348577 BC Limited, dba Fly & Sea Dive Adventures (the “Travel Agency”) has advised me that because of the worldwide effects of the Coronavirus, Covid 19, (“Covid 19”) it cannot provide any representations about any location or travel service that I am booking, for myself and everyone else who is a part of the booking.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE that I, and everyone who is a part of the booking I am going to make with the Travel Agency is waiving certain rights and I acknowledge, for myself and everyone who is part of the booking, that:
- Covid 19 is active, worldwide, with associated health risks and restrictions that could, without warning, affect and cause significant disruptions, cancellations and changes to any and all travel arrangements, by way of Covid 19 outbreaks, sudden border closures, quarantine and lockdown orders, airport closures, government travel advisories, return-home directives, hospitalisation for treatment and other similar consequences; and consequences not reasonably foreseeable at this time (collectively referred to as the “Covid 19 Risks”);
- I and everyone who is a part of the booking have had professional advice as to personal health condition and medical needs and I warrant that I and everyone who is a part of this booking is fit to travel; and
- any travel insurance policy obtained by me or anyone else who is a part of the booking, may not include insurance coverage for travel service cancellations, interruptions financial, medical or other Covid 19 Risks, and all types of coverage must be confirmed with the travel insurer.
NOTWITHSTANDING THE ABOVE, I and everyone who is a part of the booking, have decided to proceed with the travel arrangements that I am asking the Travel Agency to book for me/us and I/we agree that:
- by going ahead with the travel arrangements, I/we voluntarily assume all the Covid 19 Risks and other risks involved with such travel, whether those risks are expected or unexpected;
- in the event that some or all of the travel arrangements are cancelled, interrupted or otherwise affected by the Covid 19 Risks, my/our rights and remedies shall be as determined and limited by the cancellation, rebooking, refund and other policies and the terms and conditions of the supplier of the affected travel service, as set out in its brochures and/or websites, all of which have been referred to me by the Travel Agency;
- in no circumstances will the Travel Agency, its employees, directors, contractors, and agents, be liable to me/us, or any other person, for any refund, loss, damage, delay or injury resulting from any cancellation, interruption, or other event or a failure of any supplier to provide any travel service to me/us, or for any other breach of contract or the intentional or careless act or omission of any supplier of any such travel service;
- I/we hereby waive all and any rights or claims that I/we, our heirs, assigns or any other person may have against the Travel Agency arising directly or indirectly from the occurrence of any Covid 19 Risks, or the failure, whether negligent or otherwise, of the Travel Agency to inform of any Covid 19 Risks or precautions to take or required documents;
- this waiver and release of liability is in addition to the terms and conditions of the Travel Agency and the terms and conditions of the suppliers providing the travel services that are part of the booking;
- if any part of this waiver and release of liability is found to be unenforceable that will not affect the enforceability of any other part, each of which is severable from any unenforceable part.