The following terms (full detail below, per section) will be understood as followed:
· 'Our Services': refers to all the diving services (e.g. single dive, training, dive cruise, gear rental, etc.) that users can book through www.tribloo.com.
· 'Users': refers to any dive enthusiasts or divers booking a service on tribloo.com.
· 'Dive Centre': refers to all the dive centres selected and published on tribloo.com.
ARTICLE 1 - OUR SERVICES
tribloo.com is a website edited by J2L Developpement, company listed at the Registre du Commerce under n° 533 884 904. The Registered Office of tribloo.com is 56, rue de Rochechouart 75009 Paris - France.
1.1 - Services offered on the website
tribloo.com offers relevant information on dive sites and dive centres around the world. It also provides an online booking service so that users can book a diving service in a dive centre selected and published on tribloo.com.
1.2 - Listed dive centres
The dive centres published on tribloo.com have been selected from a list of criteria established by the founders of tribloo.com. This criteria focus on safety, professional staff, quality gear, friendliness, and eco-responsibility. The selection does not, in any way, mean that the dive centres not published on tribloo.com do not qualify for one or several of the criteria. The notion of 'Best dive centre' is published on the sole ground of the selection criteria that belong to tribloo.com. The criteria is identical throughout the whole process, still it is decided on a subjective basis and can only be attached to a point in time; tribloo.com cannot be held responsible for a change in the offer or the quality of a dive centre once a dive centre is published.
1.3 - Intermediary
tribloo.com is an intermediary between users and dive centres. When using our services, the contract links the user(s) and the dive centre(s). When a user books a service, tribloo.com acts as a go-between for the said user and the said dive centre, sending said user the booking details and confirmation from the dive centre. By booking with tribloo.com, you enter into a contractual agreement with the dive centre you booked in.
1.4 - Information published on the website
The information published on tribloo.com is given and updated regularly by the dive centres themselves, with the exception of some editorial. Contractually with tribloo.com the dive centres must ensure, at all times, that the information relative to their company, their staff, and/or their services are correct and up-to-date. They must inform tribloo.com if any information is wrong or outdated. The dive centres have access to an extranet site in order to easily update their information.
We strive to provide our users with the best service possible; but we cannot check nor guarantee that all the information provided is accurate, complete, and exact. tribloo.com cannot be held responsible for any mistakes (i.e. obvious mistakes and/or typos), any inaccurate, misleading or false information, or any lack of information.
Every dive centre hereby is and remains responsible at any time for the accuracy and completeness of the descriptive information published on tribloo.com, including its availabilities and fees.
ARTICLE 2 - BOOKING SERVICE OPERATION
2.1 - The offer conditions and the booking service
2.1.1 - Booking conditions
The booking service is available every day and at any time. Users can search for a destination, a time of departure, and/or any diving services offered by tribloo.com.
According to the criteria of the users search, you will be directed to:
· A selection of dive centres meeting the criteria
· The availability of the dive centre
· The current fees for the service(s) booked
If one of the offers matches the search, the user fills in the online booking form, not forgetting the mandatory fields and sections:
· Create a User account in the section 'My Tribloo' with your personal details
· Desired service(s)
· The agreement on the terms of the sales
The dive centres' availabilities are filled in and updated by the dive centres themselves. Bookings on tribloo.com must be finalized at least 12 hours before the actual start of the service (local time) to be effective.
2.1.2 - Booking process
Once the booking is effective the user receives a confirmation email to notify the user that the request has been registered and the dive centre has been contacted with user’s request. If the dive centre accepts the said booking, the user receives a final confirmation email honoring their request. This said final email is written proof that the booking had been validated and is effective. This confirmation includes all the information
s and specificities of the booking and the dive centre (i.e. dates, times, service and limits). Please read it carefully.
If the dive centre declines the booking, the user will also receive an email, indicating why the booking was refused. Whenever possible, the dive centre gives the user some options or alternatives for their last booking.
In the case that a dive centre has accepted a booking, tribloo.com sends all the user's details so they can communicate together on planning the dive, i.e. the dive centre becomes the user's main point of contact and vice versa. The user can still contact tribloo.com if they have any questions, via the section 'Contact us' on tribloo.com, located on the homepage.
ARTICLE 4 - FARES
4.1 - Fees published on tribloo.com
Fees for services published on tribloo.com are the current fees for the dive centres, i.e. they are set by the dive centres themselves. Prices are in Euros or US Dollars. Tribloo.com is working hard to offer their users the best fees possible for diving services: fees published on the website are usually inferior to the ones on public display in the dive centre and/or the dive centre's own website. These fees might vary in time and with the seasons: the user has to accept this eventuality for a discrepancy.
4.2 - Best fee guaranteed
When the booking is effective, if the user finds either on the internet or through the dive centre itself, a diving service cheaper than what is published on tribloo.com, tribloo.com will pay the difference between the cheaper service found and tribloo.com fee.
4.3. - Services payment
The same terms of sales will also apply to the bookings of promotional offers and discounts.
ARTICLE 5 - USER'S OBLIGATIONS
5.1 - Information provided to tribloo.com
The user guarantees that the information and personal details given in 'My Tribloo' are accurate and that the user is solely responsible for any mistake, incomplete, or wrong information. The user is committed to modify their profile if any information has changed, including modifications on the user's diving certifications and/or diving experience. It is paramount that the user checks that the email address provided is correct.
5.2 - Obligations towards the dive centre
The user is committed to present themselves to the dive centre where the booking was made, at the time and on the date agreed upon beforehand between the two parties. The user is committed to bringing the documents aforementionned by the dive centre in the terms of sales (e.g. medical certificate, dive certification, etc.). Tribloo.com is not responsible for any forgotten documents from the user or for any incident that may impede the user to use the service(s) booked. In any case, the terms of sales are the legal reference.
ARTICLE 6 - BOOKING CANCELLATION
1 - Booking cancellation conditions
Every dive centre has its own terms of sales that details the booking cancellation conditions following the confirmation of a booking. We recommend our users to read carefully the conditions published on the website before finalizing the booking. Once the bookng is effective, the user is bound by a legal agreement to the terms of sales of the dive centre.
When booking on tribloo.com, the user declares he or she has read and accepted all cancellation and no-show conditions, along with all the extra conditions the dive centre requires for the booking. The user is reminded of these said conditions throughout the booking process and in the booking request email. Some special offers and/or discounts do not apply to the current conditions: we recommend that the user always checks the conditions before finalizing a booking.
Any litigation concerning a booking cancellation is to be dealt with by the dive centre and the user directly. The user cannot sue tribloo.com over extra fees or fines regarding their booking. If the user is asked to pay for or to refund a service, it must be dealt with by the dive centre and the user directly.
2 - Booking cancellation by tribloo.com
Tribloo.com reserves the right to cancel and/or delete a User account without warnings nor financial compensations on the following grounds (list non-exhaustive):
· False declarations from the User
· Pogramme cancellation for economic reasons decided on by tribloo.com
· Death of the User
ARTICLE 7 - RESPONSIBILITY
Using our services, the user has accepted to observe the laws, status, and rulings set forth by tribloo.com to use the website; tribloo.com cannot be held responsible for the non observance of the aforementionned.
7.1 - Litigations with the dive centres
Tribloo.com is an intermediary between the users and the dive centres; we do not have any control over the quality of the services or the billing from the dive centres.
Tribloo.com cannot be held responsible for any litigation between a User and a Dive Centre, whether it is about fees, service quality, the dive centre, the SCUBA gear and/or anything that impedes the fulfillment of a good diving experience. For this reason, direct communication is established as soon as possible between the dive centre and the user.
7.2 Internet and computer related problems
Tribloo.com has, throughout the whole booking process, a duty of results as long as the information provided by the user is correct and the information given by the dive centre is accurate.
Tribloo.com cannot be held responsible in the situation where there is no or delayed observance of one of the duties if the user or the dive centre can prove the unpredictable and the overwhelming nature of the incident, or if it is a force majeure situation, such as described by the Jurisprudence of French Tribunals.
Also, tribloo.com cannot be held responsible for all the mishaps and inconveniences linked to the Internet network as such: absence of host, hacking, or viruses. Tribloo.com cannot be held responsible for any interruption in the service provided due to technical breakage (temporary, partial or full), fixing, updating, maintenance and/or anything.
The user admits to knowing about the Internet, its characteristics and limitations, especially when it comes to technical performances (e.g. response delay, consulting, info request, or problems encountered when up- or downloading), and inherent risks in digital communication.
Tribloo.com does not guarantee that the website is compatible with the equipment or any computer configuration coming from the user. We cannot be held responsible for any damage (direct or indirect, foreseeable or unforeseeable, hard- or software), including financial or a missed opportunity, caused to your computer by using or not being able to use, fully or partially, the services provided by the website.
7.3 - Privacy
According to the French law, n° 78-71, effective Juanuary the 6th 1978, on data processing, privacy and liberties, the website is declared to the CNIL.
According to the article 34 of said law, the user has the right to access, modify, change and/or delete any data relating to their person. To exercise this right, please contact:
Tribloo.com - J2L Developpement
56, rue Rochechouart
75009 Paris - France
7.4 - Feedback
In order that we continue to improve ourselves and our services, once the booked diving service has been accomplished, we ask the users to fill out a questionnaire to express their opinion and comment on the dive centre and/or our services. Your comments can be published on the website, on the dive centre's page, so as to inform future users. We reserve the right to simplify, refuse, or delete comments with our own discretion.
The questionnaire is a survey, so it does not hold any commercial offer, invitation, or advertisement.
ARTICLE 8 - CURRENT LAW
ARTICLE 9 - COPYRIGHT AND IP OF THE WEBSITE
Our services are available solely for private and personal use, not for commercial use. Users or dive centres cannot sell, use, copy, overlook (through an indexation robot or through data screen shot), display, download, reproduce, or establish any deep link or reference or keywords towards any content or information, any software and/or product or available services on our website for commercial or competition activities.
All the contents and informations published on the website tribloo.com is the property of the editor J2L Developpement.
Paris, 1st of April 2012