Hello and thank you for using Aplaya! Please read these terms and conditions carefully, as they contain important information about your legal rights, remedies and obligations. By using the Aplaya website and engaging the services of Aplaya, you agree to comply with and be bound by these terms and conditions.

These terms and conditions (“Terms”) constitute a legally binding agreement between you and Aplaya (as defined below), governing your use of the Aplaya website located at https://goaplaya.com, including any subdomains thereof, and any other websites through which Aplaya makes its services available (collectively, “Website“), and all associated services (collectively, “Services“). The Website and Services together are hereinafter collectively referred to as the “Aplaya Platform.” When these Terms mention “Aplaya,” “goaplaya.com, “we,” “us,” or “our,” it refers to the Aplaya company you are contracting with.

As a condition of your use of the Aplaya Platform, you warrant that (i) you are at least 18 years of age; (ii) you have the legal authority to enter into a binding legal obligation; (iii) you will only use this Website to make legitimate reservations for you or for other persons; and (iv) all information that you provide to us via the Aplaya Platform is true, accurate, current and complete.

We reserve the right to make changes to these Terms at any time by posting the updated version on the Website and updating the “Last updated” date at the bottom of these Terms. Any such changes will immediately become effective when we post them.

1. Scope of Service

The Aplaya Platform is an online marketplace that enables users (“Guests”) to make reservations (“Bookings”) with the hotels, dive centers and other service providers (collectively, “Service Providers”) listed on the Website. Bookings may include the offering of hotels or other properties for use (“Accommodation”), diving services, facilities and equipment (“Diving”), single or multi-day activities in various non-diving related categories (“Non-Diving Experiences”), and a variety of other travel and non-travel related services. We do not charge you for the use of the Website.

We act solely as an intermediary between you and the Service Providers. A Booking created through the the Website and the Aplaya travel agents (“Aplaya Team”) will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (“Service Provider Policy”). You are solely responsible for reading and understanding the Service Provider Policies prior to finalizing a Booking through us.

We do not endorse any of the Service Providers listed on the Website and we make no representations with respect to the quality, safety, or suitability of the services they offer, or their ability to deliver these services. Information displayed on the Website is based on information provided by the Service Providers on their respective official websites. We do not take responsibility for inaccurate, incomplete, unreliable, or misleading information on a Service Provider’s official website; or any act or omission of the Service Provider’s directors, officers, agents, employees, or contractors.

2. Bookings

A Booking is made with us when:

  1. you tell us in writing that you would like to accept our written quotation;
  2. you pay a deposit or make a full payment to us; and
  3. you receive a Booking confirmation email from us.

Upon receipt of a Booking confirmation email from us, a legally binding agreement is formed between you and the Service Provider(s), subject to any additional Service Provider Policies that apply.

Your Booking is not confirmed until we have received your deposit. If you accept the quotation you have received from us, you are obliged to make a down payment within 7 days to secure your booking. Aplaya respects the payment terms of each partner resort, therefore the payment terms of your booking will be clearly stated in your confirmatin email, depending what partner resort or resorts is (are) part of your confirmed booking. The terms of the final payment of the remaining balance will also differ from resort to resort. These terms will be stated clearly as well in your confirmation email. We reserve the right to return your deposit and decline to issue a Booking confirmation at our discretion. We strongly advise you to make other related travel arrangements, including flights, only after your Booking is confirmed.

Availability

Any Accommodation, Diving, Non-Diving Experiences, and promotions that you request are dependent on availability at the time of your request. If the Accommodation, Diving, and/or Non-Diving Experience that you request is not available, we will search for and suggest alternatives to you.

Pricing

Unless otherwise indicated, all prices listed through the Aplaya Platform include the cost of the base service related to the Service Provider’s listing on the Website, excluding mandatory surcharges, taxes and levies (collectively, “Surcharges”). Surcharges can include fees for national parks, boat dives, night dives, essential trip supplements or dive gear beyond dive guide(s), tanks, weights and weight belt. Surcharges, if applicable, are indicated in the quotation we provide to you, but may be subject to change after the Booking has been confirmed, based on changes in local conditions beyond our control. A change in Surcharges is not a legal basis for you to cancel a booking.

All fees, costs and Surcharges are payable to us in the currency indicated in the booking confirmation. The currency exchange rate on the Website is for informative purposes only, and the applicable exchange rate is determined on the date of payment and may be different from the exchange rate at the time of booking. Your payment provider (your credit card company or bank) may charge conversion or other fees and apply another date’s currency rate.

Best Price Guarantee

When you make a Booking with us and subsequently find a better price somewhere else online, we will match the lower price and give you a US$50 voucher that you can use for your next Booking with us. This Best Price Guarantee applies only to Accommodation reservations that were booked directly through the Aplaya Platform, and only to rates that are publicly available on any English-language hotel booking website other than Aplaya at the time we verify your Best Price Guarantee claim. The lower hotel rate on the non-Aplaya website must refer to the final rate inclusive of taxes and fees, and must be listed in the same currency as the rate you booked through us.

Changes to Your Booking

If you wish to change any part of your Booking after you have paid the deposit, the lead Guest (the first person named on the Booking) must inform us via email as soon as possible. We will do our best to accommodate any changes you request but we cannot guarantee that your request will be ultimately met. Any approved changes will be subject to any applicable price adjustments or extra costs incurred, any costs incurred by Aplaya, and any costs or charges incurred or imposed by the associated Service Providers. If we are unable to make any changes you request and you do not wish to proceed with the original Booking, we will consider this as a cancellation by you, and any applicable cancellation fees will apply.

We reserve the right to make changes to, or cancel your confirmed Booking, at any time. However, we will not cancel your Booking less than 60 days before the start of your trip, except for reasons of force majeure or your failure to settle the final balance of your Booking. If we make a major change to your Booking, we will inform you as soon as reasonably possible.

An example of a minor change is a change of Accommodation to another of the same or higher standard.

Examples of major changes include the following:

  • a change of Accommodation for a significant part of, or your entire trip;
  • a change of Accommodation to that of a lower standard or classification for a significant part of, or your entire trip;
  • a significant change to your itinerary, which can result in your missing out one or more destinations entirely.

If we need to make a major change or cancel the Booking entirely, we will tell you as soon as possible, and if there is time to do so before your trip starts, we will offer any one of these options:

  • accept the changes;
  • receive a full refund for all monies paid; or
  • accept an offer of alternative travel arrangements of comparable standard from us, if available, and we will refund any price difference if the alternative is of a lower standard or value.

You are obliged to tell us via email which option you choose, within 36 hours of our offer. If we don’t hear from you within that time frame, we will consider it as your acceptance of the proposed changes.

Additional Documents Required

You agree that before you request a Booking on the Aplaya Platform, you have reviewed the Service Provider’s requirements, including but not limited to minimum diving certification, diving insurance, required personal information, and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with these requirements; if you are unable to comply with them, it may result in your inability to use the Booking, and a late cancellation fee may apply.

To complete a booking, we may also require additional information from you, including but not limited to passport photocopies, proof of travel insurance and health certificates. You are obliged to provide this information within the 7 days of paying the required downpayment to secure your reservation, for all the Guests covered under the Booking. We reserve the right to cancel the Booking according to the applicable Booking policy in case you do not provide this information or you do not provide it on time.

Special Requests

If you have any special requests, you must advise us at the time of booking. This includes dive equipment rental, dietary preferences, and any health issues. We will advise the Service Provider of your request and we will make every effort to fulfill it, but we cannot guarantee that it will be fulfilled. Failure to meet any special requests is not a legal basis for you to cancel a Booking, unless we have explicitly confirmed in writing that a particular request will be met.

Medical Issues or Disability

If you or any member of your party has medical issues or disability that may cause problems during your trip, you must tell us before we confirm your Booking so that we can advise you of the suitability of your trip arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in all of the activities you have booked, including diving. If we are unable to properly accommodate the needs of the Guest(s) concerned, we will not confirm your Booking. If you did not inform us of any medical issues or disability at the time of booking and we are made aware of it only after your Booking has been confirmed, we will cancel your Booking and impose any applicable cancellation charges.

3. Payments

We accept the following payment methods:

  1. Direct bank transfer in EUR, direct to our European bank account
  2. Bank transfer via TransferWise
  3. Payment via PayPal (a 2.5% processing fee will be added on top)

For direct bank transfers and transfers via TransferWise, you must instruct your bank or TransferWise that all related transaction fees (at both ends of the transaction) are charged to you.

The relevant bank account details or email address for each of the payment methods will be shown on your Booking invoice.

4. Cancellation & Refunds

If you or any member of your party decides to make a cancellation request, you must notify us via email. Your notice of cancellation will only take effect when we receive it, and will be effective from the date on which we receive it. Different cancellation policies may apply to each service booked, and by making a Booking, you agree to each of their separate cancellation policies.

Before Your Trip Starts

If you accept a quotation you receive from Aplaya, you are obliged to make a down payment within 7 days to secure your booking. The amount of the down payment will be clearly stated in your confirmation email. The terms and conditions of the remaining balance will also be stated clearly in your confirmation email sent by Aplaya. If we do not receive proof that you have made a deposit within seven (7) days from your acceptance of a Booking quotation, the quotation becomes void.

Since we incur costs in cancelling your Booking, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charges detailed are calculated on the basis of the total cost payable by the Guest(s) cancelling, excluding amendment charges which are not refundable in the event of the Guest(s) to whom they apply cancelling. Aplaya respects the cancellation terms of all partner resorts. All cancellation policies will be clearly stated in your confirmation email.

Transferring Your Spot to Someone Else

If any member of your party is unable to continue with your trip, that Guest(s) may give their spot to someone else (introduced by you and satisfying all the conditions applicable to the Booking), providing we are notified more than 30 days before your trip starts and you meet all relevant amendment costs and charges incurred by us and/or incurred or imposed by any of the relevant Service Providers. The replacement Guest must agree to these Terms and all other conditions associated with the Booking. If you are unable to find a replacement, cancellation charges as set out will apply. Otherwise, no refunds will be given for Guests who are unable to continue with their trip or unable to use any of the booked services.

Cutting Your Trip Short

If you are forced to return home early, under circumstances where you have no reasonable cause for complaint about the standard of Accommodation and Services provided, we cannot refund the cost of any pre-booked Accommodation, Diving and/or Non-Diving Experience you were unable to use. Nevertheless, we will communicate with our partner resort to provide a voucher for services that were not used. The terms and condition of a possible voucher will be the responsibility of the resort or the the dive center. Again it is the service providers decision to provide such a voucher or to deny it. We are also not liable for any associated costs you may incur.

If the Service Provider Is Unable to Provide Diving

The Service Provider reserves the right to cancel or suggest providing Diving at an alternative date in the event that weather conditions make it unsafe to provide Diving on a date specified in the Booking. In such cases, the respective Service Provider Policy will apply. If the Service Provider is permanently unable to deliver Diving as a result of force majeure, the Service Provider will use commercially reasonable efforts to notify you without delay and will act according to their respective Service Provider Policy regarding such situations. Neither Aplaya nor the Service Provider is to be held responsible for ancillary costs such as airfare, or any other costs that are not directly related to providing Diving. As such, we strongly recommend that you acquire private travel insurance.

5. Liability Disclaimer

If we or one of our Service Providers negligently perform or arrange the Services which we are obliged to provide for you, as set out on your Booking confirmation, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors, such as but not limited to the extent to which ours or our Service Providers’ negligence affected the overall enjoyment of your trip. If you wish to make a claim against us, please note that it is your responsibility to show that we or our Service Provider(s) have been
negligent.

We will not be held responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

  • the act(s) and/or omission(s) of the Guest(s) affected;
  • the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
  • unusual or unforeseeable circumstances beyond ours or our Service Providers’ control, the consequences of which could not have been avoided even if all due care had been exercised; or
  • an event which either ourselves or Service Providers could not, even with all due care, have foreseen or forestalled.
Untoward Incidents

All Guests who have booked with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your Booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims, including legal costs, subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your Booking or with us.

Other Activities

Other activities that you may choose to book or pay for, whilst you are taking part in the trip that you booked through Aplaya, are not part of your Booking with us. For any activities that you book outside of your Aplaya Booking, your contract will be with the operator of the activity or excursion, and not with us. We are not responsible for the provision of the activity or for anything that happens during the course of its provision by the operator.

Passport, Visa, Immigration and Health Requirements

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information regarding this. Requirements may change and you must check the requirements for your own specific circumstances with the relevant embassies and/or consulates and your own doctor as applicable. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration, and health requirements.

Conditions of Service Providers and Suppliers

We do not take responsibility for any changes and adjustments made by our Service Providers or their suppliers, including schedule changes, fuel surcharges and increase in entrance fees, any of which could change the overall cost of your trip. We cannot assume any liability or monetary losses whatsoever for any injury, damage, death, loss, accident or delay to person or property due to an act of default of any Service Provider, or by an act of God.

We also do not assume any liability or monetary losses for any damages due to sickness, pilferage, labor disputes, mechanical breakdown, quarantine, government restraints, weather or other causes beyond our control. We do not take responsibility for any additional expense, omissions, delays, overbooking, strikes, re-routing or acts of any government or authority.

We cannot be held liable for and will not accept responsibility for personal injuries, property damage, or wrongful death that may occur during any diving activities that you join whilst on your trip, as a result of the inherent risks associated with scuba diving, or any activity offered by the Service Provider, or as a result of acts or omissions by third parties.

Force Majeure

Except where otherwise expressly stated in your Booking confirmation, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, epidemics of pandemics, chemical or biological disaster and adverse weather, tropical storms, sea and river conditions and any similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute force majeure.

6. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Aplaya’s option), indemnify, and hold Aplaya and its affiliates and subsidiaries, including but not limited to, Aplaya officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Aplaya Platform or any Aplaya Services, or (iii) your breach of any laws, regulations or third party rights.

7. General Provisions

You agree that you will not use the Aplaya Platform for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce or re-sell any information, content, services, products, images or software on the Website without explicit reference to Aplaya.

Last updated: February 1, 2023
These Terms are subject to change without prior notice.
If you have any questions about these Terms, please email us.