Terms of Use

Welcome to https://seanses.com/, the website of Seanses LLC. These Terms of Use govern your use of the Platform and contain terms and conditions specific to the services rendered by us, including any Bookings you make with or through us via email, social media, telephone or the Platform. These Terms of Use must be read in conjunction with the Privacy Policy, Disclaimer and terms in any invoice issued to you by us; together these documents form a valid and legally binding agreement between yourself and the Platform.   In addition to this, you agree that each Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each service, such as hotel reservations (including cancellation and refund policies), packages, experiences and activities. You shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of each Service Provider.

1.DEFINITIONS

The following definitions apply to capitalized words in the Terms of Use:

2. CONSENT

By visiting the Platform, you confirm that you are at least eighteen (18) years of age which is legal age to form a binding contract, and are not a person or entity barred from entering into contracts or trade or business under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. If you disagree to be bound by the Terms of Use, please do not use the Platform, do not make any Bookings with us, nor seek association or services with us, in any way (directly or indirectly).

3. SITE ACCESS

The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces however we give no warranties or guarantees on which devices the Platform may be accessed. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable license to:

a. access and use the Platform solely in connection with its indicated use; and

b. access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use, is reserved by us.

You are not permitted to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform. You hold responsibility to be fully aware of the laws that govern your relationship with the Platform.

We do not wish to (directly or indirectly) engage with any user that has international or local sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. Please do not approach us for Bookings nor apply for Reservation Requests if you or any traveller on your intended itinerary falls within a similar sanction.

4. RESERVATIONS

Reservation Requests may be made on the Platform through the ‘Inquire Now’ tab, or via telephone, email or our social media channels.

a. Inquire Now: This feature is available on the Platform. You may send us a Reservation Request by disclosing basic personal information to us, such as your preferred destination, proposed travel dates, full name, country of residence, number of travellers, indicative age of any minors proposed to travel with you, phone number and country code and an optional personal message for us. We will assess the information you submit and send a Booking quotation to your email address, as soon as practically possible.

b. Reservation via email, WhatsApp, social media or telephone: When you send us a Reservation Request here, we may request you to disclose basic personal information related to your travel, prior to sharing a Booking quotation with you. This process may require an exchange of more than one (1) email, message or telephone call between us. 

c. We reserve the right, at any time and without reason, advance notice, limitation or liability to deny a Reservation Request at our sole discretion. You agree to provide accurate and complete information to us at all times in order to enable creation of the Booking. You are prohibited to use a false email address or impersonate a person or an entity at any time during your engagement with us.

d. You are solely responsible for the type and level of disclosures of information you make to us. Our commitment to confidentiality is in accordance with our Privacy Policy.

e. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.

5. BOOKINGS AND CONFIRMATIONS

An authorised personnel of the Company will send you a Confirmation Letter via email and the terms of your invoice will be applicable to the Booking. The confirmation email will constitute the Confirmation Letter, invoice and additional terms and conditions of the relevant Service Provider, which together will form a legally binding written agreement between the Company and you. Any other correspondence between us shall not be representative or indicative of a confirmed Booking. For the avoidance of doubt, Booking quotations, proposals, negotiations, telephone calls, social media messages, WhatsApp messages, discussions, email chains and Reservation Requests shall not constitute confirmation of a Booking.

6. BOOKING PRICES

a. Our Booking quotations are offered in the currency United States Dollars (USD) and Euro (EUR). The quotations are dynamic owing to various industry forces and therefore, are valid only for 24 hours. You acknowledge that quotations may vary, without advance notice or reason. At any point in time, we may not be in a position to re-offer a quotation that we have previously shared with you. You agree and accept dynamic pricing applicable to Bookings at all times, and you agree to waive all and any claims against the Company and Platform in this respect.

b. Once you accept a Booking quotation, we will provide you an invoice of the agreed price for your Booking. It is important to check the details on the invoice as soon as you receive it. In the event of any discrepancy please contact us immediately. All invoices contain a validity period of 24 hours. Upon expiry of such validity period, the invoice shall become null and void, together with the Booking quotation. 

c. Payments may be made via wire transfer or Stripe or Faloosi payment gateways available on the Platform, using your credit or debit card in the agreed currency and in such case your credit or debit card will be charged at the time the purchase is made. All credit card payments will be subject to a service charge. We DO NOT collect and do not intend to collect, any financial information, including CVV or credit card pins. Any data or personally identifiable information collected at the time of processing the transaction shall not be stored, sold, shared, rented or leased to third parties. It is your responsibility to check with your bank any additional service charge, loyalty or convenience, finance, foreign exchange or other charges, prior to making a purchase on the Platform. The Platform shall not be held responsible or liable for any excess charges made by banks during a bank or wire transfer. 

d. You will be responsible for payment of all applicable taxes.

7. CHANGES TO BOOKINGS

a. If you wish to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by you.

b. Any feasible changes will be subject to an administration charge of United States Dollars Fifty (USD 50) per amendment for a Maldives booking and Euros Fifty (EUR 50) for a Seychelles or Mauritius booking, together with any further costs and expenses incurred as a result of the change.

c. You may request to change your original confirmed Booking for a lower value, at our sole discretion and written approval, provided that we reserve the right to levy cancellation charges on the value of the original booking.

8. CANCELLATION AND REFUND POLICY

a. You are required to notify us in writing if you require your Booking to be cancelled. You agree and acknowledge that cancellations and refunds are subject to the terms of the invoice issued to you by us, and terms and conditions of the Service Providers pertaining to your Booking. In case of a conflict, the terms on invoice shall prevail.

b. If you fail to arrive on a certain date to fulfil a Booking and do not cancel your Booking in accordance with this clause 8, your Booking will be considered a no-show (“No Show Booking”). A No Show Booking may be charged subject to the terms of the invoice issued to you by us, and terms and conditions of the Service Providers pertaining to your Booking.

c. All refunds, if applicable, shall be made to you via wire transfer.  

9. HOLIDAY AND HEALTH INSURANCE

You shall be responsible to arrange for adequate travel insurance with full cancellation cover for all travellers of a confirmed Booking, prior to your travel dates. Please ensure you read the policy details carefully and carry take a copy of the insurance policy with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your needs. You agree to waive any and all claims against the Company and Platform in this respect. 

10. EXPERIENCES AND OTHER SERVICES

a. Experiences that form part of your package: On occasion, we are able to arrange various ‘experiences’ such as fishing, as part of your Booking package that are pre-booked and pre-paid by you prior to your scheduled date of departure. You agree and accept that Company is only a booking intermediary between the Operator and yourself, and therefore the Company is not liable for any cancellations, satisfaction value, injuries, damage, illness or death caused (directly or indirectly) from the experience. You agree that all travellers may be required to submit disclaimer forms or other documents (both personal and third-party) at the Operator’s request. These ‘experiences may require you to be in good physical and mental health and, by booking with us, you confirm that all travellers of the Booking are in good health with no medical history that would make it dangerous for them to participate in the experience. All travellers must always observe relevant safety instructions of the experience. The experiences may be subject to certain pre-requisites, if not met, the experience may be cancelled at short notice by the operator. In such circumstances, you are required to notify us in writing and we will liaise with the organizer and initiate a refund of the entire amount pertaining to the respective experience, provided always that the experience is cancelled for no fault of the traveller or travellers.  The refund may take up to thirty (30) days to process. but we will not have any other liability (including compensation). You will not be entitled to a full refund if you cancel a pre-booked experience and cancellation charges may be applicable, at our sole discretion.

b. Experiences that do not form part of your package: We also offer assistance to reserve certain ‘experiences’ with your Booking, that are pre-booked and paid locally by you at that venue of the experience. In these circumstances, we only act as a booking agent for the operator of the experience concerned. Your contract will therefore be with the local operator which provides it, and it does not form part of your contracted holiday arrangements with us. The contract will be subject to the local operator’s terms and conditions, some of which may exclude or limit its liability to you and will be governed by local law and jurisdiction. We accept no liability for any breach of contract or negligent act or omission of any excursion/activity provider.

c. We also can arrange for services such as transfers, domestic flights, excursions and personal concierge services at additional costs, subject to the terms and conditions of the Service Providers that we partner with.

11. SPECIAL REQUESTS

Any special requests for your Booking, including but not limited to dietary limitations, room/villa location, twin or double bed room, a particular facility at a hotel, must be notified to us in writing when you confirm the Booking. We are happy to pass your request on to the hotel but cannot guarantee these will be accommodated. The provision of any special request does not constitute a term of your contract with us.

12. WEATHER

World weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions.

13. COVID-19 TRAVEL WAIVER

a. Due to the ongoing COVID-19 pandemic, you acknowledge and fully understand that travel arrangements and experiences may be interrupted or cancelled by the associated travel supplier, Operator, Service Provider, government entity, or third party outside our control, for unforeseeable reasons.

b. You also understand and acknowledge that travel involves the risk of a variety of hazards to health and/or safety, including but not limited to, injury, illness, disease, epidemics, and/or pandemics. You expressly understand and agree to assume all such risks associated with travel, whether or not specified herein. You further understand and acknowledge that we have no control over the associated travel supplier’s policies which, in addition to applicable law, will solely govern any cancellation, rebooking, and refund related to these travel arrangements.

c. You also understand and acknowledge that the purchase of travel insurance is highly recommended and that coverage for circumstances such as these depends on the specific policy that you purchase. The travel insurance policy obtained by you to cover these travel arrangements will dictate any coverage for financial loss resulting from these circumstances.

d. You hereby agree to hold the Company, its representatives and the Platform harmless and release them from any and all liability for any damages including without limitation, monetary losses, damage to person or property, illness, disease, delays, negligence or inconvenience, that you may incur as a result of the circumstances described herein.

14. EXCLUSION OF LIABILITY

It is agreed that the Company or Platform shall not be liable to the travellers or any other person for any loss, damage, liability, expenses or costs suffered or incurred by any traveller, including any loss, damages, liability, expenses and costs arising from any loss of, damage to or theft of personal property. You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Company and Platform hold no liability to any traveller for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, inaccurate pricing due human or technical errors, damages for loss of profits, software glitches, goodwill, use, data or other intangible losses, resulting from use of the Platform. Taking into account the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the value of the specific product, to which any liability relates.

15. ANTI – MONEY LAUNDERING AND SANCTIONS

a. You acknowledge that due to anti-money laundering and sanctions regulations within respective jurisdictions, we and/or any person acting on behalf of us may require further documentation to verify the travellers’ identity and the source of funds used to pay for the service before a Booking can be confirmed. You further agree to provide us at any time with such information as we determine to be necessary and appropriate to verify compliance with the anti-money laundering and sanctions regulations of any applicable jurisdiction, or to respond to requests for information concerning the identity of the travellers from any governmental authority, self- regulatory organization or financial institution.

b. We reserve the right to suspend and/or terminate performance of our obligations under these Terms of Use in the event that a traveller is suspected of breaching international standards on anti-money laundering and/or is a restricted person.

16. ONLINE COMMUNICATION

The Platform engages with you on the website via notices, via emails in the nature of receipts, brochures, pamphlets, advertisements, response to feedback and details relevant to Booking. You consent to all electronic communication between us. The Platform also connects you to its social media accounts on Facebook and Instagram. The Platform is under no obligation to review the content being shared on these mediums and assumes no responsibility or liability for the content shared. Notwithstanding the above, the Platform has discretion to delete any comment, post or message uploaded by you on our social media account page, or delete any email exchanged between us, or review posted by you on the Platform; any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you.

17. THIRD-PARTY SITES

a. The Platform may include advertisements or banners or options with external links on to Third-party Sites. Once you click or access these Third-party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third-party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-party Sites. You will access and use these Third-party Sites at your sole risk and liability. You also agree not to link any other site or Third-party Sites to the Platform without our express prior written consent and approval.

b. The Third-party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers and audience segment providers. These Third-parties Sites may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-party Sites may collect. The information practices of these third parties or Third-party Sites are not covered in these Terms of Use or Privacy Policy. 

18. SUBMISSIONS ON THE PLATFORM

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address hello@seanses.com. Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by you. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.

19. INTELLECTUAL PROPERTY

The entire content of the Platform including but not limited to text, designs, course names, brochures, checklists, templates, graphics, photographs, video, interactive presentations, photographs, software, logos, text, arrangements and layouts are our sole and exclusive property, or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorized by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.

20. GENERAL TERMS

a. We shall not be bound by any representation, warranty or promise unless specified in these Terms of Use or agreed by us in writing. No representation, term, warranty, or condition express or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement, or conversation.

b. No indulgence, which we may grant to any party, shall constitute a waiver of any of the rights of us, and we shall not hereby be precluded from exercising any rights against the client which may have arisen in the past or which might arise in the future.

c. Each of the terms or conditions of these Terms of Use are separate and severable and are individually and jointly enforceable. In the event that any one or more of the provisions of these Terms of Use are found to be invalid, unlawful and/or unenforceable, such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.

d. Company shall not be liable for breach of any provision herein or failure to perform obligations arising solely as a result of a Force Majeure Event.

21. GOVERNING LAW AND JURISDICTION

These Terms of Use and the Privacy Policy and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these documents shall be governed by and construed in accordance with the laws of UAE and all disputes or claims (whether contractual or non-contractual) shall be exclusively settled by arbitration by a single arbitrator with its seat in Dubai, UAE, in the English language under the rules of the Dubai International Arbitration Center. In working with us you agree arbitration by the mechanism stated in this clause is the sole and exclusive formal remedy and you waive resolution through any other forum or mechanism of any kind whether judiciary, regulatory or through semi-governmental bodies.

Last Updated in May 2022.

DISCLAIMER

This Disclaimer shall be read in conjunction with the Terms of Use, Privacy Policy and any invoice issued by us. Capitalised terms in this Disclaimer have the same meaning as in the Terms of Use.

You shall use the Platform at your own risk and sole liability. We do not make any warranties or representations, whether express or implied, whether arising out of law or otherwise, in relation to your use of the Platform, the accuracy of the content on the Platform, or the quality or quantity of any postings or updates; nor do we accept any liability for any user reviews or feedback. We assume no liability or responsibility for any errors or omissions in the content of the Platform. While we may make changes to the Platform without any prior notice, at the same time, we are not obligated to make any such amendments. We reserve the right to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the UAE, without any prior notice or consent.

We shall not be accountable to you or any third-party relying on you, and in this respect, you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that you may suffer through using this Platform. We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any Third-party Sites.

You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform. If you have any concerns, questions or feedback, please direct these to hello@seanses.com.

Last updated in May 2022.