Waiver Agreement and
Booking Terms and Conditions
Seventh Heaven Waiver Agreement
SEVENTH HEAVEN FIJI
(Seven Heaven Malolo PTE) referred to as “SHF” herein
WATER BASED ACTIVITIES PARTICIPATION
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
(To be completed by all Transferring, Snorkelling, and Swimming passengers and participants of all other activities on SHF or any other vessel owned or operated by SHF.)
I understand that the purpose of signing this document is to exempt and release SHF their owners, heirs, employees, sales agents, and all or any other associated personnel, and their equipment and boats (whether owned, operated, leased or chartered), hereinafter referred to as “Released Parties”, and to hold these entities harmless from any and all liability, injuries or death arising as a consequence of the following, or any other acts or omissions on their part, including but not limited to negligence of any type.
A. EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF WATER SPORTS ACTIVITIES
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED IN ALL WATER ACTIVITIES NOT LIMITED TO SNORKELING, SWIMMING, BOATING AND TRANSFERRING, RIDING ON ANY VESSELS (“Activities”) included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on jetty, docks and platforms and I HEREBY ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR ANY DAMAGES, LIABILITIES, LOSSES OR EXPENSES WHICH I INSUR AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES.
I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND ANY MINORS IN MY CARE, I AGREE TO DO SO.
I assert that I am physically fit to participate in Activities and that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities. I will not hold the Released Parties responsible if I am injured or die as a result of ANY problems (medical, accidental, or otherwise) which occur while participating in the Activities, or otherwise participating in any SHF’s excursions.
B. MEDICAL ISSUES
I fully understand that the involved SHF’s boat and associated vessels have limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
The participating SHF boat or any vessels have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, boats or passengers responsible for their actions in attempting the performance or rescue or first aid.
C. WAIVER AND RELEASE OF LIABILITY
IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES RELATED TO THE RELEASED PARTIES, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH THE ACTIVITIES, INCLUDED BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT, VESSELS OR ORGANIZATION OF THIS ACTIVITY.
In the event or a complaint or issue that I may have regarding my stay at the destination that SHF has transferred me to, IT IS MY FULL RESPONSIBILITY TO TACKLE MY ISSUE OR REQUEST FOR DISCOUNT OR REFUND COMPENSATION OF ANY SORT, IMMEDIATELY TO THE MANAGEMENT OF THE PARTICULAR DESTINATION ON THE DAY OF MY TRAVELING. SHF will not be held responsible for any issues in regard to a destination I may have, and understand no exceptions will be accepted.
I ALSO ACCEPT SHF OPERATE DAILY TRIP SCHEDULES AND WILL NOT BRING INDIVIDUALS BACK TO THE POINT OF ORIGIN OUTSIDE OF THESE SCHEDULES OTHER THAN FOR MEDICAL EMERGENCIES, EXTREME WEATHER CONDITIONS, TSUNAMI WARNINGS OR ACTS OF GOD, AND I WILL ABIDE BY THE CAPTAIN OF THE VESSEL’S INSTRUCTIONS AT ALL TIMES, and accept that no exceptions will be made.
I will not hold the Released Parties liable in any manner, should a mechanical breakdown, adverse weather conditions, or acts of God occur on tour causing a delay, loss of time and loss of services either at the location or returning to port.
D. UNCONDITIONAL RELEASE FROM LIABILITY
I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I have read this agreement, am aware that it is a release of liability and a contract between myself and the Released Parties. I consent to the release of liability at my own free will and agree to be bound by the agreement, from today, forever into the future.
Parental Consent (required if the participant is less than 18 years of age)
As the parent or legal guardian to the minor participant(s), I hereby consent and agree to his/her release as provided above of all Releases and, for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
SEVENTH HEAVEN FIJI
(Seven Heaven Malolo PTE) 以下简称为 “SHF”
Booking Terms and Conditions
Terms & Conditions Seventh Heaven
All prices are in Fijian Dollars and include Fiji Government taxes & levies (VAT, STT, Environmental & Climate Adaption Levy)
*Prices are per person and applicable for all guests aged 7+ years. Infants under 7 are not allowed due to safety reasons.
All inclusions are as indicated in the brochure and websites at time of travel. If not stated as included then item/s are at guests own cost.
For credit card payments a 3.5% administration fee applies (non-refundable).
Seventh Heaven reserves the right to alter prices, apply a fuel surcharge, cancel departures, arrange alternative transport and vary itineraries and services if necessary. All bookings are subject to sea and weather conditions particularly in the interest of passenger safety.
Should adverse conditions prevent operation, our liability is limited to offering an alternative cruise or appropriate refund no greater than the fare paid. The client is responsible for their own additional accommodation costs. Seventh Heaven is not responsible for missed flights due to late arrival at airline check-in counter whatever the cause.
Travel insurance is recommended for all bookings. Seventh Heaven shall not be held responsible for any property loss or damage and/or any claim resulting from personal injury or death arising whilst travelling with the company, participating in activities or other company property. This disclaimer applies irrespective of cause.
Seventh Heaven does not permit outside food or beverages to be brought to the pontoon.
Seventh Heaven cannot guarantee the position of your Infinity day bed.
Where another company or persons operate the service such as shore transfers and or private charters Seventh Heaven is acting only as a Sales Agent. Responsibility and liability for the operation lies with that operator.
Group bookings and Charters:
These Terms and Conditions DO NOT APPLY to group and charter travel. Separate booking conditions and payment terms will be provided with quotations and/or booking confirmations.
Cancellation fees – within 24 hours 25%. Within 12 hours 50%. No Show 100%. We strongly recommend you take travel insurance for unforeseen circumstances beyond your control.
Should we be unable to depart due to unforeseen events, either an alternative day will be offered or a full refund will be provided.