Terms & Conditions

These Terms & Conditions apply to bookings made with DYVUM Expeditions Sdn. Bhd. (“DYVUM”, “we”, “us” or “our”) for diving courses, dive activities, trips, expeditions and related services.

By making a booking, paying a deposit or otherwise confirming participation, you acknowledge that you have read, understood and agreed to these Terms & Conditions together with any specific terms stated on the relevant course, trip or expedition page, quotation, invoice or booking confirmation.

1. About DYVUM

DYVUM Expeditions Sdn. Bhd. is a company incorporated in Malaysia.

Company Registration No.: 202601030183

Registered/Business Address: 65-1, First Floor, Jalan Permata 1/KS9, Bandar Bestari Business Park, 41200 Klang, Selangor, Malaysia

Email: explore@dyvum.com

Website: www.dyvum.com

Where a service constitutes a regulated travel package, DYVUM will operate subject to applicable Malaysian tourism legislation, licensing conditions and mandatory terms prescribed by the Ministry of Tourism, Arts and Culture Malaysia (“MOTAC”).

2. Making a Booking

A booking is not confirmed merely by submitting an enquiry or registration form.

A booking becomes confirmed when:

• DYVUM accepts the booking; and
• the required deposit or payment has been received; and
• DYVUM issues written confirmation, an invoice or equivalent confirmation.

Availability displayed or discussed before confirmation is subject to change.

You are responsible for ensuring that all information provided to DYVUM is complete and accurate.

If you make a booking on behalf of another person, you confirm that you have authority to provide their information and accept these Terms & Conditions on their behalf.

3. Prices

Prices are stated in the currency specified for the relevant service.

Unless stated otherwise, prices include only the services specifically identified as included.

Items not expressly stated as included are excluded.

Prices may vary due to factors including supplier pricing, exchange rates, taxes, park or marine fees, fuel surcharges, transportation costs and other third-party charges.

Once a booking is confirmed, DYVUM will not change the agreed price except where:

• the booking is subsequently amended;
• government taxes, statutory fees or mandatory charges change;
• a third-party surcharge is imposed;
• a pricing error is discovered; or
• circumstances outside DYVUM’s reasonable control materially affect the cost of providing the service.

Any such change will be communicated to you.

4. Deposits and Payment

The deposit and payment schedule applicable to each booking will be stated on the relevant booking page, quotation, invoice or booking confirmation.

Deposits may be non-refundable where DYVUM has committed corresponding funds to resorts, liveaboards, airlines, dive operators, accommodation providers, transport operators or other suppliers.

The remaining balance must be paid by the stated due date.

Failure to pay by the due date may result in cancellation of the booking and application of the relevant cancellation charges.

Payment is considered received only when cleared funds are received by DYVUM or its appointed payment processor.

Any bank charges, foreign exchange fees or other charges imposed by the customer’s bank or payment provider are the customer’s responsibility unless otherwise stated.

5. Customer Cancellation

Cancellation must be made in writing to DYVUM.

The cancellation date will be the date on which DYVUM receives the written cancellation.

Cancellation charges will be determined by:

• the cancellation policy published for the relevant course, trip or expedition;
• amounts already committed or paid by DYVUM to third-party suppliers;
• non-refundable services or components; and
• any mandatory terms imposed by Malaysian law or MOTAC where applicable.

No refund will be due for services already provided.

Where DYVUM is able to recover monies from a supplier after a cancellation, any recoverable balance due to the customer will be processed after applicable charges have been deducted.

6. Transfer of Booking

DYVUM may, at its discretion, permit a booking to be transferred to another eligible participant.

Transfers are subject to:

• sufficient notice;
• supplier approval;
• certification and experience requirements;
• airline or transportation restrictions;
• administrative costs; and
• any additional charges imposed by suppliers.

Some bookings may not be transferable.

7. Changes by DYVUM

Diving and travel activities are affected by weather, sea conditions, marine conditions, transportation schedules, supplier operations and other variables.

DYVUM may make reasonable changes to:

• itineraries;
• dive sites;
• schedules;
• accommodation;
• transportation;
• instructors or dive professionals;
• vessels;
• local operators; or
• other programme components

where necessary for safety, operational, logistical or other reasonable grounds.

DYVUM will endeavour to provide an equivalent alternative where reasonably possible.

A change to a dive site, schedule, instructor or equivalent component does not automatically entitle a participant to a refund.

8. Cancellation by DYVUM

DYVUM may cancel a course, trip, expedition or activity because of:

• insufficient participant numbers;
• unsafe weather or sea conditions;
• natural disasters;
• governmental restrictions;
• political or security events;
• transportation disruption;
• supplier failure;
• illness or unavailability of essential personnel;
• force majeure; or
• other circumstances that make operation unsafe, unlawful or impracticable.

Where DYVUM cancels for commercial or operational reasons within its reasonable control, DYVUM may offer an alternative date, credit or refund as appropriate.

Where cancellation results from circumstances outside DYVUM’s reasonable control, refunds may be limited to amounts that DYVUM is actually able to recover from suppliers, subject to applicable law.

9. Minimum Participant Numbers

Certain trips and expeditions require a minimum number of participants.

Where the minimum number is not reached, DYVUM may:

• cancel the departure;
• offer an alternative departure;
• propose an adjusted itinerary or price with the participant’s agreement; or
• provide another reasonable alternative.

The applicable minimum participant number will be stated where relevant.

10. Diving Qualifications and Experience

Participants must hold the certification, training and experience required for the activity booked.

DYVUM may request evidence of:

• certification;
• logged diving experience;
• recent diving activity;
• medical clearance;
• prerequisite training; or
• other relevant experience.

Minimum certification alone does not guarantee suitability for every diving environment.

DYVUM and its appointed instructors, divemasters, dive guides, boat captains or local operators may restrict or refuse participation where they reasonably consider a participant’s training, experience, physical condition, conduct or diving ability unsuitable for the planned activity.

Safety decisions made by the responsible dive professional or operator must be followed.

11. Medical Fitness

Scuba diving involves physical and physiological demands.

Participants must accurately complete all required medical questionnaires and declarations.

Where a medical questionnaire or applicable diving standard requires medical approval, the participant must obtain the required clearance before participating.

Participants must inform DYVUM or the responsible dive professional of relevant changes in health or medication before diving.

DYVUM may decline or suspend participation where required documentation has not been provided or where participation would not comply with applicable training or safety standards.

Any costs resulting from inability to participate for medical reasons remain subject to the applicable cancellation policy.

12. Dive Training and Certification

Enrolment in a diving course does not guarantee certification.

Certification is awarded only when the participant satisfactorily completes all required knowledge development, confined-water, open-water, performance, safety and other applicable requirements of the relevant training organisation.

Where additional training is reasonably required, additional sessions, dives, accommodation, transportation, equipment or professional fees may apply.

DYVUM instructors will not waive required training standards solely for the purpose of completing a certification within a particular timeframe.

13. Conduct and Safety

Participants must:

• follow safety briefings and instructions;
• comply with applicable diving practices and local rules;
• behave responsibly toward other participants, staff, marine life and the environment;
• avoid conduct that places themselves or others at unreasonable risk; and
• respect the rules of resorts, vessels, dive operators and other suppliers.

DYVUM may remove a participant from an activity where their conduct is unsafe, abusive, disruptive, unlawful or materially detrimental to the group.

No refund is required for services not used following removal for such conduct, subject to applicable law.

14. Alcohol, Drugs and Fitness to Dive

Participants must be fit to participate safely.

DYVUM may refuse diving or other activities where a participant appears impaired or otherwise unfit to participate safely.

The responsible dive professional’s safety decision is final for the relevant activity.

15. Travel Documents and Entry Requirements

For international travel, each participant is responsible for ensuring that they hold:

• a valid passport;
• required visas;
• required entry permits;
• appropriate vaccination or health documentation;
• sufficient passport validity; and
• any other documentation required by the destination or transit country.

Unless expressly included as a service, DYVUM does not guarantee the granting of any visa, permit or entry approval.

Costs arising from denied boarding, denied entry or inadequate documentation are the participant’s responsibility.

16. Flights and Transportation

Unless expressly stated as included, international flights are not included.

Where flights or other transport are booked independently, participants are responsible for arriving at the specified meeting point on time.

DYVUM is not responsible for independently booked flights, missed connections or consequential losses resulting from transport disruption, except to the extent required by law.

Participants should allow appropriate connection and contingency time.

17. Travel and Diving Insurance

Participants on international expeditions are strongly advised, and may be required, to maintain appropriate insurance for the duration of the trip.

Depending on the activity, this should include appropriate cover for:

• overseas medical expenses;
• emergency evacuation;
• diving-related treatment;
• trip cancellation;
• travel interruption;
• baggage and equipment;
• flight disruption; and
• other relevant risks.

Where insurance is expressly stated as mandatory, proof may be requested before departure.

18. Equipment

Participants using their own equipment are responsible for ensuring that it is suitable, maintained and functioning properly.

Rental equipment remains the property of DYVUM or the relevant supplier.

The participant may be responsible for loss or damage caused by misuse, negligence or failure to return rented equipment, excluding reasonable wear and tear.

19. Missed or Unused Services

No refund will ordinarily be provided for voluntarily missed or unused:

• dives;
• classes;
• accommodation;
• meals;
• transfers;
• activities;
• excursions; or
• other included services

after the programme has commenced.

This includes missed activities resulting from late arrival, personal preference, inability to meet diving requirements or a personal decision not to participate, subject to applicable law.

20. Marine and Wildlife Encounters

Wildlife is unpredictable.

DYVUM does not guarantee sightings of any particular species, marine-life encounter or environmental condition.

Absence of a particular wildlife encounter does not constitute failure to deliver the booked service.

21. Third-Party Suppliers

DYVUM may arrange services supplied by independent third parties, including:

• dive centres and dive operators;
• liveaboards;
• resorts and hotels;
• transport providers;
• airlines;
• boat operators;
• activity providers;
• destination management companies; and
• other local suppliers.

These suppliers may impose their own reasonable terms, operational rules and safety requirements.

Nothing in these Terms excludes any responsibility that DYVUM cannot lawfully exclude.

22. Force Majeure

DYVUM will not be responsible for failure or delay caused by events beyond its reasonable control, including natural disasters, extreme weather, epidemics, government action, war, civil disturbance, transportation disruption, closure of ports or airports, strikes or comparable events.

Where possible, DYVUM will work with customers and suppliers to identify reasonable alternatives.

23. Personal Data

DYVUM processes personal data in accordance with its Privacy Policy and applicable Malaysian data protection laws.

Where necessary to provide a booking, DYVUM may share relevant information with training organisations, dive operators, accommodation providers, transportation providers, overseas suppliers, payment providers and other parties involved in delivering the service.

Please refer to DYVUM’s Privacy Policy for further information.

24. Photography and Media

DYVUM may photograph or record diving, educational or travel activities.

Where images are intended for promotional or marketing use, DYVUM will handle such use in accordance with applicable consent and privacy requirements.

Participants may inform DYVUM if they do not wish identifiable images of themselves to be used for promotional purposes.

Separate consent may be obtained where appropriate.

25. Complaints

Participants should raise operational concerns as soon as reasonably possible so that DYVUM or the relevant supplier has an opportunity to address the issue.

Formal complaints may be submitted to:

explore@dyvum.com

Please provide the booking reference, relevant facts and supporting information.

26. Liability

Diving and adventure travel involve inherent risks.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Malaysian law.

To the maximum extent permitted by law, DYVUM will not be responsible for indirect or consequential losses that were not reasonably foreseeable from the booking.

Participants remain responsible for complying with safety requirements and making reasonable decisions concerning their own participation.

27. Consumer Rights

Nothing in these Terms is intended to remove or reduce any rights or remedies that cannot lawfully be excluded under applicable Malaysian consumer or tourism laws.

If a mandatory statutory or regulatory term conflicts with these Terms, the mandatory term will prevail.

28. Governing Law

These Terms are governed by the laws of Malaysia.

The parties submit to the jurisdiction of the Malaysian courts, subject to any statutory consumer dispute-resolution rights that may apply.

29. Changes to These Terms

DYVUM may update these Terms from time to time.

The version applicable to a confirmed booking will generally be the version in effect when that booking was confirmed, unless a change is required by law or agreed with the customer.

30. Contact

Questions regarding these Terms may be sent to:

DYVUM Expeditions Sdn. Bhd. Email: explore@dyvum.com Website: www.dyvum.com