Please read the terms & conditions below to fully understand our Diani diving & snorkelling trips and PADI courses & certifications.
Guests should be in agreement with these terms & conditions before making a booking.
Refund Policy
Ocean Tribe’s refund policy attempts to accommodate its guests’ needs as much as possible in accordance with the following Terms & Conditions guidelines:
A FULL REFUND* will be issued to the guest in the following circumstances:
- If cancellation by our guest takes place more than 7 days prior to the scheduled start of the dive trip or course.
A 50% REFUND* will be issued to the guest in the following circumstances:
- If cancellation by our guest takes place more than 1 day prior to the scheduled start of the dive trip or course.
NO REFUND* will be issued to the guest in the following circumstances:
- If cancellation by our guest takes place 24 hours or less from the scheduled start of the dive trip or course.
- In the event of a guest being absent at the scheduled start time of the diving trip/course.
- Canceled dives on the boat will be fully charged (including Discover Scuba dives).
- Bad weather in the morning, unless it makes the trip unsafe, is not a reason to cancel the trip.
PEAK SEASON EXCEPTION – During Peak Season (from 1st July to 31st October and 14th December to 14th January), refunds can not be given for Kisite Marine Park bookings unless 7 days or more notice is given. Refunds made more than 180 days after the initial payment was made, will incur a 20% fee.
Refunds can only be made by the original payment method and to the account that the payment was initially made from.
Please note that the above terms & conditions are what you should expect as the worst-case scenario. Ocean Tribe will do everything possible to keep cancellation/amendment costs to a minimum. Each cancellation case will be individually evaluated by our European management team to determine if there were any conditions that will warrant additional refunds.
Please note, refunds can not be given for PADI materials purchased by us directly from PADI for courses. These can be used at any PADI Dive Centre world wide for up to 12 months from the date of the first login.
Cancellation by Ocean Tribe
In the case where cancellation has been made by Ocean Tribe due to weather condition as explained below or for any other reason.
WEATHER CONDITIONS: If the weather on the day of your diving trip / open water dives of a course prevents us from having a safe and enjoyable experience you will be informed that the trip is canceled or of the need to change the diving trip to another location or day.
In the event of light rain without strong winds or big waves, we will NOT cancel any dive trips, as it does not prevent us from having an enjoyable and safe experience. Quite often the weather will have changed by the time we reach the dive site or will be very different to where the day originated.
Dive schedule is subject to change without any prior notice in accordance with weather conditions for your safety. If Ocean Tribe knows in advance that the weather on the day you would like to go diving most likely will prevent us from going to the dive destination as schedule, we will advise you as soon as we know and let you decide if you like to change the dive trip to another day or cancel the trip for a full refund. Ocean Tribe cannot be held responsible for adverse unforeseen weather conditions, involving rough seas and poor visibility. We recommend a travel & cancellation insurance policy that covers unforeseen circumstances. We will fully support you with any travel insurance claims.
Payment and Booking Conditions
50% Deposit or Full payment is required in advance to secure the booking. Bookings can not be held, guaranteed or confirmed until payment has been received. Course materials can not be provided until we have received payment and registration details for each student. If a deposit is paid, the remaining balance must be paid in full 48 hours prior to the trip/course by credit card or MPESA or paid when picked up for the trip/course by card or cash.
All prices are advertised in US$. All prices include fees and taxes. Invoices are sent for online payment using our online booking system.
Health and No Fly Time
All divers must be in good health to dive. Students and Introduction Divers are required to complete a brief medical questionnaire. If you answer ‘yes’ to any of the questions on the first page, you will need to visit your doctor and obtain medical approval before registering for the course.
You need to allow at least 18 hours to pass before flying after diving! So if flying the following day, make sure you contact us first.
Waiver of Liability
All divers must read, fill out, and sign a copy of the Ocean Tribe Liability Release and Assumption of Risk agreement before diving services can be provided. Please review prior to booking. Additional waivers and medical questionnaires may be required for those divers undergoing training, depending on the course requirements imposed by PADI.
Sea Sickness
It can happen to anyone on any tour. Please make sure you are prepared before your tour – it is too late once you are on the boat. As we are not a pharmacy we cannot sell medication. You can purchase anti-motion sickness tablets etc at Goodlife Pharmacy at Centre Point (9 am-5 pm most days of the week…check with them for complete opening times) and Care and Cure pharmacy in Baharini Plaza. Ocean Tribe does not supply seasickness tablets. We cannot give refunds for seasickness.
Divers Certification and Equipment
Only certified divers may participate in scuba diving activities unless they are enrolled in a scuba training program or Introduction Dive and under the direct supervision of their certified Instructor or a Divemaster. All scuba divers must accept full and complete responsibility for themselves, their actions, and their equipment.
If a diver is unable to provide proof of certification, we reserve the right to not allow them to dive.
Divers may elect to use their own gear or to use the equipment we provide. Regardless, divers must inspect their gear prior to each and every dive, and they must be responsible for the proper functioning of that gear. All divers should understand the fact that every piece of equipment is capable of failure, and they must be prepared to respond accordingly.
Dive Course Performance Requirements
Performance requirements for PADI courses must be met for certification including the dive performance requirements and academic performance requirements. Payment for the course does not constitute a guarantee of certification. Certification is issued after all requirements are met. If extra dive days over the included course days are required in order to meet performance requirements then you might be subject to extra charges.
Liability
The laws of Kenya apply in relation to these Terms and Conditions and our business.
It is a fundamental condition of this contract between you, and/or your client and us, that to the extent permitted by law, we (including our directors, employees, agents and independent contractors) are discharged and indemnified by you /or your client (including by your /or your clients executor(s), administrator(s) and dependent(s)) from any liability for any loss, damage, death or injury whatsoever arising out of, or incidental to, this diving trip and other services provided by us, whether or not such damage or personal injury is caused or contributed to by us.
You/or your client acknowledge and agree that:
They will be participating in activities, which are undertaken for the purposes of recreation and involve a significant degree of physical exertion and/or physical risk;
They are aware of the risks of injury associated with your participation in this diving trip and agree to voluntarily assume such risk; and The use of any equipment hired or loaned by us is entirely at their own risk.
Notwithstanding the above, we reserve the right to rely upon any limitation of liability and/or defence available under any applicable law(s) and/or international convention(s) for any claim made by you or your client against us.
Lost or damaged gear
In case of lost or damaged gear through incorrect, irresponsible, or inappropriate use by our customers, we will charge at cost price for damaged/ lost items.
Please note you are responsible for your own personal belongings, Ocean Tribe is not liable for any loss, damage, or theft.
A note regarding ocean conditions & marine life encounters
Our trips & courses are based on interactions with wildlife in the ocean, as such no guarantees can be made that specified interactions will occur on any given day, nor what ocean or weather conditions will be like.
Image Use/Privacy
The passenger acknowledges and gives consent for Ocean Tribe Ltd by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture the passenger’s image, likeness, voice, performance, or all of these (“Images”) during the course of this activity/tour. The passenger acknowledges and gives consent for Ocean Tribe Ltd to receive and use Images of the passenger from others.
Ocean Tribe Ltd may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world. The Images may be altered, modified, changed, combined or incorporated into other works. The images may be published internationally within printed brochures or websites and hosted in data centers outside of Kenya. The passenger has a right to request access to the passenger’s Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for Ocean Tribe Ltd to make any changes to the Images. The passenger authorizes Ocean Tribe Ltd to refuse the request for correction in such circumstances.
Spoken Languages
English is the language spoken on board our trips
We have staff that can communicate in various languages, please contact us if you have specific requirements.
We in no way guarantee any spoken language other than English, unless an otherwise pre-arranged agreement has been made with us.
Age Restrictions
Day Trips: Anyone under the age of 16 must be accompanied by a Parent or Guardian. A 16 or 17-year-old may travel if we have prior written parental consent and must have the relevant liability forms signed by a parent or Guardian.
Open Water Courses: The minimum age is 10 to participate in a PADI Open Water Course. Any person under the age of 18 must have the relevant liability forms signed by a parent or Guardian.
Introductory diving: The minimum age is 10 to participate in introductory diving.
Any person under the age of 18 must have the relevant liability forms signed by a parent or Guardian.
Conduct
During the time on board our vessel, customers will be close proximity to other guests and our crew. Should any customer conduct themselves in an abusive, inappropriate, or threatening manner or in any other way so as to make themselves objectionable to fellow guests or our crew, we reserve the right to have them leave the vessel at the earliest opportunity. The Master of the Vessel has the absolute discretion to make any decisions in this regard and the decision of the Master of the Vessel will be final. We will not give any refund of tour costs if a customer is unable to complete the tour because they have been removed at the Master’s decision.
Around the dive centre should any customer conduct themselves in an abusive, inappropriate, or threatening manner or in any other way to make themselves objectionable to fellow guests or our staff, we reserve the right to have them leave the dive centre and all PADI course and trip fees are non-refundable.
Thanks for taking the time to read and understand our terms & conditions.
