Phoenix Scuba Adventures Travel Terms & Conditions

1. Travel Deposits and Payments

• 1.1 Non-Refundable Deposits and Payments: All trips require a non-refundable deposit and/or full payment at the time of booking, as applicable. All deposits and payments are non-refundable regardless of the reason for cancellation, including changes in personal plans, illness, travel disruptions, or other unforeseen circumstances. Reservations are not guaranteed until the required payment is paid in full and all required paperwork from the Participant is completed.

5-Day Withdrawal Window (Limited Right to Withdraw) Notwithstanding Section 1.1 above, Participants may withdraw from their booking within five (5) calendar days of the booking date and time (defined as the time Phoenix Scuba Adventures receives the deposit or payment, or confirms registration—whichever occurs first) without cancellation penalty. To qualify for this withdrawal right, written notice must be received by Phoenix Scuba Adventures within the five (5) day period. Email notice is acceptable and must be sent to info@scubaplano.com.

• Supplier and Merchant Fees: Any refund issued under the five (5) day withdrawal window will be reduced by non-recoverable credit card, merchant, processing, or supplier-imposed charges (including airline, liveaboard, resort, tour operator, or similar contractor fees) incurred Phoenix Scuba Adventures prior to withdrawal.
• After Withdrawal Period After expiration of the five (5) day withdrawal window, all deposits and payments are governed by the standard cancellation and refund provisions set forth in these Travel Terms, including non-refundability and any supplier-imposed charges.

• 1.2 Payment Schedule: Failure to make any scheduled payment may result in the cancellation of the Participant's reservation without refund. Phoenix Scuba Adventures reserves the right to revise payment schedules and/or prices associated with any reservation upon reasonable notice to the Participant due to unforeseen costs.
• 1.3 Roommate Assignment: If the Participant does not locate a roommate for the trip or Phoenix Scuba Adventures is unable to assign one, the Participant agrees to pay the single supplement price.
   
• 1.4 Reservation Changes: Any changes to the Participant's reservation, for any reason, may result in additional fees, which will be the sole responsibility of the Participant.

• 1.5 Cancellation, Refund, and Transfer Policy: Upon cancellation of a Participant's reservation for any reason after the expiration of the five (5) day withdrawal window, all deposits and payments are non-refundable. Refunds or credits will be issued only if Phoenix Scuba Adventures, in its sole discretion, successfully resells the reservation. Resale, if achieved, shall be deemed complete and applied to the reservation only after replacement funds are fully received and cleared by Phoenix Scuba Adventures. Phoenix Scuba Adventures may, as a courtesy and not as a contractual obligation, assist in remarketing the Participant’s reservation through its normal marketing channels. However, reselling the reservation remains solely the responsibility of the Participant.

Resale Eligibility (Payments Must Be Current): To be eligible for remarketing assistance by Phoenix Scuba Adventures all scheduled payments must be current and the Participant must not be in default under these Travel Terms at the time resale assistance is requested. If the Participant’s account is past due, Phoenix Scuba Adventures may suspend or decline remarketing efforts until the account is brought current. Phoenix Scuba Adventures makes no representation or guarantee that any reservation will be resold. If the reservation is not resold prior to departure, the Participant remains responsible for the full trip cost, including any supplier-imposed non-refundable charges.

Transfer of Reservation: Participants may transfer their reservation to another individual provided that:

• Written notice is received at least twelve (12) weeks prior to departure;
• The replacement participant satisfies all trip requirements;
• All required documentation is completed and full payment is received prior to departure; and
• All transfer arrangements and payments between participants remain the sole responsibility of the original Participant

• 1.6 Authorization to Draft Funds: The Participant hereby authorizes Phoenix Scuba Adventures to charge or otherwise collect funds from the payment method provided for any unpaid balances, fees, or costs incurred as outlined in this Agreement.
   
• 1.7 Default: A Participant shall be considered in default under these Travel Terms if any of the following occur:
   

1. Failure to make any scheduled payment when due;
2. Failure to provide required documentation within the time specified by Phoenix Scuba Adventures;
3. Initiation of a chargeback, payment dispute, or reversal of payment without prior written notice to Phoenix Scuba Adventures;
4. Material misrepresentation of information provided in connection with the booking;
5. Failure to comply with any material term of these Travel Terms.

If a default is capable of cure, the Participant shall have five (5) days after written notice from Phoenix Scuba Adventures to cure the default.

Upon default, Phoenix Scuba Adventures may, in its sole discretion:

• Suspend remarketing or resale assistance;
• Cancel the reservation;
• Retain deposits and payments as provided under these Travel Terms; and/or
• Pursue any other remedies available under applicable law.

2. Travel Coverage and Equipment Service

• 2.1 Medical and Dive Insurance: The Participant is required to have a valid medical within the last 12 months of the trip departure date. The Participant is strongly encouraged to purchase dive medical insurance and trip insurance.

• DAN Per Trip Insurance
• DiveAssure Travel Insurance
• Allianz Travel Insurance

• 2.2 Equipment Servicing: The Participant agrees that all equipment to be used during the trip, including but not limited to regulators, BCDs, and dive computers, has been or will be serviced by a manufacturer-certified technician at a reputable service center within the 12 months preceding the trip departure date.

3. General Provisions

• 3.1 Assumption of Risk: The Participant acknowledges and assumes all risks associated with travel and diving activities.
• 3.2 Indemnification: The Participant agrees to indemnify, defend and hold Phoenix Scuba Adventures harmless from any claims, liabilities, or damages arising from their participation in the trip except to the extent caused by Phoenix Scuba Adventures’ gross negligence or willful misconduct.
• 3.3 Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the State of Arizona. Any disputes arising under this Agreement shall be resolved exclusively in the courts of Maricopa County Arizona.
• 3.4 Limitation of Liability Cap: To the maximum extent permitted by law, Phoenix Scuba Adventures’ total liability arising out of or related to this Agreement shall not exceed the total amount paid by the Participant for the applicable trip.
• 3.5 Force Majeure: Phoenix Scuba Adventures shall not be liable or responsible for any delay, cancellation, modification, loss, injury, or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, weather events, hurricanes, earthquakes, pandemics, epidemics, government actions or restrictions, travel bans, airline cancellations, war, terrorism, civil unrest, labor disputes, supplier insolvency, mechanical breakdowns, or any other force majeure event. In the event of a force majeure occurrence affecting the trip, Phoenix Scuba Adventures reserves the right, in its sole discretion, to modify, substitute, postpone, or cancel the trip. Any refunds, credits, or adjustments shall be subject to supplier terms and non-recoverable costs incurred by Phoenix Scuba Adventures. Participants acknowledge that certain travel-related disruptions may be outside the control of Phoenix Scuba Adventures and agree that Phoenix Scuba Adventures shall not be responsible for losses arising from such events.
• 3.6 Severability: If any provision of these Travel Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• 3.7 Waiver: Failure by Phoenix Scuba Adventures to enforce any provision of these Travel Terms shall not constitute a waiver of that provision or any other provision.
   
• 3.8 Entire Agreement: This Agreement constitutes the entire understanding between the Participant and Phoenix Scuba Adventures regarding the trip and supersedes any prior agreements or understandings, whether written or oral.
   

4. Participant Authorization and Acknowledgment

By submitting a deposit and/or signing the required paperwork, the Participant confirms that they have read, understand, and agree to all terms and conditions outlined above. The Participant further agrees that Phoenix Scuba Adventures may draft funds for any unpaid balances, fees, or costs associated with the Participant’s reservation or as otherwise authorized under this Agreement.

5. Contact Information

For questions or additional clarification, please contact Phoenix Scuba Adventures at PhxScubaTravel@gmail.com.

6. No-Exception Policy

Except as expressly required by applicable law, no exceptions will be made to the payment, cancellation, refund, or transfer provisions set forth in this Agreement. All such determinations are made in Phoenix Scuba Adventures’ sole discretion.