Booking Conditions

1. Parties and scope

These Guest Booking Conditions (“Booking Conditions”) apply when a Guest requests or books liveaboard services through The Liveaboard Company (“TLC”). TLC is operated by The Liveaboard Company, Sitio Katumbal, Barangay Lucbuan, Puerto Princesa, Palawan, Philippines. The Operator identified in the Booking Summary is the independent provider of the liveaboard service. Unless the Booking Summary expressly states otherwise, the contract for the liveaboard service is between the Guest and that Operator. TLC facilitates the booking and provides related administration, communication, guidance and payment support.

The Guest accepts these Booking Conditions, the Booking-Specific Terms and the Terms of Use. A Guest booking for another traveller confirms authority to accept them on that traveller’s behalf and must ensure the traveller receives them.

2. Definitions

• "Booking” means a reservation confirmed in accordance with section 5.
• “Booking-Specific Terms” means the Booking Summary, price, payment schedule, Operator cancellation policy, special-rate conditions and other tour-specific terms accepted by the Guest.
• “Booking Summary” means the confirmation record identifying the Guest, Operator, vessel, tour, dates, cabin or room selection, travellers, price and applicable documents.
• “Departure” means the scheduled commencement of the liveaboard service.
• “Force Majeure Event” means an extraordinary event outside the reasonable control of the affected party that could not reasonably have been avoided or overcome, such as severe weather, natural disaster, epidemic, government restriction, port closure, armed conflict or a serious safety restriction.
• “Guest” includes the lead booker and, where the context requires, each participating traveller.
• “Operator” means the independent liveaboard provider identified in the Booking Summary.
• “Total Booking Value” means the total price of the services reserved, excluding amounts expressly identified otherwise.
• “Travel Credit” means a non-cash credit offered under the Booking-Specific Terms or agreed after a cancellation.

3 . TLC’s role and the Operator’s responsibility

TLC acts as a disclosed booking intermediary. TLC assists Guests in identifying options, transmitting booking requests, obtaining availability confirmation, communicating booking information, administering payments and supporting the Guest journey.

The Operator is responsible for providing the contracted liveaboard service, including the vessel, accommodation, crew, diving activities, itinerary decisions, operational safety, licences, permits and insurance required by applicable law.

TLC does not control day-to-day vessel operations. Nevertheless, TLC remains responsible for its own representations, booking administration, communications and payment handling to the extent required by contract or applicable law.

4. Information before booking

Before the Guest submits a booking request or makes a required payment, TLC will make available the Operator identity, selected tour details, price, payment schedule, cancellation policy and material special conditions then known to TLC. The Guest must review these items carefully. The Guest should ask TLC to clarify any material uncertainty before submitting the booking request.

5. Booking request and contract formation

1. The Guest selects a tour and submits a booking request. The request is an offer to book the selected service from the identified Operator under the displayed conditions.
2. TLC or the Operator verifies availability. An acknowledgement of the request is not confirmation.
3. The Guest completes the payment requirement communicated for confirmation, unless the Booking-Specific Terms provide for payment after confirmation.
4. The Booking becomes confirmed only when TLC communicates the Operator’s acceptance and issues the Booking Confirmation to the Guest.

If the requested service is unavailable, TLC may offer alternatives. No alternative is binding unless accepted by the Guest. Any payment collected for an unavailable request will be returned unless the Guest authorises its application to an alternative booking. TLC may decline to facilitate or confirm a booking for a genuine payment, fraud, sanctions, legal, safety, compliance or operational reason. Where a booking is declined before confirmation, amounts collected for that booking will be returned except for a charge that was separately disclosed, lawfully payable and already incurred.

6. Price and currency

The confirmed price and transaction currency are stated in the Booking Summary. Currency conversions displayed before checkout may be estimates. The Guest is responsible for bank, card and currency-conversion charges imposed by the Guest’s financial provider. TLC may correct an obvious pricing or technical error before confirmation. If a material error is discovered after confirmation, TLC will notify the Guest promptly and offer the legally appropriate options, which may include honoring the confirmed price, accepting a corrected price or cancelling with a refund.

7. Payments

The deposit, installments, balance due date and accepted payment methods are stated in the Booking-Specific Terms. The Guest must make payments by the stated deadlines.

Unless expressly stated otherwise, TLC collects payment for the liveaboard service as a limited collection agent for the Operator. Payment to TLC in accordance with TLC’s instructions discharges the Guest’s corresponding payment obligation to the Operator to the extent of the amount successfully received.

TLC may transfer amounts to the Operator in accordance with TLC’s separate agreement with the Operator. The timing of that transfer does not change the Guest’s confirmed price or the cancellation policy accepted for the Booking.

If a payment is late, TLC will notify the Guest where reasonably practicable. The Operator may cancel the Booking in accordance with the Booking-Specific Terms. Any cancellation fee or refund will be calculated under the accepted cancellation policy and mandatory law; a missed deadline does not automatically make every amount paid non-refundable unless the policy clearly provides so and that result is lawful.

8. Travelers, cabins and occupancy

The lead Guest must provide accurate traveler names and requested information. Name changes, substitutions and transfers are subject to the Booking-Specific Terms, Operator approval, supplier restrictions and applicable charges.

Unless a private cabin is expressly selected and confirmed, a single traveler booking a place in a multi-occupancy cabin books shared accommodation. The Operator and TLC will seek same-gender sharing where reasonably possible if that arrangement was stated at booking. If no suitable share is available, the options and any single supplement will be communicated before confirmation or handled under the accepted terms.

9. Diving qualifications, health and conduct

Each traveler must satisfy the certification, experience, medical, age and insurance requirements stated for the tour and must follow lawful safety instructions from the Operator and crew.

The Operator may restrict diving, require a medical assessment or deny participation where reasonably necessary for safety or legal compliance. Whether this affects the Guest’s entitlement to a refund depends on the circumstances, Booking-Specific Terms and applicable law. Nothing in this section permits arbitrary or discriminatory treatment.

10. Passports, visas and travel arrangements

Guests are responsible for passports, visas, entry rules, vaccinations, permits and timely arrival at the stated embarkation point. Flights, hotels, transfers and other services are not included unless expressly listed in the Booking Summary. A delay, denied entry or missed departure caused by a Guest’s documents or independent travel arrangements is normally treated as a Guest cancellation or no-show under the Booking-Specific Terms, subject to mandatory law.

11. Changes requested by the Guest

A request to change travelers, dates, vessel, cabin or tour is not effective until accepted in writing. The Operator may apply the cancellation policy to the original booking and price the replacement as a new booking. TLC will disclose the available options and charges before processing the change.

12. Operational and itinerary changes

Routes, dive sites, ports, schedules and activities may change because of weather, sea conditions, safety, government requirements, environmental controls or other operational circumstances. The captain and Operator retain authority over operational safety. A minor or reasonable itinerary change that preserves the essential character and value of the tour does not normally entitle the Guest to cancel without charge. A material change—such as a substantial date change, materially shorter tour, materially different destination, or vessel substitution—will be communicated promptly with the options required by the Booking-Specific Terms and applicable law. An Operator may not substitute another vessel for a confirmed vessel without TLC’s review and the Guest’s informed acceptance where the substitution materially changes the Booking, except where immediate action is reasonably necessary for safety and the law permits it.

13. Cancellation by the Guest

Cancellation policies vary by Operator, vessel, destination, departure, rate and promotional condition. TLC does not apply one universal Guest cancellation schedule.

The policy applicable to the selected tour is displayed before the Guest submits the booking request or makes payment and forms part of the Booking-Specific Terms. The Guest must actively accept it. TLC will retain a record of the version accepted for the Booking.

A cancellation takes effect when TLC receives a clear cancellation notice through the designated channel. The refund, cancellation fee or Travel Credit—if available—will be determined under the accepted policy and mandatory applicable law.

If the accepted policy calculates a cancellation fee from the Total Booking Value, the fee may exceed the amount already paid. Any remaining amount is payable only where the policy clearly states this before booking and the charge is lawful and proportionate.

14. No-show and late arrival

A Guest who does not arrive by the required time may be treated as a no-show. The applicable cancellation policy will determine the financial consequence. The Operator should make reasonable efforts to assist where practicable, but neither TLC nor the Operator is required to delay departure or compromise safety.

15. Cancellation by the Operator

If the Operator cancels the confirmed tour, TLC will inform the Guest promptly and communicate the available options. Depending on the Booking-Specific Terms, the reason for cancellation and mandatory law, these may include:

• an acceptable replacement tour or vessel;
• a change of date;
• a Travel Credit voluntarily accepted by the Guest; or
• a refund of amounts legally due for the cancelled service.

The Guest is not required to accept a replacement or Travel Credit where applicable law provides a right to a monetary refund. Force majeure may affect entitlement to additional compensation, but does not automatically remove a refund right.

Unless the Booking-Specific Terms or mandatory law provide otherwise, TLC and the Operator are not responsible for independent costs such as flights or hotels following an Operator cancellation. Guests are strongly advised to obtain suitable insurance.

16. Force Majeure Events

A party affected by a Force Majeure Event must take reasonable steps to reduce avoidable loss and notify affected parties as soon as reasonably practicable.

Where a Force Majeure Event prevents or materially affects the tour, the available rescheduling, replacement, Travel Credit and refund options will be determined by the Booking-Specific Terms and mandatory law. A Travel Credit may be offered but does not replace a monetary refund where the Guest has a non-excludable right to one.

17. Refunds and Travel Credits

Refunds are normally processed in the original transaction currency and to the original payment method where reasonably possible. The amount received may differ because of exchange-rate movements or charges imposed by banks or payment providers. TLC will not deduct an undisclosed TLC administration fee from a refund.

The applicable refund-processing time frame will be communicated and remains subject to any shorter mandatory deadline. TLC will provide reasonable status information where recovery from the Operator or a third party is required, without limiting a right the Guest may have directly against TLC.

A Travel Credit is available only when stated in the Booking-Specific Terms or later offered and voluntarily accepted. Its value, issuer, eligible services, expiry, transfer-ability and treatment on expiry must be provided in writing before acceptance.

18. Operator insolvency or permanent unavailability

If an Operator becomes insolvent, ceases trading, loses required authority or permanently cannot provide the booked service, TLC will notify the Guest and make reasonable efforts to identify available recovery, replacement, reserve, charge-back or insurance options.

TLC does not promise comprehensive insolvency protection unless this is expressly stated for the Booking. Any Booking Protection Reserve maintained under TLC’s Operator arrangements is subject to its published scope and is not represented as statutory insolvency insurance. Nothing in this section limits a mandatory right against TLC, the Operator, a payment provider or another responsible party.

19. Travel and diving insurance

Comprehensive insurance is strongly recommended and may be mandatory for a particular tour. Guests should consider cover for cancellation, curtailment, medical treatment, diving incidents, evacuation, missed departure, force majeure, lost baggage and supplier insolvency. Insurance does not replace rights available under contract or law.

20. Complaints and assistance

A Guest should report an operational problem to the Operator as soon as reasonably possible so it can be investigated and, where possible, corrected during the tour. TLC may assist with communication and documentation.

After the tour, a complaint should be sent to info@theliveaboardcompany.com with relevant information. Prompt notice assists investigation, but failure to complain within a short period does not remove a legal right unless a lawful limitation period applies.

21. Responsibility and liability

The Operator is responsible for performance of the liveaboard service. TLC is responsible for its own booking-administration, information, communication and payment-handling obligations to the extent provided by contract and applicable law.

Nothing excludes liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by TLC’s negligence, failure to account for money TLC is legally required to hold or transfer, or any mandatory liability that cannot lawfully be excluded.

Subject to the preceding paragraph, TLC is not liable for indirect or consequential loss that was not reasonably foreseeable when the Booking was confirmed, or for an Operator’s independent act or omission that TLC did not cause, direct or expressly assume responsibility for.

Subject to the preceding paragraph, TLC’s maximum aggregate liability to any party shall not exceed the total amount paid for the specific booking, or $5,000 USD, whichever is lesser.

22. Governing law, mandatory rights and jurisdiction

These Booking Conditions and TLC’s booking-intermediary services are governed by the laws of the Republic of the Philippines. The liveaboard service contract may additionally be subject to laws applicable to the Operator and the place where the service is performed. No choice of law, cancellation policy or contractual term removes a mandatory consumer right that applies to the Guest and cannot lawfully be excluded.

The parties should first attempt to resolve a dispute through TLC’s complaints process. Subject to mandatory consumer-jurisdiction rules, disputes concerning TLC are subject to the courts of Puerto Princesa, Palawan, Republic of the Philippines, shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or in connection with these Terms.

23. Document priority and preserved booking version

If documents conflict, they apply in this order:

1. mandatory applicable law;
2. the Booking-Specific Terms accepted for the Booking;
3. these Guest Booking Conditions; and
4. the Terms of Use.

TLC will preserve or be able to reproduce the material terms accepted for a confirmed Booking. Later changes do not apply retrospectively unless required by law or expressly agreed by the affected parties.

24. General

If a provision is invalid or unenforceable, it will be limited or removed only to the minimum extent required. The remaining provisions continue in effect. A delay in enforcing a right is not a waiver. Electronic records, confirmations and communications may be used to evidence the Booking, subject to applicable evidentiary law.

25. Contact

The Liveaboard Company

Sitio Katumbal, Lucbuan, Puerto Princesa, Palawan

Booking support: info@theliveaboardcompany.com

Website: https://theliveaboardcompany.com/