Terms Of Use

1. About these Terms

These Terms of Use govern access to and use of the website, applications, accounts, APIs and other technology services made available by The Liveaboard Company (together, the “Platform”).

The Platform is operated by The Liveaboard Company, a Corporation registered in the Republic of the Philippines under registration number 98555632, with registered address at Sitio Katumbal, Barangay Lucbuan, Puerto Princesa, Palawan, Philippines (“TLC”, “we”, “us” or “our”).

By accessing or using the Platform, a user agrees to these Terms. A person who does not agree must not use the Platform.

A Guest who submits a booking request must also accept the Guest Booking Conditions and the Booking-Specific Terms presented for the selected tour.

2. Definitions

• “Guest” means a person who searches for, requests, pays for or participates in a booking.

“Operator” means the independent liveaboard company, vessel owner, charter company or other travel-service provider identified in the Booking Summary.

• “Booking-Specific Terms” means the Operator identity, tour details, price, payment schedule, cancellation policy and special conditions displayed and accepted for a particular booking.
• “Content” means text, photographs, video, data, reviews, software, designs and other materials available through the Platform.
• “User” means any person accessing or using the Platform, including a Guest or Operator representative.

##3. Platform purpose and TLC’s role

TLC operates an online marketplace and booking-support service dedicated to liveaboard travel. The Platform may provide destination discovery, tour and vessel information, availability enquirer, booking administration, payment collection support, communications, guest guidance and related technology services.

Unless expressly identified otherwise in writing, TLC does not own or operate the vessel and does not itself provide the liveaboard, diving, accommodation, transport or other travel services listed by an Operator.

The Operator identified before booking is the provider of the liveaboard service and is responsible for its performance, vessel operations, crew, safety procedures, licenses, insurance and compliance with applicable law.

TLC remains responsible for performing its own platform, booking-administration, communication and payment-handling obligations with reasonable care and skill. Nothing in these Terms excludes responsibility that cannot legally be excluded.

4. Eligibility and accounts

A User must be at least 18 years old and legally capable of entering into binding agreements. A User creating an account or booking for other travelers confirms that the User is authorized to provide their information and accept applicable conditions on their behalf.

Users must provide accurate, current and complete information; protect account credentials; promptly report unauthorized access; and remain responsible for activities performed through their accounts except to the extent caused by TLC’s failure to maintain reasonable security.

5. Information on the Platform

Operators supply much of the vessel, tour, itinerary, availability, cabin, certification and policy information displayed on the Platform. TLC may review information for completeness and consistency, but operational information can change.

TLC will take reasonable steps to correct material errors brought to its attention. Images may be illustrative, and marine-life sightings, weather, routes and specific dive sites are never guaranteed.

A material discrepancy affecting a confirmed booking will be handled under the Guest Booking Conditions and the Booking-Specific Terms, not solely under this section.

6. Acceptable use

A User must not:

• use the Platform unlawfully, fraudulently or to harm another person;
• attempt unauthorized access, security testing, scraping or interference except where expressly permitted in writing;
• submit false reviews, fraudulent bookings or misleading information;
• introduce malicious code or overload Platform infrastructure;
• copy, resell or commercially exploit the Platform or Content without permission; or
• circumvent payment, security or account restrictions applicable to the User.

7. Intellectual property

The Platform, TLC branding, software, databases, designs and TLC-created Content are owned by TLC or its licensor and protected by applicable intellectual-property laws. Operators and other licensor retain ownership of materials they supply.

TLC grants Users a limited, revocable, non-exclusive and non-transferable right to access and use the Platform for personal travel planning and booking, subject to these Terms.

8. User content and reviews

A User submitting a review, image or other material confirms that the User has the right to do so and grants TLC a worldwide, non-exclusive, royalty-free license to host, reproduce, format and display that material for Platform operation and promotion.

TLC may moderate or remove content that is unlawful, fraudulent, irrelevant, abusive, privacy-infringing or inconsistent with published review standards. TLC will not alter a genuine review solely because it is unfavorable.

9. Third-party services and links

The Platform may integrate payment providers, mapping services, communication tools or third-party websites. Their separate terms and privacy practices may apply. TLC is not responsible for an independent third party’s service except where TLC has expressly assumed responsibility or applicable law provides otherwise.

10. Platform availability and security

TLC aims to provide a secure and reliable Platform but does not promise uninterrupted or error-free access. TLC may maintain, update, restrict or suspend technical functions where reasonably necessary for security, legal compliance, maintenance or service improvement.

Where reasonably possible, TLC will avoid changes that unnecessarily interfere with an active booking and will provide appropriate notice of material planned interruptions.

11. Suspension and termination

TLC may restrict or terminate a User’s Platform access where the User materially breaches these Terms, creates a security or fraud risk, violates applicable law or fails to remedy a remediable breach after reasonable notice.

Suspending an account does not by itself cancel a confirmed booking or remove payment obligations. Existing bookings will be handled under the Guest Booking Conditions and Booking-Specific Terms.

12. Disclaimers

To the extent permitted by law, TLC does not guarantee weather, sea conditions, marine-life encounters, particular dive sites, uninterrupted vessel operation, or an Operator’s continuing solvency. These limitations do not exclude TLC’s responsibility for information, promises or services for which TLC is legally responsible.

13. Liability

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by TLC’s negligence, TLC’s failure to account for money it is legally required to hold or transfer, or any liability or mandatory consumer right that cannot lawfully be excluded or limited.

Subject to the preceding paragraph and to the maximum extent permitted by law, TLC is not liable for indirect or consequential loss that was not reasonably foreseeable when the relevant contract was formed.

TLC is not responsible for the Operator’s independent performance of the liveaboard service, but this does not exclude liability arising from TLC’s own acts or omissions, including a material booking-administration error, misleading representation attributable to TLC, or mishandling of a payment.

Any financial cap on TLC’s liability must be stated here only after review by Philippine counsel and must not apply where prohibited by law. 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.

14. Privacy and electronic communications

TLC processes personal information in accordance with its Privacy Policy. By using electronic booking and communication functions, Users agree to receive contractual notices electronically. Marketing communications are governed by the choices and legal bases described in the Privacy Policy.

15. Changes to these Terms

TLC may update these Terms for legal, security, technical or operational reasons. The current version and effective date will be published on the Platform. Material changes will be notified where reasonably practicable.

A change to these Terms does not retrospectively alter a confirmed booking. A confirmed booking remains subject to the documents accepted when it was made unless a change is required by law or expressly agreed by the affected parties.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of the Philippines. This choice does not deprive a consumer of mandatory protections that apply under the law of the consumer’s habitual residence and cannot lawfully be excluded by agreement.

Before commencing formal proceedings, a User should contact TLC and allow a reasonable opportunity to investigate and respond. Nothing in this section restricts access to a regulator, consumer-protection body, court, or dispute-resolution process where such access cannot legally be restricted.

Subject to mandatory consumer-jurisdiction rules, 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.

17. Document hierarchy

For a confirmed booking, documents apply in the following order of priority to the extent of any conflict:

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

18. General provisions

If any provision is invalid or unenforceable, it will be limited or removed only to the minimum extent required, and the remaining provisions will continue in effect. A delay in enforcing a right is not a waiver. A User may not assign contractual rights without TLC’s written consent, except where applicable law provides otherwise. TLC may assign these Terms as part of a genuine business transfer provided this does not materially reduce a consumer’s rights.

19. Contact

The Liveaboard Company

Sitio Katumbal, Lucbuan, Puerto Princesa, Palawan, Philippines

Email: info@theliveaboardcompany.com

Website: https://theliveaboardcompany.com/