
The Individual is responsible for
ensuring that he / she has a valid passport, any necessary visa,
permits and vaccinations and has obtained and supplied all relevant
valid documentation for the Program in terms of travel documents and
medical documents.
3.7
Subway Watersports cannot be held
responsible for a country’s decision to refuse entry, exit or the
right of passage (national and local laws governing immigration).
All Individuals must ensure that they contact the relevant Embassy
to acquire the relevant Visa or Tourist Permit prior to commencing
the Program.
3.8
The Individual shall comply with all relevant laws, regulations and
customs of Honduras. In the event of a contravention of these laws,
Subway Watersports shall have the right to require the Individual to
leave the Program and no liability on the part of Subway Watersports
shall arise whatsoever.
3.9
The Individual will at all times respect and follow local laws and
culture of Honduras and behave in a responsible and courteous
manner. Each Individual has a duty of care to each other, to local
people and to Honduran nationals participating in the Programs and
to Subway Watersports. Individuals shall follow the reasonable
instructions of Subway Watersports during the Program.
3.10
As representatives for Subway Watersports within the local community
and Honduras, the Individual must respect Subway Watersports aims
and objectives and not wilfully or recklessly seek to damage
relations between Subway Watersports, the Program and (or) the local
community , Honduras. The Individual must not misrepresent Subway
Watersports in any way which would seek to undermine or damage
relations between Subway Watersports and the local community.
3.11
The Individual shall at all times respect and follow the health and
safety procedures as set out by Subway Watersports and local
authorities.
4. Charges
4.1
Subject to any special terms agreed, the Individual must pay Subway
Watersports standard charge as explained on the Adventure Brief and
as published on Subway Watersports Adventure’s website,
www.subwaywatersports.com. Please note that costs shown within
Subway Watersports Adventure Brief are subject to change and as such
all final payments shall be displayed on Subway Watersports website.
The published prices on Subway Watersports website are valid for 30
days only and Individuals are advised to regularly check the site
for the most recent prices and up to date information. Once an
Individual has confirmed their booking and paid the deposit, they
shall pay the remaining sum which was the published price as at the
time of booking.
4.2
The deposit payment of US$ 250 shall be
payable by the Individual to Subway Watersports, immediately on
receipt of the confirmation of booking. If the Individual wishes to
cancel their placement, the deposit payment is non-refundable.
4.3
Final payment is to be paid by the Individual no
later than 6 weeks prior to program start. If, for any reason, the
Individual does not make the payment by this date, then Subway
Watersports reserves the right to offer the Individual’s placement
to someone else, without any refund to the Individual. The total
payment (i.e. the deposit and remaining sum paid) is non-returnable
after embarkation of the program without liability on the part of
Subway Watersports
5.
Warranties and
Liabilities
5.1 Subway Watersports warrants to the Individual
that the Service will be provided using reasonable care and skill
and, as far as are reasonably possible, in accordance with the
description of the Service.
5.2
Any information provided by Subway Watersports, including but not
limited to information about visas, vaccinations, healthcare,
climate, baggage and special equipment is given in good faith but
without responsibility on the part of Subway Watersports.
5.3
Except in respect of death or personal injury caused by Subway
Watersports negligence, Subway Watersports responsibility for any
representation (unless fraudulent), or any other act or omission
shall not exceed the amount of Subway Watersports charges as set out
in Clause 3.1 for the provision of the Service.
5.4 In particular Subway Watersports shall have no
responsibility for any activities undertaken by the Individual
outside the scope of those directly relating to the Program. No
warranty is given in respect of any activities
outside the scope of those relating to the Program and it is the
Individual’s responsibility to ensure that any person or company
offering any activities possesses the requisite care and skill.
6.
Complaints
6.1
If the Individual wishes to make a complaint in relation to the
Program, he/she shall bring the complaint to the attention of Subway
Watersports in Roatan Honduras, who shall use his/her best
endeavours to resolve the complaint within a reasonable time.
6.2
If Subway Watersports in Roatan, Honduras is unable to resolve a
serious complaint, and the Individual leaves the Program before the
completion date, the Individual shall provide the Program Host with
a written version of events.
6.3
No compensation shall be given to the Individual, unless there are
extreme circumstances, which shall be determined at the sole
discretion of Subway Watersports. The Individual agrees that under
no circumstances shall Subway Watersports be liable for damages or
compensation arising from any claim related to the assessment of
inconvenience, disappointment, discomfort or loss of enjoyment.
7.
Property and Intellectual Property
7.1
All equipment and resources provided by Subway Watersports both
prior to and throughout the duration of the Program (including
teaching manuals) remain the property of Subway Watersports and must
be returned on completion of the Program unless otherwise specified
by Subway Watersports.
7.2
Individuals shall replace as new any property that is lost or
damaged through careless or thoughtless behaviour.
8.
Data Protection
8.1 It may be necessary for Subway Watersports to
pass data about the Individual to Honduran government officials. The
Individual hereby agrees that Subway Watersports may disclose
his/her personal data, including any sensitive personal data, such
as relevant medical history, to representatives of immigration,
police or other governmental officials in Honduras.
9.
Termination and Expulsion
9.1
Subway Watersports reserves the right immediately and automatically
to expel any individual in breach of any term of this Agreement.
9.2
Without prejudice to the generality of clause 9.1 above the
following will result in automatic expulsion:
9.2.1
Possession / taking / supplying illegal or illicit substances. The
question of whether the substances are illegal or illicit is to be
governed by the jurisdiction of Honduras;
9.2.2
Displaying cruel, thoughtless or rude behaviour or committing acts
which could injure or harm a member of the Program (including a
staff member), or any other person;
9.2.3
Disobeying Subway Watersports, or Honduran officials instructions in
relation to health and safety;
9.2.4
Committing an act or displaying behaviour which could jeopardise
future Subway Watersports Programs within Honduras or lead to the
souring of relations between Subway Watersports and the local
community or Honduras; and
9.2.5
Breaking local laws.
9.3
Expulsion will be carried out at Subway Watersports own discretion
and is not subject to appeal.
9.4
In all such cases the Individual will not be entitled to any
reimbursement from Subway Watersports, neither will Subway
Watersports be responsible for any additional costs incurred by the
Individual.
10.
Currency of Agreement and Cancellation
10.1
The Individual will be entitled to cancel this
Agreement at any time up until 45 days before program start. In this
event, the individual will be entitled to all monies paid less the
deposit paid. If the Individual cancels the booking between 45 and
20 days before program start he/she will be entitled to 70% of all
monies paid. If the Individual cancels the booking with less than 20
days before program start he/she will be entitled to 40% of all
monies paid. Once the internship has started; he/she shall not be
entitled to any money back.
10.2
The Individual will be allowed to transfer his/her program dates at
any time up until 8 weeks before program start. After 8 weeks, a
transfer fee of US$100 shall be payable. Any change of placement
shall be at Subway Watersports discretion.
10.3
Subway Watersports reserves the right to cancel or curtail the
Program if, in its absolute discretion, it believes that
circumstances warrant it. This shall include cancellation where
there is an event of force majeure which has occurred (see below).
In this instance, the Individual shall be entitled to any monies
paid less any other irrecoverable expenditure on the part of Subway
Watersports which has already been spent in relation to the
preparation of the Program.
10.4
If Subway Watersports cancels the Program, the Individual will be
entitled to a refund:
10.4.1 in
the case of cancellation by Subway Watersports before departure,
whether within or beyond Subway Watersports control, the Individual
shall be entitled to their deposit and any monies paid, less any
other irrecoverable expenditure on the part of Subway Watersports
which has already been spent; and
10.4.2 in
the case of curtailment, the Individual shall be entitled to a
reasonable proportion of the total charge from which any
irrecoverable expenditure is deducted.
10.5
In all of the above cases where there is a cancellation, Subway
Watersports first recourse shall be to place the Individual on an
alternative placement. Subway Watersports shall use its reasonable
endeavours to match an alternative placement to suit the
Individual’s requirements.
10.6
In all of the above cases, either party shall give written notice to
the other of the cancellation, and any refund or alternative
placement given to the Individual shall be considered to be in full
and final settlement of all and any liability owed by Subway
Watersports to the Individual.
11. Force Majeure
11.1
Notwithstanding any other provision of this Agreement, Subway
Watersports shall not be deemed to be in breach of this Agreement or
otherwise be liable for any delay in performance or non-performance
of any of its obligations under this Agreement to the extent that
the delay or non-performance is due to any circumstances beyond its
reasonable control, including but not limited to Acts of God, war,
acts of terrorism, riot or civil commotion, fire, strike and
government or other official intervention.
12.
General
12.1
This Agreement constitutes the entire Agreement between the parties
and shall apply to the dive internship program provided by Subway
Watersports and undertaken by the Individual.
12.2
Any notice required or permitted to be given by one party to this
Agreement to the other shall be in writing addressed to that other
party: in the case of Subway Watersports, its registered office or
principal place of business, in the Individual’s case to the
Individual’s address as stated in this Agreement or being given to
the Individual in person or by delivery to the Individual’s last
known place of residence.
12.3
No waiver by either party of any breach of contract by the other
shall be considered as constituting the waiver of any subsequent
breach of contract or any other provision of this Agreement.
12.4 A person who is not a party to this Agreement
has no rights to enforce any term of this Agreement.
Every participant must sign this agreement in order
to start an internship with Subway Watersports.
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